Title 10.1, Title 10.1. Conservation

A. The General Assembly finds that: 1. The management of solid waste can pose a wide range of hazards to public health and safety and to the environment; 2. Packaging comprises a significant percentage of the overall waste stream; 3. The presence of heavy metals in packaging is a…

As used in this article, unless the context requires a different meaning: "Distributor" means any person who takes title to products or packaging purchased for resale. "Intentional introduction" means the act of deliberately using a regulated heavy metal in the formulation of a p…

A. On and after July 1, 1995, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in the Commonwealth a package or packaging component which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, st…

The following packaging and packaging components shall be exempt from the requirements of this Act: 1. Packaging or packaging components with a code indicating a date of manufacture prior to July 1, 1995; 2. Packages or packaging components to which lead, cadmium, mercury or hexa…

A. On and after July 1, 1995, each manufacturer or distributor of packaging or packaging components shall make available to purchasers, the Department, and the public, upon request, certificates of compliance which state that the manufacturer's or distributor's packaging or packa…

The Board may promulgate regulations if regulations are necessary to implement and manage the provisions of this article. The Director is authorized to name qualified persons to an advisory panel of affected interests and the public to assist the Department in implementing the pr…

A. As used in this section "cathode ray tube" means an intact glass tube used to provide the visual display in televisions, computer monitors, oscilloscopes and similar scientific equipment, but does not include the other components of an electronic product containing a cathode r…

As used in this article, unless the context requires a different meaning: "Brand" means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product. "Computer equipment" means a desktop or notebook computer and may i…

A. The collection, recycling, and reuse provisions of this article apply to computer equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a solid waste facility. B. This article does not apply to: …

A. Before a manufacturer may offer computer equipment for sale in the Commonwealth, the manufacturer shall: 1. Adopt and implement a recovery plan; and 2. Affix a permanent, readily visible label to the computer equipment with the manufacturer's brand. B. The recovery plan shall …

The Department shall produce, print, and distribute the notices required by § 10.1-1425.2 to all places in the Commonwealth where lead acid batteries are offered for sale at retail. In performing its duties under this section, the Department may inspect any place, building, or pr…

Each manufacturer shall publish a report on its publicly accessible website no later than January 31 of each year that includes: 1. The name and contact information of the representative responsible for the manufacturer's recovery plan; 2. The weight of computer equipment collect…

A person who is a retailer of computer equipment may not sell or offer to sell new computer equipment in the Commonwealth unless the equipment is labeled with the manufacturer's label and the manufacturer has a recovery plan that complies with the provisions of this article and i…

A manufacturer, manufacturer's designee, or retailer of computer equipment is not liable in any way for information in any form that a consumer leaves on computer equipment that is collected, recycled, or reused under this article, provided that the manufacturer's website (i) con…

A. The Department shall maintain a list of manufacturers on its website that have notified the Department of the availability of a recovery plan for the Commonwealth. Covered computer equipment from manufacturers on that list may be sold in or into the Commonwealth. B. The Depart…

The Office of the Attorney General may enforce the provisions of this article by taking enforcement action against a manufacturer or retailer that fails to comply with this article.

Financial or proprietary information submitted to the Department under this article is exempt from public disclosure.

This article does not authorize the Department to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person who recycles or reuses computer equipment.

A consumer is responsible for any information in any form left on the consumer's computer equipment that is collected, recycled, or reused.

All computer equipment collected under this article shall be recycled or reused in a manner that complies with federal, state, and local law.

A. As used in this section "rechargeable battery" means any removable, dry-cell, rechargeable battery weighing less than two pounds consisting of one or more electrically connected electrochemical cells that are designed to receive, store, and deliver electric energy. B. Any loca…

A. It shall be unlawful for any person selling new lead acid batteries at wholesale to not accept from customers at the point of transfer, used lead acid batteries of the type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A pe…

The provisions of this article shall not be construed to prohibit any person who does not sell new lead acid batteries from collecting and recycling such batteries.

A. It shall be the duty of each baccalaureate public institution of higher education in the Commonwealth and state agency of the Commonwealth, including the General Assembly, to establish programs for the use of recycled materials and for the collection, to the extent feasible, o…

The Department of Small Business and Supplier Diversity shall assist the Department by encouraging and promoting the establishment of appropriate recycling industries in the Commonwealth.

The Department of Transportation is authorized to conduct recycling research projects, including the establishment of demonstration projects which use recycled products in highway construction and maintenance. Such projects may include by way of example and not by limitation the …

With the assistance of the Department of Waste Management, the Department of Education shall develop by July 1, 1992, guidelines for public schools regarding (i) the use of recycled materials, (ii) the collection of recyclable materials, and (iii) the reduction of solid waste gen…

A. No person shall store, provide treatment for, or dispose of a hazardous waste without a permit from the Director. B. Any person generating, transporting, storing, providing treatment for, or disposing of a hazardous waste shall report to the Director, by such date as the Board…

A. Any permit issued by the Director pursuant to this article may be revoked, amended or suspended on any of the following grounds or on such other grounds as may be provided by the regulations of the Board: 1. The permit holder has violated any regulation or order of the Board, …

A. The Board shall promulgate regulations which ensure that, if a facility in which hazardous waste is stored, treated, or disposed is closed or abandoned, the costs associated with protecting the public health and safety from the consequences of such abandonment may be recovered…

Any person responsible for the release of a hazardous substance from a fixed facility which poses an immediate or imminent threat to public health and who is required by law to notify the National Response Center shall notify the chief administrative officer or his designee of th…

The Governor is authorized to enter into agreements with the federal government providing for discontinuance of the federal government's responsibilities with respect to low-level radioactive waste and the assumption thereof by the Commonwealth.

A. The Board, with the prior approval of the Governor, is authorized to enter into agreements with the federal government, other states or interstate agencies, whereby the Commonwealth will perform, on a cooperative basis with the federal government, other states or interstate ag…

The Board shall have the power, subject to the approval of the Governor: 1. To acquire by purchase, exercise the right of eminent domain as provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser …

As used in this article, unless the context requires a different meaning: "Applicant" means the person applying for a certification of site suitability or submitting a notice of intent to apply therefor. "Application" means an application to the Board for a certification of site …

A. In addition to its other powers and duties, with regard to hazardous waste the Board shall have the power and duty to: 1. Require that hazardous waste is treated, stored and disposed of properly; 2. Provide information to the public regarding the proper methods of hazardous wa…

A. No person shall construct or commence construction of a hazardous waste facility without first obtaining a certification of site approval by the Board in the manner prescribed herein. For the purpose of this section, "construct" and "construction" mean (i) with respect to new …

A. The Board shall promulgate criteria for approval of hazardous waste facility sites. The criteria shall be designed to prevent or minimize the location, construction, or operation of a hazardous waste facility from resulting in (i) any significant adverse impact on the environm…

A. Any person may submit to the Board a notice of intent to file an application for a certification of site approval. The notice shall be in such form as the Board may prescribe by regulation. Knowingly falsifying information, or knowingly withholding any material information, sh…

A. The governing body of a host community shall have the power to: 1. Hire and pay consultants and other experts on behalf of the host community in matters pertaining to the siting of the facility; 2. Receive and disburse moneys from the fund, and any other moneys as may be avail…

A. Not more than seventy-five nor less than sixty days after the delivery of the notice of intent to the host community, the Board shall conduct a briefing meeting in or in reasonable proximity to the host community. A quorum of the Board shall be present. Notice of the date, tim…

A. The applicant shall submit to the Board a draft impact analysis for the proposed facility within ninety days after the initial briefing meeting. At the applicant's expense, copies of the draft impact analysis shall be furnished as follows: five to the host community, and one t…

A. At any time within six months after submission of the final impact analysis, the applicant may submit to the Board an application for certification of site approval. The application shall contain: 1. Conceptual engineering designs for the proposed facility; 2. A detailed descr…

A. The governing body or its designated representatives and the applicant, after submission of notice of intent to file an application for certification of site approval, may meet to discuss any matters pertaining to the site and the facility, including negotiations of a siting a…

A. Within thirty days after receipt of the governing body's report or as otherwise provided in subsection F of § 10.1-1441, the Board shall issue or deny a draft certification of site approval. When application is made pursuant to subsection H of § 10.1-1441, the Board shall issu…

A. The Board shall conduct a public hearing on the draft certification not less than fifteen nor more than thirty days after the first publication of notice. A quorum of the Board shall be present. The hearing shall be conducted in the host community. B. Notice of the hearing sha…