§ 10.1-1441. Application for certification of site approval.
A. At any time within six months after submission of the final impactanalysis, the applicant may submit to the Board an application forcertification of site approval. The application shall contain:
1. Conceptual engineering designs for the proposed facility;
2. A detailed description of the facility's suitability to meet the criteriapromulgated by the Board, including any design and operation measures thatwill be necessary or otherwise undertaken to meet the criteria; and
3. A siting agreement, if one has been executed pursuant to subsection C of §10.1-1442, or, if none has been executed, a statement to that effect.
B. The application shall be accompanied by whatever fee the Board, byregulation, prescribes pursuant to § 10.1-1434.
C. The Board shall review the application for completeness and notify theapplicant within fifteen days of receipt that the application is incompleteor complete.
If the application is incomplete, the Board shall advise the applicant of theinformation necessary to make the application complete. The Board shall takeno further action until the application is complete.
If the application is complete, the Board shall direct the applicant tofurnish copies of the application to the following: five to the hostcommunity, one to the Director, and one to each person owning propertyadjoining the proposed site. At least one copy of the application shall bemade available by the applicant for inspection and copying at a convenientplace in a host community during normal business hours.
D. The Board shall cause notice of the application to be made in the mannerprovided in § 10.1-1447 and shall notify each governing body that uponpublication of the notice the governing body shall conclude all negotiationswith the applicant within thirty days of publication of the notice. Theapplicant and the governing body may, by agreement, extend the time fornegotiation to a fixed date and shall forthwith notify the Board of thisdate. The Board may also extend the time to a fixed date for good cause shown.
If the host community has waived participation under the provisions ofsubsection D of § 10.1-1438, the Board shall, at the time that notice of theapplication is made, request that the governing body submit, within thirtydays of receiving notice, a report meeting the requirements of subdivision 2of subsection E of this section.
E. At the end of the period specified in subsection D of this section, agoverning body shall submit to the Board and to the applicant a reportcontaining:
1. A complete siting agreement, if any, or in case of failure to reach fullagreement, a description of points of agreement and unresolved points; and
2. Any conditions or restrictions on the construction, operation or design ofthe facility that are required by local ordinance.
F. If the report is not submitted within the time required, the Board mayproceed as specified in subsection A of § 10.1-1443.
G. The applicant may submit comments on the report of the governing body atany time prior to the issuance of the draft certification of site approval.
H. Notwithstanding any other provision of this chapter, if the host communityhas notified the Board, pursuant to subsection D of § 10.1-1438, that it haselected to waive further participation hereunder, the Board shall so notifythe applicant within fifteen days of receipt of notice from the hostcommunity, and shall advise the applicant of the time for submitting itsapplication for certification of site approval. The applicant shall submitits application within the time prescribed by the Board, which time shall notbe less than ninety days unless the applicant agrees to a shorter time.
§ 10.1-1441. Application for certification of site approval.
A. At any time within six months after submission of the final impactanalysis, the applicant may submit to the Board an application forcertification of site approval. The application shall contain:
1. Conceptual engineering designs for the proposed facility;
2. A detailed description of the facility's suitability to meet the criteriapromulgated by the Board, including any design and operation measures thatwill be necessary or otherwise undertaken to meet the criteria; and
3. A siting agreement, if one has been executed pursuant to subsection C of §10.1-1442, or, if none has been executed, a statement to that effect.
B. The application shall be accompanied by whatever fee the Board, byregulation, prescribes pursuant to § 10.1-1434.
C. The Board shall review the application for completeness and notify theapplicant within fifteen days of receipt that the application is incompleteor complete.
If the application is incomplete, the Board shall advise the applicant of theinformation necessary to make the application complete. The Board shall takeno further action until the application is complete.
If the application is complete, the Board shall direct the applicant tofurnish copies of the application to the following: five to the hostcommunity, one to the Director, and one to each person owning propertyadjoining the proposed site. At least one copy of the application shall bemade available by the applicant for inspection and copying at a convenientplace in a host community during normal business hours.
D. The Board shall cause notice of the application to be made in the mannerprovided in § 10.1-1447 and shall notify each governing body that uponpublication of the notice the governing body shall conclude all negotiationswith the applicant within thirty days of publication of the notice. Theapplicant and the governing body may, by agreement, extend the time fornegotiation to a fixed date and shall forthwith notify the Board of thisdate. The Board may also extend the time to a fixed date for good cause shown.
If the host community has waived participation under the provisions ofsubsection D of § 10.1-1438, the Board shall, at the time that notice of theapplication is made, request that the governing body submit, within thirtydays of receiving notice, a report meeting the requirements of subdivision 2of subsection E of this section.
E. At the end of the period specified in subsection D of this section, agoverning body shall submit to the Board and to the applicant a reportcontaining:
1. A complete siting agreement, if any, or in case of failure to reach fullagreement, a description of points of agreement and unresolved points; and
2. Any conditions or restrictions on the construction, operation or design ofthe facility that are required by local ordinance.
F. If the report is not submitted within the time required, the Board mayproceed as specified in subsection A of § 10.1-1443.
G. The applicant may submit comments on the report of the governing body atany time prior to the issuance of the draft certification of site approval.
H. Notwithstanding any other provision of this chapter, if the host communityhas notified the Board, pursuant to subsection D of § 10.1-1438, that it haselected to waive further participation hereunder, the Board shall so notifythe applicant within fifteen days of receipt of notice from the hostcommunity, and shall advise the applicant of the time for submitting itsapplication for certification of site approval. The applicant shall submitits application within the time prescribed by the Board, which time shall notbe less than ninety days unless the applicant agrees to a shorter time.
§ 10.1-1441. Application for certification of site approval.
A. At any time within six months after submission of the final impactanalysis, the applicant may submit to the Board an application forcertification of site approval. The application shall contain:
1. Conceptual engineering designs for the proposed facility;
2. A detailed description of the facility's suitability to meet the criteriapromulgated by the Board, including any design and operation measures thatwill be necessary or otherwise undertaken to meet the criteria; and
3. A siting agreement, if one has been executed pursuant to subsection C of §10.1-1442, or, if none has been executed, a statement to that effect.
B. The application shall be accompanied by whatever fee the Board, byregulation, prescribes pursuant to § 10.1-1434.
C. The Board shall review the application for completeness and notify theapplicant within fifteen days of receipt that the application is incompleteor complete.
If the application is incomplete, the Board shall advise the applicant of theinformation necessary to make the application complete. The Board shall takeno further action until the application is complete.
If the application is complete, the Board shall direct the applicant tofurnish copies of the application to the following: five to the hostcommunity, one to the Director, and one to each person owning propertyadjoining the proposed site. At least one copy of the application shall bemade available by the applicant for inspection and copying at a convenientplace in a host community during normal business hours.
D. The Board shall cause notice of the application to be made in the mannerprovided in § 10.1-1447 and shall notify each governing body that uponpublication of the notice the governing body shall conclude all negotiationswith the applicant within thirty days of publication of the notice. Theapplicant and the governing body may, by agreement, extend the time fornegotiation to a fixed date and shall forthwith notify the Board of thisdate. The Board may also extend the time to a fixed date for good cause shown.
If the host community has waived participation under the provisions ofsubsection D of § 10.1-1438, the Board shall, at the time that notice of theapplication is made, request that the governing body submit, within thirtydays of receiving notice, a report meeting the requirements of subdivision 2of subsection E of this section.
E. At the end of the period specified in subsection D of this section, agoverning body shall submit to the Board and to the applicant a reportcontaining:
1. A complete siting agreement, if any, or in case of failure to reach fullagreement, a description of points of agreement and unresolved points; and
2. Any conditions or restrictions on the construction, operation or design ofthe facility that are required by local ordinance.
F. If the report is not submitted within the time required, the Board mayproceed as specified in subsection A of § 10.1-1443.
G. The applicant may submit comments on the report of the governing body atany time prior to the issuance of the draft certification of site approval.
H. Notwithstanding any other provision of this chapter, if the host communityhas notified the Board, pursuant to subsection D of § 10.1-1438, that it haselected to waive further participation hereunder, the Board shall so notifythe applicant within fifteen days of receipt of notice from the hostcommunity, and shall advise the applicant of the time for submitting itsapplication for certification of site approval. The applicant shall submitits application within the time prescribed by the Board, which time shall notbe less than ninety days unless the applicant agrees to a shorter time.
