A. Grant of certification of site approval shall supersede any localordinance or regulation that is inconsistent with the terms of thecertification. Nothing in this chapter shall affect the authority of the hostcommunity to enforce its regulations and ordinances to the extent that theyare not inconsistent with the terms and conditions of the certification ofsite approval. Grant of certification shall not preclude or excuse theapplicant from the requirement to obtain approval or permits under thischapter or other state or federal laws. The certification shall continue ineffect until it is amended, revoked or suspended.
B. The certification may be amended for cause under procedures andregulations prescribed by the Board.
C. The certification shall be terminated or suspended (i) at the request ofthe owner of the facility; (ii) upon a finding by the Board that conditionsof the certification have been violated in a manner that poses a substantialrisk to health, safety or the environment; (iii) upon termination of thehazardous waste facility permit by the Director or the EPA Administrator; or(iv) upon a finding by the Board that the applicant has knowingly falsifiedor failed to provide material information required in the notice of intentand application.
D. The facility owner shall promptly notify the Board of any changes in theownership of the facility or of any significant changes in capacity or designof the facility.
E. Nothing in the certification shall constitute a defense to liability inany civil action involving private rights.
F. The Commonwealth may not acquire any site for a facility by eminent domainprior to the time certification of site approval is obtained. However, anyagency or representative of the Commonwealth may enter upon a proposed sitepursuant to the provisions of § 25.1-203.
G. The governing body of the host community shall have the authority toenforce local regulations and ordinances to the extent provided by subsectionA of this section and the terms of the siting agreement. The local governingbody may be authorized by the Board to enforce specified provisions of thecertification.
(1986, c. 492, § 10-302; 1988, c. 891; 2003, c. 940.)
A. Grant of certification of site approval shall supersede any localordinance or regulation that is inconsistent with the terms of thecertification. Nothing in this chapter shall affect the authority of the hostcommunity to enforce its regulations and ordinances to the extent that theyare not inconsistent with the terms and conditions of the certification ofsite approval. Grant of certification shall not preclude or excuse theapplicant from the requirement to obtain approval or permits under thischapter or other state or federal laws. The certification shall continue ineffect until it is amended, revoked or suspended.
B. The certification may be amended for cause under procedures andregulations prescribed by the Board.
C. The certification shall be terminated or suspended (i) at the request ofthe owner of the facility; (ii) upon a finding by the Board that conditionsof the certification have been violated in a manner that poses a substantialrisk to health, safety or the environment; (iii) upon termination of thehazardous waste facility permit by the Director or the EPA Administrator; or(iv) upon a finding by the Board that the applicant has knowingly falsifiedor failed to provide material information required in the notice of intentand application.
D. The facility owner shall promptly notify the Board of any changes in theownership of the facility or of any significant changes in capacity or designof the facility.
E. Nothing in the certification shall constitute a defense to liability inany civil action involving private rights.
F. The Commonwealth may not acquire any site for a facility by eminent domainprior to the time certification of site approval is obtained. However, anyagency or representative of the Commonwealth may enter upon a proposed sitepursuant to the provisions of § 25.1-203.
G. The governing body of the host community shall have the authority toenforce local regulations and ordinances to the extent provided by subsectionA of this section and the terms of the siting agreement. The local governingbody may be authorized by the Board to enforce specified provisions of thecertification.
(1986, c. 492, § 10-302; 1988, c. 891; 2003, c. 940.)
A. Grant of certification of site approval shall supersede any localordinance or regulation that is inconsistent with the terms of thecertification. Nothing in this chapter shall affect the authority of the hostcommunity to enforce its regulations and ordinances to the extent that theyare not inconsistent with the terms and conditions of the certification ofsite approval. Grant of certification shall not preclude or excuse theapplicant from the requirement to obtain approval or permits under thischapter or other state or federal laws. The certification shall continue ineffect until it is amended, revoked or suspended.
B. The certification may be amended for cause under procedures andregulations prescribed by the Board.
C. The certification shall be terminated or suspended (i) at the request ofthe owner of the facility; (ii) upon a finding by the Board that conditionsof the certification have been violated in a manner that poses a substantialrisk to health, safety or the environment; (iii) upon termination of thehazardous waste facility permit by the Director or the EPA Administrator; or(iv) upon a finding by the Board that the applicant has knowingly falsifiedor failed to provide material information required in the notice of intentand application.
D. The facility owner shall promptly notify the Board of any changes in theownership of the facility or of any significant changes in capacity or designof the facility.
E. Nothing in the certification shall constitute a defense to liability inany civil action involving private rights.
F. The Commonwealth may not acquire any site for a facility by eminent domainprior to the time certification of site approval is obtained. However, anyagency or representative of the Commonwealth may enter upon a proposed sitepursuant to the provisions of § 25.1-203.
G. The governing body of the host community shall have the authority toenforce local regulations and ordinances to the extent provided by subsectionA of this section and the terms of the siting agreement. The local governingbody may be authorized by the Board to enforce specified provisions of thecertification.
(1986, c. 492, § 10-302; 1988, c. 891; 2003, c. 940.)
