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2012 Special Session I

Budget Bill - HB1300 (Chapter 2)

Department of Environmental Quality

Item 354

Item 354 (Not set out)

First Year - FY2011Second Year - FY2012
Land Protection (50900)$13,197,777$13,197,777
Land Protection Permitting (50925)FY2011 $3,704,517FY2012 $3,704,517
Land Protection Compliance and Enforcement (50926)FY2011 $6,944,180FY2012 $6,944,180
Land Protection Outreach (50927)FY2011 $2,219,166FY2012 $2,219,166
Land Protection Planning and Policy (50928)FY2011 $329,914FY2012 $329,914
Fund Sources: 
GeneralFY2011 $2,254,649FY2012 $2,254,649
SpecialFY2011 $566,315FY2012 $566,315
Dedicated Special RevenueFY2011 $6,089,195FY2012 $6,089,195
Federal TrustFY2011 $4,287,618FY2012 $4,287,618

Authority: Title 5.1, Chapter 1; Title 10.1, Chapters 11.1, 11.2, 12.1, 14, and 25; Title 44, Chapter 3.5; and Title 62.1, Chapter 20, Code of Virginia.


A. It is the intent of the General Assembly that balances in the Virginia Environmental Emergency Response Fund be used to meet match requirements for U.S. Environmental Protection Agency Superfund State Support Contracts.


B.1. The Waste Management Board shall adopt regulations pursuant to § 10.1-1402, Code of Virginia, to ensure that general funds shall not be required to cover the direct costs related to the issuance of all permits for the hazardous waste management program.


2. The Waste Management Board shall adopt regulations pursuant to §§ 10.1-1402 and 10.1-1402.1:1, Code of Virginia, to ensure that the total fees collected are sufficient to cover not more than 60 percent of the direct costs of (i) processing an application to issue, reissue, amend or modify permits, and (ii) performing inspections and enforcement actions necessary to assure the compliance with permits issued for any sanitary landfill and other facility for the disposal, treatment or storage of nonhazardous solid waste.


3. The regulations adopted by the Waste Management Board to initially implement the provisions of paragraph B.1 and B.2. of this item shall be exempt from Article 2 (§ 2.2-4006, et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia and shall become effective no later than July 1, 2010.  Thereafter, any amendments to the fee schedule described by these acts shall not be exempted from Article 2 (§ 2.2-4006, et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.


4. The Department of Environmental Quality shall convene a representative group of stakeholders for the purpose of reviewing and making recommendations to the Secretary of Natural Resources and Chairmen of the Senate Finance and House Appropriations Committees concerning the appropriate solid waste fee structure for funding a portion of the department's direct solid waste program and efficiencies in containing permit costs.  The department shall work in accordance with Executive Order 2 (2010) and make a final report no later than December 1, 2010.