10.1-2502 - Disbursements from the Fund; transfer of funds to the Small Business Environmental Compliance Assistance Fund.
§ 10.1-2502. Disbursements from the Fund; transfer of funds to the SmallBusiness Environmental Compliance Assistance Fund.
The disbursement of moneys from the Fund shall be made by the StateComptroller at the written request of the Director of the Department ofEnvironmental Quality. The Director shall have the authority to access theFund for up to $100,000 per occurrence as long as the disbursement does notexceed the balance for the agency account. If the Director requests adisbursement in excess of $100,000 or an amount exceeding the remainingagency balance, the disbursement shall require the written approval of theGovernor. The Department of Environmental Quality shall develop guidelineswhich, after approval by the Governor, determine how the Fund can be used forthe purposes described herein.
Disbursements from the Fund may be made for the purposes outlined in §10.1-2500, including, but not limited to, personnel, administrative, andequipment costs and expenses directly incurred by the above-mentionedagencies or by any other agency or political subdivision, acting at thedirection of one of the above-mentioned agencies, in and for preventing oralleviating damage, loss, hardship, or suffering caused by environmentalpollution incidents.
The agency shall promptly seek reimbursement from any person causing orcontributing to an environmental pollution incident for all sums disbursedfrom the Fund for the protection, relief and recovery from loss or damagecaused by such person. In the event a request for reimbursement is not paidwithin sixty days of receipt of a written demand, the claim shall be referredto the Attorney General for collection. The agency shall be allowed torecover all legal and court costs and other expenses incident to such actionsfor collection.
In any year in which the Fund balance exceeds two million dollars, theDirector may transfer such excess amount to the Small Business EnvironmentalCompliance Assistance Fund established pursuant to § 10.1-1197.2.
(1991, c. 718; 1992, c. 887; 1997, cc. 624, 850.)