62.1-44.15:1.1 - Special orders; penalties
§ 62.1-44.15:1.1. Special orders; penalties.
The Board is authorized to issue special orders in compliance with theAdministrative Process Act (§ 2.2-4000 et seq.) requiring that an owner filewith the Board a plan to abate, control, prevent, remove, or contain anysubstantial and imminent threat to public health or the environment that isreasonably likely to occur if such facility ceases operations. Such planshall also include a demonstration of financial capability to implement theplan. Financial capability may be demonstrated by the establishment of anescrow account, the creation of a trust fund to be maintained within theBoard, submission of a bond, corporate guarantee based upon audited financialstatements, or such other instruments as the Board may deem appropriate. TheBoard may require that such plan and instruments be updated as appropriate.The Board shall give due consideration to any plan submitted by the owner inaccordance with §§ 10.1-1309.1, 10.1-1410, and 10.1-1428, in determining thenecessity for and suitability of any plan submitted under this section.
For the purposes of this section, "ceases operation" means to ceaseconducting the normal operation of a facility which is regulated under thischapter under circumstances where it would be reasonable to expect that suchoperation will not be resumed by the owner at the facility. The term shallnot include the sale or transfer of a facility in the ordinary course ofbusiness or a permit transfer in accordance with Board regulations.
Any person who ceases operations and who knowingly and willfully fails toimplement a closure plan or to provide adequate funds for implementation ofsuch plan shall, if such failure results in a significant harm or an imminentand substantial threat of significant harm to human health or theenvironment, be liable to the Commonwealth and any political subdivisionthereof for the costs incurred in abating, controlling, preventing, removing,or containing such harm or threat.
Any person who ceases operations and who knowingly and willfully fails toimplement a closure plan or to provide adequate funds for implementation ofsuch plan shall, if such failure results in a significant harm or an imminentand substantial threat of significant harm to human health or theenvironment, be guilty of a Class 4 felony.
(1991, c. 702.)