Virginia HB 826: Beverage container deposit and redemption program; established, civil and criminal penalties.

Bill Text

2022SESSION
INTRODUCED
22103902D
1 HOUSEBILLNO.826
2 OfferedJanuary12,2022
3 PrefiledJanuary12,2022
4 A BILL to amend and reenact § 10.1-1402 of the Code of Virginia and to amend the Code of Virginia
5 by adding in Chapter 14 of Title 10.1 an article numbered 3.8, consisting of sections numbered
6 10.1-1425.40 through 10.1-1425.52, relating to beverage container deposit and redemption program;
7 established; civil and criminal penalties.
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Patron––Hope(ByRequest)
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10 ReferredtoCommitteeonAgriculture,ChesapeakeandNaturalResources
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12 Be it enacted by the General Assembly of Virginia:
13 1. That § 10.1-1402 of the Code of Virginia is amended and reenacted and that the Code of
14 Virginia is amended by adding in Chapter 14 of Title 10.1 an article numbered 3.8, consisting of
15 sections numbered 10.1-1425.40 through 10.1-1425.52, as follows:
16 §10.1-1402. Powers and duties of the Board.
17 The Board shall carry out the purposes and provisions of this chapter and compatible provisions of
18 federal acts and is authorized to:
19 1. Supervise and control waste management activities in the Commonwealth.
20 2. Consult, advise and coordinate with the Governor, the Secretary, the General Assembly, and other
21 state and federal agencies for the purpose of implementing this chapter and the federal acts.
22 3. Provide technical assistance and advice concerning all aspects of waste management.
23 4. Develop and keep current state waste management plans and provide technical assistance, advice
24 and other aid for the development and implementation of local and regional waste management plans.
25 5. Promote the development of resource conservation and resource recovery systems and provide
26 technical assistance and advice on resource conservation, resource recovery and resource recovery
27 systems.
28 6. Collect data necessary to conduct the state waste programs, including data on the identification of
29 and amounts of waste generated, transported, stored, treated or disposed, and resource recovery.
30 7. Require any person who generates, collects, transports, stores or provides treatment or disposal of
31 a hazardous waste to maintain records, manifests and reporting systems required pursuant to federal
32 statute or regulation.
33 8. Designate, in accordance with criteria and listings identified under federal statute or regulation,
34 classes, types or lists of waste that it deems to be hazardous.
35 9. Consult and coordinate with the heads of appropriate state and federal agencies, independent
36 regulatory agencies and other governmental instrumentalities for the purpose of achieving maximum
37 effectiveness and enforcement of this chapter while imposing the least burden of duplicative
38 requirements on those persons subject to the provisions of this chapter.
39 10. Apply for federal funds and transmit such funds to appropriate persons.
40 11. Promulgate and enforce regulations, and provide for reasonable variances and exemptions
41 necessary to carry out its powers and duties and the intent of this chapter and the federal acts, except
42 that a description of provisions of any proposed regulation which are more restrictive than applicable
43 federal requirements, together with the reason why the more restrictive provisions are needed, shall be
44 provided to the standing committee of each house of the General Assembly to which matters relating to
45 the content of the regulation are most properly referable.
46 12. Subject to the approval of the Governor, acquire by purchase, exercise of the right of eminent
47 domain as provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, grant, gift, devise or otherwise, the
48 fee simple title to any lands, selected in the discretion of the Board as constituting necessary and
49 appropriate sites to be used for the management of hazardous waste as defined in this chapter, including
50 lands adjacent to the site as the Board may deem necessary or suitable for restricted areas. In all
51 instances the Board shall dedicate lands so acquired in perpetuity to such purposes. In its selection of a
52 site pursuant to this subdivision, the Board shall consider the appropriateness of any state-owned
53 property for a disposal site in accordance with the criteria for selection of a hazardous waste
54 management site.
55 13. Assume responsibility for the perpetual custody and maintenance of any hazardous waste
56 management facilities.
57 14. Collect, from any person operating or using a hazardous waste management facility, fees
58 sufficient to finance such perpetual custody and maintenance due to that facility as may be necessary.
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59 All fees received by the Board pursuant to this subdivision shall be used exclusively to satisfy the
60 responsibilities assumed by the Board for the perpetual custody and maintenance of hazardous waste
61 management facilities.
62 15a. Collect, from any person operating or