CODE OF VIRGINIA

SOLID WASTE MANAGEMENT FACILITY SITING APPROVAL (§ 15.2-929)

A. Any locality may enact an ordinance regulating the siting of solid waste
management facilities within its boundaries. The ordinance shall prescribe the
criteria, form of application, and procedure, which shall include a public
hearing, for siting approval. In establishing the criteria, the locality shall
consider the potential effect of the siting of a solid waste management facility
on the health, safety and welfare of the residents of the locality. Any person
desiring to site a solid waste management facility within the boundaries of any
locality which has adopted an ordinance pursuant to this section shall file its
application with the governing body of the locality. Within 120 days of the
receipt of an application which complies with the provisions of the ordinance,
the governing body shall grant or deny siting approval. Failure to act within
120 days shall constitute a granting of siting approval.

B. Whenever any governing body denies siting approval, the applicant shall be
entitled to appeal such decision to the circuit court of the jurisdiction
denying siting approval.

C. Any person who has already been issued a permit to operate a solid waste
management facility by the Department of Environmental Quality or has received
zoning or other land use approval for the siting of the facility, prior to July
1, 1989, shall not be required to obtain siting approval for such solid waste
management facility pursuant to the provisions of this section.

HISTORY: 1989, c. 623, § 15.1-11.02; 1997, c. 587.