SB752: Brownfields; public notice of voluntary remediation plans.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 10.1-1232.1 as follows:
§ 10.1-1232.1. Public notice; hearings.
Upon a determination of an applicant's eligibility to
participate in the Voluntary Remediation Program, the Department shall provide
written notice to each person who is the record owner of a property that abuts
or lies within 100 feet of the boundary lines of the property that is the
subject of the application. Notice shall also be given promptly to each person
who is the record owner of property that is identified as contaminated by a
release on the applicant's property. The Department shall also publish a notice
in a newspaper of general circulation in the area affected by the voluntary
action. All notices shall include: (i) the name and address of the participant
and the location of the proposed voluntary remediation; (ii) a brief
description of the remediation, the general nature of the release, and any
proposed land use controls; (iii) the address and telephone number of a
specific person familiar with the remediation from whom information regarding
the voluntary remediation may be obtained; and (iv) a brief description of how
to submit comments. A public comment period of at least 30 days shall follow
the issuance of notice. Any person to whom notice is required and who has
submitted comments may request a hearing under § 2.2-4020 on the Department's
approval of a voluntary remediation plan. The decision to grant a hearing under
§ 2.2-4020 shall be solely at the discretion of the Director and not be subject
to judicial review.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 10.1-1232.1 as follows:
§ 10.1-1232.1. Public notice; hearings.
A. Upon a determination of an applicant's eligibility to participate in the Voluntary Remediation Program and at least 60 days prior to the adoption of a voluntary remediation plan, the Department shall provide written notice to each person who is the record owner of a property that abuts or lies within 100 feet of the boundary lines of the property that is the subject of the application, and each person who is the record owner of a property that may be contaminated by a release on the applicant's property. The Department shall also publish a notice in a newspaper of general circulation in the area affected by the voluntary action. All notices shall include: (i) the name and address of the participant and the location of the proposed voluntary remediation; (ii) a brief description of the remediation, the general nature of the release, and any proposed land use controls; (iii) the address and telephone number of a specific person familiar with the remediation from whom information regarding the voluntary remediation may be obtained; and (iv) a brief description of how to submit comments. A public comment period of at least 30 days shall follow the issuance of notice.
B. The Department shall not issue any certificate of satisfactory completion of remediation if any substance or element listed in regulations adopted pursuant to the federal Safe Drinking Water Act, (42 U.S.C. § 300f et seq.) has been found on the subject property and in groundwater concentrations in excess of the applicable maximum contaminant level unless each person to whom notice is required in subsection A consents to such issuance in writing.
C. Any person to whom notice is required in subsection A shall have the right, upon demand, to a hearing under § 2.2-4020 on the Department's approval of a voluntary remediation plan or issuance of a certificate of satisfactory completion of remediation.
D. The Department's failure to comply with the provisions of this section shall bar and void the approval of a voluntary remediation plan and issuance of a certification of satisfactory completion of remediation for the subject property.