Section 120. Draft certification of site approval

A. Within 30 days after receipt of the governing body's report or as otherwise provided in § 10.1-1443 of the Code of Virginia, the board shall issue or deny a draft certification of site approval.

B. The board may deny the application for certification of site approval if it finds that the applicant has failed or refused to negotiate in good faith with the governing body for the purpose of attempting to develop a siting agreement.

C. The draft certification of site approval shall specify the terms, conditions and requirements that the board, on a case-by-case basis, deems necessary to protect health, safety, welfare, the environment and natural resources.

D. Copies of the draft certification of site approval, together with notice of the date, time and place of public hearing required under § 10.1-1444 of the Code of Virginia, shall be delivered by the board to the governing body of each host community, and to persons owning property adjoining the site for the proposed facility. At least one copy of the draft certification shall be available for inspection and copying at a convenient place in the host community during normal business hours.

Historical Notes

Derived from VR672-01-4 § 3.3, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.