Petroleum Storage Tank Fund. Provides that any person or state agency seeking reimbursement from the Petroleum Storage Tank Fund for costs and expenses incurred for oil cleanup must have acted at the direction of the State Water Control Board in undertaking such cleanup. In regards to reimbursement, "moneys expended" is replaced with "costs incurred." Use of the Fund is limited to those who file a reimbursement claim with the Water Control Board within two years of the date the Board issues a site remediation closure letter or July 1, 2000, whichever is later. The Board is directed to adopt regulations that conform to the federal financial responsibility requirements for the demonstration of financial responsibility on the part of tank owners and operators. Current regulations and requirements for financial responsibility are to remain in place until the new regulations become effective. (HB 615).
Prosecution of Certain Environmental Crimes. Authorizes the Attorney General, with the concurrence of the local attorney for the Commonwealth, to institute or conduct criminal prosecutions for violations of the Air Pollution Control Law, the Virginia Waste Management Act, the State Water Control Law, and related offenses. (HB 628; SB 664).
Waste Management Board Special Orders. Grants to the Waste Management Board the power to issue administrative "special orders," similar to those issued by the Air Pollution Control Board and the Water Control Board, that have a duration of less than twelve months and contain a civil penalty of not more than $10,000. The special orders may be issued for violation of any law or regulation administered by the Board, a condition of a Board-issued permit or certificate, or any case decision or order by the Board. Special orders may be issued only after two consecutive notices of the same violations have been issued without satisfactory compliance and a fact- finding proceeding has been held. (HB 649)
Confined Animal Feeding Operations. Modifies permitting requirements for confined animal feeding operations, which are currently covered by a general permit issued by the Water Control Board. The frequency of Department of Environmental Quality inspections is increased from once every five years to once a year. To be covered under the general permit, the registration statement to be filed with the Department must now include a copy of the approved nutrient management plan and a certification that the owner has given notice of the registration statement to all adjoining landowners and residents. A licensed professional engineer or an appropriate government official must certify that the siting, design and construction of the waste storage facility comply with the regulations. The Department must be notified at least 14 days prior to animals being placed in the facility. Operators covered by the general permit must undergo training at least once every three years. The record retention requirement is extended from two to five years. A civil penalty not to exceed $2,500 or an injunction may be imposed for operating a confined animal feeding operation without a permit after July 1, 2000. (HB 991; SB 661)