HB 1162

            
2020 SESSION

20101702D

HOUSE BILL NO. 1162


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact �� 10.1-1182 and 10.1-1183 of the 
 Code of Virginia, relating to Department of Environmental Quality; 
 environmental justice.
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Patron-- Lopez

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Referred to Committee on Agriculture, Chesapeake and Natural Resources

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Be it enacted by the General Assembly of Virginia:
 
 
1. That �� 10.1-1182 and 10.1-1183 of the Code of Virginia 
 are amended and reenacted as follows:
 
 
� 10.1-1182. Definitions.
 
 
As used in this chapter, unless the context requires a 
 different meaning:
 
 
"Department" means the Department of Environmental 
 Quality.
 
 
"Director" means the Director of the Department of 
 Environmental Quality.
 
 
"Environment" means the natural, scenic, 
 and historic attributes of the Commonwealth. 
 
 
"Environmental 
 justice" means the fair treatment and meaningful involvement of every 
 person, regardless of race, 
 color, national origin or income, in 
 the development, implementation, 
 and enforcement of environmental laws, regulations, 
 and policies.
 
 
"Special order" means an administrative order issued 
 to any party that has a stated duration of not more than twelve months and that 
 may include a civil penalty of not more than $10,000.
 
 
� 10.1-1183. Creation of Department of Environmental Quality; 
 statement of policy.
 
 
A. There 
 is hereby created a Department of Environmental Quality by the consolidation of 
 the programs, functions, staff, facilities, assets, and 
 obligations of the following agencies: the State Water Control Board, the 
 Department of Air Pollution Control, the Department of Waste Management, and 
 the Council on the Environment. Wherever in this title and in the Code of 
 Virginia reference is made to the Department of Air Pollution Control, the 
 Department of Waste Management, or the 
 Council on the Environment, or any division thereof, it shall mean the 
 Department of Environmental Quality.
 
 
B. It shall be is 
 the policy of the Department of Environmental Quality to protect the 
 environment of Virginia in order to promote the health and well-being of the 
 Commonwealths citizens. The purposes of the Department are:
 
 
1. To assist in the effective implementation of the 
 Constitution of Virginia by carrying out state policies aimed at conserving the 
 Commonwealths natural resources and protecting its atmosphere, land, 
 and waters from pollution.
 
 
2. To coordinate permit review and issuance procedures to 
 protect all aspects of Virginias environment.
 
 
3. To further 
 environmental justice and enhance public participation in 
 the regulatory and permitting processes.
 
 
4. To establish and effectively implement a pollution 
 prevention program to reduce the impact of pollutants on Virginias natural 
 resources.
 
 
5. To establish procedures for, and undertake, long-range 
 environmental program planning and policy analysis.
 
 
6. To conduct comprehensive evaluations of the Commonwealths 
 environmental protection programs.
 
 
7. To develop uniform administrative systems to ensure 
 coherent environmental policies.
 
 
8. To coordinate state reviews with federal agencies on 
 environmental issues, such as environmental impact statements.
 
 
9. To promote environmental quality through public hearings 
 and expeditious and comprehensive permitting, inspection, monitoring, 
 and enforcement programs, and provide effective service delivery to the 
 regulated community.
 
 
10. To advise the Governor and General Assembly, and, on 
 request, assist other officers, employees, and public bodies of the 
 Commonwealth, on matters relating to environmental quality and the 
 effectiveness of actions and programs designed to enhance that quality.
 
 
11. To ensure that there is consistency in the enforcement of 
 the laws, regulations, and policies as they apply to holders of permits or 
 certificates issued by the Department, whether the owners or operators of such 
 regulated facilities are public sector or private sector entities, including 
 the development of electronic recordkeeping and document transmittal systems 
 that encourage the use of electronic methods in performing the Departments 
 business as a means of furthering both resource conservation and transaction 
 efficiency. To serve that end, 
 wherever
 
 
C. Wherever the 
 term is used in this chapter or in 
 other statutory or regulatory provisions that the Department administers, (i) 
 "certified mail" means electronically certified or postal certified 
 mail, except that this provision shall apply only to the mailing of plan 
 approvals, permits, or certificates issued under the provisions of this chapter 
 and those of the Air Pollution Control Law (� 10.1-1300 et seq.), the Virginia 
 Waste Management Act (� 10.1-1400 et seq.), and the State Water Control Law (� 
 62.1-44.2 et seq.), and only where the recipient has notified the Department of 
 his consent to receive plan approvals, permits, or certificates by electronic 
 mail, and (ii) "mail" means electronic or postal delivery. Any 
 statutory provisions requiring use of "certified mail" to transmit 
 special orders or administrative orders pursuant to enforcement proceedings 
 shall mean postal certified mail.