Be it enacted by the General Assembly of Virginia:
1. That § 10.1-1411 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-1411. Regional and local solid waste management plans.
A. The Board is authorized to promulgate regulations specifying requirements for local and regional solid waste management plans.
To implement regional plans, the Governor may designate
regional boundaries. The governing bodies of the counties, cities, and towns within any region
B. The Board's regulations shall include all aspects of solid
waste management including waste reduction, recycling and reuse, storage,
treatment, and disposal and shall require that
C. The Board's regulations shall permit the following credits, provided that the aggregate of all such credits permitted shall not exceed five percentage points of the annual municipal solid waste recycling rate achieved for each solid waste planning unit:
1. A credit of one ton for each ton of recycling residue generated in Virginia and deposited in a landfill permitted under subsection M of § 10.1-1408.1;
2. A credit of two percentage points of the minimum recycling rate mandated for the solid waste planning unit for a source reduction program that is implemented with the solid waste planning unit. The existence and operation of such a program shall be certified by the solid waste planning unit;
3. A credit of one ton for each ton of any solid waste material that is reused; and
4. A credit of one ton for each ton of any nonmunicipal solid waste material that is recycled.
D. Each solid waste planning unit shall maintain a minimum recycling rate for municipal solid waste generated within the solid waste planning unit pursuant to the following schedule:
1. Except as provided in subdivision 2, each solid waste
planning unit shall maintain a minimum 25
2. Each solid waste planning unit shall maintain a minimum 15
After July 1, 2007, no permit for a new sanitary landfill, incinerator, or waste-to-energy facility, or for an expansion, increase in capacity, or increase in the intake rate of an existing sanitary landfill, incinerator, or waste-to-energy facility shall be issued until the solid waste planning unit within which the facility is located has a solid waste management plan approved by the Board in accordance with the regulations, except as provided in this subsection. Failure to attain a mandated municipal solid waste recycling rate shall not be the sole cause for the denial of any permit or permit amendment, except as provided herein for sanitary landfills, incinerators, or waste-to-energy facilities, provided that all components of the solid waste management plan for the planning unit are in compliance with the regulations. The provisions of this subsection shall not be applicable to permits or permit amendments required for the operation or regulatory compliance of any existing facility, regardless of type, nor shall it be cause for the delay of any technical or administrative review of pending amendments thereto.
If a county levies a consumer utility tax and the ordinance provides that revenues derived from such source, to the extent necessary, be used for solid waste disposal, the county may charge a town or its residents, establishments, and institutions an amount not to exceed their pro rata cost, based upon population for such solid waste management if the town levies a consumer utility tax. This shall not prohibit a county from charging for disposal of industrial or commercial waste on a county-wide basis, including that originating within the corporate limits of towns.