April 9, 2002

Legislative Update!!!

Governor Warner has proposed an amendment to Senate Bill (SB) 592, which would impose a $5/ton surcharge on solid waste disposal at landfills that are subject to the annual solid waste reporting requirements of Code of Virginia §10.1-1413.1 (which exempts captive industrial landfills). Payments would be made to the Virginia Department of Environmental Quality (DEQ) on a quarterly basis, with the first payment due by October 30, 2002. For facilities without scales, 2 cubic yards are deemed equal to 1 ton. Each quarter, 3% of the amount due, or $10,000, whichever is less, can be withheld to cover the facility’s administrative costs to remit the fees.

This proposed legislation would create the Commonwealth Conservation Fund, which would receive approximately $76 million annually. Disbursements from the Fund could be used for the following:

• 40% to the Virginia Land Conservation Fund to preserve open space;
• 35% to a grant program for localities to support various environmental programs;
• 19% to the Virginia Water Quality Improvement Fund;
• 5% to the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund; and,
• 1% to the DEQ to administer the Fund.

In his press conference this morning, the Governor stated that localities, in total, would contribute 25% to the Fund and receive 35% in disbursements through the grant program. Guidelines for implementing and administering the grant program would be developed under the guidance of Secretary of Natural Resources Tayloe Murphy by an advisory group of interested parties.

Governor Warner stated that he has strong bipartisan support for the amendment, which he is proposing in light of the following:

• the amount of out-of-state trash landfilled in Virginia;
• the Supreme Court’s decision not to hear the Commonwealth’s appeal of the out-of-state trash court case;
• reports that Pennsylvania and Maryland are considering similar surcharges; and,
• the desire to fund various un-funded environmental programs.


Attached to this Waste Management Bulletin are two documents (in PDF format): the proposed amendedment SB592, and the Governor’s press release.