Virginia Code

Va. Code Ann. § 10.1-1426 (2026)

Permits required; waiver of requirements; reports; conditional permits

✓ current as of May 2026

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A. No person shall store, provide treatment for, or dispose of a hazardous waste without a permit from the Director.

B. Any person generating, transporting, storing, providing treatment for, or disposing of a hazardous waste shall report to the Director, by such date as the Board specifies by regulation, the following: (i) his name and address, (ii) the name and nature of the hazardous waste, and (iii) the fact that he is generating, transporting, storing, providing treatment for or disposing of a hazardous waste. A person who is an exempt small quantity generator of hazardous wastes, as defined by the administrator of the Environmental Protection Agency, shall be exempt from the requirements of this subsection.

C. Any permit shall contain the conditions or requirements required by the Board's regulations and the federal acts.

D. Upon the issuance of an emergency permit for the storage of hazardous waste, the Director shall notify the chief administrative officer of the local government for the jurisdiction in which the permit has been issued.

E. The Director may deny an application under this article on any grounds for which a permit may be amended, suspended or revoked listed under subsection A of § 10.1-1427.

F. Any locality or state agency may collect hazardous waste from exempt small quantity generators for shipment to a permitted treatment or disposal facility if done in accordance with (i) a permit to store, treat, or dispose of hazardous waste issued pursuant to this chapter or (ii) a permit to transport hazardous waste, and the wastes collected are stored for no more than 10 days prior to shipment to a permitted treatment or disposal facility. If household hazardous waste is collected and managed with hazardous wastes collected from exempt small quantity generators, all waste shall be managed in accordance with the provisions of this subsection.

1986, cc. 492, 563, § 10-279; 1988, c. 891; 1992, c. 463; 2004, c. 442; 2014, c. 139.

Notes of Decisions

Cited in 6 cases, 1998–2015 · leading case: Chesapeake Bay Found., Inc. v. Commonwealth Ex Rel. State Water Control Bd., 616 S.E.2d 39 (Va. Ct. App. 2005).

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Chesapeake Bay Found., Inc. v. Commonwealth Ex Rel. State Water Control Bd., 616 S.E.2d 39 (Va. Ct. App. 2005). “1 or § 10.1-1426 and who has exhausted all available administrative remedies for review of the Board’s or Director's decision, shall be entitled to judicial review thereof in accordance with the Administrative Process Act (§ 9-6.”

Virginia Uranium, Inc. v. McAuliffe, 147 F. Supp. 3d 462 (W.D. Va. 2015). “§ 10.1-1426(A). Va. Code Ann. § 45.1-283 might obviate Plaintiffs’ application for these permits, but it does not prohibit the DEQ from accepting applications for them.”

Concerned Taxpayers v. Dep't of Env't Quality, 525 S.E.2d 628 (Va. Ct. App. 2000). “1 or § 10.1-1426 and who has exhausted all available administrative remedies for review of the Board’s or Director’s decision, shall be entitled to judicial *794 review thereof in accordance with the Administrative Process Act (§ 9-6.”

James River Ass'n v. Commonwealth ex rel. Waste Mgmt. Bd., 63 Va. Cir. 602 (Richmond County Cir. Ct. 2004). “1 or § 10.1-1426 and who has exhausted all available administrative remedies for review of the Board’s or Director’s decision, shall be entitled to judicial review thereof in accordance with the Administrative Process Act (§ 2.”

Rise v. Cw, Deq, Dwm (Va. Ct. App. 2000). “1 or § 10.1-1426 and who has exhausted all available administrative remedies for review of the Board's or Director's decision, shall be entitled to judicial review thereof in accordance with the Administrative Process Act (§ 9-6.”

Residents Involved in Saving Env't, Inc. v. Commonwealth, 47 Va. Cir. 43 (Richmond County Cir. Ct. 1998). “1 or§ 10.1-1426 and who has exhausted all available administrative remedies for review of the Board’s or Director’s decision, shall be entitled to judicial review thereof in accordance with the Administrative Process Act (§ 9-6.”

— Va. Code Ann. § 10.1-1426(A) — 1 case

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