VIRGINIA
THE TYRANT STATE
WHY WOULD THE STATE IMPOSE ENVIRONMENTAL DAMAGES ON ITS COUNTIES, AS WELL AS ILLNESS
AND DEATH ON ITS CITIZENS, BASED ON THE 138 YEAR OLD LEGAL OPINION OF IOWA'S JUDGE DILLON
AND A TWENTY-FIVE YEAR OLD EPA SLUDGE DUMPING POLICY? Generally, only a Judge is authorized to
issue a death sentence for cause. Why then has Virginia delegated an Engineer (or perhaps a clown
posing as a permit writer) to knowingly permit murder by exposing the citizens of Virginia to death,
disease and cancer causing pollutants in sewage sludge through the air, water and foodchain? Click
here to See 40 CFR 503.9(t)
Cornell researchers have documented sludge related illnesses
in Culpeper County, where erosion will move sludge off 95
percent of the land where it is disposed of as a fertilizer. Will
Culper County stand up to protect the health of it citizens and
environment from pollution?
Culpeper County, Virginia has a unique history. In 1749, George
Washington was the County Surveyor. In 1765, sixteen Justices
of the Peace of the County signed a petition against the King's
Stamp Act and presented it to Governor Fauquier, at which point,
they all resigned. In 1775, the Culpeper Minute Men were formed
and were the first to respond to Patrick's Henry call for assistance
at the beginning of the Revolutionary War. In 1971, a Department
of Interior Survey found that Culpeper County was the only area
East of the Mississippi relatively free of air, water and noise
pollution.
By 1984, the Culpeper Board of Supervisors found, "For good or
bad, things are not what they were. Changed times require that
we know what's coming beforehand if we hope to be ready when
it arrives. We can no wait for the problem to appear before
moving to correct it. The solutions are to expensive and the
problems are to many."
Furthermore, "-- unlike the one [plan] used by the caretaker
reacting to a crisis, the planning process says we can control our
destiny with foresight. To do so, we must be quicker to act than
that which will bring us down."
Moreover, "A plan is not acceptable unless its direction comes
from the people; it is not realistic unless its application respects
the environment; and it is not workable unless its programs look
to the future."
Enter the state of Virginia with a law that says the counties must
accept chemical and disease contaminated liquid or semi-liquid
sewage sludge on farmland -- if a farmer can be conned into
taking it or if farmland is purchased specifically for sludge
dumping. It is legal in Virginia, even if the only crop is wild grass
and weeds.
Lets face the truth. What the state has approved is the dumping
of liquefied human shit, saturated with disease organisms
(such as E. coli 0157:H7 which primarily kill
children and old people), from homes and hospitals as
well as industrial chemicals, on farmland with no provisions to
prevent runoff or groundwater contamination.
Does liquefied shit run down hill, especially during a storm?
While you notice the rolling hills of Culpeper County, the county
has an average drop in elevation of 250 feet to the southeast. All
of the runoff from sludge disposal sites will drain into the
Rappahannock River by way of the Rapidian, the Hazel, and
Thornton Rivers.
According to a 1952 USDA Soil Survey, in areas of the
county underlain by granite, gneiss, schist, and slate,
shallow (15-18 ft) dug wells are common.
There are five classes of soil in Culpeper County. Only about five
percent of the soil in the county is first-class, with a small degree
of acidity, and "present little or no conservation problem resulting
from runoff." Only 15 percent of the soil in the county is second-
class, with "frequent overflow, moderate leaching, limited
supply of plant nutrients, rolling relief, and erosion damage."
The soil is acid. Thirty percent of the counties soil is third-class,
fair to poor cropland with erosion damage. Thirty-nine percent of
the counties land is fourth-class, with erosions problems,
suitable only for pasture land. About eight percent of the county
land is Fifth-class land, with severe erosion problems, suitable
only for forest land.
1. The 503 sludge policy is not a federal mandate, yet, the
General Assembly adopted it as state law. Implementing the
disposal of disease organisms and chemicals on farmland as
a fertilizer wastes the financial resources of local
governments, the citizens of Virginia and the Commonwealth
and does not properly respect the rights of local governments
and citizens.
2. The state government has an obligation to the public to do
what is necessary to protect the rights of Virginia citizens under
federal law, yet, it is determined to minimize or eliminate any
additional cost or regulatory burden on corporations, at the
expense of the citizens of the Commonwealth.
3. Virginia, as one of the sovereign states within the union, has
constitutional authority to enact laws protecting the environment
of the commonwealth and safe-guarding the public health, safety,
and welfare of the citizens of Virginia. This authority was not
ignored by the federal government when it encouraged the
state to change the solid waste law for the disposal disease
contaminated sewage sludge (a hazardous waste under RCRA
and a toxic pollutant under CWA). Now, the state is hiding
behind the 138 year old legal opinion of Iowa's Judge John F.
Dillion, to force counties to accept death and illness among the
citizens from exposure to toxic sludge.
4. Current federal regulatory mandates, as reflected in federal
administrative regulations, guidelines, and policies, often do not
reflect the realities of Virginia and (there are no federal
regulators), but, federal sludge promoters, and the state
Health Department, do not care about the needs and priorities
of the citizens of Virginia.
5.The citizens of the Commonwealth can create and \vish to
create innovative solutions to Virginia's problems, but the current
manner in which legal challenges to state policies and federal
programmatic substitutions of state programs are handled does
not allow the Commonwealth the flexibility it needs. So, why
would the Commonwealth change its solid waste laws to
implement the provisions of a federal policy, in direct violation
of federal statutes requiring the prevention of pollution?
6. The provisions of this chapter will better balance the exercise
of the powers of the federal government and the powers reserved
to the states. The powers reserved to the states by federal
statute is to prevent the open dumping of solid waste,
hazardous waste and toxic waste for greater protection of the
Commonwealth and its citizens. Preventing open dumping of
sewage sludge/biosolids as a fertilizer, as required by federal
statute, would free more money for other needs.
7. The purpose of this chapter is to ensure that federal mandates
implemented in Virginia comply with state policy of open
dumping --to destroy the health of the citizens and
environments.????
1997 - EPA claims it has no role in enforcement of federal
prohibition against open dumping of solid waste. (PF #100)
2002 - The Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188;
June 12, 2002) requires that the United States improve its ability
to prevent, prepare for, and respond to acts of bioterrorism and
other public health emergencies that could threaten either
public health and safety or American Agriculture. http:
//deadlydeceit.com/42cfr72.html
2002, The EPA Office of Inspector General (OIG) officially
released its report on EPA's sewage sludge rule, "e.. EPA has
taken a position that "investigating health impacts from
biosolids [i.e. sludge] is not an EPA responsibility.""
http://deadlydeceit.com/Human-health.html
2005 - USDA adopted as a final rule, with changes, 7 CFR Part
331 and 9 CFR Part 121 that establishes regulations governing
the possession, use, and transfer of biological agents and toxins
that have been determined to have the potential to pose a severe
threat to public health and safety, to animal health, to plant health,
or to animal or plant products
That includes:
1 Any microorganism (including, but not limited to, bacteria,
viruses, fungi, rickettsiae, or protozoa), or infectious
substance, or any naturally occurring, bioengineered, or
synthesized component of any such microorganism or
infectious substance,
capable of causing: (1) Death, disease or other biological
malfunction in a human, an animal, a plant, or another living
organism; (2) deterioration of food, water, equipment, supplies,
or material of any kind; or (3) deleterious alteration of the
environment.
http://deadlydeceit.com/Ag-Bio.html
Virginia
Why has the Virginia legislative body mandated that its citizens
must accept this bio-terrorism policy against the people as
law? Why also has the Virginia legislative body mandated that
the Health Department promote this bio-terrorism policy as a
safe method of sludge/biosolids disposal? Didn't the Health
Department read 40 CFR 503.9(t) where EPA warned that
exposure to the chemicals and disease causing organisms in
sludge/biosolids through the air, water or food chain could/will
cause death - disease - cancer - or worse?
VIRGINIA’S JEKYLL (DEQ) AND HYDE (VDH) LAWS
FOR SLUDGE
In The Strange Case of Dr Jekyll and Mr. Hyde by Robert Louis
Stevenson, Dr. Jekyll creates a magic potion which transforms
him into the killer Mr. Hyde. An unknown impurity (pollutant) is
what makes the magic potion work.
The Virginia Department of Environmental Quality (DEQ) knows
the known (and unknown) pollutants in sludge can kill you and
the solid waste law is based on the 1991 Resource
Conservation and Recovery Act (RCRA)/Clean Water Act (CWA)
sludge disposal regulation part 258. This is the “minimum
national criteria (to) ensure the protection of human health and
the environment” and defines sludge from any pollution control
treatment plant as a solid waste
in Culpeper County, where erosion will move sludge off 95
percent of the land where it is disposed of as a fertilizer. Will
Culper County stand up to protect the health of it citizens and
environment from pollution?
Culpeper County, Virginia has a unique history. In 1749, George
Washington was the County Surveyor. In 1765, sixteen Justices
of the Peace of the County signed a petition against the King's
Stamp Act and presented it to Governor Fauquier, at which point,
they all resigned. In 1775, the Culpeper Minute Men were formed
and were the first to respond to Patrick's Henry call for assistance
at the beginning of the Revolutionary War. In 1971, a Department
of Interior Survey found that Culpeper County was the only area
East of the Mississippi relatively free of air, water and noise
pollution.
By 1984, the Culpeper Board of Supervisors found, "For good or
bad, things are not what they were. Changed times require that
we know what's coming beforehand if we hope to be ready when
it arrives. We can no wait for the problem to appear before
moving to correct it. The solutions are to expensive and the
problems are to many."
Furthermore, "-- unlike the one [plan] used by the caretaker
reacting to a crisis, the planning process says we can control our
destiny with foresight. To do so, we must be quicker to act than
that which will bring us down."
Moreover, "A plan is not acceptable unless its direction comes
from the people; it is not realistic unless its application respects
the environment; and it is not workable unless its programs look
to the future."
Enter the state of Virginia with a law that says the counties must
accept chemical and disease contaminated liquid or semi-liquid
sewage sludge on farmland -- if a farmer can be conned into
taking it or if farmland is purchased specifically for sludge
dumping. It is legal in Virginia, even if the only crop is wild grass
and weeds.
Lets face the truth. What the state has approved is the dumping
of liquefied human shit, saturated with disease organisms
(such as E. coli 0157:H7 which primarily kill
children and old people), from homes and hospitals as
well as industrial chemicals, on farmland with no provisions to
prevent runoff or groundwater contamination.
Does liquefied shit run down hill, especially during a storm?
While you notice the rolling hills of Culpeper County, the county
has an average drop in elevation of 250 feet to the southeast. All
of the runoff from sludge disposal sites will drain into the
Rappahannock River by way of the Rapidian, the Hazel, and
Thornton Rivers.
According to a 1952 USDA Soil Survey, in areas of the
county underlain by granite, gneiss, schist, and slate,
shallow (15-18 ft) dug wells are common.
There are five classes of soil in Culpeper County. Only about five
percent of the soil in the county is first-class, with a small degree
of acidity, and "present little or no conservation problem resulting
from runoff." Only 15 percent of the soil in the county is second-
class, with "frequent overflow, moderate leaching, limited
supply of plant nutrients, rolling relief, and erosion damage."
The soil is acid. Thirty percent of the counties soil is third-class,
fair to poor cropland with erosion damage. Thirty-nine percent of
the counties land is fourth-class, with erosions problems,
suitable only for pasture land. About eight percent of the county
land is Fifth-class land, with severe erosion problems, suitable
only for forest land.
1. The 503 sludge policy is not a federal mandate, yet, the
General Assembly adopted it as state law. Implementing the
disposal of disease organisms and chemicals on farmland as
a fertilizer wastes the financial resources of local
governments, the citizens of Virginia and the Commonwealth
and does not properly respect the rights of local governments
and citizens.
2. The state government has an obligation to the public to do
what is necessary to protect the rights of Virginia citizens under
federal law, yet, it is determined to minimize or eliminate any
additional cost or regulatory burden on corporations, at the
expense of the citizens of the Commonwealth.
3. Virginia, as one of the sovereign states within the union, has
constitutional authority to enact laws protecting the environment
of the commonwealth and safe-guarding the public health, safety,
and welfare of the citizens of Virginia. This authority was not
ignored by the federal government when it encouraged the
state to change the solid waste law for the disposal disease
contaminated sewage sludge (a hazardous waste under RCRA
and a toxic pollutant under CWA). Now, the state is hiding
behind the 138 year old legal opinion of Iowa's Judge John F.
Dillion, to force counties to accept death and illness among the
citizens from exposure to toxic sludge.
4. Current federal regulatory mandates, as reflected in federal
administrative regulations, guidelines, and policies, often do not
reflect the realities of Virginia and (there are no federal
regulators), but, federal sludge promoters, and the state
Health Department, do not care about the needs and priorities
of the citizens of Virginia.
5.The citizens of the Commonwealth can create and \vish to
create innovative solutions to Virginia's problems, but the current
manner in which legal challenges to state policies and federal
programmatic substitutions of state programs are handled does
not allow the Commonwealth the flexibility it needs. So, why
would the Commonwealth change its solid waste laws to
implement the provisions of a federal policy, in direct violation
of federal statutes requiring the prevention of pollution?
6. The provisions of this chapter will better balance the exercise
of the powers of the federal government and the powers reserved
to the states. The powers reserved to the states by federal
statute is to prevent the open dumping of solid waste,
hazardous waste and toxic waste for greater protection of the
Commonwealth and its citizens. Preventing open dumping of
sewage sludge/biosolids as a fertilizer, as required by federal
statute, would free more money for other needs.
7. The purpose of this chapter is to ensure that federal mandates
implemented in Virginia comply with state policy of open
dumping --to destroy the health of the citizens and
environments.????
1997 - EPA claims it has no role in enforcement of federal
prohibition against open dumping of solid waste. (PF #100)
2002 - The Public Health Security and Bioterrorism
Preparedness and Response Act of 2002 (Public Law 107-188;
June 12, 2002) requires that the United States improve its ability
to prevent, prepare for, and respond to acts of bioterrorism and
other public health emergencies that could threaten either
public health and safety or American Agriculture. http:
//deadlydeceit.com/42cfr72.html
2002, The EPA Office of Inspector General (OIG) officially
released its report on EPA's sewage sludge rule, "e.. EPA has
taken a position that "investigating health impacts from
biosolids [i.e. sludge] is not an EPA responsibility.""
http://deadlydeceit.com/Human-health.html
2005 - USDA adopted as a final rule, with changes, 7 CFR Part
331 and 9 CFR Part 121 that establishes regulations governing
the possession, use, and transfer of biological agents and toxins
that have been determined to have the potential to pose a severe
threat to public health and safety, to animal health, to plant health,
or to animal or plant products
That includes:
1 Any microorganism (including, but not limited to, bacteria,
viruses, fungi, rickettsiae, or protozoa), or infectious
substance, or any naturally occurring, bioengineered, or
synthesized component of any such microorganism or
infectious substance,
capable of causing: (1) Death, disease or other biological
malfunction in a human, an animal, a plant, or another living
organism; (2) deterioration of food, water, equipment, supplies,
or material of any kind; or (3) deleterious alteration of the
environment.
http://deadlydeceit.com/Ag-Bio.html
Virginia
Why has the Virginia legislative body mandated that its citizens
must accept this bio-terrorism policy against the people as
law? Why also has the Virginia legislative body mandated that
the Health Department promote this bio-terrorism policy as a
safe method of sludge/biosolids disposal? Didn't the Health
Department read 40 CFR 503.9(t) where EPA warned that
exposure to the chemicals and disease causing organisms in
sludge/biosolids through the air, water or food chain could/will
cause death - disease - cancer - or worse?
VIRGINIA’S JEKYLL (DEQ) AND HYDE (VDH) LAWS
FOR SLUDGE
In The Strange Case of Dr Jekyll and Mr. Hyde by Robert Louis
Stevenson, Dr. Jekyll creates a magic potion which transforms
him into the killer Mr. Hyde. An unknown impurity (pollutant) is
what makes the magic potion work.
The Virginia Department of Environmental Quality (DEQ) knows
the known (and unknown) pollutants in sludge can kill you and
the solid waste law is based on the 1991 Resource
Conservation and Recovery Act (RCRA)/Clean Water Act (CWA)
sludge disposal regulation part 258. This is the “minimum
national criteria (to) ensure the protection of human health and
the environment” and defines sludge from any pollution control
treatment plant as a solid waste
“Sic Semper Tryannis” (which means "thus [death] always to
tyrants") is the State motto. Who in the legislature will stand up
as Virtue today to protect the citizens from death and disease
caused by dumping sewage sludge as a fertilizer/soil
amendment?
Today, the state has become the tyrant by forcing Counties to
accept illness and death by state permitted disposal of disease
and chemical contaminated sewage sludge on farmland as
well as on home lawns, without safety precautions or oversight,
as an unlabelled fertilizer.
One deadly example of the state's contempt for human life
was given in the Pollution Information Newsletter (June 2005).
No one wants disease contaminated shit dumped on the food
they eat or the lawn where their children play. Nor do they want
disease contaminated hospital waste or hazardous chemical
waste mixed with the shit and called biosolids in an effort to
change their perception about how danger sewage sludge can
be to the health of their children and parents.
The Food and Drug Administration's (FDA) strongly
recommended against the use of sludge as a fertilizer in 1980:
"(e.) Because sewage can be regarded as filth, food physically
contaminated with sludge can be considered adulterated even
though there is no direct health hazard. Sludge should not be
applied directly to growing or mature crops where sludge
particles may remain in or on the food. (f.) Commercial
compost and bagged fertilizer products derived from sludges
should be labeled properly to minimize contamination of crops
in the human food chain which may result from their use. (c.)
Crops which are customarily eaten raw should not be planted
within three years after the last sludge application. (d.) Crops
such as green beans, beets, etc., which may contaminate other
foods in the kitchen before cooking should not be grown in
sludge-treated land unless the sludge gives a negative test for
pathogens." (Table 14. FDA Recommendations to EPA on the
Land Application of Sludge (66, 75, 76), EPA-600-1-80- 025,
May 1980)
Now, the Virginia Department of Health is promoting the
adulteration of food crops and lawns because the State
legislature has decided, in law, that the State of Virginia will not
follow federal laws to protect its citizens.
tyrants") is the State motto. Who in the legislature will stand up
as Virtue today to protect the citizens from death and disease
caused by dumping sewage sludge as a fertilizer/soil
amendment?
Today, the state has become the tyrant by forcing Counties to
accept illness and death by state permitted disposal of disease
and chemical contaminated sewage sludge on farmland as
well as on home lawns, without safety precautions or oversight,
as an unlabelled fertilizer.
One deadly example of the state's contempt for human life
was given in the Pollution Information Newsletter (June 2005).
No one wants disease contaminated shit dumped on the food
they eat or the lawn where their children play. Nor do they want
disease contaminated hospital waste or hazardous chemical
waste mixed with the shit and called biosolids in an effort to
change their perception about how danger sewage sludge can
be to the health of their children and parents.
The Food and Drug Administration's (FDA) strongly
recommended against the use of sludge as a fertilizer in 1980:
"(e.) Because sewage can be regarded as filth, food physically
contaminated with sludge can be considered adulterated even
though there is no direct health hazard. Sludge should not be
applied directly to growing or mature crops where sludge
particles may remain in or on the food. (f.) Commercial
compost and bagged fertilizer products derived from sludges
should be labeled properly to minimize contamination of crops
in the human food chain which may result from their use. (c.)
Crops which are customarily eaten raw should not be planted
within three years after the last sludge application. (d.) Crops
such as green beans, beets, etc., which may contaminate other
foods in the kitchen before cooking should not be grown in
sludge-treated land unless the sludge gives a negative test for
pathogens." (Table 14. FDA Recommendations to EPA on the
Land Application of Sludge (66, 75, 76), EPA-600-1-80- 025,
May 1980)
Now, the Virginia Department of Health is promoting the
adulteration of food crops and lawns because the State
legislature has decided, in law, that the State of Virginia will not
follow federal laws to protect its citizens.
§ 2.2—616. Legislative declaration
A. In enacting this chapter, the General Assembly employs its
legislative authority to establish that the people of Virginia, acting
through their elected officials in Virginia government, have the
responsibility and authority to establish policy in and for Virginia
pertaining to federal programs mandated in federal statutes.
B. The intent of the General Assembly is to assure the primacy of
the Commonwealth s legal and political authority to implement in
and for Virginia the policy mandated by federal statutes and to
vigorously challenge and scrutinize the extent and scope of
authority asserted by federal executive branch agencies when
federal agency actions and interpretations are inconsistent with
Virginia policy and exceed the lawful authority of the federal
government or are not required by federal law.
C. In this connection the General Assembly finds and declares
that:
1. I he power to implement federal policies in and for Virginia is
central to the ability of the people of Virginia to govern themselves
under a federal system of government; and
2. Any implementation of federal policies in and for Virginia by
federal executive branch agencies that is contrary to fundamental
notions of federalism and self-determination must be identified
and countered.
D The General Assembly further finds and declares that:
1 There is an urgent need to modify federal mandates because
the implementation of these mandates by the Commonwealth
wastes the financial resources of local governments, the citizens
of Virginia and the Commonwealth and does not properly respect
the rights of the Commonwealth, local governments, and citizens.
2 The state government has an obligation to the public to do what
is necessary to protect the rights of Virginia citizens under federal
law while minimizing or eliminating any additional cost or
regulatory burden on any citizen of the Commonwealth.
3. The Tenth Amendment to the United States
Constitution directs that Powers that are not delegated to the
United States are reserved to the states or to the people.
Virginia, as one of the sovereign states within the Union, has
constitutional authority to enact laws protecting the environment
of the Commonwealth and safe-guarding the public health,
safety, and welfare of the citizens of Virginia. However, this
authority has too often been ignored by the federal government,
as the federal government has intruded more and more into
areas that must be left to the states. It is essential that the
dilution of the authority of state and local governments be halted
and that the provisions of the Tenth Amendment be accorded
proper respect.
4. Current federal regulatory mandates, as reflected in federal
administrative regulations, guidelines, and policies, often do not
reflect the realities of Virginia and federal regulators frequently do
not understand the needs and priorities of the citizens of Virginia.
5. The citizens of the Commonwealth can create and \vish to
create innovative solutions to Virginia's problems, but the current
manner in which legal challenges to state policies and federal
programmatic substitutions of state programs are handled does
not allow the Commonwealth the flexibility it needs. It is not
possible for the Commonwealth of Virginia to effectively and
efficiently implement the provisions of federal statutes unless
the burden to prove the insufficiency of the Commonwealth's
efforts to implement federal requirements is shifted to the person
or agency who asserts such insufficiency.
6. The provisions of this chapter will better balance the exercise
of the powers of the federal government and the powers reserved
to the states. In addition, the application of this chapter ultimately
will bring about greater protection for the Commonwealth and the
nation because it \\ill direct the Commonwealth to implement
federal statutes at the least possible cost, thereby freeing more
moneys for other needs.
7. The purpose of this chapter is to ensure that federal mandates
implemented in Virginia comply with state policy as established
by the General Assembly. Acts 2001, u. 844, cff. Oct. 1. 2001.
§ 2.2-617. Definitions
As used in this chapter, unless the context requires otherwise:
"Federal statute" means a federal statute that is in accord with
the United States Constitution imposing mandates on state or
local governments, which may include, but is not limited to, the
following:
Missing from this list of statutes is the Food Quality
Protection Act of 1996. . (PF#109)
Ignored is the fact that in 1987 - Congress defined sewage
sludge as a solid waste and prohibited the open dumping of all
sludges in RCRA and the reauthorization Acts: HSWA of 1984,
Safe Drinking Water Amendments of 1986 and the Superfund
Amendments of 1986. (PF #100)
1. The Safe Drinking Water Act. 42 U.S.C. § 300 f. et seq.. as
amended:
2. The Clean Air Act, 42 U.S.C. § 7401, et seq.. as amended:
3. The Federal Water Pollution Control Act. .33 U.S.C. § 1251 et
seq., as amended;
((13) The term ``toxic pollutant'' means those pollutants, or
combinations of pollutants, including disease-causing agents,
which after discharge and upon exposure, ingestion, inhalation
or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, will,
on the basis of information available to the Administrator,
cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunctions (including
malfunctions in reproduction) or physical deformations, in
such organisms or their offspring)
4. The Solid Waste Disposal Act, 42 U.S.C. § 3251, et seq.. as
amended: (HSWA)
5. The Resource Conservation and Recovery Act of 1976. 42 U.S.
C. § 6901. et seq. as amended: (RCRA)
((5) The term ``hazardous waste'' means a solid waste, or
combination of solid wastes, which because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may--
(A) cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating
reversible, illness; or
(B) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.)
6. The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980. 42 U.S.C. § 9601, et
seq., as amended:
7 The Superfund Amendments and Reauthorization Act
of 1986, P.L,.. 99--499. as amended;
8. The Endangered Species Act of 1973. 16 U.S.C. §
1531, et seq. as amended,
9. The Asbestos .School Hazard Abatement Statute, 20 U.
S.C. § 4011, et seq.. .as amended;
10. The Brady Handgun Violence Prevention Act of 1993, P.L.
101-336. as amended,
11. The Commercial Motor Vehicle Safety Act of l986 49 U.S.C. §
2501, et seq., as amended:
12. The Family and Medical Leave Act of 1993, P.L. 103-3, as
amended;
13. The Emergency Planning and Community Right-to-
Know Act, P.L. 99-145 and 99-499. as amended;
14 The Federal, State, and Local Partnership for Education
Improvement Program, 20 U.S.C .§ 1751. et seq., as amended;
15. The National Voter Registration Act of 1993, P.L. 103-31,
as amended;
16. The Federal School Lunch Program and School Breakfast
Program, 42 U.S.C. § 1751 and 1773, P.L. 101-336, as
amended;
17 The Federal Social Services and Medicaid
Requirements, 42 U.S.C. § 1399 et seq . as amended;
18. The Federal Highway Safety Programs; and
19. The Intermodal Surface Transportation Efficiencv Act
of 1991. P.L. 102-240, as amended. Acts 2001, c. 844. eff. Oct.
1, 2001
A. In enacting this chapter, the General Assembly employs its
legislative authority to establish that the people of Virginia, acting
through their elected officials in Virginia government, have the
responsibility and authority to establish policy in and for Virginia
pertaining to federal programs mandated in federal statutes.
B. The intent of the General Assembly is to assure the primacy of
the Commonwealth s legal and political authority to implement in
and for Virginia the policy mandated by federal statutes and to
vigorously challenge and scrutinize the extent and scope of
authority asserted by federal executive branch agencies when
federal agency actions and interpretations are inconsistent with
Virginia policy and exceed the lawful authority of the federal
government or are not required by federal law.
C. In this connection the General Assembly finds and declares
that:
1. I he power to implement federal policies in and for Virginia is
central to the ability of the people of Virginia to govern themselves
under a federal system of government; and
2. Any implementation of federal policies in and for Virginia by
federal executive branch agencies that is contrary to fundamental
notions of federalism and self-determination must be identified
and countered.
D The General Assembly further finds and declares that:
1 There is an urgent need to modify federal mandates because
the implementation of these mandates by the Commonwealth
wastes the financial resources of local governments, the citizens
of Virginia and the Commonwealth and does not properly respect
the rights of the Commonwealth, local governments, and citizens.
2 The state government has an obligation to the public to do what
is necessary to protect the rights of Virginia citizens under federal
law while minimizing or eliminating any additional cost or
regulatory burden on any citizen of the Commonwealth.
3. The Tenth Amendment to the United States
Constitution directs that Powers that are not delegated to the
United States are reserved to the states or to the people.
Virginia, as one of the sovereign states within the Union, has
constitutional authority to enact laws protecting the environment
of the Commonwealth and safe-guarding the public health,
safety, and welfare of the citizens of Virginia. However, this
authority has too often been ignored by the federal government,
as the federal government has intruded more and more into
areas that must be left to the states. It is essential that the
dilution of the authority of state and local governments be halted
and that the provisions of the Tenth Amendment be accorded
proper respect.
4. Current federal regulatory mandates, as reflected in federal
administrative regulations, guidelines, and policies, often do not
reflect the realities of Virginia and federal regulators frequently do
not understand the needs and priorities of the citizens of Virginia.
5. The citizens of the Commonwealth can create and \vish to
create innovative solutions to Virginia's problems, but the current
manner in which legal challenges to state policies and federal
programmatic substitutions of state programs are handled does
not allow the Commonwealth the flexibility it needs. It is not
possible for the Commonwealth of Virginia to effectively and
efficiently implement the provisions of federal statutes unless
the burden to prove the insufficiency of the Commonwealth's
efforts to implement federal requirements is shifted to the person
or agency who asserts such insufficiency.
6. The provisions of this chapter will better balance the exercise
of the powers of the federal government and the powers reserved
to the states. In addition, the application of this chapter ultimately
will bring about greater protection for the Commonwealth and the
nation because it \\ill direct the Commonwealth to implement
federal statutes at the least possible cost, thereby freeing more
moneys for other needs.
7. The purpose of this chapter is to ensure that federal mandates
implemented in Virginia comply with state policy as established
by the General Assembly. Acts 2001, u. 844, cff. Oct. 1. 2001.
§ 2.2-617. Definitions
As used in this chapter, unless the context requires otherwise:
"Federal statute" means a federal statute that is in accord with
the United States Constitution imposing mandates on state or
local governments, which may include, but is not limited to, the
following:
Missing from this list of statutes is the Food Quality
Protection Act of 1996. . (PF#109)
Ignored is the fact that in 1987 - Congress defined sewage
sludge as a solid waste and prohibited the open dumping of all
sludges in RCRA and the reauthorization Acts: HSWA of 1984,
Safe Drinking Water Amendments of 1986 and the Superfund
Amendments of 1986. (PF #100)
1. The Safe Drinking Water Act. 42 U.S.C. § 300 f. et seq.. as
amended:
2. The Clean Air Act, 42 U.S.C. § 7401, et seq.. as amended:
3. The Federal Water Pollution Control Act. .33 U.S.C. § 1251 et
seq., as amended;
((13) The term ``toxic pollutant'' means those pollutants, or
combinations of pollutants, including disease-causing agents,
which after discharge and upon exposure, ingestion, inhalation
or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, will,
on the basis of information available to the Administrator,
cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunctions (including
malfunctions in reproduction) or physical deformations, in
such organisms or their offspring)
4. The Solid Waste Disposal Act, 42 U.S.C. § 3251, et seq.. as
amended: (HSWA)
5. The Resource Conservation and Recovery Act of 1976. 42 U.S.
C. § 6901. et seq. as amended: (RCRA)
((5) The term ``hazardous waste'' means a solid waste, or
combination of solid wastes, which because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may--
(A) cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating
reversible, illness; or
(B) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.)
6. The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980. 42 U.S.C. § 9601, et
seq., as amended:
7 The Superfund Amendments and Reauthorization Act
of 1986, P.L,.. 99--499. as amended;
8. The Endangered Species Act of 1973. 16 U.S.C. §
1531, et seq. as amended,
9. The Asbestos .School Hazard Abatement Statute, 20 U.
S.C. § 4011, et seq.. .as amended;
10. The Brady Handgun Violence Prevention Act of 1993, P.L.
101-336. as amended,
11. The Commercial Motor Vehicle Safety Act of l986 49 U.S.C. §
2501, et seq., as amended:
12. The Family and Medical Leave Act of 1993, P.L. 103-3, as
amended;
13. The Emergency Planning and Community Right-to-
Know Act, P.L. 99-145 and 99-499. as amended;
14 The Federal, State, and Local Partnership for Education
Improvement Program, 20 U.S.C .§ 1751. et seq., as amended;
15. The National Voter Registration Act of 1993, P.L. 103-31,
as amended;
16. The Federal School Lunch Program and School Breakfast
Program, 42 U.S.C. § 1751 and 1773, P.L. 101-336, as
amended;
17 The Federal Social Services and Medicaid
Requirements, 42 U.S.C. § 1399 et seq . as amended;
18. The Federal Highway Safety Programs; and
19. The Intermodal Surface Transportation Efficiencv Act
of 1991. P.L. 102-240, as amended. Acts 2001, c. 844. eff. Oct.
1, 2001