Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Virginia Waste Management Board
chapter
Litter Receptacle Regulations [9 VAC 20 ‑ 190]
 
Review 1135
 
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 1/23/2012
Review Announcement
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Department of Environmental Quality on behalf of the Virginia Waste Management Board, will conduct a periodic review of 9VAC20-190, Litter Receptacle Regulations.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) (http://www.governor.virginia.gov/Issues/ExecutiveOrders/2010/EO-14.cfm) and § 2.2-4007.1 of the Code of Virginia (http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+2.2-4007.1).

The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their current form. The Department and the Board are seeking public comments on the review of any issue relating to the regulations including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the Department and the Board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.

The purpose of these regulations is to establish reasonable guidelines for the placement and maintenance of litter receptacles. The regulations describe the responsibility of owners and operators of establishments and public places, throughout the Commonwealth, to place and maintain receptacles for receiving litter. The regulations also establish which places must be provided with litter receptacles, the standards for the receptacles, and the requirements for removal of the litter from the receptacles. Code of Virginia § 10.1-1419 requires that these regulations be promulgated and specifies certain requirements that are included as part of these regulations. These regulations are designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered.

The comment period begins February 13, 2012, and ends on March 5, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Gary E. Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, Virginia 23218 (deliveries can be made to 629 East Main Street, Richmond, Virginia 23219), phone 804-698-4103, fax 804-698-4510, or email gary.graham@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
Public Comment Period
Begin Date: 2/13/2012      End Date: 3/5/2012

Comments Received: 0

Review Result
Retain the regulation with no changes
pdf TH-07 Periodic Review Report of Findings   (4/2/2012)
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line