+--------------+---+-------------+------+---------------------------------+
| **Virginia** |   |             |      |                                 |
|              |   |             |      |                                 |
| *            |   |             |      |                                 |
| *Legislation |   |             |      |                                 |
| Checklist**  |   |             |      |                                 |
|              |   |             |      |                                 |
| **Titles of  |   |             |      |                                 |
| Commonwealth |   |             |      |                                 |
| Legislation: |   |             |      |                                 |
| Virginia     |   |             |      |                                 |
| Waste        |   |             |      |                                 |
| Management   |   |             |      |                                 |
| Act, Code Of |   |             |      |                                 |
| Virginia     |   |             |      |                                 |
| (Va. Code),  |   |             |      |                                 |
| Title 10.1,  |   |             |      |                                 |
| Chapter 14,  |   |             |      |                                 |
| \'\'         |   |             |      |                                 |
| 10.1-1400    |   |             |      |                                 |
| through 1457 |   |             |      |                                 |
| (2007).**    |   |             |      |                                 |
|              |   |             |      |                                 |
| > **Virginia |   |             |      |                                 |
| > Freedom of |   |             |      |                                 |
| >            |   |             |      |                                 |
|  Information |   |             |      |                                 |
| > Act, Va.   |   |             |      |                                 |
| > Code Title |   |             |      |                                 |
| > 2.1,       |   |             |      |                                 |
| > Chapter    |   |             |      |                                 |
| > 21, \'\'   |   |             |      |                                 |
| > 2.1-340    |   |             |      |                                 |
| > through    |   |             |      |                                 |
| > 346.1      |   |             |      |                                 |
| > (2007).**  |   |             |      |                                 |
| >            |   |             |      |                                 |
| > **Virginia |   |             |      |                                 |
| > Hazardous  |   |             |      |                                 |
| > Waste      |   |             |      |                                 |
| > Management |   |             |      |                                 |
| >            |   |             |      |                                 |
| Regulations, |   |             |      |                                 |
| > 9 Virginia |   |             |      |                                 |
| > Ad         |   |             |      |                                 |
| ministrative |   |             |      |                                 |
| > Cod (VAC)  |   |             |      |                                 |
| > 20-60      |   |             |      |                                 |
| > (2007)**   |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **Statutory  | * |             | **Co | **Comment**                     |
| Element**    | * |             | vera |                                 |
|              | C |             | ge** |                                 |
|              | o |             |      |                                 |
|              | m |             | **Y  |                                 |
|              | m |             | es/N |                                 |
|              | o |             | o?** |                                 |
|              | n |             |      |                                 |
|              | w |             |      |                                 |
|              | e |             |      |                                 |
|              | a |             |      |                                 |
|              | l |             |      |                                 |
|              | t |             |      |                                 |
|              | h |             |      |                                 |
|              | C |             |      |                                 |
|              | i |             |      |                                 |
|              | t |             |      |                                 |
|              | e |             |      |                                 |
|              | * |             |      |                                 |
|              | * |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **D          |   |             |      |                                 |
| EFINITIONS** |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **The        |   |             |      |                                 |
| Commonwealth |   |             |      |                                 |
| needs the    |   |             |      |                                 |
| authority to |   |             |      |                                 |
| define the   |   |             |      |                                 |
| following    |   |             |      |                                 |
| terms in a   |   |             |      |                                 |
| manner at    |   |             |      |                                 |
| least as     |   |             |      |                                 |
| stringent as |   |             |      |                                 |
| the Federal  |   |             |      |                                 |
| program. If  |   |             |      |                                 |
| definitions  |   |             |      |                                 |
| of these     |   |             |      |                                 |
| terms appear |   |             |      |                                 |
| in           |   |             |      |                                 |
| Commonwealth |   |             |      |                                 |
| statutes,    |   |             |      |                                 |
| they must be |   |             |      |                                 |
| at least as  |   |             |      |                                 |
| stringent as |   |             |      |                                 |
| the          |   |             |      |                                 |
| analogous    |   |             |      |                                 |
| Federal      |   |             |      |                                 |
| Statutory or |   |             |      |                                 |
| regulatory   |   |             |      |                                 |
| d            |   |             |      |                                 |
| efinition.** |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Disposal     | 1 |             | Yes  | Virginia only defines           |
|              | 0 |             |      | Adisposal@ in the context of    |
|              | . |             |      | Asolid waste@ while the Federal |
|              | 1 |             |      | definition also addresses       |
|              | - |             |      | Ahazardous waste@. This is of   |
|              | 1 |             |      | no consequence because          |
|              | 4 |             |      | Ahazardous waste@ is a subset   |
|              | 0 |             |      | of Asolid waste@. Va. Code      |
|              | 0 |             |      | \'10.1-1400 (definition of      |
|              | A |             |      | AHazardous waste@).             |
|              | D |             |      |                                 |
|              | i |             |      |                                 |
|              | s |             |      |                                 |
|              | p |             |      |                                 |
|              | o |             |      |                                 |
|              | s |             |      |                                 |
|              | a |             |      |                                 |
|              | l |             |      |                                 |
|              | " |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Generator    | 1 |             | Yes  | The Commonwealth=s statutes,    |
|              | 0 |             |      | like the Federal, do not        |
|              | . |             |      | contain a definition for this   |
|              | 1 |             |      | term; however, in \'            |
|              | - |             |      | 10.1-1402(1), the Virginia      |
|              | 1 |             |      | Waste Management Board (Board)  |
|              | 4 |             |      | is given authority to supervise |
|              | 0 |             |      | and control waste management    |
|              | 2 |             |      | activities. In addition, the    |
|              | ( |             |      | Board has authority under \'    |
|              | 1 |             |      | 10.1-1402(11) to promulgate and |
|              | ) |             |      | enforce regulations to carry    |
|              | & |             |      | out its powers and duties and   |
|              | ( |             |      | the intent of the Virginia      |
|              | 1 |             |      | Waste Management Act (VWMA) and |
|              | 1 |             |      | the Federal acts. The Virginia  |
|              | ) |             |      | Hazardous Waste Management      |
|              |   |             |      | Regulations, 9 VAC‑20‑60,       |
|              | 9 |             |      | (VHWMR) incorporates the        |
|              | V |             |      | Federal definition of a         |
|              | A |             |      | generator at 9 VAC 20-60-260.A. |
|              | C |             |      |                                 |
|              | 2 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | - |             |      |                                 |
|              | 6 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | - |             |      |                                 |
|              | 2 |             |      |                                 |
|              | 6 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | . |             |      |                                 |
|              | A |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Hazardous    | 1 |             | Yes  | Virginia=s definition is        |
| waste        | 0 |             |      | identical to the Federal        |
|              | . |             |      | definition.                     |
|              | 1 |             |      |                                 |
|              | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | A |             |      |                                 |
|              | H |             |      |                                 |
|              | a |             |      |                                 |
|              | z |             |      |                                 |
|              | a |             |      |                                 |
|              | r |             |      |                                 |
|              | d |             |      |                                 |
|              | o |             |      |                                 |
|              | u |             |      |                                 |
|              | s |             |      |                                 |
|              | w |             |      |                                 |
|              | a |             |      |                                 |
|              | s |             |      |                                 |
|              | t |             |      |                                 |
|              | e |             |      |                                 |
|              | @ |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Manifest     | 1 |             | Yes  | Virginia=s definition is        |
|              | 0 |             |      | equivalent to the Federal       |
|              | . |             |      | definition found at 40 CFR      |
|              | 1 |             |      | 260.10.                         |
|              | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | A |             |      |                                 |
|              | M |             |      |                                 |
|              | a |             |      |                                 |
|              | n |             |      |                                 |
|              | i |             |      |                                 |
|              | f |             |      |                                 |
|              | e |             |      |                                 |
|              | s |             |      |                                 |
|              | t |             |      |                                 |
|              | @ |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Person       | 1 |             | Yes  | The definition of \"person\" in |
|              | 0 |             |      | Va. Code \' 10.1-1400 does not  |
|              | . |             |      | specifically list the following |
|              | 1 |             |      | institutions that are listed in |
|              | - |             |      | the Federal definition: trust,  |
|              | 1 |             |      | firm, joint stock company,      |
|              | 4 |             |      | State, municipality,            |
|              | 0 |             |      | commission, political           |
|              | 0 |             |      | subdivision of a State, or an   |
|              | A |             |      | interstate body. However, the   |
|              | P |             |      | Commonwealth does refer to any  |
|              | e |             |      | Agovernmental body@ and Aany    |
|              | r |             |      | other legal entity@. These      |
|              | s |             |      | broad terms cover those         |
|              | o |             |      | entities that are not           |
|              | n |             |      | specifically addressed by the   |
|              | @ |             |      | definition.                     |
+--------------+---+-------------+------+---------------------------------+
| Storage      | 1 |             | Yes  | The Commonwealth=s statutes,    |
|              | 0 |             |      | unlike the Federal statutes, do |
|              | . |             |      | not contain a definition for    |
|              | 1 |             |      | this term; however, in \'       |
|              | - |             |      | 10.1-1402(1), the Virginia      |
|              | 1 |             |      | Waste Management Board is given |
|              | 4 |             |      | authority to supervise and      |
|              | 0 |             |      | control waste management        |
|              | 2 |             |      | activities. In addition, the    |
|              | ( |             |      | Board has authority under \'    |
|              | 1 |             |      | 10.1-1402(11) to promulgate     |
|              | ) |             |      | regulations to carry out its    |
|              | & |             |      | powers and duties and the       |
|              | ( |             |      | intent of Chapter 14 and the    |
|              | 1 |             |      | Federal acts. The VHWMR contain |
|              | 1 |             |      | the definition of storage.      |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Transport    | 1 |             | Yes  | Virginia=s statutory definition |
|              | 0 |             |      | is consistent with and broader  |
|              | . |             |      | in scope than the Federal       |
|              | 1 |             |      | definition for Atransportation@ |
|              | - |             |      | found in 40 CFR Part 260.10. In |
|              | 1 |             |      | 9 VAC 20-60-260, Virginia       |
|              | 4 |             |      | incorporates by reference the   |
|              | 0 |             |      | Federal regulatory definition.  |
|              | 0 |             |      |                                 |
|              | A |             |      |                                 |
|              | T |             |      |                                 |
|              | r |             |      |                                 |
|              | a |             |      |                                 |
|              | n |             |      |                                 |
|              | s |             |      |                                 |
|              | p |             |      |                                 |
|              | o |             |      |                                 |
|              | r |             |      |                                 |
|              | t |             |      |                                 |
|              | @ |             |      |                                 |
|              | o |             |      |                                 |
|              | r |             |      |                                 |
|              | A |             |      |                                 |
|              | t |             |      |                                 |
|              | r |             |      |                                 |
|              | a |             |      |                                 |
|              | n |             |      |                                 |
|              | s |             |      |                                 |
|              | p |             |      |                                 |
|              | o |             |      |                                 |
|              | r |             |      |                                 |
|              | t |             |      |                                 |
|              | a |             |      |                                 |
|              | t |             |      |                                 |
|              | i |             |      |                                 |
|              | o |             |      |                                 |
|              | n |             |      |                                 |
|              | @ |             |      |                                 |
|              |   |             |      |                                 |
|              | 9 |             |      |                                 |
|              | V |             |      |                                 |
|              | A |             |      |                                 |
|              | C |             |      |                                 |
|              | 2 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | - |             |      |                                 |
|              | 6 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | - |             |      |                                 |
|              | 2 |             |      |                                 |
|              | 6 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | A |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Treatment    | 1 |             | Yes  | Virginia=s definition of        |
|              | 0 |             |      | treatment specifically includes |
|              | . |             |      | Aincineration@ as a form of     |
|              | 1 |             |      | treatment. This is equivalent   |
|              | - |             |      | since incineration does fall    |
|              | 1 |             |      | under the Federal definition.   |
|              | 4 |             |      | There are no significant        |
|              | 0 |             |      | differences between the Federal |
|              | 0 |             |      | and Commonwealth definitions.   |
|              | A |             |      |                                 |
|              | T |             |      |                                 |
|              | r |             |      |                                 |
|              | e |             |      |                                 |
|              | a |             |      |                                 |
|              | t |             |      |                                 |
|              | m |             |      |                                 |
|              | e |             |      |                                 |
|              | n |             |      |                                 |
|              | t |             |      |                                 |
|              | @ |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Treatment,   | 1 |             | Yes  | The Commonwealth=s statutes,    |
| Storage or   | 0 |             |      | like the Federal, do not        |
| Disposal     | . |             |      | contain a definition for this   |
| (            | 1 |             |      | term; however, in \'            |
| TSD)facility | - |             |      | 10.1-1402(1), the Virginia      |
|              | 1 |             |      | Waste Management Board is given |
|              | 4 |             |      | authority to supervise and      |
|              | 0 |             |      | control waste management        |
|              | 2 |             |      | activities. In addition, the    |
|              | ( |             |      | Board has authority under \'    |
|              | 1 |             |      | 10.1-1402(11) to promulgate     |
|              | ) |             |      | regulations to carry out its    |
|              | & |             |      | powers and duties and the       |
|              | ( |             |      | intent of the VWMA and the      |
|              | 1 |             |      | Federal acts.                   |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Waste        | 1 |             | Yes  | Virginia=s definition is        |
| (solid)      | 0 |             |      | equivalent.                     |
|              | . |             |      |                                 |
|              | 1 |             |      |                                 |
|              | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | A |             |      |                                 |
|              | S |             |      |                                 |
|              | o |             |      |                                 |
|              | l |             |      |                                 |
|              | i |             |      |                                 |
|              | d |             |      |                                 |
|              | w |             |      |                                 |
|              | a |             |      |                                 |
|              | s |             |      |                                 |
|              | t |             |      |                                 |
|              | e |             |      |                                 |
|              | @ |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **HAZARDOUS  |   |             |      |                                 |
| WASTE        |   |             |      |                                 |
| ID           |   |             |      |                                 |
| ENTIFICATION |   |             |      |                                 |
| AND LISTING  |   |             |      |                                 |
| \[See 40 CFR |   |             |      |                                 |
| \'271.9\]**  |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **Authority  | 1 |             | Yes  | Section 10.1-1402(8) gives the  |
| for:**       | 0 |             |      | Board the authority to          |
|              | . |             |      | designate, in accordance with   |
|              | 1 |             |      | criteria and listings           |
|              | - |             |      | identified under Federal        |
|              | 1 |             |      | statute or regulation, classes, |
|              | 4 |             |      | types or lists of waste which   |
|              | 0 |             |      | it deems to be hazardous. In    |
|              | 2 |             |      | addition, the Board has         |
|              | ( |             |      | authority under \'              |
|              | 8 |             |      | 10.1-1402(11) to promulgate     |
|              | ) |             |      | regulations to carry out its    |
|              | & |             |      | powers and duties and the       |
|              | ( |             |      | intent of the VWMA and the      |
|              | 1 |             |      | Federal acts.                   |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| HW           |   |             |      |                                 |
| cha          |   |             |      |                                 |
| racteristics |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| HW list      | 1 |             | Yes  | Section 10.1-1402(8) gives the  |
|              | 0 |             |      | Board the authority to          |
|              | . |             |      | designate, in accordance with   |
|              | 1 |             |      | criteria and listings           |
|              | - |             |      | identified under Federal        |
|              | 1 |             |      | statute or regulation, classes, |
|              | 4 |             |      | types or lists of waste which   |
|              | 0 |             |      | it deems to be hazardous. In    |
|              | 2 |             |      | addition, the Board has         |
|              | ( |             |      | authority under \'              |
|              | 8 |             |      | 10.1-1402(11) to promulgate     |
|              | ) |             |      | regulations to carry out its    |
|              | & |             |      | powers and duties and the       |
|              | ( |             |      | intent of the VWMA and the      |
|              | 1 |             |      | Federal acts.                   |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **STANDARDS  |   |             |      |                                 |
| FOR          |   |             |      |                                 |
| GENERATORS   |   |             |      |                                 |
| \[See 40 CFR |   |             |      |                                 |
| \'271.10\]** |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **The        |   |             |      |                                 |
| Commonwealth |   |             |      |                                 |
| needs the    |   |             |      |                                 |
| authority to |   |             |      |                                 |
| regulate all |   |             |      |                                 |
| generators   |   |             |      |                                 |
| EPA          |   |             |      |                                 |
| regulates    |   |             |      |                                 |
| under 40 CFR |   |             |      |                                 |
| Part 262.**  |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **Authority  |   |             |      |                                 |
| to           |   |             |      |                                 |
| promulgate   |   |             |      |                                 |
| regulations  |   |             |      |                                 |
| on:**        |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| I.D. numbers |   | 1           | Yes  | Section 10.1-1402(7) gives the  |
|              |   | 0.1-1402(7) |      | Board the authority to require  |
|              |   | & (11)      |      | any person who generates        |
|              |   |             |      | hazardous waste to maintain     |
|              |   | 1           |      | records, manifests, and         |
|              |   | 0.1-1426(B) |      | reporting systems required      |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts. Also, \'          |
|              |   |             |      | 10.1-1426(B) requires           |
|              |   |             |      | generators to report to the     |
|              |   |             |      | Director by such date as the    |
|              |   |             |      | Board specifies by regulation   |
|              |   |             |      | the following information: (1)  |
|              |   |             |      | the name and address of the     |
|              |   |             |      | generator, (2) the name and     |
|              |   |             |      | nature of the hazardous waste,  |
|              |   |             |      | and (3) the fact that the waste |
|              |   |             |      | is being generated.             |
+--------------+---+-------------+------+---------------------------------+
| Requiring    |   | 1           | Yes  | The Commonwealth\'s authority   |
| generator to |   | 0.1-1402(1) |      | at \'\' 10.1-1402(1) & (11)     |
| determine    |   | & (11)      |      | provides the necessary          |
| whether      |   |             |      | coverage.                       |
| waste is     |   |             |      |                                 |
| hazardous    |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| R            |   | 1           | Yes  | Section 10.1-1402(7) requires   |
| ecordkeeping |   | 0.1-1402(7) |      | any person who generates        |
| practices    |   | & (11)      |      | hazardous waste to maintain     |
|              |   |             |      | records, manifests, and records |
|              |   |             |      | systems required pursuant to    |
|              |   |             |      | Federal statute or regulation.  |
|              |   |             |      | In addition, \' 10.1-1402(11)   |
|              |   |             |      | provides the Board with the     |
|              |   |             |      | authority to promulgate         |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| Packaging,   |   | 1           | Yes  | In addition to the broad        |
| labeling,    |   | 0.1-1402(1) |      | authorities under \'            |
| marking and  |   | & (11)      |      | 10.1-1402(1) & (11), \'         |
| placarding   |   |             |      | 10.1-1450 gives the Board the   |
| practices    |   | 10.1-1450   |      | authority to promulgate         |
|              |   |             |      | regulations designating the     |
|              |   |             |      | manner and method by which      |
|              |   |             |      | hazardous materials shall be    |
|              |   |             |      | packed, identified, marked, and |
|              |   |             |      | placarded.                      |
+--------------+---+-------------+------+---------------------------------+
| Use of       |   | 1           | Yes  | In addition to the broad        |
| appropriate  |   | 0.1-1402(1) |      | authorities under \'            |
| containers   |   | & (11)      |      | 10.1-1402(1) & (11), \'         |
|              |   |             |      | 10.1-1450 gives the Board the   |
|              |   | 10.1-1450   |      | authority to promulgate         |
|              |   |             |      | regulations designating the     |
|              |   |             |      | manner and method by which      |
|              |   |             |      | hazardous materials shall be    |
|              |   |             |      | packed, identified, marked, and |
|              |   |             |      | placarded.                      |
+--------------+---+-------------+------+---------------------------------+
| Furnishing   |   | 10          | Yes  | Section 10.1-1402(6) gives the  |
| information  |   | .1-1402(6), |      | Board the authority to collect  |
|              |   | (7) & (11)  |      | data necessary to conduct the   |
|              |   |             |      | Commonwealth waste programs,    |
|              |   |             |      | and \' 10.1-1402(7) requires    |
|              |   |             |      | any person who generates        |
|              |   |             |      | hazardous waste to maintain     |
|              |   |             |      | records, manifests, and         |
|              |   |             |      | reporting systems required      |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, \'     |
|              |   |             |      | 10.1-1402(11) provides the      |
|              |   |             |      | Board with the authority to     |
|              |   |             |      | promulgate regulations to carry |
|              |   |             |      | out its powers and duties and   |
|              |   |             |      | the intent of the VWMA and the  |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| Use of       |   | 1           | Yes  | Section 10.1-1402(7) requires   |
| manifest     |   | 0.1-1402(7) |      | any person who generates        |
| consistent   |   | & (11)      |      | hazardous waste to maintain     |
| with DOT and |   |             |      | manifest systems required       |
| EPA          |   | 10.1-1450   |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, \'     |
|              |   |             |      | 10.1-1402(11) provides the      |
|              |   |             |      | Board with the authority to     |
|              |   |             |      | promulgate regulations to carry |
|              |   |             |      | out its powers and duties and   |
|              |   |             |      | the intent of the VWMA and the  |
|              |   |             |      | Federal acts. Also, \'          |
|              |   |             |      | 10.1-1450 requires that the     |
|              |   |             |      | Board promulgate regulations    |
|              |   |             |      | designating the manner and      |
|              |   |             |      | method by which hazardous       |
|              |   |             |      | materials shall be transported. |
+--------------+---+-------------+------+---------------------------------+
| I            |   | 10          | Yes  | In addition to the broad        |
| nternational |   | .1-1402(1), |      | authorities at                  |
| shipments    |   | (7) & (11)  |      | \'\'10.1-1402(1)&(11), under \' |
|              |   |             |      | 10.1-1402(7), the Board has the |
|              |   |             |      | authority to require any person |
|              |   |             |      | who generates hazardous waste   |
|              |   |             |      | to maintain records, manifests, |
|              |   |             |      | and reporting systems required  |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation.                     |
+--------------+---+-------------+------+---------------------------------+
| Designation  |   | 10          | Yes  | In addition to the broad        |
| of and       |   | .1-1402(1), |      | authorities at                  |
| delivery to  |   | (7) & (11)  |      | \'\'10.1-1402(1)&(11), under \' |
| permitted    |   |             |      | 10.1-1402(7), the Board has the |
| facilities   |   |             |      | authority to require any person |
|              |   |             |      | who generates hazardous waste   |
|              |   |             |      | to maintain records, manifests, |
|              |   |             |      | and reporting systems required  |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation.                     |
+--------------+---+-------------+------+---------------------------------+
| I            |   | 10          | Yes  | In addition to the broad        |
| nvestigation |   | .1-1402(1), |      | authorities at                  |
| of           |   | (7) & (11)  |      | \'\'10.1-1402(1)&(11), under \' |
| unreturned   |   |             |      | 10.1-1402(7), the Board has the |
| shipments    |   |             |      | authority to require any person |
|              |   |             |      | who generates hazardous waste   |
|              |   |             |      | to maintain records, manifests, |
|              |   |             |      | and reporting systems required  |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation.                     |
+--------------+---+-------------+------+---------------------------------+
| Submission   |   | 1           | Yes  | Section 10.1-1402(7) requires   |
| of reports   |   | 0.1-1402(7) |      | any person who generates        |
|              |   | & (11)      |      | hazardous waste to maintain     |
|              |   |             |      | records, manifests, and         |
|              |   |             |      | reporting systems required      |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, \'     |
|              |   |             |      | 10.1-1402(11) provides the      |
|              |   |             |      | Board with the authority to     |
|              |   |             |      | promulgate regulations to carry |
|              |   |             |      | out its powers and duties and   |
|              |   |             |      | the intent of the VWMA and the  |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| **STANDARDS  |   |             |      |                                 |
| FOR          |   |             |      |                                 |
| TRANSPORTERS |   |             |      |                                 |
| \[See 40 CFR |   |             |      |                                 |
| \'271.11\]** |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **The        |   |             |      |                                 |
| Commonwealth |   |             |      |                                 |
| needs the    |   |             |      |                                 |
| authority to |   |             |      |                                 |
| regulate all |   |             |      |                                 |
| transporters |   |             |      |                                 |
| EPA          |   |             |      |                                 |
| regulates    |   |             |      |                                 |
| under 40 CFR |   |             |      |                                 |
| Part 263.**  |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **Authority  |   |             |      |                                 |
| to           |   |             |      |                                 |
| promulgate   |   |             |      |                                 |
| regulations  |   |             |      |                                 |
| on:**        |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| I.D. numbers |   | > 1         | Yes  | Section 10.1-1402(7) gives the  |
|              |   | 0.1-1402(7) |      | Board the authority to require  |
|              |   | > & (11)    |      | any person who transports       |
|              |   | >           |      | hazardous waste to maintain     |
|              |   | > 1         |      | records, manifests and          |
|              |   | 0.1-1426(B) |      | reporting systems required      |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts. Also, \'          |
|              |   |             |      | 10.1-1426(B) requires           |
|              |   |             |      | transporters to report to the   |
|              |   |             |      | Director by such date as the    |
|              |   |             |      | Board specifies by regulation   |
|              |   |             |      | the following information: (1)  |
|              |   |             |      | the name and address of the     |
|              |   |             |      | transporter, (2) the name and   |
|              |   |             |      | nature of the hazardous waste,  |
|              |   |             |      | and (3) the fact that the waste |
|              |   |             |      | is being transported.           |
+--------------+---+-------------+------+---------------------------------+
| R            |   | > 1         | Yes  | Section 10.1-1402(7) gives the  |
| ecordkeeping |   | 0.1-1402(7) |      | Board the authority to require  |
|              |   | > & (11)    |      | any person who transports       |
|              |   |             |      | hazardous waste to maintain     |
|              |   |             |      | records, manifests, and         |
|              |   |             |      | reporting systems required      |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| Labeling     |   | > 1         | Yes  | In addition to the broad        |
|              |   | 0.1-1402(1) |      | authorities under \'            |
|              |   | > & (11)    |      | 10.1-1402(1) & (11), \'         |
|              |   | >           |      | 10.1-1450 gives the Board the   |
|              |   | > 10.1-1450 |      | authority to promulgate         |
|              |   |             |      | regulations designating the     |
|              |   |             |      | manner and method by which      |
|              |   |             |      | hazardous materials shall be    |
|              |   |             |      | packed, identified, marked, and |
|              |   |             |      | placarded.                      |
+--------------+---+-------------+------+---------------------------------+
| Compliance   |   | > 1         | Yes  | Section 10.1-1402(7) gives the  |
| with         |   | 0.1-1402(7) |      | Board the authority to require  |
| manifest     |   | > & (11)    |      | any person who transports       |
| system       |   | >           |      | hazardous waste to maintain     |
|              |   | > 10.1-1450 |      | records, manifests, and         |
|              |   |             |      | reporting systems required      |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts. Also, \'          |
|              |   |             |      | 10.1-1450 requires that the     |
|              |   |             |      | Board promulgate regulations    |
|              |   |             |      | designating the manner and      |
|              |   |             |      | method by which hazardous       |
|              |   |             |      | materials shall be transported. |
+--------------+---+-------------+------+---------------------------------+
| Spill        |   | > 1         | Yes  | Section 10.1-1402(7) gives the  |
| notification |   | 0.1-1402(7) |      | Board the authority to require  |
|              |   | > & (11)    |      | any person who transports       |
|              |   |             |      | hazardous waste to maintain     |
|              |   |             |      | records, manifests and          |
|              |   |             |      | reporting systems required      |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| Spill        |   | > 10        | Yes  | Under \' 10.1-1402(1), the      |
| clean-up     |   | .1-1402(1), |      | Board has authority to          |
|              |   | > (11),     |      | supervise and control waste     |
|              |   | > (18) &    |      | management activities in the    |
|              |   | > (19)      |      | Commonwealth. In addition, \'   |
|              |   |             |      | 10.1-1402(11) provides the      |
|              |   |             |      | Board with the authority to     |
|              |   |             |      | promulgate regulations to carry |
|              |   |             |      | out its powers and duties and   |
|              |   |             |      | the intent of Chapter 14 and    |
|              |   |             |      | the Federal acts. Also, \'      |
|              |   |             |      | 10.1-1402(18) provides the      |
|              |   |             |      | authority for the Board to make |
|              |   |             |      | separate orders and regulations |
|              |   |             |      | it deems necessary to meet any  |
|              |   |             |      | emergency to protect public     |
|              |   |             |      | health, natural resources and   |
|              |   |             |      | the environment from the        |
|              |   |             |      | release of waste. Section       |
|              |   |             |      | 10.1-1402(19) authorizes the    |
|              |   |             |      | Board to take actions to        |
|              |   |             |      | contain or clean up sites or to |
|              |   |             |      | issue orders to require the     |
|              |   |             |      | clean up of sites where solid   |
|              |   |             |      | or hazardous waste or other     |
|              |   |             |      | substances within the           |
|              |   |             |      | jurisdiction of the Board have  |
|              |   |             |      | been improperly managed.        |
+--------------+---+-------------+------+---------------------------------+
| Tr           |   | > 1         | Yes  | The Commonwealth=s authority at |
| ansportation |   | 0.1-1402(1) |      | \' 10.1-1402(1) & (11) provides |
| to permitted |   | > & (11)    |      | the necessary coverage.         |
| facility     |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Consistency  |   | > 1         | Yes  | In addition to the broad        |
| with DOT     |   | 0.1-1402(1) |      | authorities under \'            |
| regulations  |   | > & (11)    |      | 10.1-1402(1) & (11), \'         |
|              |   | >           |      | 10.1-1450 gives the Board the   |
|              |   | > 10.1-1450 |      | authority to promulgate         |
|              |   |             |      | regulations designating the     |
|              |   |             |      | manner and method by which      |
|              |   |             |      | hazardous materials shall be    |
|              |   |             |      | packed, identified, marked, and |
|              |   |             |      | placarded.                      |
+--------------+---+-------------+------+---------------------------------+
| Authority to |   | > 1         | Bro  | Unlike the Federal statutes and |
| require      |   | 0.1-1426(A) | ader | regulations, under              |
| permits for  |   |             | in   | \'10.1-1426(A), the             |
| transporters |   |             | s    | Commonwealth requires that no   |
|              |   |             | cope | person shall transport          |
|              |   |             |      | hazardous waste without a       |
|              |   |             |      | permit from the Director. The   |
|              |   |             |      | Commonwealth=s requirement is   |
|              |   |             |      | broader in scope because the    |
|              |   |             |      | Federal program does not        |
|              |   |             |      | require transporters to have    |
|              |   |             |      | permits.                        |
+--------------+---+-------------+------+---------------------------------+
| **STANDARDS  |   |             |      |                                 |
| FOR HW       |   |             |      |                                 |
| STORAGE,     |   |             |      |                                 |
| TREATMENT,   |   |             |      |                                 |
| AND DISPOSAL |   |             |      |                                 |
| FACILITIES   |   |             |      |                                 |
| \[See 40 CFR |   |             |      |                                 |
| 271.12\]**   |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **The        |   |             |      |                                 |
| Commonwealth |   |             |      |                                 |
| needs the    |   |             |      |                                 |
| authority to |   |             |      |                                 |
| regulate all |   |             |      |                                 |
| of the       |   |             |      |                                 |
| owners and   |   |             |      |                                 |
| operators of |   |             |      |                                 |
| hazardous    |   |             |      |                                 |
| waste        |   |             |      |                                 |
| management   |   |             |      |                                 |
| facilities   |   |             |      |                                 |
| whom EPA     |   |             |      |                                 |
| regulates.** |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **Authority  |   |             |      |                                 |
| to           |   |             |      |                                 |
| promulgate   |   |             |      |                                 |
| regulations  |   |             |      |                                 |
| on:**        |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| I.D. numbers |   | 1           | Yes  | Section 10.1-1402(7) gives the  |
|              |   | 0.1-1402(7) |      | Board the authority to require  |
|              |   | & (11)      |      | any person who stores or        |
|              |   |             |      | provides treatment for or       |
|              |   | 1           |      | disposal of hazardous waste to  |
|              |   | 0.1-1426(B) |      | maintain records, manifests,    |
|              |   |             |      | and reporting systems required  |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts. Also, \'          |
|              |   |             |      | 10.1-1426(B) requires any       |
|              |   |             |      | person who stores or provides   |
|              |   |             |      | treatment for or disposal of    |
|              |   |             |      | hazardous waste to report to    |
|              |   |             |      | the Director by such date as    |
|              |   |             |      | the Board specifies by          |
|              |   |             |      | regulation the following        |
|              |   |             |      | information: (1) the name and   |
|              |   |             |      | address of the facility, (2)    |
|              |   |             |      | the name and nature of the      |
|              |   |             |      | hazardous waste, and (3) the    |
|              |   |             |      | fact that the waste is being    |
|              |   |             |      | stored, treated, or disposed.   |
+--------------+---+-------------+------+---------------------------------+
| R            |   | 1           | Yes  | Section 10.1-1402(7) gives the  |
| ecordkeeping |   | 0.1-1402(7) |      | Board the authority to require  |
|              |   | & (11)      |      | any person who stores or        |
|              |   |             |      | provides treatment for or       |
|              |   |             |      | disposal of hazardous waste to  |
|              |   |             |      | maintain records, manifests,    |
|              |   |             |      | and reporting systems required  |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| Reporting    |   | 1           | Yes  | Section 10.1-1402(7) gives the  |
|              |   | 0.1-1402(7) |      | Board the authority to require  |
|              |   | & (11)      |      | any person who stores or        |
|              |   |             |      | provides treatment for or       |
|              |   |             |      | disposal of hazardous waste to  |
|              |   |             |      | maintain records, manifests,    |
|              |   |             |      | and reporting systems required  |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| Monitoring   |   | 1           | Yes  | Under \' 10.1-1402(1), the      |
|              |   | 0.1-1402(1) |      | Board has authority to          |
|              |   | & (11)      |      | supervise and control waste     |
|              |   |             |      | management activities in the    |
|              |   |             |      | Commonwealth. In addition, the  |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| Inspecting   |   | 1           | Yes  | The Commonwealth=s authority at |
|              |   | 0.1-1402(1) |      | \'\' 10.1-1402(1) & (11)        |
|              |   | & (11)      |      | provides the necessary          |
|              |   |             |      | coverage.                       |
+--------------+---+-------------+------+---------------------------------+
| Compliance   |   | 1           | Yes  | Section 10.1-1402(7) gives the  |
| with         |   | 0.1-1402(7) |      | Board the authority to require  |
| manifest     |   | & (11)      |      | any person who stores or        |
| system       |   |             |      | provides treatment for or       |
|              |   |             |      | disposal of hazardous waste to  |
|              |   |             |      | maintain records, manifests,    |
|              |   |             |      | and reporting systems required  |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation. In addition, the    |
|              |   |             |      | Board has authority under \'    |
|              |   |             |      | 10.1-1402(11) to promulgate     |
|              |   |             |      | regulations to carry out its    |
|              |   |             |      | powers and duties and the       |
|              |   |             |      | intent of the VWMA and the      |
|              |   |             |      | Federal acts.                   |
+--------------+---+-------------+------+---------------------------------+
| Operating    |   | 1           | Yes  | The Commonwealth=s authority at |
| methods      |   | 0.1-1402(1) |      | \'\' 10.1-1402(1) & (11)        |
|              |   | & (11)      |      | provides the necessary          |
|              |   |             |      | coverage.                       |
+--------------+---+-------------+------+---------------------------------+
| Location,    |   | 1           | Yes  | The Commonwealth=s authority at |
| design,      |   | 0.1-1402(1) |      | \'\' 10.1-1402(1) & (11)        |
| construction |   | & (11)      |      | provides the necessary          |
|              |   |             |      | coverage.                       |
+--------------+---+-------------+------+---------------------------------+
| Contingency  |   | 10          | Yes  | In addition to its broad        |
| plans        |   | .1-1402(1), |      | authorities at \'\'             |
|              |   | (7) & (11)  |      | 10.1-1402(1) & (11),            |
|              |   |             |      | 10.1-1402(7) gives the Board    |
|              |   |             |      | the authority to require any    |
|              |   |             |      | person who stores or provides   |
|              |   |             |      | treatment for or disposal of    |
|              |   |             |      | hazardous waste to maintain     |
|              |   |             |      | records, manifests and          |
|              |   |             |      | reporting systems required      |
|              |   |             |      | pursuant to Federal statute or  |
|              |   |             |      | regulation.                     |
+--------------+---+-------------+------+---------------------------------+
| Training     |   | 1           | Yes  | The Commonwealth=s authority at |
|              |   | 0.1-1402(1) |      | \'\' 10.1-1402(1) & (11)        |
|              |   | & (11)      |      | provides the necessary          |
|              |   |             |      | coverage.                       |
+--------------+---+-------------+------+---------------------------------+
| Ownership    |   | 1           | Yes  | The Commonwealth=s authority at |
|              |   | 0.1-1402(1) |      | \'\' 10.1-1402(1) & (11)        |
|              |   | & (11)      |      | provides the necessary          |
|              |   |             |      | coverage.                       |
+--------------+---+-------------+------+---------------------------------+
| Closure and  |   | 1           | Yes  | The Commonwealth=s authority at |
| Post-        |   | 0.1-1402(1) |      | \'\' 10.1-1402(1) & (11)        |
| Closure      |   | & (11)      |      | provides the necessary          |
| activities   |   |             |      | coverage.                       |
+--------------+---+-------------+------+---------------------------------+
| Continuity   |   | 1           | Yes  | The Commonwealth=s authority at |
| of operation |   | 0.1-1402(1) |      | \'\' 10.1-1402(1) & (11)        |
|              |   | & (11)      |      | provides the necessary          |
|              |   |             |      | coverage.                       |
+--------------+---+-------------+------+---------------------------------+
| Financial    |   | 1           | Yes  | In addition to the broad        |
| re           |   | 0.1-1402(1) |      | authorities at \'\'             |
| sponsibility |   | & (11)      |      | 10.1-1402(1) & (11),            |
|              |   |             |      | \' 10.1-1428 provides the Board |
|              |   | 10.1-1428   |      | with authority to promulgate    |
|              |   |             |      | regulations which ensure that,  |
|              |   |             |      | if a TSD facility is closed or  |
|              |   |             |      | abandoned, the costs associated |
|              |   |             |      | with protecting the public      |
|              |   |             |      | health and safety may be        |
|              |   |             |      | recovered from the responsible  |
|              |   |             |      | person.                         |
+--------------+---+-------------+------+---------------------------------+
| General      |   | 1           | Yes  | Section 10.1-1426(C) specifies  |
| conditions   |   | 0.1-1402(1) |      | that any permit shall contain   |
| (see 40 CFR  |   | & (11)      |      | the conditions or requirements  |
| 270.30)      |   |             |      | required by the Board=s         |
|              |   | 1           |      | regulations and the Federal     |
|              |   | 0.1-1426(C) |      | acts. The Commonwealth=s        |
|              |   |             |      | authority at \'\' 10.1-1402(1)  |
|              |   |             |      | & (11) also provides the        |
|              |   |             |      | necessary coverage.             |
+--------------+---+-------------+------+---------------------------------+
| **PERMITS    |   |             |      |                                 |
| FOR HW       |   |             |      |                                 |
| STORAGE,     |   |             |      |                                 |
| TREATMENT    |   |             |      |                                 |
| AND DISPOSAL |   |             |      |                                 |
| FACILITIES   |   |             |      |                                 |
| \[See 40 CFR |   |             |      |                                 |
| \'271.15 and |   |             |      |                                 |
| 271.13\]**   |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Require      | 1 |             | Yes  | Section 10.1-1426(A) specifies  |
| permits for  | 0 |             |      | that no person shall store,     |
| owners and   | . |             |      | provide treatment for, or       |
| operators of | 1 |             |      | dispose of a hazardous waste    |
| all TSD      | - |             |      | without a permit from the       |
| facilities   | 1 |             |      | Director. Under \'              |
|              | 4 |             |      | 10.1-1402(1), the Board has     |
|              | 0 |             |      | authority to supervise and      |
|              | 2 |             |      | control waste management        |
|              | ( |             |      | activities in the Commonwealth. |
|              | 1 |             |      | In addition, the Board has      |
|              | ) |             |      | authority under \'              |
|              | & |             |      | 10.1-1402(11) to promulgate     |
|              | ( |             |      | regulations to carry out its    |
|              | 1 |             |      | powers and duties and the       |
|              | 1 |             |      | intent of the VWMA and the      |
|              | ) |             |      | Federal acts.                   |
|              |   |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | . |             |      |                                 |
|              | 1 |             |      |                                 |
|              | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 2 |             |      |                                 |
|              | 6 |             |      |                                 |
|              | ( |             |      |                                 |
|              | A |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Impose       | 1 |             | Yes  | Under \' 10.1-1402(1), the      |
| construction | 0 |             |      | Board has authority to          |
| ban          | . |             |      | supervise and control waste     |
|              | 1 |             |      | management activities in the    |
|              | - |             |      | Commonwealth. In addition, the  |
|              | 1 |             |      | Board has authority under \'    |
|              | 4 |             |      | 10.1-1402(11) to promulgate     |
|              | 0 |             |      | regulations to carry out its    |
|              | 2 |             |      | powers and duties and the       |
|              | ( |             |      | intent of the VWMA and the      |
|              | 1 |             |      | Federal acts.                   |
|              | ) |             |      |                                 |
|              | & |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Prohibit     | 1 |             | Yes  | The Board=s authorities at \'\' |
| operation of | 0 |             |      | 10.1-1426(A), 10.1-1402(1) &    |
| facilities   | . |             |      | (11) provide the necessary      |
| without      | 1 |             |      | coverage.                       |
| permits      | - |             |      |                                 |
| (State may   | 1 |             |      |                                 |
| have an      | 4 |             |      |                                 |
| analogue to  | 0 |             |      |                                 |
| interim      | 2 |             |      |                                 |
| status)      | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              | & |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              |   |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | . |             |      |                                 |
|              | 1 |             |      |                                 |
|              | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 2 |             |      |                                 |
|              | 6 |             |      |                                 |
|              | ( |             |      |                                 |
|              | A |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Require      | 1 |             | Yes  | The Board=s authorities at \'\' |
| permit       | 0 |             |      | 10.1-1426(A), 10.1-1402(1) &    |
| application  | . |             |      | (11) provide the necessary      |
| information  | 1 |             |      | coverage.                       |
|              | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | 2 |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              | & |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              |   |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | . |             |      |                                 |
|              | 1 |             |      |                                 |
|              | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 2 |             |      |                                 |
|              | 6 |             |      |                                 |
|              | ( |             |      |                                 |
|              | A |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Require      | 1 |             | Yes  | Section 10.1-1426(C) specifies  |
| permits to   | 0 |             |      | that any permit shall contain   |
| contain all  | . |             |      | the conditions or requirements  |
| technical    | 1 |             |      | required by the Board=s         |
| and          | - |             |      | regulations and the Federal     |
| ad           | 1 |             |      | acts. The Commonwealth=s        |
| ministrative | 4 |             |      | authority at \'\' 10.1‑1402(1)  |
| standards    | 0 |             |      | & (11) also provides the        |
|              | 2 |             |      | necessary coverage.             |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              | & |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              |   |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | . |             |      |                                 |
|              | 1 |             |      |                                 |
|              | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 2 |             |      |                                 |
|              | 6 |             |      |                                 |
|              | ( |             |      |                                 |
|              | C |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Provide for  | 1 |             | Yes  | Section 10.1-1427(A) specifies  |
| permit       | 0 |             |      | that any permit issued by the   |
| m            | . |             |      | Director pursuant to 10.1-1426  |
| odifications | 1 |             |      | may be revoked, amended or      |
| and          | - |             |      | suspended on any of the listed  |
| termination  | 1 |             |      | grounds or on such other        |
| (revocation) | 4 |             |      | grounds as may be provided by   |
|              | 0 |             |      | the regulations of the Board.   |
|              | 2 |             |      | Section 10.1-1427(B) also       |
|              | ( |             |      | provides the authority for the  |
|              | 1 |             |      | Director to amend or attach     |
|              | ) |             |      | conditions to a permit when (1) |
|              | & |             |      | significant change in the       |
|              | ( |             |      | manner and scope of facility    |
|              | 1 |             |      | operations; (2) possibility of  |
|              | 1 |             |      | pollution causing significant   |
|              | ) |             |      | adverse effects on the air,     |
|              |   |             |      | land, surface water or ground   |
|              | 1 |             |      | water; (3) the need for         |
|              | 0 |             |      | additional equipment,           |
|              | . |             |      | construction, procedures and    |
|              | 1 |             |      | testing to ensure the           |
|              | - |             |      | protection of the public health |
|              | 1 |             |      | and environment; or (4) changes |
|              | 4 |             |      | in applicable regulatory        |
|              | 2 |             |      | requirements. The               |
|              | 7 |             |      | Commonwealth=s authority at     |
|              |   |             |      | \'\' 10.1-1402(1) & (11) also   |
|              |   |             |      | provides the necessary          |
|              |   |             |      | coverage.                       |
+--------------+---+-------------+------+---------------------------------+
| Allow public | 1 |             | Yes  | Section 2.2-3704.A specifies    |
| disclosure   | 0 |             |      | that all official records shall |
| of name and  | . |             |      | be open to inspection and       |
| address of   | 1 |             |      | copying by any citizens of the  |
| permit       | - |             |      | Commonwealth and that access to |
| applicants   | 1 |             |      | such records shall not be       |
| and          | 4 |             |      | denied. Exemptions can only be  |
| permittees   | 0 |             |      | granted by law. Statutes do not |
|              | 2 |             |      | exempt permit applications for  |
|              | ( |             |      | waste management facilities.    |
|              | 1 |             |      | The Commonwealth=s authority at |
|              | ) |             |      | \'\' 10.1-1402(1) & (11) also   |
|              | & |             |      | provides the necessary          |
|              | ( |             |      | coverage.                       |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              |   |             |      |                                 |
|              | 2 |             |      |                                 |
|              | . |             |      |                                 |
|              | 2 |             |      |                                 |
|              | - |             |      |                                 |
|              | 3 |             |      |                                 |
|              | 7 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | . |             |      |                                 |
|              | A |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **PUBLIC     |   |             |      |                                 |
| PAR          |   |             |      |                                 |
| TICIPATION** |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **Authority  |   |             |      |                                 |
| to           |   |             |      |                                 |
| provide:**   |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Draft        | 1 |             | Yes  | The Virginia statutes do not    |
| permit, fact | 0 |             |      | specifically address public     |
| sheet, etc.  | . |             |      | participation in the permitting |
|              | 1 |             |      | process. However, under \'      |
|              | - |             |      | 10.1-1402(1), the Board has     |
|              | 1 |             |      | authority to supervise and      |
|              | 4 |             |      | control waste management        |
|              | 0 |             |      | activities in the Commonwealth. |
|              | 2 |             |      | In addition, the Board has      |
|              | ( |             |      | authority under \'              |
|              | 1 |             |      | 10.1-1402(11) to promulgate     |
|              | ) |             |      | regulations to carry out its    |
|              | & |             |      | powers and duties and the       |
|              | ( |             |      | intent of the VWMA and the      |
|              | 1 |             |      | Federal acts. Therefore,        |
|              | 1 |             |      | \'\'10.1-1402(1) & (11) provide |
|              | ) |             |      | authority to promulgate         |
|              |   |             |      | regulations for public          |
|              |   |             |      | participation procedures.       |
+--------------+---+-------------+------+---------------------------------+
| Notice of    | 1 |             | Yes  | The Commonwealth=s authority at |
| all draft    | 0 |             |      | \'\' 10.1-1402(1) & (11)        |
| permits by   | . |             |      | provides the necessary          |
| radio        | 1 |             |      | coverage.                       |
| broadcasts   | - |             |      |                                 |
| and notices  | 1 |             |      |                                 |
| in           | 4 |             |      |                                 |
| newspapers,  | 0 |             |      |                                 |
| etc.         | 2 |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              | & |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| 45-day       | 1 |             | Yes  | The Commonwealth=s authority at |
| public       | 0 |             |      | \'\' 10.1-1402(1) & (11)        |
| comment      | . |             |      | provides the necessary          |
| period on    | 1 |             |      | coverage.                       |
| all draft    | - |             |      |                                 |
| permits      | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | 2 |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              | & |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Informal     | 1 |             | Yes  | The Commonwealth=s authority at |
| hearing with | 0 |             |      | \'\' 10.1-1402(1) & (11)        |
| written      | . |             |      | provides the necessary          |
| notice of    | 1 |             |      | coverage.                       |
| opposition   | - |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | 2 |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              | & |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| C            | 1 |             | Yes  | The Commonwealth=s authority at |
| onsideration | 0 |             |      | \'\' 10.1-1402(1) & (11)        |
| of and       | . |             |      | provides the necessary          |
| response to  | 1 |             |      | coverage.                       |
| public       | - |             |      |                                 |
| comments     | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | 2 |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
|              | & |             |      |                                 |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **I          |   |             |      |                                 |
| NSPECTIONS** |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Right to     | 1 |             | Yes  | Section 10.1-1456 states that   |
| enter,       | 0 |             |      | upon presentation of            |
| inspect and  | . |             |      | appropriate credentials and     |
| obtain       | 1 |             |      | upon consent of the owner or    |
| samples (at  | - |             |      | custodian, the Director or his  |
| all          | 1 |             |      | designee shall have the right   |
| regulated    | 4 |             |      | to enter at any reasonable time |
| premises and | 5 |             |      | onto any property to inspect,   |
| where        | 6 |             |      | investigate, evaluate, conduct  |
| records are  |   |             |      | tests or take samples for       |
| kept)        | 1 |             |      | testing as he reasonably deems  |
|              | 9 |             |      | necessary in order to determine |
|              | . |             |      | whether the provisions of any   |
|              | 2 |             |      | law administered by the Board,  |
|              | - |             |      | Director, or Department, any    |
|              | 3 |             |      | regulations of the Board, any   |
|              | 9 |             |      | order of the Board or Director, |
|              | 3 |             |      | or any conditions in a permit,  |
|              | t |             |      | license or certificate issued   |
|              | h |             |      | by the Board or Director are    |
|              | r |             |      | being complied with. This       |
|              | o |             |      | authority includes the right to |
|              | u |             |      | enter where records are kept    |
|              | g |             |      | and to obtain copies of such    |
|              | h |             |      | records. If consent is refused, |
|              | - |             |      | officials may make application  |
|              | 3 |             |      | to a circuit court for the      |
|              | 9 |             |      | issuance of an inspection       |
|              | 7 |             |      | warrant pursuant to Code \'\'   |
|              |   |             |      | 19.2-393 through 19.2-397. The  |
|              |   |             |      | term Aproperty@ as used in the  |
|              |   |             |      | context of Code \' 10.1-1456    |
|              |   |             |      | and 19.2-393 includes realty    |
|              |   |             |      | and personal property such as   |
|              |   |             |      | vehicles and conveyances.       |
+--------------+---+-------------+------+---------------------------------+
| *            |   |             |      |                                 |
| *ENFORCEMENT |   |             |      |                                 |
| \[See 40 CFR |   |             |      |                                 |
| 271.16\]**   |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **Authority  |   |             |      |                                 |
| to:**        |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Immediately  | 1 |             | Yes  | The Board has been given the    |
| restrain     | 0 |             |      | authority to ATake actions to   |
| unauthorized | . |             |      | contain or clean up sites or to |
| activity     | 1 |             |      | issue orders to require cleanup |
|              | - |             |      | of sites where solid or         |
|              | 1 |             |      | hazardous waste, or other       |
|              | 4 |             |      | substances within the           |
|              | 0 |             |      | jurisdiction of the Board have  |
|              | 2 |             |      | been improperly managed - - -   |
|              | ( |             |      | .@ at \'10.1-1402(19) and to    |
|              | 1 |             |      | AMake separate orders and       |
|              | 8 |             |      | regulations it deems necessary  |
|              | ) |             |      | to meet any emergency to        |
|              | , |             |      | protect the public health,      |
|              | ( |             |      | natural resources and the       |
|              | 1 |             |      | environment from the release or |
|              | 9 |             |      | *imminent threat of release* of |
|              | ) |             |      | waste.@ at \'10.1-1402(18)      |
|              | & |             |      | (emphasis added). Also, the     |
|              | ( |             |      | Board has authority to abate    |
|              | 2 |             |      | hazards and nuisances           |
|              | 1 |             |      | *dangerous* to public health,   |
|              | ) |             |      | safety or the environment, both |
|              |   |             |      | emergency and otherwise,        |
|              | 1 |             |      | creased by the improper         |
|              | 0 |             |      | disposal, treatment, storage,   |
|              | . |             |      | transportation or management of |
|              | 1 |             |      | substances within the           |
|              | - |             |      | jurisdiction of the Board.@ at  |
|              | 1 |             |      | \'10.1-1402(21) (emphasis       |
|              | 4 |             |      | added). The Board has authority |
|              | 5 |             |      | to issue orders to require any  |
|              | 5 |             |      | person to comply with the       |
|              | ( |             |      | provisions of any law           |
|              | C |             |      | administered by the Board, the  |
|              | ) |             |      | Director, or the Department,    |
|              | , |             |      | any condition of a permit or    |
|              | ( |             |      | certification, or any           |
|              | D |             |      | regulations promulgated by the  |
|              | ) |             |      | Board or to comply with any     |
|              | & |             |      | case decision at \'10.1-1455C.  |
|              | ( |             |      | The Board also has separate     |
|              | G |             |      | authority to issue              |
|              | ) |             |      | administrative orders at        |
|              |   |             |      | \'10.1-1455G. This includes the |
|              |   |             |      | authority to issue special      |
|              |   |             |      | orders after informal           |
|              |   |             |      | administrative procedures,      |
|              |   |             |      | though the penalties in this    |
|              |   |             |      | type of proceeding are limited  |
|              |   |             |      | to \$32,500 per violation       |
|              |   |             |      | (maximum of \$100,000 per       |
|              |   |             |      | order). Finally, the            |
|              |   |             |      | Commonwealth has authority to   |
|              |   |             |      | seek injunction, mandamus or    |
|              |   |             |      | other appropriate remedy to     |
|              |   |             |      | compel a person to obey         |
|              |   |             |      | regulations, permits,           |
|              |   |             |      | certifications, orders, or      |
|              |   |             |      | provisions of the Waste         |
|              |   |             |      | Management Act at \'10.1-1455D. |
+--------------+---+-------------+------+---------------------------------+
| Sue to       | 1 |             | Yes  | The express authority to bring  |
| enjoin any   | 0 |             |      | suit for injunctive relief      |
| threatened   | . |             |      | where there are violations of   |
| or           | 1 |             |      | program requirements is         |
| continuing   | - |             |      | contained in \' 10.1-1455(D).   |
| program      | 1 |             |      | \' 10.1-1455(D) specifies that  |
| violation    | 4 |             |      | any person violating any        |
| without      | 5 |             |      | regulation, order, permit       |
| prior        | 5 |             |      | condition, or statute may be    |
| revocation   | ( |             |      | compelled to comply therewith   |
| of permit    | D |             |      | by injunction in a proceeding   |
|              | ) |             |      | instituted in an appropriate    |
|              |   |             |      | court by the Board or Director. |
|              |   |             |      | That section imposes no         |
|              |   |             |      | condition precedent upon the    |
|              |   |             |      | Director=s ability to seek      |
|              |   |             |      | injunctive relief. This         |
|              |   |             |      | authority extends to threatened |
|              |   |             |      | or continuing program           |
|              |   |             |      | violations.                     |
+--------------+---+-------------+------+---------------------------------+
| Obtain civil | 1 |             | Yes  | Under \' 10.1-1455(A), the      |
| penalties    | 0 |             |      | Board is authorized to obtain a |
| for any      | . |             |      | civil penalty of not more than  |
| violation    | 1 |             |      | \$32,500 for each day of any    |
| (maximum no  | - |             |      | violation of the statutes,      |
| less than    | 1 |             |      | regulations, permit conditions, |
| \$10K per    | 4 |             |      | or order.                       |
| day)         | 5 |             |      |                                 |
|              | 5 |             |      |                                 |
|              | ( |             |      |                                 |
|              | A |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Obtain       | 1 |             | Yes  | Under \' 10.1-1455(B), any      |
| criminal     | 0 |             |      | person who knowingly transports |
| penalties    | . |             |      | any hazardous waste to an       |
| for          | 1 |             |      | unpermitted facility, who       |
| specified    | - |             |      | knowingly transports, treats,   |
| maximum      | 1 |             |      | stores, or disposes of          |
| violations   | 4 |             |      | hazardous waste without a       |
| (no less     | 5 |             |      | permit or in violation of a     |
| than \$10K   | 5 |             |      | permit; or who knowingly makes  |
| per day and  | ( |             |      | false statement or              |
| imprisonment | B |             |      | representation in any           |
| with maximum | ) |             |      | application, disclosure         |
| no less than |   |             |      | statement, label, manifest,     |
| 6 months);   |   |             |      | record, report, permit, or      |
| burden of    |   |             |      | other document used for         |
| proof no     |   |             |      | compliance with the hazardous   |
| greater than |   |             |      | waste program shall be guilty   |
| under        |   |             |      | of a felony punishable by a     |
| Federal law  |   |             |      | term of imprisonment of not     |
|              |   |             |      | less than one year nor more     |
|              |   |             |      | than five years and a fine of   |
|              |   |             |      | not more than \$32,500 for each |
|              |   |             |      | violation, either or both. This |
|              |   |             |      | exceed the requirement of 40    |
|              |   |             |      | CFR 271.16(a)(3)(ii) that       |
|              |   |             |      | states to have the authority to |
|              |   |             |      | obtain criminal penalties for   |
|              |   |             |      | specific violations in the      |
|              |   |             |      | amount of at least \$10,000 per |
|              |   |             |      | day for each violation and      |
|              |   |             |      | imprisonment for at least six   |
|              |   |             |      | months. At \' 10.1-1400,        |
|              |   |             |      | Virginia has adopted the        |
|              |   |             |      | Federal definition for          |
|              |   |             |      | hazardous waste at RCRA         |
|              |   |             |      | \' 1004(5). The Commonwealth is |
|              |   |             |      | not seeking authorization for   |
|              |   |             |      | used oil requirements at this   |
|              |   |             |      | time. As required by 40 CFR     |
|              |   |             |      | 271.16(b)(2), the burden of     |
|              |   |             |      | proof and degree of knowledge   |
|              |   |             |      | or intent for establishing      |
|              |   |             |      | violations are not greater than |
|              |   |             |      | the burden of proof or degree   |
|              |   |             |      | of knowledge or intent required |
|              |   |             |      | by EPA.                         |
+--------------+---+-------------+------+---------------------------------+
| Allow        | 1 |             | Yes  | The Commonwealth=s statutes do  |
| intervention | 0 |             |      | not specifically provide for    |
|              | . |             |      | citizen intervention. However,  |
| > (See 40    | 1 |             |      | under \' 10.1-1402(11), the     |
| > CFR        | - |             |      | Board has the authority to      |
| > 271.16(d)) | 1 |             |      | promulgate and enforce          |
|              | 4 |             |      | regulations to carry out its    |
|              | 0 |             |      | powers and duties and the       |
|              | 2 |             |      | intent of the VWMA and the      |
|              | ( |             |      | Federal acts. Virginia does     |
|              | 1 |             |      | include in its regulations at 9 |
|              | 1 |             |      | VAC 20-60-70 F 2 that the       |
|              | ) |             |      | department will not oppose      |
|              |   |             |      | intervention by any citizen in  |
|              | 9 |             |      | a suit brought before a court   |
|              | V |             |      | by the department as a result   |
|              | A |             |      | of an enforcement action. The   |
|              | C |             |      | Commonwealth=s regulation       |
|              | 2 |             |      | incorporates in its language    |
|              | 0 |             |      | the state-specific intent of 40 |
|              | - |             |      | CFR 271.16(d)(2)(ii).           |
|              | 6 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | - |             |      |                                 |
|              | 7 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | F |             |      |                                 |
|              | 2 |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| **MIS        |   |             |      |                                 |
| CELLANEOUS** |   |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Authority to | 1 |             | Yes  | The Board may consult, advise   |
| share all    | 0 |             |      | and coordinate with Federal     |
| information  | . |             |      | agencies for the purpose of     |
| with EPA     | 1 |             |      | implementing the Waste          |
|              | - |             |      | Management Act and the Federal  |
|              | 1 |             |      | acts pursuant to \'             |
|              | 4 |             |      | 10.1-1402(2). Also,             |
|              | 0 |             |      | \' 10.1-1402(9) authorizes the  |
|              | 2 |             |      | Board to consult and coordinate |
|              | ( |             |      | with the heads of appropriate   |
|              | 2 |             |      | Federal agencies for the        |
|              | ) |             |      | purpose of achieving maximum    |
|              | & |             |      | effectiveness and enforcement   |
|              | ( |             |      | of the Waste Management Act.    |
|              | 9 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Variance and | 1 |             | Yes  | Section 10.1-1402(1) provides   |
| waiver       | 0 |             |      | the Board with the authority to |
| provisions   | . |             |      | supervise and control waste     |
|              | 1 |             |      | management activities in the    |
|              | - |             |      | Commonwealth. Under \'          |
|              | 1 |             |      | 10.1-1402(11), the Board has    |
|              | 4 |             |      | authority to promulgate         |
|              | 0 |             |      | regulations and provide for     |
|              | 2 |             |      | reasonable variances and        |
|              | ( |             |      | exemptions necessary to carry   |
|              | 1 |             |      | out its powers and duties and   |
|              | ) |             |      | the intent of Chapter 14 and    |
|              | & |             |      | the Federal acts.               |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Exemptions   | 1 |             | Yes  | Section 10.1-1402(1) provides   |
|              | 0 |             |      | the Board with the authority to |
|              | . |             |      | supervise and control waste     |
|              | 1 |             |      | management activities in the    |
|              | - |             |      | Commonwealth. Under \'          |
|              | 1 |             |      | 10.1-1402(11), the Board has    |
|              | 4 |             |      | authority to promulgate         |
|              | 0 |             |      | regulations and provide for     |
|              | 2 |             |      | reasonable variances and        |
|              | ( |             |      | exemptions necessary to carry   |
|              | 1 |             |      | out its powers and duties and   |
|              | ) |             |      | the intent of the VWMA and the  |
|              | & |             |      | Federal acts.                   |
|              | ( |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 1 |             |      |                                 |
|              | ) |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+
| Siting       | T |             | Yes  | The Commonwealth=s statutes     |
|              | i |             |      | contain siting requirements are |
|              | t |             |      | in \'\' 10.1-1433 through       |
|              | l |             |      | 10.1-1449.                      |
|              | e |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 0 |             |      |                                 |
|              | . |             |      |                                 |
|              | 1 |             |      |                                 |
|              | , |             |      |                                 |
|              | C |             |      |                                 |
|              | h |             |      |                                 |
|              | a |             |      |                                 |
|              | p |             |      |                                 |
|              | t |             |      |                                 |
|              | e |             |      |                                 |
|              | r |             |      |                                 |
|              | 1 |             |      |                                 |
|              | 4 |             |      |                                 |
|              | , |             |      |                                 |
|              | A |             |      |                                 |
|              | r |             |      |                                 |
|              | t |             |      |                                 |
|              | i |             |      |                                 |
|              | c |             |      |                                 |
|              | l |             |      |                                 |
|              | e |             |      |                                 |
|              | 6 |             |      |                                 |
+--------------+---+-------------+------+---------------------------------+