Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-35 - Applicability of chapter.

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  chapter applies to all persons who treat, store, dispose, or otherwise manage
				  solid wastes as defined in
				  9VAC20-81-95.
B. All facilities that were permitted prior
				  to March 15, 1993, and upon which solid waste has been disposed of prior to
				  October 9, 1993, may continue to receive solid waste until they have reached
				  their vertical design capacity or until the closure date established pursuant
				  to § 10.1-1413.2 of the Code of Virginia, in Table 2.1 provided:
1. The facility is in compliance with the
				  requirements for liners and leachate control in effect at the time of permit
				  issuance.
2. On or before October
				  9, 1993, the owner or operator of the solid waste management facility submitted
				  to the director:
a. An acknowledgment that the
				  owner or operator is familiar with state and federal law and regulations
				  pertaining to solid waste management facilities operating after October 9,
				  1993, including postclosure care, corrective action, and financial
				  responsibility requirements;
b. A
				  statement signed by a professional engineer that he has reviewed the
				  regulations established by the department for solid waste management
				  facilities, including the open dump criteria contained therein, that he has
				  inspected the facility and examined the monitoring data compiled for the
				  facility in accordance with applicable regulations and that, on the basis of
				  his inspection and review, he has concluded:
(1) That the facility is not an open
				  dump;
(2) That the facility does
				  not pose a substantial present or potential hazard to human health and the
				  environment; and
(3) That the
				  leachate or residues from the facility do not pose a threat of contamination or
				  pollution of the air, surface water, or groundwater in a manner constituting an
				  open dump or resulting in a substantial present or potential hazard to human
				  health or the environment; and
c. A statement signed by the owner or
				  operator:
(1) That the facility complies with
				  applicable financial assurance regulations; and
(2) Estimating when the facility will reach
				  its vertical design capacity.
3. Enlargement or closure of these facilities
				  shall conform with the following subconditions:
a. The facility may not be enlarged
				  prematurely to avoid compliance with this chapter when such enlargement is not
				  consistent with past operating practices, the permit, or modified operating
				  practices to ensure good management.
b. The facility shall not dispose of solid
				  waste in any portion of a landfill disposal area that has received final cover
				  or has not received waste for a period of one year, in accordance with
				  9VAC20-81-160 C. The facility shall
				  notify the department, in writing, within 30 days, when an area has received
				  final cover or has not received waste for a one-year period, in accordance with
				  9VAC20-81-160 C. However, a
				  facility may apply for a permit, and if approved, can construct and operate a
				  new cell that overlays ("piggybacks") over a closed area in accordance with the
				  permit requirements of this chapter.
c. The facilities subject to the restrictions
				  in this subsection are listed in Table 2.1. The closure dates were established
				  in Final Prioritization and Closure Schedule for HB 1205 Disposal Areas (DEQ,
				  September 2001). The publication of these tables is for the convenience of the
				  regulated community and does not change established dates. Any facility,
				  including, but not limited to those listed in Table 2.1, must cease operation
				  if that facility meets any of the open dump criteria listed in
				  9VAC20-81-45 A 1.
d. Those facilities assigned a closure date
				  in accordance with § 10.1-1413.2 of the Code of Virginia shall designate
				  on a map, plat, diagram, or other engineered drawing, areas in which waste will
				  be disposed of in accordance with Table 2.1 until the latest cessation of waste
				  acceptance date as listed in Table 2.1 is achieved. This map or plat shall be
				  placed in the operating record and a copy shall be submitted upon request to
				  the department in order to track the progress of closure of these facilities.
				  If the facility already has provided this information under
				  9VAC20-81-160, then the facility
				  may refer to that information.
TABLE 2.1
Final Prioritization and Closure Schedule For House Bill
					 (HB) 1205 Disposal Areas
Solid Waste Permit Number and Site Name
Location
Department Regional
								Office1
Latest Cessation of Waste Acceptance
								Date2
429 - Fluvanna County Sanitary Landfill
Fluvanna County
VRO
12/31/2007
92 - Halifax County Sanitary
								Landfill3
Halifax County
BRRO
12/31/2007
49 - Martinsville Landfill
City of Martinsville
BRRO
12/31/2007
14 - Mecklenburg County Landfill
Mecklenburg County
BRRO
12/31/2007
228 - Petersburg City
								Landfill3
City of Petersburg
PRO
12/31/2007
31 - South Boston Sanitary Landfill
Town of South Boston
BRRO
12/31/2007
204 - Waynesboro City Landfill
City of Waynesboro
VRO
12/31/2007
91 - Accomack County Landfill - Bobtown
								South
Accomack County
TRO
12/31/2012
580 - Bethel Landfill3
City of Hampton
TRO
12/31/2012
182 - Caroline County Landfill
Caroline County
NVRO
12/31/2012
149 - Fauquier County Landfill
Fauquier County
NVRO
12/31/2012
405 - Greensville County Landfill
Greensville County
PRO
12/31/2012
29 - Independent Hill
								Landfill3
Prince William County
NVRO
12/31/2012
1 - Loudoun County Sanitary Landfill
Loudoun County
NVRO
12/31/2012
194 - Louisa County Sanitary Landfill
Louisa County
NVRO
12/31/2012
227 - Lunenburg County Sanitary Landfill
Lunenburg County
BRRO
12/31/2012
507 - Northampton County Landfill
Northampton County
TRO
12/31/2012
90 - Orange County Landfill
Orange County
NVRO
12/31/2012
75 - Rockbridge County Sanitary Landfill
Rockbridge County
VRO
12/31/2012
23 - Scott County Landfill
Scott County
SWRO
12/31/2012
587 - Shoosmith Sanitary
								Landfill3
Chesterfield County
PRO
12/31/2012
417 - Southeastern Public Service Authority
								Landfill3
City of Suffolk
TRO
12/31/2012
461 - Accomack County Landfill #2
Accomack County
TRO
12/31/2020
86 - Appomattox County Sanitary Landfill
Appomattox County
BRRO
12/31/2020
582 - Botetourt County
								Landfill3
Botetourt County
BRRO
12/31/2020
498 - Bristol City Landfill
City of Bristol
SWRO
12/31/2020
72 - Franklin County Landfill
Franklin County
BRRO
12/31/2020
398 - Virginia Beach Landfill #2 - Mount Trashmore
								II3
City of Virginia Beach
TRO
12/31/2020
Notes:
1Department of Environmental
								Quality Regional Offices:
BRRO - Blue Ridge Regional Office
NVRO - Northern Virginia Regional Office
PRO - Piedmont Regional Office
SWRO - Southwest Regional Office
TRO - Tidewater Regional Office
VRO - Valley Regional Office
2This date means the
								latest date that the disposal area must cease accepting waste.
3A portion of these
								facilities operated under HB 1205 and another portion currently is compliant
								with Subtitle D requirements.