reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-250 - Multiple financial mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
An owner or operator may satisfy the requirements of this
						article by establishing more than one financial mechanism per facility, except
						that mechanisms guaranteeing performance, rather than payment, may not be
						combined with other mechanisms. The mechanisms shall be specified in
						9VAC20-70-150 through
						9VAC20-70-230, except that
						financial assurance for the amount at least equal to the current cost estimate
						for closure, post-closure care, or corrective action may be provided by a
						combination of mechanisms, rather than a single mechanism.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 5 - Release from Financial Assurance Requirements › Section 9VAC20-70-260 - Release of the owner or operator from the financial assurance requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Within 60 days after receiving certification from the
						owner or operator that closure, post-closure care or corrective action has been
						accomplished in accordance with the requirements of the permit or the order,
						the director shall verify whether proper closure, post-closure care, or
						corrective action has occurred. Unless the director has reason to believe that
						closure, post-closure care or corrective action has not been in accordance with
						the appropriate plan or other requirements, he shall notify the owner or
						operator in writing that he is no longer required to maintain financial
						assurance for the particular unit or facility. Such notice shall release the
						owner or operator only from the requirements for financial assurance for the
						unit or facility; it does not release him from legal responsibility for meeting
						the closure, post-closure care or corrective action standards. If no written
						notice of termination of financial assurance requirements or failure to
						properly perform closure, post-closure care or corrective action is received by
						the owner or operator within 60 days after certifying proper closure,
						post-closure care or corrective action, the owner or operator may submit a
						written request to the director for an immediate decision in which case the
						director shall respond within 10 days after receipt of such
						request.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 6 - Incapacity of Owners, Operators or Financial Institution › Section 9VAC20-70-270 - Incapacity of owners, operators or financial institution

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or operator shall notify the
					 director by certified mail of the commencement of a voluntary or involuntary
					 proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
					 as debtor, within 10 days after commencement of the proceeding. A guarantor of
					 a corporate guarantee as specified in
					 9VAC20-70-220 shall make such a
					 notification if he is named as debtor, as required under the terms of the
					 corporate guarantee.
B. An owner or
					 operator who fulfills the requirements of Article 4 (9VAC20-70-140 et seq.) of this part
					 by obtaining a trust fund, a letter of credit, a surety bond, or an insurance
					 policy, will be deemed to be without the required financial assurance in the
					 event of bankruptcy of the trustee or issuing institution, or a suspension or
					 revocation of the authority of the trustee institution to act as trustee or of
					 the institution issuing a surety bond, letter of credit, or insurance policy to
					 issue such mechanisms. The owner or operator shall establish other financial
					 assurance within 60 days of such event.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 7 - Wording of Financial Mechanisms › Section 9VAC20-70-280

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 7 - Wording of Financial Mechanisms › Section 9VAC20-70-290 - Wording of financial mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
A. Wording of trust agreements.
(NOTE: Instructions in parentheses are to be replaced with the relevant information and the parentheses deleted.)
TRUST AGREEMENT
Trust agreement, the "Agreement," entered into as of (date) by and between (name of the owner or operator), a (State) (corporation, partnership, association, proprietorship), the "Grantor," and (name of corporate trustee), a (State corporation) (national bank), the "Trustee."
Whereas, the Virginia Waste Management Board has established certain regulations applicable to the Grantor, requiring that the owner or operator of a (solid) (regulated medical) (yard) waste (transfer station) (receiving) (management) facility must provide assurance that funds will be available when needed for (closure, post-closure care, or corrective action) of the facility,
Whereas, the Grantor has elected to establish a trust to provide (all or part of) such financial assurance for the facility identified herein,
Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee,
Now, therefore, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
A. The term "fiduciary" means any person who exercises any power of control, management, or disposition or renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of this trust fund, or has any authority or responsibility to do so, or who has any authority or responsibility in the administration of this trust fund.
B. The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor.
C. The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 80 - SOLID WASTE MANAGEMENT REGULATIONS [REPEALED] › Section 9VAC20-80-310:1 - APPENDICES 5.1, 5.4, 5.5, 5.6 REPEALED

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-20 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
It is the policy of the Virginia Waste Management Board to
					 promote the development of comprehensive waste management programs that include
					 the following components of a waste management hierarchy:
1. Source reduction.
2. Reuse.
3. Recycling.
4. Resource recovery (waste to
				  energy).
5. Incineration.
6. Landfilling.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
						6941 et seq.; 40 CFR Part 258.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-25 - Purpose of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  purpose of this chapter is to establish standards and procedures pertaining to
				  the management of solid wastes by providing the requirements for siting,
				  design, construction, operation, maintenance, closure, and postclosure care of
				  solid waste management facilities in the Commonwealth in order to protect the
				  public health, public safety the environment, and our natural
				  resources.
B. This chapter provides
				  for the prohibition of open dumping of solid waste to protect public health and
				  safety and the environment.
C. This
				  chapter sets forth the requirements for undertaking corrective actions at solid
				  waste management facilities.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
						6941 et seq.; 40 CFR Part 258.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-30 - Administration of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  Virginia Waste Management Board promulgates and enforces regulations that it
				  deems necessary to protect the public health, public safety, the environment,
				  and natural resources.
B. The
				  director is authorized and directed to administer this chapter in accordance
				  with the Virginia Waste Management Act (§§ 10.1-1400 through
				  10.1-1457 of the Code of Virginia).
C. At any time this chapter requires the
				  director to review, approve, disapprove, or modify, any application for a
				  permit or any other submission by an applicant or permittee, such action by the
				  director shall be taken in a timely manner.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
						6941 et seq.; 40 CFR Part 258.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-40 - Prohibitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person shall
				  operate any sanitary landfill or other facility for the disposal, treatment, or
				  storage of solid waste without a permit from the director.
B. No person shall allow waste to be disposed
				  of or otherwise managed on his property except in accordance with this
				  chapter.
C. It shall be the duty of
				  all persons to dispose of or otherwise manage their solid waste in a legal
				  manner.
D. Any person who violates
				  subsection A, B, or C of this section shall immediately cease the activity of
				  improper management and the treatment, storage, or disposal of any additional
				  wastes and shall initiate such removal, cleanup, or closure in place.
E. Management of lead acid
				  batteries.
1. No person shall place a used
				  lead acid battery in mixed municipal solid waste or discard or otherwise
				  dispose of a lead acid battery except by delivery to a battery retailer or
				  wholesaler, or to a secondary lead smelter, or to a collection or reclamation
				  facility authorized under the laws of the Commonwealth or by the United States
				  Environmental Protection Agency.
2.
				  No battery retailer shall dispose of a used lead acid battery except by
				  delivery to:
a. The agent of a battery
				  wholesaler or a secondary lead smelter;
b. A battery manufacturer for delivery to a
				  secondary smelter; or
c. A
				  collection or reclamation facility authorized under the laws of the
				  Commonwealth or by the United States Environmental Protection Agency.
3. No person selling
				  new lead acid batteries at wholesale shall refuse to accept from customers at
				  the point of transfer, used lead acid batteries of the type and in a quantity
				  at least equal to the number of new batteries purchased, if offered by
				  customers.
4. The provisions of
				  subdivisions 1 through 3 of this subsection shall not be construed to prohibit
				  any person who does not sell new lead acid batteries from collecting and
				  reclaiming such batteries.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-45 - Open dumps.

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Prohibition.
1. No person shall dispose of
				  solid waste in open dumps, nor own, operate or allow to be operated on his
				  property an open dump as defined in subsection B of this section or §
				  10.1-1400 of the Code of Virginia. Both permitted and unpermitted sites or
				  facilities may be classified as open dumps.
2. Any person found to be in violation of
				  this section shall be ordered to immediately cease treatment, storage, and
				  disposal of any additional solid waste and shall take measures to abate
				  improper management of the solid waste and come into compliance with the
				  requirements of this chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-50 - Enforcement and appeal

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  administrative enforcement and appeals taken from actions of the director
				  relative to the provisions of this chapter shall be governed by the Virginia
				  Administrative Process Act (§ 2.2-4000 et seq. of the Code of
				  Virginia).
B. The Virginia Waste
				  Management Board or the director may enforce the provisions of this chapter
				  utilizing all applicable procedures under the law. The powers of the board and
				  the director include, but are not limited to, those established under Chapter
				  11.1 (§ 10.1-1182 et seq. (especially in § 10.1-1186 )) and in
				  Article 8 (§ 10.1-1455 et seq.) of Chapter 14 of Title 10.1 of the Code of
				  Virginia. These sections describe the right of entry for inspections, the
				  issuance of orders, penalties, injunctions, and other provisions and procedures
				  for enforcement of these regulations.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
						6941 et seq.; 40 CFR Part 258.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-60 - Ten-year permit review

Current through Register Vol. 40, No. 24, July 15, 2024
The director shall review and issue written findings on the
					 environmental compliance history of each permittee, material changes, if any,
					 in key personnel, and technical limitations, standards, or regulations on which
					 the original permit was based. The time period for review of each permit shall
					 be at least once every 10 years. If, upon such review, the director finds that
					 repeated material or substantial violations of the permittee or material
					 changes in the permittee's key personnel would make continued operation of the
					 facility not in the best interests of human health or the environment, the
					 director shall modify or revoke the permit, in accordance with provisions of
					 Part V (9VAC20-81-400 et seq.) of this
					 chapter. Whenever such review is undertaken, the director may modify the permit
					 to include additional limitations, standards, or conditions when the technical
					 limitations, standards, or regulations on which the original permit was based
					 have been changed by statute or amended by regulation or when any of the
					 conditions in § 10.1-1409B of the Virginia Waste Management Act exist. The
					 director may deny, revoke, or suspend any permit for any of the grounds listed
					 under § 10.1-1409A of the Code of Virginia.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
						6941 et seq.; 40 CFR Part 258.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-70 - Public participation and information

Current through Register Vol. 40, No. 24, July 15, 2024
A. All permits for solid waste management
				  facilities will be subject to public participation, as specified in Part V
				  (9VAC20-81-400 et seq.) of this
				  chapter.
B. Modifications to solid
				  waste management facility permits shall be subject to public participation in
				  accordance with Part V (9VAC20-81-400 et seq.)
				  of this chapter.
C. Dockets of all
				  permitting actions, enforcement actions, and administrative actions relative to
				  this chapter shall be available to the public for review, consistent with the
				  Commonwealth of Virginia Administrative Process Act, Virginia Freedom of
				  Information Act, and the provisions of this chapter.
D. Public participation in the compliance
				  evaluation and enforcement programs is encouraged. The department will:
1. Investigate all citizen complaints and
				  provide written responses to all signed, written complaints from citizens,
				  concerning matters within the board's purview;
2. Not oppose intervention by any citizen in
				  a suit brought before a court by the department as a result of the enforcement
				  action; and
3. Provide notice on
				  the department's Internet website; and provide at least 30 days of public
				  comment on proposed settlements of civil enforcement actions except where the
				  settlement requires some immediate action. Where a public comment period is not
				  held prior to the settlement of an enforcement action, public notice will still
				  be provided following the settlement.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-80 - Solid waste information and assessment program

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owners or operators of all permitted
				  solid waste management facilities that treat, store, or dispose of solid waste
				  shall report by March 31 of each year the amount of solid waste, by weight or
				  volume, received and managed by the facility during the preceding calendar
				  year. The report shall identify solid waste by the following categories:
(i) municipal solid waste,
(ii) construction and demolition debris,
(iii) industrial waste,
(iv) regulated medical waste,
(v) vegetative and yard waste,
(vi) incinerator ash,
(vii) sludge other than sludge that is land
				  applied in accordance with § 62.1-44.19:3.3 of the Code of Virginia,
(viii) tires,
(ix) white goods,
(x) friable asbestos,
(xi) petroleum-contaminated soil, and
(xii) other special waste. For each
				  such category the report shall include an estimate of the amount that was
				  generated outside of the Commonwealth and the state or local jurisdictions
				  where such waste originated. The report shall also estimate the amount of solid
				  waste managed or disposed of by each of the following methods:
(i) recycling,
(ii) composting,
(iii) landfilling,
(iv) incineration,
(v) sending offsite for further management,
				  and
(vi) stored on site on December
				  31 of the reporting year. Information on the available capacity and expected
				  life of the facilities, at the disposal rates submitted in this subsection,
				  shall be included in the annual report required by this section.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-90 - Relationship with other regulations promulgated by the Virginia Waste Management Board

Current through Register Vol. 40, No. 24, July 15, 2024
A. Virginia
				  Hazardous Waste Management Regulations (9VAC20-60).
1. Solid wastes that have been declared
				  hazardous or a universal waste by the generator in accordance with
				  40 CFR
				  262.11, as amended, or that are regulated as
				  hazardous wastes by the Commonwealth or another state, and will be treated,
				  stored, or disposed of in Virginia shall be managed in accordance with the
				  requirements of 9VAC20-60 and not 9VAC20-81.
2. Any material from a state other than
				  Virginia that is classified as a hazardous waste in that state shall be managed
				  in accordance with 9VAC20-60.
3.
				  Wastes generated by generators who are conditionally exempt pursuant to
				  40 CFR
				  261.5 may be managed in solid waste
				  management facilities provided that:
a.
(i) A specific approval is obtained from the
				  director for acceptance of the material at a facility with an approved liner
				  and leachate collection system; or
(ii) it is included in the facility permit;
				  and
b. Records are kept
				  of the actual amount, type, and source of these wastes.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-95 - Identification of solid waste

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Wastes identified in this section are solid wastes that are subject to this
				  chapterunless regulated pursuant to other applicable regulations issued by the
				  department.
B. Except as otherwise
				  provided, the definition of solid waste per
				  40 CFR
				  261.2 as incorporated by
				  9VAC20-60-261,
				  as amended, is also hereby incorporated as part of this chapter. Except as
				  otherwise provided, all material definitions, reference materials and other
				  ancillaries that are a part of 9VAC20-60-261, as amended, are also hereby
				  incorporated as part of this chapter as well.
C. Except as otherwise modified or excepted
				  by 9VAC20-60, the materials listed in the regulations of the United States
				  Environmental Protection Agency set forth in
				  40
				  CFR 261.4(a) are considered
				  a solid waste for the purposes of this chapter. However, these materials are
				  not regulated under the provisions of this chapter if all conditions specified
				  therein are met. This list and all material definitions, reference materials
				  and other ancillaries that are part of 40 CFR Part 261.4(a), as incorporated,
				  modified or accepted by 9VAC20-60 are incorporated as part of this chapter. In
				  addition, the following materials are not solid wastes for the purpose of this
				  chapter:
1. Materials generated by any of the
				  following, which are returned to the soil as fertilizers:
a. The growing and harvesting of agricultural
				  crops.
b. The raising and
				  husbanding of animals, including animal manures and used animal
				  bedding.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-81-97 - Beneficial use demonstrations.

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department may consider other waste
				  materials and uses to be beneficial. The generator or proposed user of such
				  materials may request that the department make a case-specific determination
				  that the solid waste may be beneficially used in a manufacturing process to
				  make a product or as an effective substitute for a commercial product. In all
				  such cases, the materials will be managed so they do not create an open dump,
				  hazard, or public nuisance.
1. The requestor
				  shall provide the following information:
a. A
				  description of the solid waste under review and its proposed use;
b. Chemical and physical characteristics of
				  the solid waste under review and of each type of proposed product;
c. A demonstration that there is a known or
				  reasonably probable market for the intended use of the solid waste under review
				  and of all proposed products by providing one or more of the following:
(1) A description of how the proposed product
				  will be used;
(2) A demonstration
				  that the proposed product complies with industry standards and specifications
				  for that product if any; or
(3)
				  Other documentation that a market for the proposed product or use exists;
				  and
d. A demonstration
				  that the management of the solid waste under review will not adversely affect
				  human health and safety, the environment, and natural resources by providing:
(1) A solid waste control plan that describes
				  the following:
(a) The source of the solid
				  waste under review;
(b) Procedures
				  for periodic testing of the solid waste under review and the proposed product
				  to ensure that the proposed product's composition has not changed
				  significantly;
(c) The disposition
				  of any solid waste that may result from the manufacture of the product into
				  which the solid waste under review is intended to be incorporated;
(d) A description of the type of storage
				  (e.g., container, tank, or pile) and the maximum anticipated inventory of the
				  solid waste under review (not to exceed 90 days) before being used;
(e) Procedures for run-on and run-off control
				  of the storage areas for the solid waste under review; and
(f) A program and implementation schedule of
				  best management practices designed to minimize uncontrolled dispersion of the
				  solid waste under review before and during all aspects of its storage as
				  inventory and during beneficial use.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-110 - Applicability.

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sanitary
				  landfills. Sanitary landfills may receive only nonhazardous solid waste unless
				  there are other wastes specifically authorized by the landfill
				  permit.
B.
				  Construction/demolition/debris (CDD) landfills. CDD landfills may only receive
				  demolition waste, construction waste, debris waste, land-clearing debris, split
				  tires, and white goods. No other wastes are authorized for the CDD landfill
				  except industrial waste specifically authorized by the landfill
				  permit.
C. Industrial waste
				  disposal facilities. Industrial waste disposal facilities may only receive
				  nonhazardous industrial waste and are subject to design and operational
				  requirements dependent on the volume and the physical, chemical, and biological
				  nature of the waste. No other wastes are authorized for the industrial waste
				  landfill except construction, demolition, and debris waste specifically
				  authorized by the landfill permit. Coal combustion residual landfills are a
				  specific type of industrial landfill and must meet the requirements in Part
				  VIII (9VAC20-81-800 et seq.) of this chapter in addition to industrial landfill
				  requirements found in Part III (9VAC20-81-100 et seq.)
				  and Part V (9VAC20-81-400 et seq.) of this
				  chapter.
Statutory Authority: § 10.1-1402 of the Code of
						Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and
						258.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-120 - Siting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The siting of all new sanitary, CDD and industrial
					 landfills shall be governed by the standards set forth in this section.
A. Floodplains. No new landfill shall be
				  sited in a 100-year floodplain.
B.
				  Stable areas. New landfills shall be sited in geologically stable areas where
				  adequate foundation support for the structural components of the landfill
				  exists. At a minimum, factors to be considered when determining stable areas
				  shall include:
1. Onsite or local soil
				  conditions that may result in differential settling and subsequent failure of
				  structural components or containment structures; and
2. Onsite or local geological or manmade
				  features or events that may result in sudden or nonsudden events and subsequent
				  failure of structural components or containment structures.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-160 - Closure requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The closure of all sanitary, CDD and industrial landfills
					 shall be governed by the standards set forth in this section.
A. Closure purpose. The owner or operator
				  shall close the landfill in a manner that minimizes the need for further
				  maintenance and provides for the protection of human health and the
				  environment. Closure shall eliminate the postclosure escape of uncontrolled
				  leachate or of waste decomposition products to the groundwater or surface water
				  to the extent necessary to protect human health and the environment. Closure
				  shall also control and/or minimize surface runoff and the escape of waste
				  decomposition products to the atmosphere.
B. Closure plan and modification of plan.
1. The owner or operator of a solid waste
				  disposal facility shall have a written closure plan. This plan shall identify
				  the steps necessary to completely close the landfill at the time when the
				  operation will be the most extensive and at the end of its intended life. The
				  closure plan shall include, at least:
a. A
				  schedule for final closure that shall include, as a minimum, the anticipated
				  date when wastes will no longer be received, the date when completion of final
				  closure is anticipated, and intervening milestone dates that will allow
				  tracking of the progress of closure.
b. An estimate of waste disposed onsite over
				  the active life of the landfill;
c.
				  An estimate of the largest area ever requiring a final cover as required at any
				  time during the active life;
d.
				  Description of Final Cover System design in accordance with subsection D of
				  this section;
e. Description of
				  storm water management to include design, construction, and maintenance
				  controls;
f. Closure cost estimate
				  for purpose of financial assurance.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-170 - Postclosure care requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The postclosure of all sanitary, CDD, and industrial
					 landfills shall be governed by the standards as set forth in this
					 section.
A. Postclosure care
				  requirements.
1. Following closure of the
				  landfill, the owner or operator shall conduct postclosure care of the landfill.
				  Postclosure care shall consist of at least the following:
a. Maintaining the integrity and
				  effectiveness of any final cover, including making repairs to the cover as
				  necessary to correct the effects of settlement, subsidence, erosion, or other
				  events, and preventing run-on and run-off from eroding or otherwise damaging
				  the final cover;
b. Maintaining and
				  operating the leachate collection system, as applicable, in accordance with the
				  requirements in
				  9VAC20-81-210. The director may
				  allow the owner or operator to stop managing leachate if the owner or operator
				  demonstrates that leachate no longer poses a threat to human health and the
				  environment;
c. Maintaining the
				  groundwater monitoring system and monitoring the groundwater, as applicable, in
				  accordance with the requirements in
				  9VAC20-81-250; and
d. Maintaining and operating the gas
				  monitoring system, as applicable, in accordance with the requirements in
				  9VAC20-81-200.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-200 - Control of decomposition gases

Current through Register Vol. 40, No. 24, July 15, 2024
Owners or operators of solid waste disposal facilities
					 shall develop a gas management plan in accordance with this section. Venting
					 and control of decomposition gases shall be implemented for sanitary and other
					 landfillsin order to protect the landfill cap and prevent migration into
					 structures or beyond the facility boundary, subject to exceptions at
					 9VAC20-81-130 K. The contents of
					 the plan shall also reflect the requirements contained in
					 40 CFR
					 60.33c and
					 40 CFR
					 60.750, (Standards of performance for new and
					 guidelines for control of existing municipal solid waste landfills) and
					 9VAC5-40-5800, as
					 applicable.
A. General requirements.
1. To provide for the protection of public
				  health and safety, and the environment, the operator shall ensure that
				  decomposition gases generated at a landfill are controlled during the periods
				  of operation, closure and postclosure care, in accordance with the following
				  requirements:
a. The concentration of methane
				  gas generated by the landfill shall not exceed 25% of the lower explosive limit
				  (LEL) for methane in landfill structures (excluding gas control or recovery
				  system components); and
b. The
				  concentration of methane gas migrating from the landfill shall not exceed the
				  lower explosive limit for methane at the facility boundary.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-210 - Leachate control

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Design plan. The design plan shall provide for leachate management. This design
				  plan shall include the following:
1. An
				  estimate of the quality and quantity of leachate to be produced annually by the
				  facility. The estimate shall include the 30-day leachate volume and average
				  flow rate of each month of the year. A separate estimate shall be submitted for
				  anticipated leachate generation at the end of five year increments of operation
				  for 20 years, or until closure, whichever date is earlier. For existing
				  facilities, current leachate generation shall be included with this separate
				  estimate.
2. The leachate
				  collection system shall be designed and constructed to maintain less than a 30
				  cm depth of leachate over the liner, excluding manifold trenches and
				  sumps.
3. Plans, designs, and cross
				  sections for the proposed collection and handling system.
4. Plans, designs, and cross sections for
				  onsite leachate storage or treatment systems, including system appurtenances
				  for storage, pretreatment, or treatment of leachate from the
				  facility.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-250 - Groundwater monitoring program

Current through Register Vol. 40, No. 24, July 15, 2024
A. General requirements.
1. Applicability.
a. Existing landfills. Owners or operators of
				  all existing landfills shall be in compliance with the groundwater monitoring
				  requirements specified in this section, except as provided for in subdivision 1
				  c of this subsection. Owners or operators of landfills that were permitted
				  prior to December 21, 1988, but were closed in accordance with the requirements
				  of their permit or existing regulation prior to December 21, 1988, are not
				  required to be in compliance with the groundwater monitoring requirements
				  specified in this section, unless conditions are recognized that classify the
				  landfill as an Open Dump as defined under
				  9VAC20-81-45.
b. New landfills. Owners or operators of new
				  facilities shall be in compliance with the groundwater monitoring requirements
				  specified in this section before waste can be placed in the landfill except as
				  provided for in subdivision 1 c of this subsection.
c. No migration potential exemption.
				  Groundwater monitoring requirements under this section may be suspended by the
				  director if the owner or operator can demonstrate that there is no potential
				  for migration of any Table 3.1 constituents to the uppermost aquifer during the
				  active life and the postclosure care period of the landfill. This demonstration
				  shall be certified by a qualified groundwater scientist and shall be based
				  upon:
(1) Site-specific field collected
				  measurements including sampling and analysis of physical, chemical, and
				  biological processes affecting contaminant fate and transport; and
(2) Contaminant fate and transport
				  predictions that maximize contaminant migration and consider impacts on human
				  health and the environment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part IV - Other Solid Waste Management Facility Standards: Compost Facilities; Solid Waste Transfer Stations; Centralized Waste Treatment Facilities; Materials Recovery Facilities; Waste to Energy; Incineration Facilities; Surface Impoundments and Lagoons; Waste Piles; Remediation Waste Management Units; Landfill Mining; Miscellaneous Units; and Exempt Management Facilities › Section 9VAC20-81-300 - General.

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who
				  designs, constructs, or operates any solid waste treatment or storage facility
				  not otherwise exempt under
				  9VAC20-81-95 shall comply with the
				  requirements of this part. In addition, this part sets forth conditions that
				  yard waste composting facilities must meet to maintain their exempt status,
				  where applicable, under
				  9VAC20-81-95 D 6. Further, all
				  applications pursuant to these standards shall demonstrate specific means
				  proposed for compliance with requirements set forth in this part.
B. All facilities, except exempted
				  facilities, shall be maintained and operated in accordance with the permit
				  issued or permit-by-rule status pursuant to this regulation. All facilities
				  shall be maintained and operated in accordance with the approved design and
				  intended use of the facility.
C.
				  Hazardous wastes shall not be disposed or managed in facilities subject to this
				  regulation unless specified in the permit or by specific approval of the
				  executive director.
D. Solid waste
				  management facilities regulated under this part that place solid wastes or
				  residues on site for disposal, or leave such wastes or residues in place after
				  closure, are subject to the provisions of Part III (9VAC20-81-100 et seq.) and Part
				  VIII (9VAC20-81-800 et seq.) of this chapter, as applicable, including:
1. Groundwater monitoring requirements in
				  9VAC20-81-250 or
				  9VAC20-81-800;
2. Closure and
				  postclosure care requirements in
				  9VAC20-81-160 and
				  9VAC20-81-170, or 9VAC20-81-800;
				  and
3. Permitting requirements of
				  Part V (9VAC20-81-400 et seq.) of this
				  chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part IV - Other Solid Waste Management Facility Standards: Compost Facilities; Solid Waste Transfer Stations; Centralized Waste Treatment Facilities; Materials Recovery Facilities; Waste to Energy; Incineration Facilities; Surface Impoundments and Lagoons; Waste Piles; Remediation Waste Management Units; Landfill Mining; Miscellaneous Units; and Exempt Management Facilities › Section 9VAC20-81-310 - Applicability.

Current through Register Vol. 40, No. 24, July 15, 2024
A. Solid waste
				  compost facilities.
1. The standards in this
				  part shall apply to owners and operators of facilities producing compost from
				  municipal solid waste/refuse or combinations of municipal solid waste/refuse
				  with animal manures.
a. Composting facilities
				  that employ the enclosed vessel method are referred to as Type A (confined)
				  compost facilities. Facilities that employ the windrow or aerated static pile
				  method are referred to as Type B compost facilities. The only composting
				  processes that may be employed are those with prior operational performance in
				  the United States. Any other proposed composting process shall conform to the
				  standards contained in
				  9VAC20-81-395 and will require an
				  experimental solid waste management facility permit.
b. Use of solid waste containing hazardous
				  waste, regulated medical waste, or nonbiodegradable waste is
				  prohibited.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part IV - Other Solid Waste Management Facility Standards: Compost Facilities; Solid Waste Transfer Stations; Centralized Waste Treatment Facilities; Materials Recovery Facilities; Waste to Energy; Incineration Facilities; Surface Impoundments and Lagoons; Waste Piles; Remediation Waste Management Units; Landfill Mining; Miscellaneous Units; and Exempt Management Facilities › Section 9VAC20-81-320 - Siting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The siting of all compost facilities, solid waste transfer
					 stations, centralized waste treatment facilities, materials recovery
					 facilities, waste to energy and incineration facilities, and waste piles shall
					 be governed by the standards as set forth in this section.
A. Facilities shall be adjacent to or have
				  direct access to roads that are paved or surfaced and capable of withstanding
				  anticipated load limits. Solid waste management facilities storing or treating
				  solid waste in piles such as but not limited to compost facilities and waste
				  piles may also have direct access to gravel roads.
B. Facilities shall not be sited or
				  constructed in areas subject to base floods. For materials recovery facilities,
				  this siting prohibition does not apply to facilities recovering materials from
				  industrial wastewater received from offsite.
C. No facility activity shall be closer than:
1. 50 feet to its property
				  boundary;
2. 200 feet to any
				  residence, a health care facility, school, recreational park area, or similar
				  type public institution;
3. 50 feet
				  to any perennial stream or river. For materials recovery facilities, this
				  siting prohibition does not apply to those facilities recovering materials from
				  industrial wastewater received from offsite; and
4. For facilities treating or storing solid
				  waste in piles, no closer than 50 feet to any wetland.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part IV - Other Solid Waste Management Facility Standards: Compost Facilities; Solid Waste Transfer Stations; Centralized Waste Treatment Facilities; Materials Recovery Facilities; Waste to Energy; Incineration Facilities; Surface Impoundments and Lagoons; Waste Piles; Remediation Waste Management Units; Landfill Mining; Miscellaneous Units; and Exempt Management Facilities › Section 9VAC20-81-330 - Design and construction requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The design and construction of all compost facilities,
					 solid waste transfer stations, centralized waste treatment facilities,
					 materials recovery facilities, waste to energy and incineration facilities, and
					 waste piles shall be governed by the standards as set forth in this
					 section.
A. Compost facilities.
1. For facilities that will compost only
				  Category I feedstocks:
a. A handling area and
				  equipment shall be provided to segregate the Category I waste from
				  noncompostable components and to store such components in appropriate
				  containers prior to proper management and disposal.
b. If the facility is located in any area
				  where the seasonal high water table lies within two feet of the ground surface,
				  the composting and handling areas shall be hard-surfaced and diked or bermed to
				  prevent run-on, collect runoff, and provided with a drainage system to route
				  the collected runoff to a treatment, disposal or holding facility, discharged
				  under a VPDES permit, or recirculated within the composting process.
c. Engineering controls shall be incorporated
				  into design of facilities located on sites with:
(1) Springs, seeps, and other groundwater
				  intrusions;
(2) Gas, water, or
				  sewage lines under the active areas; or
(3) Electrical transmission lines above or
				  below the active areas.
d. Areas used for mixing, composting, curing,
				  screening, and storing shall be graded to prevent run-on, collect runoff, and
				  provided with a drainage system to route the collected runoff to a treatment,
				  disposal or holding facility, discharged under a VPDES permit, or recirculated
				  within the composting process.
e.
				  Roads serving the unloading, handling, composting, and storage areas shall be
				  usable under all weather conditions.