reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part III - Machinery and Equipment Qualifications › Section 9VAC20-140-80 - Location

Current through Register Vol. 40, No. 24, July 15, 2024
In order to qualify, recycling machinery or equipment must
					 be operated at a facility located in Virginia.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part III - Machinery and Equipment Qualifications › Section 9VAC20-140-90 - Pollution abatement

Current through Register Vol. 40, No. 24, July 15, 2024
Recycling includes the exclusion and redirection of
					 material from the waste stream, thereby reducing the amount of material that
					 ultimately has to be deposited in a solid waste management disposal facility.
					 Therefore, recycling can reduce the potential for pollution, and a facility
					 (and the related machinery and equipment) which processes recyclables to a
					 manufacturer's specifications or utilizes recycled materials in production
					 shall qualify as a pollution abatement system.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part IV - Certification Procedure › Section 9VAC20-140-100 - Equipment documentation

Current through Register Vol. 40, No. 24, July 15, 2024
The purchaser of the recycling machinery and equipment must
					 file Form DWM50-11 with the department, providing at a minimum:
1. The purchaser's name and
				  address;
2. The name and location
				  of the facility in which the machinery and equipment will be used;
3. A description of the machinery and
				  equipment and its intended use in the facility;
4. A statement by the purchaser of the
				  machinery and equipment that would qualify the purchase for tax
				  consideration;
5. The purchase
				  price of the machinery and equipment, i.e., the base amount on which the
				  current value is to be computed for the purpose of the tax exemption;
				  and
6. Documentation of ownership
				  (copies of receipts, vouchers, or paid invoices) appropriate for filing with
				  the local taxing authority.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part IV - Certification Procedure › Section 9VAC20-140-110 - Department certification

Current through Register Vol. 40, No. 24, July 15, 2024
The department will review the information provided on
					 Form DWM50-11 to determine if the machinery or equipment meets the criteria
					 specified in the Code of Virginia. This application review will follow the
					 process established by
					 9VAC20-140-170 B.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part IV - Certification Procedure › Section 9VAC20-140-120 - Locality certification

Current through Register Vol. 40, No. 24, July 15, 2024
After receiving a copy of the machinery or equipment
					 certification from the department, the applicant will be responsible for
					 validating the installation and operation of the machinery and equipment to the
					 satisfaction of the local taxing authority.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part IV - Certification Procedure › Section 9VAC20-140-130 - Certification period

Current through Register Vol. 40, No. 24, July 15, 2024
Machinery and equipment certified through this process
					 shall retain certification status until its operation no longer complies with
					 the standards established in Part III of this chapter.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part V - Appeals and Severability › Section 9VAC20-140-140 - Appeal procedure

Current through Register Vol. 40, No. 24, July 15, 2024
All appeals taken from actions of the director relative to
					 the provisions of this chapter shall be governed by the Administrative Process
					 Act (Chapter 1.1:1 [§ 9-6.14:1 et seq.] of Title 9 of The Code of
					 Virginia).
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part V - Appeals and Severability › Section 9VAC20-140-150 - Severability

Current through Register Vol. 40, No. 24, July 15, 2024
A. If any provision
				  or part of this chapter is held invalid, unconstitutional or inapplicable to
				  any person, or circumstances, such invalidity, unconstitutionality or
				  inapplicability shall not affect or impair the remaining provisions of these
				  regulations and their application.
B. This chapter supersedes and replaces all
				  previous regulations of the department to the extent that those prior
				  regulations conflict with the regulations presented here. Prior regulations
				  remain in effect where no conflict exists.
C. This chapter shall remain in effect until
				  the Virginia Waste Management Board, in subsequent formal action, shall amend,
				  rescind or otherwise alter it. Such an action will be specific in its detail
				  and cite these regulations by their title. Where there appears to be a conflict
				  with these regulations and regulations adopted at a future date, and such
				  future regulations do not specifically clarify this chapter, this chapter shall
				  be superior.
D. These regulations
				  are completely separate from all federal regulations.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part VI - Rulemaking Petitions and Procedures › Section 9VAC20-140-160 - General

Current through Register Vol. 40, No. 24, July 15, 2024
The applicant affected by this chapter may petition the
					 director to grant a variance or an exemption from any of this chapter, subject
					 to the provisions of this part. Any petition submitted to the director is also
					 subject to the provisions of the Administrative Process Act.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part VI - Rulemaking Petitions and Procedures › Section 9VAC20-140-170 - Administrative procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  General petitioning requirements. The petition shall be submitted to the
				  director by certified mail and shall include:
1. The petitioner's name and
				  address;
2. A statement of
				  petitioner's interest in the proposed action;
3. A description of desired action and a
				  citation of the regulation from which a variance is requested;
4. A description of need and justification
				  for the proposed action;
5. The
				  duration of the variance, if applicable;
6. The potential impact of the variance on
				  public health or the environment;
7. Other information believed by the
				  applicant to be pertinent; and
8.
				  The following statement signed by the petitioner or authorized representative:
"I certify that I have personally examined and am familiar
					 with the information submitted in this petition and all attached documents, and
					 that, based on my inquiry of those individuals immediately responsible for
					 obtaining the information, I believe that the submitted information is true,
					 accurate, and complete. I am aware that there are significant penalties for
					 submitting false information, including the possibility of fine and
					 imprisonment."
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part II - General Information › Section 9VAC20-150-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to define the types of uses
					 eligible for partial reimbursement, to establish the procedures for application
					 and processing of reimbursement, and to establish the amount of
					 reimbursement.
Statutory Authority
§§ 10.1-1402 and 10.1-1422.4 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part II - General Information › Section 9VAC20-150-25 - Compliance with other requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Any removal or processing of waste tires must be conducted
					 in accordance with all applicable local, state, and federal laws and
					 regulations and in accordance with applicable departmental
					 policies.
Statutory Authority: §§ 10.1-1402 and
						10.1-1422.4 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part II - General Information › Section 9VAC20-150-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 10.1-1402 and
						10.1-1422.4 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part III - Eligibility for Reimbursement › Section 9VAC20-150-40 - End uses of waste tires eligible for reimbursement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following uses of waste tire materials
				  will be eligible for the reimbursement if the use complies with applicable
				  local ordinances and regulations and the Solid Waste Management Regulations
				  (9VAC20-81) or the equivalent regulations in another state. The eligible uses
				  are:
1. Civil engineering applications, which
				  utilize waste tire materials as a substitute for soil, sand, or aggregate in a
				  construction project such as land or surface applications, road bed base and
				  embankments; fill material for construction projects; and daily cover and other
				  substitutions at a permitted solid waste facility if the facility's permit is
				  so modified;
2. Incineration of
				  waste tire materials for energy recovery; and
3. Pyrolysis.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part IV - Reimbursement Rates › Section 9VAC20-150-50 - Eligible end users

Current through Register Vol. 40, No. 24, July 15, 2024
A. To be
				  eligible for a reimbursement, the applicant shall be the end user of the waste
				  tire materials as defined in Part I of this chapter. The end user need not be
				  located in Virginia.
B. To be
				  eligible for a reimbursement, the waste tire materials utilized by the end user
				  must be:
1. Waste tire materials from waste
				  tires generated in Virginia and be documented as such according to the
				  requirements in Part V of this chapter; and
2. Utilized through a method specified in
				  9VAC20-150-40.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part IV - Reimbursement Rates › Section 9VAC20-150-60 - The amount of reimbursement for purchased material

Current through Register Vol. 40, No. 24, July 15, 2024
As a partial reimbursement, the amount reimbursed shall be
					 equal to the purchase price paid for the waste tire materials, subject to the
					 maximum reimbursement rates listed in
					 9VAC20-150-80.
Statutory Authority
§§ 10.1-1402, 10.1-1422.3, and 10.1-1422.4 of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part IV - Reimbursement Rates › Section 9VAC20-150-70 - The amount of reimbursement for material used but not purchased

Current through Register Vol. 40, No. 24, July 15, 2024
As a partial reimbursement, the amount reimbursed shall be
					 the cost of use of the waste tire materials, subject to the maximum
					 reimbursement rates listed in
					 9VAC20-150-80.
Statutory Authority
§§ 10.1-1402, 10.1-1422.3, and 10.1-1422.4 of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part IV - Reimbursement Rates › Section 9VAC20-150-80 - Maximum rate of reimbursement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The maximum amount of the reimbursement
				  for waste tires specified in
				  9VAC20-150-100 A 1 shall be
				  $22.50.
B. The maximum amount of
				  the reimbursement for waste tires specified in
				  9VAC20-150-100 A 2 and A 3 shall be
				  $100 per ton subject to available funding.
Statutory Authority: §§ 10.1-1402 and
						10.1-1422.4 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part V - Virginia Generated Waste Tires › Section 9VAC20-150-100 - Qualification as Virginia generated waste tires

Current through Register Vol. 40, No. 24, July 15, 2024
A. A Virginia generated waste tire is a waste
				  tire that is:
1. Discarded as the result of a
				  sale, trade, or exchange in Virginia;
2. From a Virginia tire pile that existed
				  prior to December 20, 1994; or
3.
				  From a Virginia tire pile that was created without the property owner's
				  knowledge or permission.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part V - Virginia Generated Waste Tires › Section 9VAC20-150-110 - Documentation

Current through Register Vol. 40, No. 24, July 15, 2024
A. To be considered
				  as Virginia generated waste tires eligible for reimbursement, the waste tires
				  must be documented as such in a manner acceptable to the department. Acceptable
				  documentation must provide at a minimum a certifying statement signed by the
				  end user stating that the waste tires are Virginia generated in accordance with
				  the requirements of
				  9VAC20-150-100. One type of
				  acceptable documentation is form DEQ-WTC. All documentation submitted shall
				  include the information listed in this section, as applicable.
B. Generators shall submit the following
				  information:
1. Generator's company
				  name;
2. Mailing address;
3. Telephone number;
4. Business identification number (ID) or
				  Virginia driver's license number (VDL);
5. Physical location of where the waste tires
				  were generated;
6. The number of
				  car or light truck tires, truck tires, oversize tires, or the tire materials in
				  tons; and
7. The following
				  certification signed by the generator "I certify under penalty of law that the
				  information submitted on this document is to the best of my knowledge and
				  belief, true, accurate, and complete. I am aware that there are significant
				  penalties for submitting false information, including the possibility of a fine
				  and imprisonment for willful violations. I further certify that, to the best of
				  my knowledge and belief, all the waste tire materials identified by me on this
				  document and delivered to the hauler below were generated in the Commonwealth
				  of Virginia in accordance with the Waste Tire End User Reimbursement
				  Regulations (9VAC20-150)."
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part VI - Application Procedures › Section 9VAC20-150-120 - Application for reimbursement

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person may apply to the department for
				  reimbursement from the Waste Tire Trust Fund on a monthly or quarterly basis
				  for utilizing waste tire materials if the request for reimbursement is complete
				  and complies with other provisions of this chapter.
B. The minimum reimbursement application
				  amount is 5,000 passenger tire equivalents or 10 tons of waste tire materials
				  used. Lesser amounts may be considered on a case-by-case basis.
C. In order to apply for reimbursement, the
				  utilization of the waste tire materials must occur after December 20,
				  1994.
D. An applicant for
				  reimbursement must file form DEQ-EURR with the department, providing at a
				  minimum:
1. Applicant's name and
				  address;
2. Name and location of
				  facility where end use occurs;
3. A
				  description of the end use;
4. A
				  statement of the purchase price paid for the waste tire materials or, if the
				  waste tire materials were not purchased, the cost of use; and
5. An authorized signature.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part VII - Processing of Applications › Section 9VAC20-150-130 - Review of application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The department shall review the reimbursement application form, DEQ-EURR, for
				  completeness and eligibility within 10 working days of receipt.
B. If an application is not complete as
				  required in
				  9VAC20-150-120 D, the department
				  may require the applicant to submit the missing information. The department may
				  delay reimbursement until the information is received.
C. The department will process for payment
				  all applications for reimbursement that are complete and in compliance with the
				  regulations up to the amount of available funds. The complete applications will
				  be processed in the order received and until available funds are exhausted.
				  When available funds for a given fiscal year are exhausted, all remaining
				  eligible applications will be held and paid first in the following fiscal
				  year.
D. If an applicant believes
				  an error has been made in the review of or response to his application, he
				  shall notify the department in writing within 30 days of receiving the
				  department's response. The applicant shall submit to the department a brief
				  statement describing the believed error, and copies of any documents supporting
				  the statement.
The department shall review the applicant's response and
					 attached documents and may further review the matter. The department shall
					 respond to the applicant in writing concerning the review of the information
					 submitted by the applicant.
If the department concludes that an error has been made,
					 the application shall be reprocessed by the department. If funds are not
					 available, the reprocessed application shall be carried over to the next year
					 and paid from available funds.
Statutory Authority: §§ 10.1-1402 and
						10.1-1422.4 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part VII - Processing of Applications › Form - FORMS (9VAC20-150)

Current through Register Vol. 40, No. 24, July 15, 2024
Waste
					 Tire Pile Certification, DEQ-CERT, No. 154 (rev. 3/2010)
End
					 User Reimbursement Application, DEQ-EURR (rev. 5/2016)
Waste
					 Tire Certification, DEQ-WTC (rev. 4/2020)
Statutory Authority: §§ 10.1-1402 and
						10.1-1422.4 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-20 - Purpose, applicability, and compliance with other regulations

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
				eligibility, enrollment, reporting, characterization, remediation, and
				termination criteria for the Virginia Voluntary Remediation Program in order to
				protect human health and the environment.
B. This chapter shall apply to all persons
				who elect to and are eligible to participate in the Virginia Voluntary
				Remediation Program.
C.
				Participation in the program does not relieve a participant from the obligation
				to comply with all applicable federal, state and local laws, ordinances and
				regulations related to the investigation and remediation (e.g., waste
				management and disposal, erosion and sedimentation controls, air emission
				controls, and activities that impact wetlands and other sensitive ecological
				habitats) undertaken by the participant pursuant to this chapter.
Statutory Authority: §
											10.1-1232 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-30 - Eligibility criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Applicants and proposed sites shall meet eligibility criteria as defined in
				this section.
B. Eligible
				applicants are any persons who own, operate, have a security interest in, or
				enter into a contract for the purchase or use of an eligible site. Those who
				wish to voluntarily remediate a site may apply to participate in the program.
				Any person who is an authorized agent of any of the parties identified in this
				subsection may apply to participate in the program.
Applicants who are not site owners must demonstrate that they
				  have access to the property at the time of payment of the phase 2 registration
				  fee in accordance with
				  9VAC20-160-60
				  and must maintain such right of access until a certificate is issued or
				  participation in the program is terminated pursuant to
				  9VAC20-160-100.
C. Sites are eligible for
				participation in the program if (i) remediation has not been clearly mandated
				by the U.S. Environmental Protection Agency, the department, or a court
				pursuant to the Comprehensive Environmental Response, Compensation and
				Liability Act (
				42
				USC §
										9601 et seq.), the Resource
				Conservation and Recovery Act (
				42 USC §
										6901 et seq.), the Virginia Waste Management
				Act (§
									10.1-1400 et seq. of
				the Code of Virginia), the Virginia State Water Control Law (§
									62.1-44.2 et
				seq. of the Code of Virginia), or other applicable statutory or common law; or
				(ii) jurisdiction of the statutes listed in clause (i) has been waived.
1. A site on which an eligible party has
				performed remediation of a release is potentially eligible for the program (i)
				if the actions can be documented in a way so that the actions are shown to be
				equivalent to the requirements for this chapter, and (ii) provided the site
				meets applicable remediation levels.
2. Petroleum or oil releases not mandated for
				remediation under Articles 9 (§
										62.1-44.34:8 et seq.)
				and 11 (§
										62.1-44.34:14 et
				seq.) of the Virginia State Water Control Law may be eligible for participation
				in the program.
3. Where an
				applicant raises a genuine issue based on documented evidence as to the
				applicability of regulatory programs in subsection D of this section, the site
				may be eligible for the program. Such evidence may include a demonstration
				that:
a. It is not clear whether the release
				involved a waste material or a virgin material;
b. It is not clear that the release occurred
				after the relevant regulations became effective; or
c. It is not clear that the release occurred
				at a regulated unit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-40 - Application for participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The application for participation in the
				Voluntary Remediation Program shall provide the elements listed in this
				subsection:
1. An overview of the project;
				reason for application for participation in the program.
2. A statement of the applicant's eligibility
				to participate in the program (e.g., proof of ownership, security interest,
				etc.).
3. A plat or map that
				indicates the approximate acreage and boundaries of the site. If the site is a
				portion of a larger property, then the plat or map shall show the approximate
				boundaries of both the site and the associated larger property.
4. A general operational history of the
				site.
5. A general description of
				information known to or ascertainable by the applicant pertaining to (i) the
				nature and extent of any contamination; and (ii) past or present releases, both
				at the site and immediately contiguous to the site.
6. A discussion of the potential jurisdiction
				of other existing environmental regulatory programs requiring remediation of
				the release being proposed for admittance to the program, or documentation of a
				waiver thereof.
7. An application
				signed by the applicant attesting that to the best of the applicant's knowledge
				all of the information as set forth in this subsection is true and
				accurate.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-55 - Registration fees for applications received prior to January 29, 2014

Current through Register Vol. 40, No. 24, July 15, 2024
A. For applicants
				that submitted an application that was received by the department prior to
				January 29, 2014, the registration fee submitted and any registration fee
				refund sought shall be in accordance with the requirements of this section. On
				and after July 1, 2014, any addition of acreage to a site participating in the
				program based upon an application subject to registration fees under this
				section shall require a new application for the additional acreage, which shall
				be subject to registration fees pursuant to the requirements of
				9VAC20-160-65.
				If the participant elects to subdivide the site or conduct a phased remediation
				project requiring multiple certificates for the site, the additional site shall
				be subject to phase 2 registration fees as required by
				9VAC20-160-65
				C 1 b and phase 3 registration fees as required by
				9VAC20-160-65
				D 6.
B. The registration fee shall
				be at least 1.0% of the actual cost of the remediation at the site, not to
				exceed $5,000. To determine the appropriate registration fee, the applicant
				shall provide an estimate of the anticipated total cost of remediation and
				remit that amount. As an alternative to providing an estimate, the applicant
				may elect to pay the maximum registration fee.
C. If the participant did not elect to remit
				the maximum registration fee, the participant shall provide the department with
				the actual total cost of the remediation prior to issuance of a certificate.
				The department shall calculate any balance adjustment to be made to the initial
				registration fee. Any negative balance owed to the department shall be paid by
				the participant prior to the issuance of a certificate. Any overpayment to be
				refunded to the participant shall be remitted by the department with issuance
				of the certificate.
D. If the
				participant elected to remit the maximum registration fee and an overpayment
				has been made, the department shall refund any balance owed to the participant
				after receiving the actual total cost of remediation. If no remedial cost
				summary is provided to the department within 60 days of the participant's
				receipt of the certificate, the participant will have waived the right to a
				refund.
Statutory Authority: §
											10.1-1232
					 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-65 - Registration fees for applications received on or after July 1, 2014

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance
				with §
									10.1-1232A
				5 of the Code of Virginia, the applicant shall submit a registration fee to
				defray the cost of the program. For applications received by the department on
				and after July 1, 2014, the registration fee shall be remitted in three phases
				as required by this section.
B.
				Phase 1 of the registration fee shall be an application fee in the amount of
				$2,000.
1. Payment of the phase 1 registration
				fee is required for each application received by the department on or after
				July 1, 2014.
2. The phase 1
				registration fee is due when the application is submitted and shall be made
				payable to the Treasurer of Virginia.
3. The phase 1 registration fee shall be
				submitted separately from the application package and remitted to Virginia
				Department of Environmental Quality, P.O. Box 1104, Receipts Control, Richmond,
				VA 23218.
4. An application is not
				administratively complete until the phase 1 registration fee is received by the
				department. Review of an application for eligibility in accordance with
				9VAC20-160-30
				and
				9VAC20-160-40
				shall not commence until the application is administratively
				complete.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-80 - Review of submittals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department shall review and evaluate the components of the Voluntary
				Remediation Report submitted by the participant. The department may request
				additional information, including sampling data from the site or potentially
				affected offsite areas to verify the extent of the release.
B. The department may waive or expedite, as
				appropriate, issuance of any permits required to initiate and complete a
				voluntary remediation. The department shall, within 120 days of a complete
				submittal, expedite issuance of such permit in accordance with applicable
				regulations.
C. After receiving a
				complete and adequate report, the department shall make a determination
				regarding the issuance of the certificate to the participant. The determination
				shall be a final agency action pursuant to the Administrative Process Act
				(§
									2.2-4000 et seq. of the Code of
				Virginia).
Statutory Authority: §
											10.1-1232 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-100 - Termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Participation in
				the program shall be terminated:
1. When
				evaluation of new information obtained during participation in the program
				results in a determination by the department that the site is ineligible or
				that a participant has taken an action to render the site ineligible for
				participation in the program. If such a determination is made, the department
				shall notify the participant that participation has been terminated and provide
				an explanation of the reasons for the determination. Within 30 days, the
				participant may submit additional information, or accept the department's
				determination.
2. Upon 30 days
				written notice of withdrawal by the participant.
3. Upon the participant's failure to make
				reasonable progress towards completion of the program, as determined by the
				department , and the participant's subsequent failure to respond appropriately
				within 30 days to the department's written request for an update of
				program-related activities and a projected timeline to fulfill the program
				requirements .
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-110 - Certification of satisfactory completion of remediation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall issue a certificate
				when:
1. The participant has demonstrated that
				migration of contamination has been stabilized;
2. The participant has demonstrated that the
				site has met the applicable remediation levels and will continue to meet the
				applicable remediation levels in the future for both onsite and offsite
				receptors;
3. All provisions of the
				final remedial action plan as applicable have been completed;
4. All applicable requirements of this
				chapter have been completed;
5. The
				department accepts all work submitted, as set forth in
				9VAC20-160-70;
				and
6. All registration fees due to
				the department pursuant to
				9VAC20-160-55,
				9VAC20-160-60,
				and
				9VAC20-160-65
				have been received by the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-120 - Public notice

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				participant shall give public notice of the voluntary remediation. The notice
				shall be made after the department accepts the n site characterization
				component of the Voluntary Remediation Report and the proposed or completed
				remediation and shall occur prior to the department's issuing a certificate.
				Such notice shall be paid for by the participant.
B. The participant shall:
1. Provide written notice to the local
				government in which the facility is located;
2. Provide written notice to all adjacent
				property owners and other owners whose property has been affected by
				contaminants as determined pursuant to the provisions of subdivision A 1 of
				9VAC20-160-70;
				and
3. Publish a notice once in a
				newspaper of general circulation in the area affected by the voluntary
				action.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC20-160)

Current through Register Vol. 40, No. 24, July 15, 2024
U.S. Environmental Protection Agency publications:
Test Methods for Evaluating Solid Waste: Physical/Chemical
				  Methods; EPA Publication SW-846, Third Edition (1986) as amended by Final
				  Updates I, II, IIA, IIB, III, IIIA, IIIB, and IV, PB 99-115 891, revised March
				  2009
(http://www.epa.gov/osw/hazard/testmethods/sw846/online/index.htm)
Soil
				  Screening Guidance: User's Guide, EPA/540/R-96/018, Publication 9355.4-23, July
				  1996
Supplemental
				  Guidance for Developing Soil Screening Levels for Superfund Sites, OSWER
				  9355.4-24, December 2002
Risk Assessment Guidance for Superfund, Volume I, Human
				  Health Evaluation Manual (Part A) Interim Final, EPA/540/1-89/002, Office of
				  Emergency and Remedial Response, December 1989 (
http://www.epa.gov/oswer/riskassessment/ragsa
)
Risk
				  Assessment Guidance for Superfund: Volume I, Human Health Evaluation Manual
				  (Part B, Development of Risk-Based Preliminary Remediation Goals) Interim,
				  Publication 9285.7-01B, Office of Emergency and Remedial Response, December
				  1991
Regional
				  Screening Level (RSL) Master Table, Region III, VI, and IX, December
				  2009
Statutory Authority: §
											10.1-1232 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part I - Definitions And Program Administration › Section 9VAC20-170-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter establishes standards and procedures
					 pertaining to the commercial transport, loading and off-loading of solid wastes
					 or regulated medical wastes upon the navigable waters of the Commonwealth to
					 the extent allowable under state law in order to protect the public health,
					 safety and welfare, and to protect the environment and natural resources from
					 pollution, impairment or destruction.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part I - Definitions And Program Administration › Section 9VAC20-170-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  applies to each owner and/or operator of a vessel transporting solid wastes or
				  regulated medical wastes for the purposes of commercial carriage as cargo, and
				  each owner or operator of a receiving facility. This chapter also applies to
				  the receiving facilities and vessels transporting solid wastes or regulated
				  medical wastes upon the navigable waters of the Commonwealth to the extent
				  allowable under state law.
B. This
				  chapter does not apply to a public vessel as defined under
				  9VAC20-170-10, the owner and
				  operator of a public vessel, vessels transporting solid wastes or regulated
				  medical wastes incidental to their predominant business or purposes, vessels
				  transporting solid wastes or regulated medical wastes generated during normal
				  operations of the vessel, solid wastes or regulated medical wastes generated
				  during the normal operations of the vessel, and solid wastes excluded or
				  conditionally exempted pursuant to
				  9VAC20-81-95 of the Solid Waste
				  Management Regulations.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part I - Definitions And Program Administration › Section 9VAC20-170-40 - Relationship to other regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Solid Waste Management Regulations (9VAC20-81) prescribe requirements for the solid waste management facilities in general. While a facility utilized to receive solid wastes or regulated medical wastes transported, loaded, or unloaded upon the navigable waters of the Commonwealth, to the extent allowable under state law, by a commercial transporter is a solid waste management facility, this chapter herein prescribes specific requirements, including siting, design/construction, operation, and permitting, for this type of facilities. If there is any overlapping requirement between these two regulations, whichever is more stringent shall apply.
B. The Regulated Medical Waste Management Regulations (9VAC20-121) address special needs for regulated medical waste management. A facility utilized to receive regulated medical waste transported, loaded, or unloaded upon the navigable waters of the Commonwealth, to the extent allowable under state law, by a commercial transporter is a regulated medical waste facility and it must conform to any applicable sections of the Regulated Medical Waste Management Regulations adopted by the board. If there is any overlapping requirement between these two regulations, whichever is more stringent shall apply.
C. This chapter does not exempt any receiving facility from obtaining a Virginia Water Protection Permit as required by the Virginia Water Protection Permit Program Regulation (9VAC25-210), whenever it is applicable.
Statutory Authority: §§
												10.1-1402 and  10.1-1454.1 of the Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part I - Definitions And Program Administration › Section 9VAC20-170-50 - Enforcement, inspections, and right of entry

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person violating any requirement of
				  this chapter, except for those enforced by the U.S. Department of
				  Transportation and the U.S. Coast Guard, is liable for a civil penalty of not
				  more than $25,000 per violation. Each day of a continuing violation is a
				  separate violation.
B. The owner or
				  operator of a receiving facility or a vessel shall allow the director or his
				  designee, upon presentation of appropriate credentials or other documents as
				  may be required by law, to:
1. Enter at
				  reasonable times upon any premises where a regulated facility or activity is
				  located or conducted, or where records must be kept under the provisions of
				  this chapter;
2. Have access to and
				  copy, at reasonable times, any records that must be kept under the provisions
				  of this chapter;
3. Inspect at
				  reasonable times any facilities, equipment, practices, or operations regulated
				  or required under the provisions of this chapter; and
4. Sample or monitor at reasonable times, for
				  the purposes of assuring compliance with the provisions of this
				  chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part I - Definitions And Program Administration › Section 9VAC20-170-60 - Delegation of authority

Current through Register Vol. 40, No. 24, July 15, 2024
The director may perform any act of the board provided
					 under this chapter, except as limited by § 10.1-1405 of the Code of
					 Virginia.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part II - Standards For Containers › Section 9VAC20-170-70 - Design, operation and maintenance of containers

Current through Register Vol. 40, No. 24, July 15, 2024
A. All transportation of solid waste or
				  regulated medical waste on state waters shall be in containers meeting the
				  specifications and standards specified in this section.
B. Each container must meet the following:
1. Each container shall be watertight and
				  shall be designed, constructed, loaded, operated, secured and maintained so as
				  to prevent the escape of wastes, liquids, and odors and to prevent the loss or
				  spillage of wastes in the event of an accident.
2. Each container shall be stacked no higher
				  on barges than allowable under federal law, and shall be secured to the barges
				  to prevent accidents during transportation, loading and unloading.
3. Each container shall be completely
				  enclosed, rigid, and constructed of nonpermeable material.
4. Each container shall meet all applicable
				  U.S. Department of Transportation specifications.
5. Waste that is rocks, brick, cement block,
				  uncontaminated dirt, broken concrete or road pavement and contains no paper,
				  vegetative waste, wallboard or wood waste may be contained in covered barges
				  without other containerization and the barge itself shall be considered the
				  container if the following requirements are met:
a. The barge shall fully comply with all
				  other requirements of this section,
				  9VAC20-170-70, except subdivisions
				  D1, D2 and D3 a, and subsection E of this section.
b. The waste shall be free of municipal
				  waste, sludge, hazardous waste, regulated medical waste, radiological waste,
				  putrescible waste, ash, waste that gives off gases or objectionable odors,
				  petroleum products, industrial chemicals, industrial waste, or any waste that
				  causes a nuisance.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part III - Standards For Loading And Off-Loading Receiving Facilities › Article 1 - Standards for Design and Operation › Section 9VAC20-170-80 - Siting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The receiving
					 facility shall be adjacent to or have direct access to roads that are paved or
					 surfaced and capable of withstanding anticipated load limits.
B. The receiving facility shall be located so
					 as to minimize waterborne traffic congestion and navigational hazards. Sites
					 shall allow for sufficient room to minimize land traffic congestion and allow
					 for safe operation.
C. No loading,
					 unloading, or receiving areas shall be located closer than 50 feet to any
					 property line (excluding the property line along the water side), nor closer
					 than 200 feet to any occupied dwelling, a health care facility, school or
					 recreational park area, or similar type public institution.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part III - Standards For Loading And Off-Loading Receiving Facilities › Article 1 - Standards for Design and Operation › Section 9VAC20-170-90 - Design and construction of facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. An all-weather road suitable for loaded
					 transfer vehicles shall be provided from the entrance gate to the loading,
					 unloading, or receiving area.
B.
					 Any solid waste or liquid deriving from solid waste shall be properly managed
					 and not be allowed to contact or mix with storm water. The loading, unloading,
					 or receiving areas shall be constructed of easily cleanable materials; equipped
					 with containment or diversionary structures, drains or pumps, or equivalent
					 means to facilitate the removal of wastewater for proper storage or disposal;
					 and equipped with appropriate storm water management systems so as to prevent
					 storm water from contacting wastes and/or contaminating state waters.
C. Sufficient on-site queuing capacity shall
					 be provided for the expected traffic so that the waiting transfer vehicles do
					 not back up onto the public road.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						  Virginia.