Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part V - Permitting of Solid Waste Management Facilities › Section 9VAC20-81-570 - Revocation or suspension of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any permit issued by the director may be
				  revoked when any of the following conditions exist:
1. The permit holder violates any regulation
				  of the board or any condition of a permit where such violation poses a threat
				  of release of harmful substances into the environment or presents a hazard to
				  human health;
2. The solid waste
				  management facility is maintained or operated in such a manner as to constitute
				  an open dump or pose a substantial present or potential hazard to human health
				  or the environment;
3. The solid
				  waste management facility because of its location, construction, or lack of
				  protective construction or measures to prevent pollution, constitute an open
				  dump or poses a substantial present or potential hazard to human health or the
				  environment;
4. Leachate or
				  residues from the solid waste management facility used for disposal, storage,
				  or treatment of solid waste pose a threat of contamination or pollution of the
				  air, surface waters, or groundwater in a manner constituting an open dump or
				  resulting in a substantial present or potential hazard to human health or the
				  environment;
5. The person to whom
				  the permit was issued abandons, sells, leases, or ceases to operate the
				  facility permitted;
6. The owner or
				  operator fails to maintain a financial assurance mechanism if required to do so
				  by 9VAC20-70;
7. As a result of
				  changes in key personnel, the director finds that the requirements necessary
				  for issuance of a permit are no longer satisfied;
8. The applicant has knowingly or willfully
				  misrepresented or failed to disclose a material fact in applying for a permit
				  or in his disclosure statement, or any other report or certification required
				  under this law or under the regulations of the board, or has knowingly or
				  willfully failed to notify the director of any material change to the
				  information in the disclosure statement;
9. Any key personnel has been convicted of
				  any following crimes punishable as felonies under the laws of the Commonwealth
				  or the equivalent of them under the laws of any other jurisdiction: murder;
				  kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson;
				  burglary; theft and related crimes; forgery and fraudulent practices; fraud in
				  the offering, sale, or purchase of securities; alteration of motor vehicle
				  identification numbers; unlawful manufacture, purchase, use, or transfer of
				  firearms; unlawful possession or use of destructive devices or explosives;
				  violation of the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of
				  Title 54.1 of the Code of Virginia; racketeering; or violation of antitrust
				  laws; or has been adjudged by an administrative agency or a court of competent
				  jurisdiction to have violated the environmental protection laws of the United
				  States, the Commonwealth, or any other state and the director determines that
				  such conviction or adjudication is sufficiently probative of the applicant's
				  inability or unwillingness to operate the facility in a lawful manner, as to
				  warrant denial, revocation, modification, or suspension of the permit. In
				  making such determination, the director shall consider:
a. The nature and details of the acts
				  attributed to key personnel;
b. The
				  degree of culpability of the applicant, if any;
c. The applicant's policy or history of
				  discipline of key personnel for such activities;
d. Whether the applicant has substantially
				  complied with all rules, regulations, permits, orders, and statutes applicable
				  to the applicant's activities in Virginia;
e. Whether the applicant has implemented
				  formal management controls to minimize and prevent the occurrence of such
				  violations; and
f. Mitigation based
				  upon demonstration of good behavior by the applicant including, without
				  limitation, prompt payment of damages, cooperation with investigations,
				  termination of employment or other relationship with key personnel or other
				  persons responsible for violations or other demonstrations of good behavior by
				  the applicant that the director finds relevant to its decision; or
10. All postclosure care
				  activities have been terminated by the department in accordance with
				  9VAC20-81-170 C.