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 9VAC20-81-600 - Modification of permits.

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Permits may be modified at the request of any interested person or upon the
				  director's initiative. However, permits may only be modified for the reasons
				  specified in subsections E and F of this section. All requests shall be in
				  writing and shall contain facts or reasons supporting the request. Any permit
				  modification authorizing expansion of an existing sanitary landfill shall
				  incorporate the conditions required for a disposal capacity guarantee in §
				  10.1-1408.1 P of the Code of Virginia. This provision does not apply to permit
				  applications from one or more political subdivisions that will only accept
				  waste from within those political subdivisions' jurisdiction or municipal solid
				  waste generated within other political subdivisions pursuant to an
				  interjurisdictional agreement.
B.
				  If the director decides the request is not justified, he shall send the
				  requester a response providing justification for the decision.
C. If the director tentatively decides to
				  modify, he shall prepare a draft permit incorporating the proposed changes. The
				  director may request additional information and may require the submission of
				  an updated permit application. In a permit modification under subsection E of
				  this section, only those conditions to be modified shall be reopened when a new
				  draft permit is prepared. All other aspects of the existing permit shall remain
				  in effect. During any modification proceeding the permittee shall comply with
				  all conditions of the existing permit until the modified permit is
				  issued.
D. When the director
				  receives any information, he may determine whether or not one or more of the
				  causes listed for modification exist. If cause exists, the director may modify
				  the permit on his own initiative subject to the limitations of subsection E of
				  this section and may request an updated application if necessary. If a permit
				  modification satisfies the criteria in subsection F of this section for minor
				  modifications, the permit may be modified without a draft permit or public
				  review. Otherwise, a draft permit shall be prepared and other appropriate
				  procedures followed.
E. Causes for
				  modification. The director may modify a permit upon his own initiative or at
				  the request of a third party:
1. When there
				  are material and substantial alterations or additions to the permitted facility
				  or activity that occurred after permit issuance that justify the application of
				  permit conditions that are different or absent in the existing
				  permit;
2. When there is found to
				  be a possibility of pollution causing significant adverse effects on the air,
				  land, surface water, or groundwater;
3. When an investigation has shown the need
				  for additional equipment, construction, procedures and testing to ensure the
				  protection of the public health and the environment from adverse
				  effects;
4. If the director has
				  received information pertaining to circumstances or conditions existing at the
				  time the permit was issued that was not included in the administrative record
				  and would have justified the application of different permit conditions, the
				  permit may be modified accordingly if in the judgment of the director such
				  modification is necessary to prevent significant adverse effects on public
				  health or the environment;
5. When
				  the standards or regulations on which the permit was based have been changed by
				  promulgation of amended standards or regulations or by judicial decision after
				  the permit was issued;
6. When the
				  director determines good cause exists for modification of a compliance
				  schedule, such as an act of God, strike, flood, or material shortage or other
				  events over which the permittee has little or no control and for which there is
				  no reasonably available remedy;
7.
				  When a modification of a closure plan is required under
				  9VAC20-81-160,
				  9VAC20-81-360, or 9VAC20-81-800 and
				  the permittee has failed to submit a permit modification request within the
				  specified period;
8. When the
				  corrective action program specified in the permit under
				  9VAC20-81-260 or 9VAC20-81-800 has
				  not brought the facility into compliance with the groundwater protection
				  standard within a reasonable period of time; or
9. When cause exists for revocation under
				  9VAC20-81-570 and the director
				  determines that a modification is more appropriate.