Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-110 - Schedule for plan development

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each solid waste planning unit in the
				Commonwealth shall develop and maintain a solid waste management plan or amend
				an existing solid waste management plan and submit it for approval in
				accordance with this chapter. Existing plans may be amended by addendum of
				items such as consideration of the waste management hierarchy, the recycling
				program implementation activities, and other requirements of this chapter that
				are not a part of the existing plan. Details concerning amendments to solid
				waste management plans are found in
				9VAC20-130-175.
B. The department shall review and approve or
				return comments on the deficiencies in each plan submitted in accordance with
				subsection A of this section no later than 90 days from the date the plans are
				received. In the event the department is unable to complete its review within
				90 days, the applicant will be notified and given a date as to when the review
				will be completed.
C. Each
				submitter who receives comments on its solid waste management plan under
				subsection B of this section shall submit a revised solid waste management plan
				to the department no later than 90 days following receipt of notification of
				deficiencies.
D. Plans approved
				without alteration shall become effective upon notification of such approval by
				the department. If after review of the corrected plan submitted pursuant to
				subsection C of this section, the department cannot approve the corrected solid
				waste management plan because the department finds the plan not to be in
				accordance with this chapter, it will issue a notice of intent to disapprove to
				the submitter. The notice of intent to disapprove shall set forth (i) the
				reason for the disapproval, (ii) what is required for approval, (iii) the right
				of the submitter to an informal fact-finding proceeding under Chapter 40
				(§
									2.2-4000 et
				seq.) of Title 2.2 of the Code of Virginia, and (iv) allow the development of
				an action plan for the solid waste planning unit as set forth in
				9VAC20-130-120
				I. The department will give priority consideration for review of corrected
				plans where the solid waste planning unit has a pending permit application for
				a solid waste management facility.
E. The director may revoke the approval of
				any plan or require its revision and resubmittal if there is evidence that
				there has been significant deviation from the plan. Significant deviations are
				departures or omissions from activities planned in accordance with
				9VAC20-130-120.
				The director will issue a notice of intent to revoke or require revision and
				resubmittal of a plan. The notice of intent shall set forth (i) whether the
				director intends to revoke or require revision and resubmittal of the plan,
				(ii) the reason the director intends to take the action, and (iii) the right of
				the submitter of the plan to an informal fact-finding proceeding under Chapter
				40 (§
									2.2-4000 et
				seq.) of Title 2.2 of the Code of Virginia.
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.