Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part I - General › Article 2 - Definitions › Section 9VAC20-40-40 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Section 10.1-1433 of the Code of Virginia defines several
						words and terms which are used in this chapter. Unless the context clearly
						indicates otherwise, those words and terms will have the same meaning when used
						in this chapter. In addition, the following words and terms, when used in this
						chapter, shall have the following meanings unless the context clearly indicates
						otherwise:
"Act" means §§ 10.1-1433 through 10.1-1449 of
						the Code of Virginia.
"Affected communities" means those counties, cities or
						towns contiguous to the host community which may be affected by the siting of a
						hazardous waste facility in the host community.
"Applicant" means the person applying for a certification
						of site suitability or submitting a notice of intent to apply for that. The
						applicant must be the person that intends to own or operate the proposed
						facility.
"Application" means an application to the board for a
						certification of site suitability.
"Board" means the Virginia Waste Management Board.
"Certification of site suitability" or "certification"
						means the certification issued by the board pursuant to Chapter 14 (§
						10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.
"Construct" or "construction" means (i) with respect to
						new facilities, the significant alteration of a site to install permanent
						equipment or structures or the installation of permanent equipment or
						structures; or (ii) with respect to existing facilities, the alteration or
						expansion of existing structures or facilities to initially accommodate
						hazardous waste, any expansion of more than 50% of the area or capacity of an
						existing hazardous waste facility, or any change in design or process of a
						hazardous waste facility that will, in the opinion of the board, result in a
						substantially different type of facility. It does not include preliminary
						engineering or site surveys, environmental studies, site acquisition,
						acquisition of an option to purchase or activities normally incident to
						that.
"Criteria" means the criteria adopted by the board,
						pursuant to § 10.1-1436 of the Code of Virginia.
"Department" means the Virginia Department of
						Environmental Quality.
"Disposal" means the discharge, deposit, injunction,
						dumping, spilling, leaking or placing of any solid waste or hazardous waste
						into or on any land or water so that such solid waste or hazardous waste or any
						constituent thereof may enter the environment or be emitted into the air or
						discharged into any waters, including groundwaters.
"Emergency situation" means where an imminent and
						substantial endangerment to human health or the environment is
						determined.
"Fund" means the technical assistance fund created
						pursuant to § 10.1-1448 of the Code of Virginia.
"Hazardous waste" means a solid waste classified as a
						hazardous waste by the Virginia Hazardous Waste Management Regulations,
						9VAC20-60.
"Hazardous waste facility" or "facility" means any
						facility, including land and structures, appurtenances, improvements and
						equipment for the treatment, storage or disposal of hazardous wastes, which
						accepts hazardous waste for storage, treatment or disposal. For the purposes of
						this chapter, it does not include:
(i) facilities which are owned and operated by and
						exclusively for the on-site treatment, storage or disposal of wastes generated
						by the owner or operator;
(ii) facilities for the treatment, storage or disposal
						of hazardous wastes used principally as fuels in an on-site production process;
						and
(iii) facilities used exclusively for the pretreatment
						of wastes discharged directly to a publicly-owned sewage treatment
						works.
"Hazardous waste management facility permit" means the
						permit for a hazardous waste management facility issued by the director or the
						U.S. Environmental Protection Agency.
"Host community" means any county, city or town within
						whose jurisdictional boundaries construction of a hazardous waste facility is
						proposed.
"On-site" means facilities that are located on the same
						or geographically contiguous property which may be divided by public or private
						right-of-way, and the entrance and exit between the contiguous properties are
						at a crossroads intersection so that the access is by crossing, as opposed to
						going along, the right-of-way. On-site also means noncontiguous properties
						owned by the same person but connected by a right-of-way which the owner
						controls and to which the public does not have access.
"Operating characteristics": These include, but are not
						limited to:
1. Brief description of the nature of the business of the
						facility, including an estimate of the size of the business (number of
						employees, etc.);
2. Specification of each hazardous waste involved in the
						operation of the facility and an estimate of the annual quantity of
						each;
3. Description of the physical facility (number and size
						of buildings, tanks and other structures);
4. General description of the process to be used in the
						treatment, storage, or disposal or both of each hazardous waste;
5. Description of the anticipated traffic to and from the
						facility (number, type, and capacity of those vehicles transporting hazardous
						waste as well as other types of vehicles);
6. Short and long term projections for the facility,
						including its projected life expectancy; and
7. Any other relevant information which will assist the
						board and other persons to gain a clear understanding of the nature and
						operation of the facility.
"Operator" means a person who is responsible for the
						overall operation of a facility.
"Owner" means a person who owns a facility or a part of a
						facility.
"Person" means an individual, trust, firm, joint stock
						company, corporation, including a government corporation, partnership,
						association, state, municipality, commission, political subdivision of a state,
						interstate body or federal government agency.
"Site plan" means a design of the proposed facility and
						site. The site plan must accurately represent all structures of the proposed
						facility. If the site has existing structures, the site plan must designate
						these and specify the alterations to be made to each. The site plan shall also
						include a topographic map showing a distance of 1,000 feet around the facility
						at a scale of 2.5 centimeters (one inch) equal to not more than 61.0 meters
						(200 feet). Contours shall be shown on the map. The contour interval shall be
						sufficient to clearly show the pattern of surface water flow in the vicinity of
						and from each operational unit of the facility, for example, contours with an
						interval of 1.5 meters (five feet), if relief is greater than 6.1 meters (20
						feet) or an interval of 0.6 meters (two feet), if relief is less than 6.1
						meters (20 feet). Owners and operators of facilities proposed in mountainous
						areas should use a larger contour interval to adequately show topographic
						profiles of facilities. The map shall clearly show the following:
1. Map scale and date;
2. 100 year floodplain area;
3. Surface waters including intermittent streams;
4. Surrounding land uses (residential, commercial,
						agricultural, recreational);
5. A wind rose (i.e., prevailing wind speed and
						direction);
6. Orientation of the map (north arrow);
7. Legal boundaries of the facility site;
8. Access control (fences and gates);
9. Injection and withdrawal wells, both on-site and
						off-site;
10. Buildings; treatment, storage, or disposal
						operations; or other structures (recreation areas, run-off control systems,
						access and internal roads; storm, sanitary, and process sewerage systems;
						loading and unloading areas; fire control facilities, etc.);
11. Barriers for drainage or flood control;
12. Location of operational units within the facility
						site where hazardous waste is proposed to be treated, stored or disposed,
						including equipment cleanup areas; and
13. Such additional information as the board deems
						necessary to carry out its duties as required by the Act.
"Solid waste" means any garbage, refuse, sludge and other
						discarded material, including solid, liquid, semisolid or contained gaseous
						material resulting from industrial, commercial, mining and agricultural
						operations and from community activities but does not include (i) solid or
						dissolved material in domestic sewage; (ii) solid or dissolved material in
						irrigation return flows or in industrial discharges which are sources subject
						to a permit from the State Water Control Board, or (iii) source, special
						nuclear, or byproduct material as defined by the Federal Atomic Energy Act of
						1954 (42 USCS § 2011 et seq.), as amended.
"Storage" means the containment or holding of hazardous
						wastes pending treatment, recycling, reuse, recovery or disposal.
"Treatment" means any method, technique or process,
						including incineration or neutralization, designed to change the physical,
						chemical or biological character or composition of any hazardous waste to
						neutralize it or to render it less hazardous or nonhazardous, safer for
						transport, amenable to recovery or storage, or reduced in volume. Such term
						includes any activity or processing designed to change the physical form or
						chemical composition of a hazardous waste so as to render it less hazardous or
						nonhazardous.
Statutory Authority: §§ 10.1-1434 and
						  10.1-1436 of the Code of Virginia.