Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-260 - Corrective action program

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Corrective action is required whenever one or more groundwater protection
				  standard is exceeded at statistically significant levels. An owner or operator
				  of a landfill may elect to initiate corrective action at any time; however,
				  prior to such initiation, the appropriate groundwater protection standards for
				  all Table 3.1 constituents shall be established consistent with
				  9VAC20-81-250 A 6. At any time
				  during the corrective action process, the owner or operator may elect to
				  pursue, or the director can determine that, interim measures as defined under
				  subsection F of this section are required in accordance with subdivision E 3 of
				  this section.
B. The director may
				  require periodic progress reports when a corrective action program is required
				  but not yet implemented.
C.
				  Characterization and assessment requirements.
1. Upon notifying the department that one or
				  more of the constituents listed in Table 3.1 Column B has been detected at a
				  statistically significant level exceeding the groundwater protection standards,
				  the owner or operator shall, unless department approval of an Alternate Source
				  Demonstration has been received as noted under
				  9VAC20-81-250 B 3 f (3) (a) (ii) or
				  9VAC20-81-250 C 3 e (3) (a) (ii):
a. Characterization. Within 90 days, install
				  additional monitoring wells as necessary sufficient to define the vertical and
				  horizontal extent of the release of constituents at statistically significant
				  levels exceeding the groundwater protection standards including the
				  installation of at least one additional monitoring well at the facility
				  boundary in the direction of contaminant migration.
b. Notification. Notify all persons who own
				  the land or reside on the land that directly overlies any part of the release
				  if contaminants have migrated offsite as indicated by the results of sampling
				  of the characterization wells installed under subdivision 1 a of this
				  subsection within 15 days of completion of the characterization sampling and
				  analysis efforts.
c. Assessment.
				  Within 90 days, initiate an assessment of corrective measures or a proposal for
				  presumptive remedy.
d. Financial
				  assurance. Within 120 days, provide additional financial assurance in the
				  amount of $1 million to the department using the mechanisms required in
				  9VAC20-70-140 of the Financial
				  Assurance Requirements for Solid Waste Disposal, Transfer, and Treatment
				  Facilities.
e. Public meeting.
				  Prior to submitting the document required under subdivision 1 f of this
				  subsection, schedule and hold a public meeting to discuss the draft results of
				  the corrective measures assessment or the proposal for presumptive remedy,
				  prior to the final selection of remedy. The meeting shall be held to the extent
				  practicable in the vicinity of the landfill. The process to be followed for
				  scheduling and holding the public hearing is described under subdivision 4 of
				  this subsection.
f. Submission
				  requirements. Within 180 days, submit the completed assessment of corrective
				  measures defined under subdivision 3 of this subsection, or the proposal for
				  presumptive remedies defined under subdivision 2 of this subsection, including
				  any responses to public comments received.
g. Director allowance. The submission
				  timeframe noted in subdivision 1 f of this subsection may be extended by the
				  director for good cause upon request of the owner or operator.