reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part IV - Standards for Regulated Medical Waste Transfer Stations and Treatment Facilities › Section 9VAC20-121-270 - Periodic challenge testing

Current through Register Vol. 40, No. 24, July 15, 2024
A. After
				  initial validation testing and during routine operation, a regulated medical
				  waste treatment facility shall perform periodic challenge testing under full
				  loading to evaluate the effectiveness of each treatment device in accordance
				  with procedures outlined in the facility's approved treatment plan.
B. Periodic challenge testing shall be
				  performed in accordance with the following requirements:
1. Biological indicators shall be used to
				  periodically challenge test a load of regulated medical waste and must comply
				  with all requirements of
				  9VAC20-121-260 D, with the
				  exception of the quantity of biological indicators required under
				  9VAC20-121-260 D 7.
2. Periodic challenge testing must include at
				  least one-third of the number of appropriate biological indicators that are
				  required for the validation test, or two indicators, whichever is greater,
				  unless otherwise determined by the department. One or more additional
				  biological indicators from the same lot or batch shall be left untreated and
				  used as a control.
3. The results
				  of all periodic challenge testing shall be maintained for three years in
				  accordance with
				  9VAC20-121-340 and shall include:
a. Date and time of all challenge tests,
				  including the operator's name and cycle start and end times;
b. Number, type, batch or lot number,
				  expiration date, and placement of biological and thermochemical indicators;
				  and
c. Results of all methods used
				  to monitor operating parameters achieved throughout the treatment cycle,
				  including copies of charts, graphs, or other read-outs from the treatment
				  equipment and growth results of all treated indicators and untreated
				  controls.
4. Effective
				  treatment of regulated medical waste must be demonstrated by a 6
				  Log10 or greater reduction of spore concentrations in
				  all biological indicators in each periodic challenge test. A challenge test is
				  considered a failure if any of the following occurs:
a. Failure of any treatment process to
				  achieve operational parameters such as time, temperature, or
				  pressure;
b. Failure to achieve
				  microbial inactivation in any biological indicator during any treatment cycle.
				  All biological indicators must show passing results (no growth in the viable
				  spore concentration) after treatment or the challenge test is considered a
				  failure; or
c. Failure of the
				  untreated control indicator to show growth of the viable spore
				  concentration.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part IV - Standards for Regulated Medical Waste Transfer Stations and Treatment Facilities › Section 9VAC20-121-290 - Closure requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or
				  operator of a regulated medical waste management facility shall close the
				  facility in a manner that minimizes the need for further maintenance, and
				  controls, minimizes, or eliminates, to the extent necessary to protect human
				  health and the environment, the post-closure escape of regulated medical waste,
				  uncontrolled effluent, surface runoff, or waste decomposition products to the
				  groundwater, surface water, or atmosphere.
1.
				  When a unit that has been used for regulated medical waste management is to
				  cease operations involving regulated medical waste, the unit and all related
				  equipment, structures, and surfaces shall be thoroughly cleaned and
				  disinfected. Cleaning shall be conducted with detergent and water. At a
				  minimum, disinfection shall include using an EPA-registered hospital grade
				  disinfectant effective against mycobacteria in accordance with manufacturer's
				  label instructions, unless it can be demonstrated to the satisfaction of the
				  department that an alternate EPA-registered disinfectant will be protective of
				  human health and the environment and is appropriate for the type of regulated
				  medical waste managed and surfaces being disinfected.
2. All regulated medical waste, materials
				  contaminated with waste constituents, and treatment residue shall be removed
				  and disposed of in accordance with this chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part V - Permitting of Regulated Medical Waste Management Facilities › Section 9VAC20-121-300 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any facility
				  operated for the transfer or treatment of regulated medical waste that is not
				  exempt in accordance with this chapter, must hold a permit-by-rule from the
				  department prior to commencement of operations.
B. Each regulated medical waste management
				  facility permit-by-rule shall be limited to one site and shall be
				  nontransferable between sites.
C. A
				  new permit-by-rule is required when there is:
1. Any new regulated medical waste management
				  facility; or
2. Any change in
				  design or process of a regulated medical waste management facility that will
				  result in a different type of facility. These changes may include a change from
				  transfer to treatment facility, change of physical location, or change from
				  captive to non-captive facility.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part V - Permitting of Regulated Medical Waste Management Facilities › Section 9VAC20-121-310 - Permits by rule and emergency permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  subsection contains the requirements for permits-by-rule. The owner or operator
				  of a facility described in subdivision A 1 of this section shall be deemed to
				  have a regulated medical waste management facility permit if (i) the owner or
				  operator submits the completed DEQ Form RMW PBR, Regulated Medical Waste
				  Management Facility Permit-by-Rule Form, and all required information and
				  attachments as detailed in subdivision A 2 of this section, and (ii) the
				  department acknowledges completeness of the submittal per subdivision A 4 of
				  this section.
1. Except for exempt facilities
				  described in
				  9VAC20-121-300 E, the owner or
				  operator of the following regulated medical waste management facilities shall
				  apply for a permit-by-rule:
a. Regulated
				  medical waste transfer stations as defined by this chapter, including when a
				  vehicle transporting regulated medical waste will be parked for 24 hours or
				  more during transport;
b.
				  Facilities treating regulated medical waste employing a treatment method
				  described in
				  9VAC20-121-240; and
c. Facilities treating regulated medical
				  waste employing an alternate treatment method as described in
				  9VAC20-121-250.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part V - Permitting of Regulated Medical Waste Management Facilities › Section 9VAC20-121-320 - Effect of the permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. A regulated
				  medical waste treatment facility will be approved to perform its validation
				  protocol following determination of a complete permit-by-rule application in
				  accordance with the procedures outlined in
				  9VAC20-121-310. Before receipt of
				  waste by the facility, the permittee must:
1.
				  Arrange for a department representative to inspect the site to observe at least
				  one validation test run and perform validation testing in accordance with
				  approved protocols.
2. Submit to
				  the department for approval a summary of the validation test results
				  demonstrating the treatment effectiveness and specifying the operating
				  parameters based on the results of all validation test runs. The report shall
				  include the results of all validation test runs.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part V - Permitting of Regulated Medical Waste Management Facilities › Section 9VAC20-121-330 - Regulated medical waste management plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  permitted regulated medical waste management facilities, such as regulated
				  medical waste transfer stations or treatment facilities, shall prepare and
				  maintain a written regulated medical waste management plan. The plan shall
				  include a certification page signed by a responsible official. This signature
				  shall certify the plan meets the requirements of this chapter. The plan shall
				  be maintained in the operating record and shall be made available for review by
				  the department upon request. The plan shall include, at a minimum, the items in
				  subsections B through G of this section.
B. A written waste acceptance plan, which
				  includes, at a minimum:
1. Types and
				  quantities of regulated medical waste to be managed, including sources of the
				  waste and proposed service areas (if waste is accepted from offsite). The plan
				  shall identify:
a. Acceptable waste types for
				  treatment onsite (if applicable); and
b. Acceptable wastes types to be transferred
				  to another approved facility for treatment or management offsite. The plan
				  shall include a description of the offsite facility that will receive the
				  waste, including the name, address, and telephone number for the receiving
				  facility and how specific waste types will be managed.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part V - Permitting of Regulated Medical Waste Management Facilities › Section 9VAC20-121-340 - Recordkeeping and reporting required of a permittee

Current through Register Vol. 40, No. 24, July 15, 2024
A. Regulated
				  medical waste management facilities having coverage under a permit-by-rule
				  shall maintain and retain records and reports as required by this
				  chapter.
B. A facility shall retain
				  records whenever monitoring is required.
1.
				  The facility shall retain records of all monitoring information, including all
				  calibration and maintenance records and all original recordings for continuous
				  monitoring instrumentation, for at least three years from the sample or
				  measurement date. The director may request that this period be
				  extended.
2. Records of monitoring
				  information shall include:
a. The date, exact
				  place, and time of sampling or measurements;
b. The name of the individuals who performed
				  the sampling or measurements;
c.
				  The date analysis were performed;
d. The name of the individuals who performed
				  the analysis;
e. The analytical
				  techniques or methods used; and
f.
				  The results of such analyses.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part VI - Variance Application Procedures › Section 9VAC20-121-400 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				  affected by this chapter may apply to the department for a variance from any
				  requirement of this chapter. Variance determinations shall be subject to the
				  provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq.
				  of the Code of Virginia).
B. The
				  department shall not accept any variance application relating to:
1. Equivalent testing or analytical methods
				  contained in EPA Publication SW-846;
2. A change in the regulatory requirements
				  that the applicant is currently violating until such time as the violation has
				  been resolved through the enforcement process.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part VI - Variance Application Procedures › Section 9VAC20-121-410 - Variance to requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director
				  may grant a variance from any regulation contained in Part III (9VAC20-121-100
				  et seq.) through Part V (9VAC20-121-300 et seq.) of this chapter to an
				  applicant if the applicant demonstrates to the satisfaction of the director
				  that:
1.
a.
				  Strict application of the regulation to the facility will result in undue
				  hardship that is caused by the applicant's particular situation;
b. The alternate is equally protective of
				  human health and the environment as that provided for in the regulations;
				  or
c. Technical conditions exist
				  that make a strict application of the regulation difficult to achieve;
				  and
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part VI - Variance Application Procedures › Section 9VAC20-121-420 - Administrative procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Persons
				  requesting variance from a provision of this chapter shall submit an
				  application for such variance in accordance with this section.
1. All applications submitted to the director
				  shall include:
a. The applicant's name and
				  address;
b. A statement of
				  applicant's interest in the proposed action;
c. A description of the desired action and a
				  citation to the regulation from which a variance is requested;
d. A description of the need and
				  justification for the proposed action;
e. The duration of the variance, if
				  applicable;
f. The potential impact
				  of the variance on public health or the environment;
g. Other information believed by the
				  applicant to be pertinent; and
h.
				  The following statements signed by the applicant or his authorized
				  representative:
"I certify that I have personally examined and am familiar
					 with the information submitted in this application and all attached documents,
					 and that, based on my inquiry of those individuals immediately responsible for
					 obtaining the information, I believe that the submitted information is true,
					 accurate, and complete. I am aware that there are significant penalties for
					 submitting false information, including the possibility of fine and
					 imprisonment."
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part VI - Variance Application Procedures › Form - FORMS (9VAC20-121)

Current through Register Vol. 40, No. 24, July 15, 2024
Solid
					 Waste Management Facility Permit Applicant's Disclosure Statement (Cover
					 Sheet), DEQ Form DISC 01 (rev. 9/2020)
Solid
					 Waste Management Facility Permit Applicant's Disclosure Statement - Key
					 Personnel Statement, DEQ Form DISC 02 (rev. 9/2020)
Local
					 Government Certification Request, DEQ Form CERT 01 (rev. 8/2018)
Regulated
					 Medical Waste Management Facility Permit-by-Rule Form, DEQ Form RMW PBR (eff.
					 1/2022)
Application
					 for Evaluation and Approval of Regulated Medical Waste Treatment Technology,
					 DEQ Form RMWTP 01 (rev. 9/2018)
Statutory Authority: § 10.1-1402 of the Code of
						Virginia; 42 USC §
													6941 et seq.;
						40 CFR Part
						257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part VI - Variance Application Procedures › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC20-121)

Current through Register Vol. 40, No. 24, July 15, 2024
Managing
					 Solid Waste Contaminated with a Category A Infectious Substance (June 2022),
					 approved for publication by the National Security Council (NSC)-led Homeland
					 and Critical Infrastructure Resilience (HCIR) and Countering Biological Threats
					 (CBT) Interagency Policy Committees on June 3, 2022
Statutory Authority: § 10.1-1402 of the Code of
						Virginia; 42 USC §
													6941 et seq.;
						40 CFR Part
						257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-20 - Authority for regulations

Current through Register Vol. 40, No. 24, July 15, 2024
These regulations are promulgated pursuant to Chapter 14
				  (§ 10.1-1400 et seq. and specifically §§ 10.1-1402, 10.1-1411
				  and 10.1-1413.1 ) of Title 10.1 of the Code of Virginia, which authorizes the
				  Virginia Waste Management Board to promulgate and enforce such regulations as
				  may be necessary to carry out its duties and powers and the intent of the
				  Virginia Waste Management Act and the federal acts.
Statutory Authority
§ 10.1-1411 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-30 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
It is the policy of the Virginia Waste Management Board to
				  require each region designated pursuant to 9VAC20-130-92 through
				  9VAC20-130-100, as well
				  as each city, county, and town not part of such a region, to develop
				  comprehensive and integrated solid waste management plans that, at a minimum,
				  consider and address all components of the following hierarchy:
1. Source reduction;
2. Reuse;
3. Recycling;
4. Resource recovery
				(waste-to-energy);
5. Incineration;
				and
6. Landfilling.
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-40 - Purpose of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of these regulations is to:
1. Establish minimum requirements for solid
				waste management planning and recycling for protection of the public health,
				public safety, the environment, and natural resources throughout the
				Commonwealth; promote local and regional planning that provides for
				environmentally sound and compatible solid waste management with the most
				effective and efficient use of available resources;
2. Establish procedures and rules for
				designation of regional boundaries for solid waste management plans;
3. Establish state, local government,
				regional or area served by the plan responsible for meeting and maintaining the
				minimum recycling rates;
4.
				Establish the requirement in compliance with the Virginia Waste Management Act,
				§§ 10.1-1411 and 10.1-1408.1D 1 (vi) of the Code of Virginia, for
				withholding issuance of permits for solid waste management facility;
				and
5. Provide for reasonable
				variance and exemptions.
Statutory Authority
§ 10.1-1411 of the Code of Virginia; 42 USC §
					 6942(b), 40 CFR Parts 255 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-50 - Administration of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The director is authorized and directed to administer and
				  enforce these regulations in accordance with the Virginia Waste Management Act,
				  §§ 10.1-1400 through 10.1-1457 of the Code of
				  Virginia.
Statutory Authority
§ 10.1-1411 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-60 - Applicability of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				This chapter applies to all cities, counties, towns, designated solid waste
				planning units (under 9VAC20-130-92 ), and permitted solid waste facilities
				within the solid waste planning unit, including those facilities covered under
				permit by rule procedures found in 9VAC20-81. Any city, county, and town may
				mutually agree to unite for the purpose of solid waste management planning, and
				upon joint written notification to the department shall be deemed to be a solid
				waste planning unit for development of a solid waste management plan.
B. Cities, counties, and towns may be
				represented by a planning district, public service authority, or designated
				region that has been adopted under
				9VAC20-130-90
				B.
C. The plan may (subject to
				statutory authority) specify that all solid waste must be recycled at the rate
				established by the plan regardless of the point of origin of the solid waste.
				Solid wastes from both public and private sources shall be subject to such
				requirement.
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-90 - Relationship to other bodies of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter is a solid waste planning and
				recycling regulation that specifies minimum standards and planning requirements
				for solid waste management in the Commonwealth, including solid waste
				management planning by regional or local governmental entities of the
				Commonwealth and assessment of solid waste management in the Commonwealth. If
				there is a mutually exclusive conflict between this chapter and other adopted
				nonhazardous solid waste management regulations of this agency, the provisions
				of this chapter are superior. In any detail where there exists no mutually
				exclusive conflict between this chapter and other regulations of the board,
				compliance with all regulations is required.
B. Multi-jurisdictional plans developed in
				fulfillment of the requirements of this chapter must be adopted under authority
				of the Regional Cooperation Act (Chapter 42 (§ 15.2-4200 et seq.) of Title
				15.2 of the Code of Virginia), the Virginia Water and Waste Authorities Act
				(Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2 of The Code of Virginia),
				the provisions of the Code of Virginia governing joint exercise of powers by
				political subdivisions (§ 15.2-1300 ), or other authority as
				applicable.
C. If there is a
				mutually exclusive conflict between this chapter and the Virginia Hazardous
				Waste Management Regulations, the provisions of the hazardous waste regulations
				are superior. In any detail where no such mutually exclusive conflict exists,
				compliance with all regulations is required.
Statutory Authority
§ 10.1-1411 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-92 - Designation of solid waste planning units

Current through Register Vol. 40, No. 24, July 15, 2024
The director has been authorized by the Governor to designate
				  regional boundaries defining areas and jurisdictions to be considered for joint
				  development of solid waste management plans. Only those solid waste planning
				  units meeting the standards established in this chapter will be considered. Any
				  group of jurisdictions may petition the director for designation as a solid
				  waste planning unit, and if the proposed region meets the standards established
				  for designation, the director shall approve the request.
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-94 - Considerations in designating solid waste unit boundaries

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following shall be considered in
				designating solid waste planning unit boundaries:
1. Geographic areas or jurisdictions that
				have a history of cooperating to solve problems in environmental or other
				related matters;
2. Existing
				regional management systems, authorities, or similar institutions;
3. The size, configuration, and location of
				the regional areas should have sufficient solid waste contribution and market
				availability to support the solid waste management system;
4. Solid waste types within areas and
				mutuality of solid waste management interests;
5. Geologic, hydrologic, soil, and
				groundwater conditions; availability of land and soils; and natural barriers
				and ecosystems; and
6. Existing
				planning areas established for purposes other than solid waste management
				including the existence of informational databases containing data related to
				that needed for solid waste management planning and recycling.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-96 - Criteria for designating a solid waste planning unit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director may authorize an official
				committee or public body as authorized to develop, adopt, and promulgate the
				solid waste management plan.
B.
				Prospective solid waste planning units shall have:
1. Demonstrated ability to plan, manage, or
				operate solid waste management and recycling services; or
2. Completed planning that resulted in
				successful implementation of solid waste management and recycling facilities or
				services.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-98 - Development of designated solid waste planning units

Current through Register Vol. 40, No. 24, July 15, 2024
A. At least 14 days prior to designating a
				regional boundary for solid waste management planning, the department shall
				place a notice of the proposed regional boundary and an opportunity to comment
				in the Virginia Register of Regulations and in a newspaper of general
				circulation within the proposed solid waste planning unit.
B. If as a result of the notices required by
				subsection A of this section, the director finds a need exists to hold a public
				hearing on the issues, a public hearing shall be held in the proposed region
				prior to the designation. At least 14 days prior to the public hearing, a
				notice of the public hearing shall appear in the same publications as the
				notice under subsection A of this section.
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-100 - Amendment of solid waste planning unit boundaries

Current through Register Vol. 40, No. 24, July 15, 2024
The director may amend a solid waste planning unit's boundary
				  based on an application from the governing body of the solid waste planning
				  unit. Along with the application, each locality (within the original region and
				  any locality being added) must submit a letter acknowledging the change in the
				  boundary. Once the director amends a solid waste planning unit's boundary, the
				  solid waste planning unit must amend the solid waste management plan as
				  required by
				  9VAC20-130-175.
				  Any locality that withdraws membership from a regional solid waste planning
				  unit must become a member of an existing solid waste planning unit or develop
				  and submit a solid waste management plan for approval as specified in
				  9VAC20-130-110.
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-120 - Planning requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Basic
				planning elements:
1. Objectives for solid
				waste management within the planning unit;
2. A discussion as to how the plan will be
				implemented and tracked, consisting of an integrated waste management strategy
				to support and promote the hierarchy set forth at
				9VAC20-130-30; and giving
				preference to alternatives in the following order of priority: source
				reduction, reuse, recycling, resource recovery, incineration, and
				landfilling;
3. Definition of
				incremental stages of progress toward the objectives and schedule for their
				implementation, including, for compliance with
				9VAC20-81-450,
				specific solid waste management facility names, facility capacities, and life
				based on 20-year need;
4. Strategy
				for the provision of necessary funds and resources;
5. Descriptions of the funding and resources
				necessary, including consideration of fees dedicated to future facility
				development;
6. Strategy for public
				education and information on source reduction, reuse, and recycling;
				and
7. Consideration of public and
				private sector partnerships and private sector participation in execution of
				the plan. Existing private sector recycling operations should be incorporated
				in the plan, and the expansion of such operations should be
				encouraged.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-125 - Recycling requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				solid waste planning unit shall maintain a minimum recycling rate for municipal
				solid waste generated within the solid waste planning unit pursuant to the
				following schedule:
1. Except as provided in
				subdivision 2 of this subsection, each solid waste planning unit shall maintain
				a minimum 25% recycling rate; or
2.
				Each solid waste planning unit shall maintain a minimum 15% recycling rate if
				it has (i) a population density rate of less than 100 persons per square mile
				according to the most recent United States Census or (ii) a not seasonally
				adjusted civilian unemployment rate for the immediately preceding calendar year
				that is at least 50% greater than the state average as reported by the Virginia
				Employment Commission for such year.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-130 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				solid waste planning unit shall provide for public participation during plan
				development through such means as public meetings or citizen advisory
				committees.
B. Prior to submission
				of a plan or major amendment the solid waste planning unit shall publish a
				notice and hold a public hearing on the plan. When the solid waste planning
				unit represents multiple government units, the unit submitting a major plan
				amendment(s) needs to conduct the above public participation requirements only
				in the county or locality involved in the major amendment. A record of the
				public hearing, a copy of all written comments and the submitter's response to
				all comments received shall be submitted with the plan or plan
				amendment.
Statutory Authority
§ 10.1-1411 of the Code of Virginia; 42 USC §
					 6942(b), 40 CFR Parts 255 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-165 - Recycling data reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Each solid waste planning unit or locality with a population of greater than
				100,000 persons according to the most recent United States census shall prepare
				and submit a recycling survey report to the department by April 30 of each
				year.
B. Each solid waste planning
				unit or locality with a population of 100,000 or less according to the most
				recent United States census shall prepare and submit a recycling survey report
				to the department once every four years. These recycling survey reports shall
				include only information for the most recent single year. The first reports
				submitted pursuant to this subsection shall be submitted by April 30, 2013, for
				the reporting year ending December 31, 2012. Thereafter, recycling survey
				reports shall be submitted by April 30 of every fourth year (i.e., 2017, 2021,
				2025, and so on).
C. The recycling
				survey report required by subsections A and B of this section shall include the
				data and calculations required in
				9VAC20-130-125 A, B, and
				C.
Statutory Authority
§ 10.1-1411 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-173 - Maintenance of solid waste management plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. Solid waste management planning units are
				required to maintain current solid waste management plans containing a 20-year
				planning window.
B. On or before
				each five-year anniversary of the department's plan approval date, the planning
				unit shall submit a letter to the department, by mail or electronic mail,
				certifying that the following plan elements listed in
				9VAC20-130-120
				C have been maintained and updated:
1. Waste
				generation estimates are current (9VAC20-130-120
				C 3);
2. The schedule increments
				have been met (9VAC20-130-120
				C 5); and
3. A projected 20-year
				waste management capacity remains available or projects otherwise are on
				schedule to meet the planning unit's solid waste needs (9VAC20-130-120
				C 9).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-175 - Amendments to plans

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Amendments to the plans shall be classified as major or minor as described in
				this section .
B. Major amendments.
1. Major amendments shall include:
a. Any addition, deletion, or cessation of
				operation of any solid waste disposal facility;
b. Any increase in landfill
				capacity;
c. Any change that moves
				toward implementation of a waste management strategy that is lower in the waste
				management hierarchy;
d. Action
				plans, including an action plan to address a planning unit's recycling rate
				that has fallen below the statutory minimum; or
e. Any change to membership in the approved
				area. Director approval of changes to planning unit boundaries, as described in
				9VAC20-130-100, shall
				occur prior to submission of solid waste plan amendments to revise plan
				membership.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-180

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-190

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-200

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-210

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-220

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-230 - Petitioning for variance or exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person regulated by this chapter may
				petition the director to grant a variance or an exemption from any requirement
				of this chapter subject to the provisions of this section. Any petition
				submitted to the department is also subject to Chapter 40 (§
									2.2-4000 et
				seq.) of Title 2.2 of the Code of Virginia.
B. The director may grant the variance or an
				exemption provided the applicant demonstrates to the satisfaction of the
				director that the solid waste planning unit has demonstrated that it has made a
				good faith effort to comply with the minimum recycling rates and with the
				requirements of this chapter before that unit petitioned for a variance and:
1. If the minimum recycling rate is addressed
				in the petition, and strict application of the minimum recycling rates will
				result in undue hardship as a result of the solid waste planning unit's
				particular market conditions that are beyond the planning unit's control;
				or
2. If the recycling rate is not
				addressed in the petition, granting the variance will not have an adverse
				impact on the integrity of the overall solid waste management plan.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Form - FORMS (9VAC20-130)

Current through Register Vol. 40, No. 24, July 15, 2024
Locality
				  Recycling Rate Report, DEQ Form 50-0 (rev. 12/2018)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC20-130)

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											10.1-1411
					 of the Code of Virginia;
					 42 USC §
												6942(b); 40 CFR Parts 255
					 and 256.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part I - Definitions › Section 9VAC20-140-10 - Definition incorporated by reference

Current through Register Vol. 40, No. 24, July 15, 2024
The definitions set out in Part I of the Solid Waste
					 Management Regulations (9VAC20-81) are incorporated by
					 reference.
Statutory Authority
§§ 10.1-1402, 10.1-1411, and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part I - Definitions › Section 9VAC20-140-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms have, for the purpose of this chapter,
					 the following meaning:
"Act" means the Virginia Waste Management Act.
"Applicant" means any and all persons seeking certification
					 of recycling machinery and equipment for tax exemption purposes.
"Certification" means a signed statement by the director of
					 the Department of Environmental Quality that the identified machinery and
					 equipment qualify as integral to the recycling process.
"Department" means the Department of Environmental
					 Quality.
"Director" means the director of the Department of
					 Environmental Quality.
"Fixed location" means a site at which the processing or
					 manufacturing is accomplished on a continuing basis.
"Integral to the recycling process" means that the
					 machinery and equipment or system of machinery and equipment is used primarily
					 to process recyclable material to meet a manufacturer's material input
					 specifications or to incorporate recyclable material into a manufacturing
					 process.
"Machinery and equipment" means a mechanical unit or system
					 which processes material.
"Person" means an individual, corporation, partnership,
					 association, or any other legal entity.
"Primarily" means over 50% of time, of usage, or of other
					 appropriate measure.
"Process" or "processing" means preparation, treatment, or
					 conversion of a product or material by an action, change or function or a
					 series of actions, changes or functions that bring about a desired end
					 result.
"Purchase price" means the amount for which the machinery
					 and equipment is purchased, excluding (i) any cash discount allowed and taken,
					 (ii) installation charges or the cost of installation, (iii) transportation
					 charges, or (iv) charges for maintenance agreements or contracts.
"Recyclable" means capable of being diverted or reclaimed
					 from the waste stream and prepared for further beneficial use through the
					 recycling process.
"Recycled" means having reached the end of one useful life
					 or one intended purpose, and then being converted and utilized as a raw
					 material in the production of another product which may or may not be similar
					 to the original product. The resultant manufactured product is said to have
					 recycled content.
"Recycling" means the process of separating a given product
					 or material from the waste stream and processing it so that it is used again as
					 material input for a product which may or may not be similar to the original
					 product.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part II - Legislative Authority and General Information › Section 9VAC20-140-40 - Purpose of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this regulation is to establish the
					 procedure for certification of recycling machinery and equipment as integral to
					 the recycling process and for use primarily for the purpose of abating or
					 preventing pollution of the atmosphere or waters of the Commonwealth, and used
					 in manufacturing facilities or plant units which manufacture, process,
					 compound, or produce for sale recyclable items of tangible personal property at
					 fixed locations in the Commonwealth. Such certification would allow the
					 purchaser of such machinery and equipment to apply for an exemption from
					 personal property taxes as authorized by the local taxing
					 authority.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part II - Legislative Authority and General Information › Section 9VAC20-140-50 - Administration of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
The director of the department is authorized to administer
					 this regulation in accordance with the Virginia Waste Management Act,
					 §§ 10.1-1400 through 10.1-1457 of the Code of
					 Virginia.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part II - Legislative Authority and General Information › Section 9VAC20-140-60 - Applicability of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter will be applicable to any applicant to the
					 department for machinery and equipment certification, providing that this
					 person has incurred or will incur a tax liability to which the tax exemption
					 can be applied.
Statutory Authority
§§ 10.1-1402, 10.1-1411 and 58.1-3661 of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 140 - REGULATIONS FOR THE CERTIFICATION OF RECYCLING MACHINERY AND EQUIPMENT FOR TAX EXEMPTION PURPOSES › Part III - Machinery and Equipment Qualifications › Section 9VAC20-140-70 - Machinery and equipment

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Qualifying recycling machinery and equipment including any piece or system of
				  machinery or equipment used at a fixed location primarily to process recyclable
				  materials into a product suitable for sale. Such processing may include, but is
				  not limited to, flattening, shredding, melting, pulping, compaction,
				  granulation, liquification or classification.
B. Qualifying recycling machinery and
				  equipment also include any piece or system of machinery or equipment in a
				  manufacturing facility primarily used to incorporate recycled material into a
				  manufacturing process.
C. The
				  following shall not qualify as recycling machinery and equipment:
1. Machinery and equipment used in the
				  preparation of all or any part of the municipal solid waste (MSW) stream for
				  the purpose of combustion, unless otherwise determined by the director to have
				  significant recycling intent.
2.
				  Nonprocessing or nonmanufacturing machinery and equipment.
3. Buildings or other structures.