reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part VIII - Requirements for the Management of Coal Combustion Residual › Section 9VAC20-81-810 - Permits for CCR landfills and CCR surface impoundments

Current through Register Vol. 40, No. 24, July 15, 2024
A. CCR landfills
				  are a specific type of industrial landfill. Permit requirements for industrial
				  landfills are outlined in Part III (9VAC20-81-100 et seq.) and Part V
				  (9VAC20-81-400 et seq.) of this
				  chapter and must be complied with in addition to the requirements applicable to
				  CCR landfills found in this part. Existing CCR landfills shall submit a
				  complete permit application no later than October 17, 2017. Owners and
				  operators of new CCR landfills are required to submit to the director a permit
				  application for an industrial landfill that meets the requirements of this
				  chapter and receive a permit for an industrial landfill prior to the initial
				  receipt of CCR in the CCR unit. An application for a CCR landfill or lateral
				  expansion of a CCR landfill shall include the following:
1. Location restriction demonstrations
				  required by 40 CFR
				  257.60, 40 CFR 257.61,
				  40 CFR
				  257.62, 40 CFR 257.63, and
				  40 CFR
				  257.64, as applicable;
2. Description of the CCR landfill's design
				  criteria required by 40 CFR
				  257.70 (new CCR landfill or lateral expansion
				  of a CCR landfill);
3. Description
				  of how the CCR landfill's operating criteria required by
				  40 CFR
				  257.80, 40 CFR 257.81, and
				  40 CFR
				  257.84 are met;
4. Explanation of how groundwater monitoring
				  and corrective action criteria required by
				  40 CFR
				  257.90, 40 CFR 257.91,
				  40 CFR
				  257.93, 40 CFR 257.94,
				  40 CFR
				  257.95, 40 CFR 257.96,
				  40 CFR
				  257.97, and 40 CFR 257.98 are met;
5. Explanation of how closure and
				  post-closure care requirements found in
				  40 CFR
				  257.101, 40 CFR 257.102,
				  40 CFR
				  257.103, and 40 CFR 257.104 will be
				  met;
6. Website address for
				  information required to be posted by
				  40 CFR
				  257.105, 40 CFR 257.106, and
				  40 CFR
				  257.107; and
7. Part III requirements concerning
				  industrial landfills. If more than one standard is listed, the more stringent
				  standard is to be complied with unless the director has granted a variance to a
				  more stringent state specific standard.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part VIII - Requirements for the Management of Coal Combustion Residual › Section 9VAC20-81-820 - Inactive CCR surface impoundments

Current through Register Vol. 40, No. 24, July 15, 2024
A. Inactive CCR surface impoundments are
				  subject to all the requirements of an existing CCR surface impoundment in
				  accordance with 40 CFR
				  257.100(a).
B. Inactive CCR surface impoundments are
				  eligible for the alternative timeframes specified in
				  40 CFR
				  257.100(e)(2) through (e)(6)
				  if the owner or operator:
1. Prepared and
				  placed in the facility's operating record by December 17, 2015, a notification
				  of intent to initiate closure of the inactive CCR surface
				  impoundment;
2. Provided
				  notification to the director by January 19, 2016, of the intent to initiate
				  closure of the inactive CCR surface impoundment; and
3. Placed on its CCR website by January 19,
				  2016, the notification of intent to initiate closure of the inactive CCR
				  surface impoundment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part I - Definitions › Section 9VAC20-85-10 - Definitions as established in Solid Waste Management Regulations.

Current through Register Vol. 40, No. 24, July 15, 2024
The definitions set out in the Solid Waste Management
					 Regulations, 9VAC20-81, are incorporated by reference.
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 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part II - Purpose and Applicability › Section 9VAC20-85-30 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to provide for the use of
					 fossil fuel combustion products including coal combustion byproducts (CCB) and
					 to establish appropriate standards for siting, design, construction, operation,
					 and administrative procedures pertaining to their use, reuse, or
					 reclamation.
Statutory Authority
§ 10.1-1402 of the Code of Virginia, 42 USC §
						6941 and 40 CFR Part 257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part II - Purpose and Applicability › Section 9VAC20-85-50 - Relationship to other regulations

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter does not affect the Solid Waste Management
					 Regulations, 9VAC20-81, or other pertinent regulations of the department or
					 other agencies of the Commonwealth, except that persons subject to and in
					 compliance with this chapter are exempt from the Solid Waste Management
					 Regulations and the Financial Assurance Regulations for Solid Waste Facilities,
					 9VAC20-70, for those activities covered by this chapter.
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part II - Purpose and Applicability › Section 9VAC20-85-60 - Enforcement and appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  administrative enforcement and appeals taken from actions of the department
				  relative to the provisions of this chapter shall be governed by the Virginia
				  Administrative Process Act (§ 2.2-4000 et seq. of the Code of
				  Virginia).
B. The owner or operator
				  of the fossil fuel combustion products site who violates any provision of this
				  chapter will be considered to be operating an unpermitted facility as provided
				  for in 9VAC20-81-40 of the Solid Waste
				  Management Regulations and shall be required to either obtain a permit as
				  required by Part V or close under Part III of 9VAC20-81.
C. The requirement to obtain a permit or to
				  close the project shall not preclude additional action for remediation or
				  enforcement, including (without limitations) the assessment of civil charges or
				  civil penalties, as is otherwise authorized by law.
Statutory Authority
§ 10.1-1402 of the Code of Virginia, 42 USC §
						6941; 40 CFR Part 257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part III - Management Standards › Article 1 - Locational Restrictions › Section 9VAC20-85-70 - Locational restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
Fossil fuel combustion products used, reused, or
						reclaimed on or below ground shall not be placed:
1. In areas subject to base floods unless it
					 can be shown that fossil fuel combustion products can be protected from
					 inundation or washout and that flow of water is not restricted, except for
					 unamended coal combustion byproduct, which shall not be placed in areas subject
					 to base floods;
2. With the
					 vertical separation between the fossil fuel combustion products and the maximum
					 seasonal water table less than five feet or bedrock less than two
					 feet;
3. Closer than:
a. 100 feet of any perennial
					 stream,
b. 100 feet of any water
					 well (other than a monitoring well) in existence at the onset of the
					 project,
c. 25 feet of a bedrock
					 outcrop, unless the outcrop is properly treated to minimize infiltration into
					 fractured zones,
d. 100 feet of a
					 sinkhole, or
e. 25 feet from any
					 property boundary or, in the case of projects permitted by the Virginia
					 Department of Energy, 25 feet from the permit boundary (All distances are to be
					 measured in the horizontal plane.);
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part III - Management Standards › Article 3 - Operations › Section 9VAC20-85-90 - Operations

Current through Register Vol. 40, No. 24, July 15, 2024
The owner or operator of a fossil fuel combustion
						products site shall prepare an operation plan. At a minimum, the plan shall
						address the requirements contained in this section.
1. Tracking of mud or fossil fuel combustion
					 products onto public roads from the site shall be controlled at all times to
					 minimize nuisances.
2. The addition
					 of any solid waste including but not limited to hazardous, infectious,
					 construction, debris, demolition, industrial, petroleum-contaminated soil, or
					 municipal solid waste to fossil fuel combustion products is prohibited. This
					 prohibition does not apply to solid wastes from the extraction, beneficiation
					 and processing of ores and minerals conditionally exempted under
					 9VAC20-81-95 E 3 of the Solid Waste
					 Management Regulations.
3. Fugitive
					 dust shall be controlled at the site so it does not constitute nuisances or
					 hazards.
4. After preparing the
					 subbase, fossil fuel combustion products shall be placed uniformly and
					 compacted to standards, including insitu density, compaction effort and
					 relative density as specified by a registered professional engineer based on
					 the intended use of the fossil fuel combustion products. The placement and
					 compaction of CCB on coal mine sites shall be subject to the applicable
					 requirements of the Coal Surface Mining Reclamation Regulations,
					 4VAC25-130.
5. A surface run on and
					 runoff control program shall be implemented to control and reduce the
					 infiltration of surface water through the fossil fuel combustion products and
					 to control the runoff from the placement area to other areas and to surface
					 waters.
6. Runoff shall not be
					 permitted to drain or discharge into surface waters except when in accordance
					 with 9VAC25-10, of the State Water Control Board, or otherwise approved by the
					 department.
7. Fossil fuel
					 combustion products site development shall be in accordance with the Erosion
					 and Sediment Control Regulations, 9VAC25-840, or the Coal Surface Mining
					 Reclamation Regulations, 4VAC25-130, as applicable.
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 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part III - Management Standards › Article 4 - Closure › Section 9VAC20-85-100 - General

Current through Register Vol. 40, No. 24, July 15, 2024
Upon reaching the final grade, the owner or operator of a
						fossil fuel combustion products site shall close his project in a manner that
						minimizes the need for further maintenance.
Statutory Authority
§ 10.1-1402 of the Code of Virginia, 42 USC §
						  6941 and 40 CFR Part 257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part III - Management Standards › Article 4 - Closure › Section 9VAC20-85-110 - Exemptions from the closure requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or operator of a site that
					 constructs a building, a paved roadway, a paved parking surface, paved walkways
					 and sidewalks, or other similar structures on top of the fill within a
					 reasonable time period of reaching the final grade not to exceed 12 months
					 shall be exempt from the requirements of this article for the portions of the
					 fossil fuel combustion products site directly under the construction
					 area.
B. An operator of a coal mine
					 site permitted by the Virginia Department of Energy who is reclaiming a site in
					 conformance with the Coal Surface Mining Reclamation Regulations (4VAC25-130)
					 shall be exempt from the closure requirements contained in the
					 section.
Statutory Authority: § 10.1-1402 of the Code of
						  Virginia;
						  42 USC §
														6941; 40 CFR Part
						  257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part III - Management Standards › Article 4 - Closure › Section 9VAC20-85-120 - Closure criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 owner or operator shall install a final cover system that is designed and
					 constructed to:
1. Minimize infiltration
					 through the closed fossil fuel combustion products site by the use of an
					 infiltration layer that contains a minimum 12 inches of earthen material;
					 and
2. Minimize erosion of the
					 final cover by the use of an erosion control layer that contains a minimum of
					 six inches of earthen material and is capable of sustaining the growth of
					 indigenous plant species or plant species adapted to the area.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part III - Management Standards › Article 4 - Closure › Section 9VAC20-85-130 - Closure plan and amendment of plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator of the fossil fuel
					 combustion products site shall have a written closure plan. This plan shall
					 identify the steps necessary to completely close the site. The plan shall
					 include, at least, a schedule for final closure including, as a minimum, the
					 anticipated date when fossil fuel combustion products will no longer be
					 received, the date when completion of final closure is anticipated, and
					 intervening milestone dates.
B. The
					 owner or operator may amend his plan at any time during the active life of the
					 project. The owner or operator shall so amend his plan any time changes in
					 operating plans or project design affect the closure plan.
C. At any time during the operating life of
					 the project, the plan shall be made available to the department upon
					 request.
Statutory Authority
§ 10.1-1402 of the Code of Virginia, 42 USC §
						  6941 and 40 CFR Part 257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part III - Management Standards › Article 4 - Closure › Section 9VAC20-85-140 - Time allowed for closure

Current through Register Vol. 40, No. 24, July 15, 2024
The owner or operator shall complete closure activities
						in accordance with the closure plan and within six months after receiving the
						final volume of fossil fuel combustion products. The department may approve a
						longer closure period if the owner or operator can demonstrate that the
						required or planned closure activities will, of necessity, take longer than six
						months to complete; and that he has taken all necessary steps to eliminate any
						significant threat to human health and the environment from the unclosed but
						inactive project.
Statutory Authority
§ 10.1-1402 of the Code of Virginia, 42 USC §
						  6941 and 40 CFR Part 257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part IV - Administrative Requirements › Section 9VAC20-85-160 - Project modifications

Current through Register Vol. 40, No. 24, July 15, 2024
The owner or operator of a fossil fuel combustion products
					 site may modify the design and operation of the project by furnishing the
					 department a new certificate required by subdivision A 5 of
					 9VAC20-85-150 and a new operational
					 plan required by subdivision 6 of
					 9VAC20-85-150. Whenever
					 modifications in the design or operation of the project affect the provisions
					 of the closure plan, the owner or operator shall prepare an amended plan in
					 accordance with the requirements of Article 4 of Part III of this
					 chapter.
Statutory Authority
§ 10.1-1402 of the Code of Virginia, 42 USC §
						6941 and 40 CFR Part 257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part V - Variances › Section 9VAC20-85-170 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
The department may grant a variance from any requirement
					 contained in Part III of this chapter to the owner or operator of the fossil
					 fuel combustion products site if he demonstrates to the satisfaction of the
					 department that granting the variance will not result in an additional risk to
					 the public health or the environment beyond the risk which would be imposed
					 without the variance.
Statutory Authority
§ 10.1-1402 of the Code of Virginia, 42 USC §
						6941 and 40 CFR Part 257.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part V - Variances › Section 9VAC20-85-180 - Administrative procedures

Current through Register Vol. 40, No. 24, July 15, 2024
The administrative procedures associated with the
					 submission of the variance petition, its processing and resolution will be
					 accomplished in accordance with the requirements of Part VII (9VAC20-81-700 et seq.) of the Solid
					 Waste Management Regulations.
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part V - Variances › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC20-85)

Current through Register Vol. 40, No. 24, July 15, 2024
Standard Guide for Design and Construction of Coal Ash
					 Structure Fills, American Standard Test Method E2277-03, ASTM International,
					 100 Bar Harbor Drive, West Conshohocken, PA 19428-2959.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part I - Definitions › Section 9VAC20-90-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Chapter 14 (§
										10.1-1400 et seq.) of Title 10.1 of the Code of Virginia defines words and terms that supplement those in this chapter. The Solid Waste Management Regulations, 9VAC20-81, and the Regulated Medical Waste Management Regulations, 9VAC20-121, define additional words and terms that supplement those in the statute and this chapter. When the statute, as cited, and the solid waste management regulations, as cited, define a word or term differently, the definition of the statute is controlling. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Department" means the Virginia Department of Environmental Quality.
"Director" means the director of the Department of Environmental Quality.
"Operating" means actively managing solid waste, or conducting closure or post closure activities. A facility will begin operating on the date of the approval of the certificate to operate (CTO) or the approval of the permit-by-rule (PBR) as applicable. The facility will no longer be considered operating upon certification of completion of closure activities or in the case of a disposal facility upon release from post closure responsibility.
"Permit-by-rule" means provisions of the chapter stating that a facility or activity is deemed to have a permit if it meets the requirements of the provision.
"Permitted facility" means a facility holding the written permission of the director to conduct solid waste management activities; this includes facilities operating under permit-by-rule.
Statutory Authority: §
												10.1-1402 of the Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part II - Legislative Authority and General Information › Section 9VAC20-90-30 - Purpose of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  purpose of these regulations is to establish schedules and procedures
				  pertaining to the payment and collection of fees from any applicant seeking a
				  new permit or seeking a modification or an amendment to an existing permit for
				  operation of a solid or regulated medical waste management facility in the
				  Commonwealth of Virginia. These regulations also establish fees for the review
				  of other permit-related documents required to be reviewed by the
				  department.
B. These regulations
				  establish schedules and procedures pertaining to the payment of annual fees to
				  be submitted by any person operating a permitted facility for the disposal,
				  storage, or treatment of nonhazardous solid waste.
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part II - Legislative Authority and General Information › Section 9VAC20-90-40 - Administration of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  Virginia Waste Management Board promulgates and enforces regulations that it
				  deems necessary to carry out its powers and duties.
B. The director is authorized and directed to
				  administer these regulations in accordance with the Virginia Waste Management
				  Act, §§
										10.1-1400 through
				  10.1-1458
				  of the Code of Virginia.
Statutory Authority: §§
												10.1-1402
						and
						10.1-1402.1
						of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part II - Legislative Authority and General Information › Section 9VAC20-90-50 - Applicability of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. These regulations apply to all persons operating or proposing to operate a permitted facility for the management of solid waste under the provisions of:
1. Part V (9VAC20-81-400 through 9VAC20-81-600) of the Solid Waste Management Regulations;
2. Part V (9VAC20-121-300 through 9VAC20-121-340) of the Regulated Medical Waste Management Regulations; or
3. Part V (9VAC20-85-170 through 9VAC20-85-180) of the Coal Combustion Byproduct Regulations.
The fees shall be assessed in accordance with Part III (9VAC20-90-70 through 9VAC20-90-120) of this chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part II - Legislative Authority and General Information › Section 9VAC20-90-60 - Payment of permit action fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Due date.
1. Except as specified in subdivisions 2, 3,
				  and 4 of this subsection, all permit action fees are due on the day of
				  application and must accompany the application.
2. Applicants for solid waste management
				  permits shall submit the appropriate fee along with the certification from the
				  local governing body and the disclosure statements at the time of the submittal
				  of the notice of intent. An applicant for a new facility shall submit
				  appropriate Part A fees with the notice of intent, and submit the Part B action
				  fee when the Part B application is submitted.
3. Applicants for an emergency permit shall
				  submit the permit action fee to the department within 60 days of submitting an
				  application.
4. For facilities
				  entering the corrective action program, the fee for Corrective Action, Module
				  XIV, is due upon submission of the proposal for presumptive remedy or
				  assessment of corrective measures. If during the course of the corrective
				  action program, modifications to the corrective action program are required, no
				  additional fee will be assessed.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part II - Legislative Authority and General Information › Section 9VAC20-90-65 - Payment of annual fees

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Operators of permitted solid waste management facilities shall pay annual fees
				  based on the requirements of this section. An annual fee is required for each
				  activity occurring at a permitted facility.
1.
				  Annual fees, including those that are based on annual tonnage, shall be
				  calculated using the procedures in 9VAC20-90-113,
				  9VAC20-90-114, and
				  9VAC20-90-115.
2. For facilities engaged in multiple
				  activities under the provisions of a single permit, an operator shall pay
				  multiple annual fees.
3. Annual
				  fees assessed for single or multiple activities conducted under a permit
				  reflect the time and complexity of inspecting and monitoring the different
				  categories of facilities identified in § 10.1-1402.1:1 of the Code of
				  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Section 9VAC20-90-70 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each application for a new permit, each application for a modification or amendment to a permit, and each revocation and issuance of a permit is a separate action and shall be assessed a separate fee. The amount of such fees is determined on the basis of this Part III (9VAC20-90-70 through 9VAC20-90-120).
B. Right of entry, inspection and audit. Upon presentation of appropriate credentials and upon consent of the owner or operator of the facility, the director of the Virginia Department of Environmental Quality or his designee, in addition to the routine inspection of the facility provided in 9VAC20-81-50 or 9VAC20-121-320 shall have the right to enter, inspect, and audit the records of the facility consistent with §
										10.1-1456 of the Code of Virginia. The director may designate rights of entry, inspection, and audit to any department personnel or contractors to the department. The owner of operator of the facility shall provide complete and timely access during business hours to all equipment and facility records. The director shall have the right to require an audit of the facility's records related to the payment of annual fees.
C. In addition to permit action fees listed in Tables 3.1-1, 3.1-2, and 3.1-3 of 9VAC20-90-120, the applicant for a permit action shall arrange for the newspaper publication and radio broadcast and bear the cost of the publication and broadcast if required. The department shall send notification to the applicant that the publication and broadcast are required, and the notification shall include the text of the notice, dates of publication and broadcast, and the acceptable newspapers and radio stations wherein the notice may be published. The department shall also require the petitioner for a variance from any regulation to arrange for any newspaper publication and radio broadcast required under the Solid Waste Management Regulations (9VAC20-81) or the Regulated Medical Waste Management Regulations (9VAC20-121) and to bear the cost of such publication and broadcast. The department may arrange for the newspaper publication and radio broadcast listed in this subsection and require the applicant to remit the cost of such publication and broadcast.
Statutory Authority: §
												10.1-1402 of the Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Section 9VAC20-90-80 - New facility permit issuance or action

Current through Register Vol. 40, No. 24, July 15, 2024
All applicants for new solid and regulated medical waste
					 treatment, storage, and disposal facility permits are assessed an appropriate
					 fee shown in Table 3.1-1 of
					 9VAC20-90-120 depending on the type
					 of permit or permit action.
Applicants for an emergency permit are assessed a fee shown
					 on Table 3.1-1 of
					 9VAC20-90-120 unless the director
					 determines that a lesser fee is appropriate at the time the permit is
					 issued.
(NOTE: Certain solid waste management facility permit
					 modifications are so extensive that they require issuance of new permits (see
					 9VAC20-81-400 C of the Solid Waste
					 Management Regulations). Such applications will be considered to be
					 applications for new facilities.)
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Section 9VAC20-90-100 - Minor actions, amendments or modifications

Current through Register Vol. 40, No. 24, July 15, 2024
Applicants for minor modifications and minor permit
					 amendments under the provisions of
					 9VAC20-81-600 F 2 shall not be
					 assessed a permit modification fee.
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Section 9VAC20-90-110 - Review of variance requests

Current through Register Vol. 40, No. 24, July 15, 2024
Applicants requesting variances from the Solid Waste Management Regulations (9VAC20-81), the Regulated Medical Waste Management Regulations (9VAC20-121), or the Coal Combustion Byproduct Regulations (9VAC20-85) will be assessed a fee as shown in Table 3.1-3 of 9VAC20-90-120. All variance requests are subject to base fees. Additional fees are listed for reviews of specific types of variance requests and are to be submitted in addition to base fees. Variance requests are not subject to public participation fees listed in Table 3.1-2 of 9VAC20-90-120.
Statutory Authority: §
												10.1-1402 of the Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Section 9VAC20-90-117 - Discounted annual fees for Environmental Excellence Program participants

Current through Register Vol. 40, No. 24, July 15, 2024
A. The term
				  "Virginia Environmental Excellence Program" (VEEP) means a voluntary program
				  established by the department to provide public recognition and regulatory
				  incentives to encourage higher levels of environmental performance for program
				  participants that develop and implement Environmental Management Systems (EMS).
				  The program is based on the use of EMS that improve compliance, prevent
				  pollution, and utilize other measures to improve environmental
				  performance.
B. Participants in the
				  VEEP shall be eligible for reduced annual fees. The VEEP program includes the
				  Environmental Enterprise (E2) level of participation and the Exemplary
				  Environmental Enterprise (E3) level of participation.
C. Annual fee discounts will not become
				  effective until 2005. The availability of discounts to the annual fees will be
				  dependent upon acceptance and continued participation in the VEEP.
D. Eligibility for reduced annual fees shall
				  be based upon the department's review of the annual report that is required to
				  be submitted by the VEEP. The department shall review annual reports to verify
				  that facilities continue to meet VEEP criteria prior to offering discounted
				  annual fees.
1. The participant's annual
				  report must reflect activities occurring through December 31 and must satisfy
				  all reporting requirements established in the VEEP.
2. Annual reports must be received at the
				  department's central office by April 1 of the following year to be eligible for
				  a reduction of the annual fees.
3.
				  The annual report must list all regulated and permitted activities included
				  within the scope of the facility's Environmental Management System.
4. A participant's level of participation
				  will be evaluated as of December 31 of each calendar year.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Section 9VAC20-90-120 - Permit application fee schedules

Current through Register Vol. 40, No. 24, July 15, 2024
TABLE 3.1-1. NEW OR INITIAL ISSUANCE OR ACTION.
TYPE OF FACILITY
FEE
All landfills:
Part A application
$4,180
Part B application
$18,680
Incineration/Energy Recovery Facility
$5,880
Transfer Station, Materials Recovery Facility, Regulated Medical Waste Storage or Transfer Facility, or Regulated Medical Waste Treatment Facility
$4,310
Compost Facility
Facilities Processing Category I Waste
$6,850
Facilities Processing Waste Categories I, II, or III, or Categories III and Lower
$10,550
Facilities Processing Waste Categories I, II, III, or IV, or Categories IV and Lower
$12,670
Experimental Solid Waste Facility
$2,090
Permit-by-rule Initial Review and Confirmation
$390
Emergency Permit
$2,310
TABLE 3.1-2. MAJOR PERMIT ACTIONS, AMENDMENTS, OR MODIFICATIONS.
TYPE OF PERMIT MODULE
FEE
Landfill Part A
$4,180
General - Module I
$390
Facility - Module II
$1,310
Landfill - Module III, IV, or V
$7,050
Design plan review
$910
Liner design review
$1,960
Leachate system review
$1,310
Gas management plan review
$1,700
Drainage plan review
$910
Cover design review
$1,830
Equipment
$390
Compost facility - Module VI
$3,660
Design plan review
$650
Liner design review
$1,310
Leachate system review
$910
Drainage plan review
$650
Equipment
$390
Transfer station - Module VII
$1,180
Material recovery facility - Module VIII
$1,570
Waste supply analysis
$650
Waste management areas
$520
Wastewater management areas
$390
Incinerator/Energy recovery facility - Module IX
$3,000
Waste and residue storage
$910
Operational requirements
$1,570
Waste control procedures
$520
Groundwater monitoring - Module X or XI
$3,260
Well placement
$1,310
Materials and specifications
$390
Sampling plan
$1,570
Closure - Module XII
$390
Post-closure - Module XIII
$390
Corrective action - Module XIV
$3,000
Leachate handling Module XV
$1,310
Regulated medical waste storage or transfer facility - Module XVI
$390
Regulated medical waste treatment facility - Module XVII
$390
Permit-by-rule Modification Review and Confirmation
$390
Public participation (does not include costs of newspaper advertisements or radio broadcasts)
$1,040
TABLE 3.1-3. VARIANCE REQUESTS.
TYPE OF VARIANCE
FEE
Base fee for all variances
$390
Supplemental fees based on variance type
Exemption from classification as a solid waste
$520
Variance to permitting requirements
Siting requirements
$520
Facility design (other than alternate liner design)
$520
Operational requirements
--
Groundwater monitoring (other than groundwater protection standards and location of monitoring system)
$920
Closure requirements
--
Post-closure requirements
--
Groundwater Protection Standards
--
Alternate liner system design
$1,570
Location of groundwater monitoring system
$920
Statutory Authority: §
												10.1-1402 of the Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Section 9VAC20-90-130 - Base fee rate schedules

Current through Register Vol. 40, No. 24, July 15, 2024
TABLE 4.1. BASE FEE RATES FOR ANNUAL WASTE
							 MANAGEMENT FACILITY FEES.
Category of Facility/Activity
Base Fee Rate
1. Sanitary landfills, noncaptive
							 industrial landfills, and construction and demolition landfills are assigned a
							 base fee rate as follows:
Sanitary landfill
$0.115 per ton of waste landfilled
Construction, demolition, debris landfill
$0.115 per ton of waste landfilled
Noncaptive industrial landfill
$0.115 per ton of waste landfilled
2. Incinerators and energy recovery
							 facilities are assigned a base fee rate based upon their annual tonnage as
							 follows:
Base Fee Rate
Incinerators
$0.055 per ton of waste incinerated
Energy recovery facilities
$0.055 per ton of waste incinerated
3. Other types of facilities are assigned
							 a base fee rate as follows:
Type of Facility/Activity
Base Fee Rate
Composting
$1,200
Regulated medical waste
$2,500
Materials recovery
$4,500
Transfer station
$5,500
Facilities in post-closure care
$1,000
4. Active captive industrial landfills are
							 assigned a base fee rate as follows:
Type of Facility/Activity
Base Fee Rate
Small landfills (landfilling less than 100,000 tons
							 per year)
$2,500
Large landfills (landfilling 100,000 tons or more per
							 year)
$7,500
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 90 - SOLID WASTE MANAGEMENT PERMIT ACTION FEES AND ANNUAL FEES › Part III - Determination of Fee Amount › Form - FORMS (9VAC20-90)

Current through Register Vol. 40, No. 24, July 15, 2024
Solid
					 Waste Information and Assessment Program Reporting Table, Form DEQ 50-25 with
					 Statement of Economic Benefits Form and Instructions (rev.
					 12/2018)
Solid
					 Waste Annual Permit Quarter Payment Form PF001 (rev. 6/2023)
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 110 - REGULATIONS GOVERNING THE TRANSPORTATION OF HAZARDOUS MATERIALS › Part I - Definitions › Section 9VAC20-110-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
"Board" means the Virginia Waste Management Board.
"Carrier" means a person engaged in the transportation of
					 passengers or property by:
1. Land or
				  water, as a common, contract, or private carrier; or
2. Civil aircraft.
"CFR" means the Code of Federal Regulations.
"Coordinator" means the Chief Executive Officer of the
					 Virginia Department of Emergency Management.
"Department" means the Virginia Department of Environmental
					 Quality.
"Director" means the Director of the Virginia Department of
					 Environmental Quality.
"Hazardous material" means a substance or material in a
					 form or quantity which may pose an unreasonable risk to health, safety or
					 property when transported, and which has been incorporated under Part III
					 (9VAC20-110-110 et seq.).
"Hazardous radioactive materials" mean, for the purposes of
					 these regulations, radioactive materials requiring advance notification as
					 described in 10 CFR
					 71.97.
"Monitor" means to track the transportation of hazardous
					 radioactive materials requiring advance notification prior to transportation
					 within the Commonwealth by:
1.
				  Requiring shippers to register with the coordinator and to notify the
				  coordinator of shipments of hazardous radioactive materials within the
				  Commonwealth; and
2. In requiring
				  the coordinator to prepare a report annually for the Governor and the director
				  summarizing the hazardous radioactive materials transportation for the
				  preceding year.
"Person" means an individual, firm, copartnership,
					 corporation, company, association, joint-stock association, including any
					 trustee, receiver, assignee, or similar representative thereof, or government,
					 Indian tribe, or agency or instrumentality of any government or Indian tribe,
					 when it offers hazardous materials, or hazardous radioactive materials for
					 transportation, or transports hazardous materials or hazardous radioactive
					 materials, but such term does not include:
1. The United States Postal Service;
				  or
2. For the purposes of 49 USC
				  §§ 5123 and 5124, any agency or instrumentality of the federal
				  government.
"Shipper" means a person who transfers possession of
					 hazardous material or hazardous radioactive material to the carrier for
					 transport through the Commonwealth.
"Transport" or "transportation" means any movement of
					 property by any mode, and any packing, loading, unloading, identification,
					 marking, placarding, or storage incidental thereto.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 110 - REGULATIONS GOVERNING THE TRANSPORTATION OF HAZARDOUS MATERIALS › Part II - General Information and Legislative Authority › Section 9VAC20-110-20 - Authority for regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  These regulations are issued under authority of Article 7 (§ 10.1-1450 et
				  seq.) of Chapter 14 of Title 10.1 of the Code of Virginia, Transportation of
				  Hazardous Materials, and Chapter 3.3 (§ 44-146.30 ) of Title 44 of the
				  Code of Virginia.
B. Section
				  10.1-1450 of the Code of Virginia assigns the Virginia Waste Management Board
				  the responsibility for promulgating regulations governing the transportation of
				  hazardous materials. Section 44-146.30 of the Code of Virginia also assigns to
				  the board the responsibility for promulgating regulations by which the
				  coordinator will maintain a register of shippers of hazardous radioactive
				  materials and monitor transportation of hazardous radioactive materials within
				  the Commonwealth, that may constitute a significant potential danger to the
				  citizens of the Commonwealth in the event of accidental spillage or
				  release.
C. The board is authorized
				  to promulgate rules and regulations designating the manner and method by which
				  hazardous materials shall be loaded, unloaded, packed, identified, marked,
				  placarded, stored and transported, such rules to be no more restrictive than
				  any applicable federal laws or regulations.
Statutory Authority
§ 10.1-1450 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 110 - REGULATIONS GOVERNING THE TRANSPORTATION OF HAZARDOUS MATERIALS › Part II - General Information and Legislative Authority › Section 9VAC20-110-30 - Purpose of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of these regulations is to regulate the
					 transportation of hazardous materials and to maintain a register of shippers
					 and monitor the transportation of hazardous radioactive materials requiring
					 advance notification in Virginia.
Statutory Authority
§ 10.1-1450 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 110 - REGULATIONS GOVERNING THE TRANSPORTATION OF HAZARDOUS MATERIALS › Part II - General Information and Legislative Authority › Section 9VAC20-110-40 - Administration of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The director has the responsibility to administer these regulations. When used
				  in these regulations in any such provisions as may be adopted from 49 CFR Parts
				  107, 171 through 180, and 390 through 397, except in reference to regulations
				  on international transportation, United States means the "Commonwealth of
				  Virginia"; Environmental Protection Agency means the "Virginia Department of
				  Environmental Quality"; and the Secretary of Transportation, regional director,
				  and administrator mean the "director," unless the context clearly indicates
				  otherwise.
B. The department is
				  responsible for the planning, development and implementation of programs to
				  meet the requirements of Article 7 (§ 10.1-1450 et seq.) of Chapter 14 of
				  Title 10.1 and Chapter 3.3 (§ 44-146.30 ) of Title 44 of the Code of
				  Virginia.
C. The coordinator is
				  responsible for registering shippers and monitoring transportation of hazardous
				  radioactive materials in accordance with these regulations.
D. The Radiation Advisory Board, established
				  pursuant to § 32.1-233 of the Code of Virginia, shall make recommendations
				  to the director and the board, furnishing such technical advice as may be
				  required, on matters related to development, utilization, and regulations of
				  sources of ionizing radiation.
Statutory Authority
§ 10.1-1450 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 110 - REGULATIONS GOVERNING THE TRANSPORTATION OF HAZARDOUS MATERIALS › Part II - General Information and Legislative Authority › Section 9VAC20-110-50 - Application of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
Notwithstanding the limitations contained in
					 49 CFR
					 171.1(a)(3), and subject to
					 the exceptions set forth in
					 9VAC20-110-60, these regulations
					 apply to any person who transports hazardous materials or hazardous radioactive
					 materials, or offers such materials for shipment.
Statutory Authority
§§ 10.1-1402 and 10.1-1450 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 110 - REGULATIONS GOVERNING THE TRANSPORTATION OF HAZARDOUS MATERIALS › Part II - General Information and Legislative Authority › Section 9VAC20-110-60 - Exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing contained in these regulations shall apply to
					 regular military or naval forces of the United States, nor to the duly
					 authorized militia of any state or territory thereof, nor to the police or fire
					 departments of this Commonwealth, providing the same are acting within their
					 official capacity and in the performance of their duties.
The shipment or transportation of hazardous radioactive
					 materials by the U.S. Government, for military or national defense, that is
					 specifically exempt from federal regulations is not subject to the requirements
					 of these regulations. Nothing herein shall be construed as requiring the
					 disclosure of any defense information or restricted data as defined in the
					 Atomic Energy Act of 1954 (68 Stat 919) or the Energy Reorganization Act of
					 1974 ( 42 USCS § 5841 ), as amended.
Statutory Authority
§§ 10.1-1402 and 10.1-1450 of the Code of
						Virginia.