reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA › Part II - Siting Criteria › Article 3 - Prohibition on Siting › Section 9VAC20-50-70 - Goal of board

Current through Register Vol. 40, No. 24, July 15, 2024
The goal of the board and this chapter is to protect the
						public health, quality of life and environment of the Commonwealth in Virginia
						from the improper siting of hazardous waste treatment, storage or disposal
						facilities. In achieving this goal, the board has determined that hazardous
						waste treatment, storage and disposal facilities should not be placed in
						certain specific locations of the state because of the environmentally
						sensitive nature of such locations and increased risk to health and environment
						by the placement of a hazardous waste facility in such locations. The criteria
						listed below and others as required by the board must be evaluated in the
						applicant's impact analysis.
A. No
					 hazardous waste facility shall be sited in wetlands.
B. No hazardous waste facility shall be sited
					 in a 100-year flood plain, or such larger area which the flood of record may
					 have inundated, except as provided at commercial port facilities as provided in
					 9VAC20-50-80 A 6.
C. Underground injection of hazardous waste
					 is not allowed in accordance with Virginia Hazardous Waste Management
					 Regulations, 9VAC20-60.
D. No
					 hazardous waste facility shall be sited in an area vulnerable to flooding
					 resulting from dam failure. See definition of "Dam-related flood hazard
					 areas."
E. No hazardous waste
					 facility shall be sited over a sinkhole or less than 100 feet above a solution
					 cavern beneath the facility associated with karst topography.
F. Facilities shall not be sited within areas
					 designated by the National Park Service in the Registry of Natural Landmarks or
					 sites listed on the National Register of Historic Places, and the Virginia
					 Landmarks Register, unless the statute under which the designation of listing
					 has been made authorizes the operation of such facilities in such
					 areas.
G. Facilities shall not be
					 sited in state, county and municipal parks, units of the National Park System,
					 national recreation areas, state forests, the George Washington and Jefferson
					 National Forests, state game lands, national wildlife refuges or national fish
					 hatcheries unless the agency administering such lands has been given authority
					 by statute or ordinance to allow the operation of such facilities on such
					 lands.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA › Part II - Siting Criteria › Article 4 - Siting Limitations › Section 9VAC20-50-80 - Site criteria

Current through Register Vol. 40, No. 24, July 15, 2024
The board, in making its determination to site a
						facility, conditionally or otherwise, or to deny an application to site a
						hazardous waste facility, will consider the criteria listed below in relation
						to the type of hazardous waste facility to be sited.
A. Limitations.
1. Water quality surface and groundwater.
a. The water resources of the state should be
					 afforded the maximum protection reasonably possible. A major accident or
					 leakage at a hazardous waste facility could lead to degradation of surface and
					 groundwater in the vicinity of the facility. The degradation of the surface and
					 groundwater could create a significant hazard to public health. Siting of a
					 facility must take into account water quality problems which may result from
					 the operation of the facility. The board will consider the following water
					 quality characteristics and other factors determined appropriate for the type
					 of facility:
(1) The proximity of the facility
					 to surface and groundwaters, including aquifer recharge areas.
(2) The existing quality and current and
					 future use of the surface and groundwaters.
(3) The risk to public health and the
					 environment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA › Part III - Required Findings › Section 9VAC20-50-90 - Protection and prevention

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to an applicant meeting the requirements of
					 Part II of this chapter, the board shall, in writing, find that:
A. The terms and conditions of the
				  application will protect and prevent injury or unacceptable adverse risk to
				  health, safety, welfare, the environment and natural resources, and the reasons
				  to support such finding;
B. The
				  facility is consistent with its criteria;
C. The applicant has made reasonable and
				  appropriate efforts to reach a siting agreement with the host community,
				  including, though not limited to, efforts to mitigate or compensate the host
				  community and its residents for adverse economic effects, if any, of the
				  facility.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA › Part IV - Related Permits and Reviews › Section 9VAC20-50-100 - Additional agency approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. To
				  avoid duplication to the maximum extent feasible with existing agencies and
				  their areas of responsibility, related agency approvals are listed in
				  subsection B of this section as notification to the applicant that these
				  permits and reviews may apply in accordance with the type of facility
				  proposed.
B. Permits.
1. Hazardous waste facility management.
a. Regulatory agency:
Virginia Waste Management Board.
b. State permit required:
Facility management .
c. Statutory authority:
(1) Chapter 11.1 (§ 10.1-1182 et seq.)
				  of Title 10.1 of the Code of Virginia and the Virginia Waste Management Act,
				  Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of
				  Virginia.
(2) Virginia Hazardous
				  Waste Management Regulations, 9VAC20-60.
d. Contact:
Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA › Part V - Delegations › Section 9VAC20-50-110 - Delegations

Current through Register Vol. 40, No. 24, July 15, 2024
The director may perform any act of the board provided
					 under this chapter except as limited by §§ 10.1-1433 through
					 10.1-1449 of the Code of Virginia.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-12 - Definitions derived from the Code of Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
A. Chapter 11.1 (§ 10.1-1182 et seq.)
				  and Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia
				  define the meaning of terms as used in the text of the statutes. Terms not
				  otherwise defined in these regulations or an incorporated reference text shall
				  have the meaning as established in the statutes.
B. Where a term is defined in these
				  regulations or an incorporated reference text, the term shall have no other
				  meaning, even if it is defined differently in the Code of Virginia or another
				  regulation of the Virginia Administrative Code. The board has authority to
				  adopt regulations only as granted to it by the Code of Virginia, and nothing
				  herein shall be interpreted as extending the effect or scope of a regulation
				  beyond that authority.
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-14 - Definitions derived from incorporations of reference texts

Current through Register Vol. 40, No. 24, July 15, 2024
A. These regulations contain the text herein
				  and several incorporated texts from Title 40 of the Code of Federal Regulations
				  (cited as 40 CFR followed by a part number, section number and subsection
				  reference numbers). These incorporated texts are fully a part of these
				  regulations; however, definitions, additions, modifications and exemptions
				  stated in the text written herein direct how the incorporated text shall be
				  interpreted, and they take precedence over the verbatim interpretation of the
				  incorporated text. These incorporated texts include definitions that are fully
				  a part of these regulations and generally applicable throughout all
				  incorporated text and all text written herein; however, stated in the text
				  written herein are directions as to how the incorporated text shall be
				  interpreted, and these directions take precedence over the verbatim
				  interpretation of the incorporated text.
B. Unless a specific direction regarding the
				  substitution of terms is given elsewhere, the following terms, where they
				  appear in the Code of Federal Regulations shall, for the purpose of these
				  regulations, have the following meanings or interpretations:
1. "Director" shall supplant the
				  "Administrator," "Assistant Administrator," "Assistant Administrator for Solid
				  Waste and Emergency Response" and the "Regional Administrator," wherever they
				  appear.
2. "Department of
				  Environmental Quality" shall supplant the "United States Environmental
				  Protection Agency," "Environmental Protection Agency," "Agency," "EPA," "EPA
				  Headquarters," "EPA Region(s)" or "Regional Office," wherever they appear. The
				  use of "EPA" as an adjective in "EPA Acknowledgment of Consent," "EPA
				  document," "EPA form," "EPA identification number," "EPA number," "EPA
				  Publication," or similar phrase shall not be supplanted with "Department of
				  Environmental Quality" and shall remain as in the original text
				  cited.
3. "EPA Environmental
				  Appeals Board" or "Environmental Appeals Board" shall be supplanted with the
				  appointed hearing officer at a formal hearing, the court of appropriate
				  jurisdiction, or others as required by the Administrative Process Act, Chapter
				  40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
4. "Qualified engineer" or "engineer" means a
				  professional engineer certified to practice in the Commonwealth of
				  Virginia.
5. "State," "authorized
				  state," and "approved state" means the Commonwealth of Virginia.
6. "Approved program" means the Virginia
				  regulatory program for the Virginia Hazardous Waste Management
				  Regulations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-18 - Applicability of incorporated references based on the dates on which they became effective

Current through Register Vol. 40, No. 24, July 15, 2024
Except as noted, when a regulation of the U.S.
					 Environmental Protection Agency (EPA) set forth in Title 40 of the Code of
					 Federal Regulations is referenced and incorporated into this chapter, that
					 regulation shall be as it exists and has been published in the July 1, 2022,
					 annual edition; however, the incorporation by reference of Title 40 of the Code
					 of Federal Regulations shall not include the requirements of EPA's Response to
					 Vacatur of Certain Provisions of the Definition of Solid Waste Rule (83 FR
					 24664, May 30, 2018) or Conforming Changes to Canada-specific Hazardous Waste
					 Import-Export Recovery and Disposal Operation Codes (86 FR 54381, October 1,
					 2021).
Statutory Authority: § 10.1-1402 of the Code of
						Virginia; 42 USC §
													6921;
						40 CFR Parts 260 through
						272.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-20 - Authority for chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  chapter is issued under Chapter 11.1 (§ 10.1-1182 et seq.) of Title 10.1
				  of the Code of Virginia and the Virginia Waste Management Act, Chapter 14
				  (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.
B. Section 10.1-1402 of the Code of Virginia
				  assigns the Virginia Waste Management Board the responsibility for carrying out
				  the purposes and provisions of the chapter and compatible provisions of federal
				  acts.
Statutory Authority
§§ 10.1-1402 and Article 4 (§ 10.1-1426
						et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-30 - Purpose of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  purpose of this chapter is to provide for the control of all hazardous wastes
				  that are generated within, or transported to, the Commonwealth for the purposes
				  of storage, treatment, or disposal or for the purposes of resource conservation
				  or recovery.
B. This chapter
				  establishes a management control system that assures the safe and acceptable
				  management of a hazardous waste from the moment of its generation through each
				  step of management until the ultimate destruction or disposal.
C. This chapter is promulgated to meet the
				  requirements of the Commonwealth legislative authority referenced in
				  9VAC20-60-20 A and will provide for
				  a state hazardous waste program that will meet the requirements of
				  RCRA.
Statutory Authority
§§ 10.1-1402 and Article 4 (§ 10.1-1426
						et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-40 - Administration of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  director is designated by the Act with the responsibility to carry out
				  programs, consistent with board approval, that will comply with the
				  requirements of the Act.
B. The
				  board, acting on the advice of the director, will promulgate regulations to
				  meet the requirements of the Act.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
						6921 et seq.; 40 CFR Parts 260 through 272.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-50 - Application of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  chapter applies to any person that generates, transports, stores, treats, or
				  disposes of a hazardous waste.
B.
				  All persons who notify the U.S. Environmental Protection Agency under the
				  authorities of § 3010 of RCRA are subject to the provisions of this
				  chapter.
C. All persons who did not
				  notify the U.S. Environmental Protection Agency under the authorities of §
				  3010 of RCRA, but that generate, transport, store, treat, or dispose of a
				  hazardous waste shall also comply with the provisions of this
				  chapter.
Statutory Authority
§§ 10.1-1402 and Article 4 (§ 10.1-1426
						et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-70 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  regulations developed under the provisions of Title 10.1 of the Code of
				  Virginia for hazardous waste management shall be developed in accordance with
				  the provisions of the Commonwealth of Virginia Administrative Process Act
				  (§
										2.2-4000 et
				  seq. of the Code of Virginia) and the Virginia Waste Management Board Public
				  Participation Guidelines, 9VAC20-11.
B. Modifications and revisions to all
				  hazardous waste management facility permits, except changes to interim status,
				  shall be subject to public participation in accordance with
				  9VAC20-60-270.
C. Modifications and
				  revisions to this chapter shall be the subject of public participation as
				  specified by the Virginia Administrative Process Act and the public
				  participation guidelines of the board.
D. Dockets of all permitting actions,
				  enforcement actions, and administrative actions relative to this chapter shall
				  be available to the public for review, consistent with the Commonwealth of
				  Virginia Administrative Process Act, the Virginia Freedom of Information Act
				  (§
										2.2-3700 et
				  seq. of the Code of Virginia), and the provisions of this chapter.
E. All reports and related materials received
				  from hazardous waste generators, transporters, and facilities, as required by
				  this chapter, shall be open to the public for review.
F. Public participation in the compliance
				  evaluation and enforcement programs is encouraged. The department will:
1. Investigate and provide written responses
				  to all citizen complaints addressed to the department;
2. Not oppose intervention by any citizen in
				  a suit brought before a court by the department as a result of the enforcement
				  action; and
3. Publish a notice in
				  major daily or weekly newspaper of general circulation in the area and provide
				  at least 30 days of public comment on proposed settlements of civil enforcement
				  actions except where the settlement requires some immediate
				  action.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part I - Definitions › Section 9VAC20-60-80 - Enforcement and appeal procedures; offenses and penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A. All administrative enforcement and appeals
				  taken from actions of the director relative to the provisions of this chapter
				  shall be governed by the Virginia Administrative Process Act.
B. Sections 10.1-1455 through 10.1-1457 of
				  the Code of Virginia provide for penalties, enforcement and judicial review.
				  These sections describe the right of entry for inspections, the issuance of
				  orders, penalties, injunctions, and other provisions and procedures for
				  enforcement of these regulations.
Statutory Authority
§§ 10.1-1402 and Article 4 (§ 10.1-1426
						et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part III - Incorporation of Federal Regulations by Reference › Section 9VAC20-60-230:1 - APPENDIX 4.1. REPEALED

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part III - Incorporation of Federal Regulations by Reference › Section 9VAC20-60-263 - Adoption of 40 CFR Part 263 by reference

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as otherwise provided, the
				  regulations of the United States Environmental Protection Agency set forth in
				  40 CFR Part 263 are hereby incorporated as part of the Virginia Hazardous Waste
				  Management Regulations. Except as otherwise provided, all material definitions,
				  reference materials, and other ancillaries that are parts of 40 CFR Part 263
				  are also hereby incorporated as parts of the Virginia Hazardous Waste
				  Management Regulations.
B. In all
				  locations in these regulations where 40 CFR Part 263 is incorporated by
				  reference, the following additions, modifications, and exceptions shall amend
				  the incorporated text for the purpose of its incorporation into these
				  regulations:
1. Additional requirements for
				  transportation of hazardous materials are included in Part VII (9VAC20-60-420 et seq.) of
				  this chapter and in the Regulations Governing the Transportation of Hazardous
				  Materials (9VAC20-110).
2. Sections
				  of 40 CFR
				  263.10(d), 40 CFR
				  263.20(a)(2),
				  40 CFR
				  263.21(a)(2), 40 CFR 263.30,
				  and
				  40 CFR 263.31
				  are not incorporated by reference and are not a part of the Virginia Hazardous
				  Waste Management Regulations. See
				  9VAC20-60-490 for
				  requirements related to transportation discharge management.
3. In
				  40 CFR
				  263.20, the terms "EPA" and "Environmental
				  Protection Agency" shall mean the United States Environmental Protection
				  Agency, and the reference to "system" means the United States Environmental
				  Protection Agency's national electronic manifest system.
4. Regardless of the provisions of
				  9VAC20-60-18,
				  the requirements of
				  40 CFR
				  263.20(a)(8) are not
				  incorporated into this chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part III - Incorporation of Federal Regulations by Reference › Section 9VAC20-60-279 - Adoption of 40 CFR Part 279 by reference

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as otherwise provided, the
				  regulations of the United States Environmental Protection Agency set forth in
				  40 CFR Part 279 are hereby incorporated as part of the Virginia Hazardous Waste
				  Management Regulations. Except as otherwise provided, all material definitions,
				  reference materials and other ancillaries that are a part of 40 CFR Part 279
				  are also hereby incorporated as part of the Virginia Hazardous Waste Management
				  Regulations.
B. In all locations in
				  these regulations where 40 CFR Part 279 is incorporated by reference, the
				  following additions, modifications and exceptions shall amend the incorporated
				  text for the purpose of its incorporation into these regulations:
1. Only one sentence of
				  40 CFR
				  279.82 is included in the incorporation of 40
				  CFR Part 279 by reference. The sentence, "The use of used oil as a dust
				  suppressant is prohibited." is incorporated by reference. All other words in
				  40 CFR
				  279.82 are not incorporated by reference and
				  are not a part of the Virginia Hazardous Waste Management
				  Regulations.
2.
				  [Reserved.]
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part IV - Notification of Hazardous Waste Management Activity Regulations › Section 9VAC20-60-305 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person that
				  manages a hazardous waste in the Commonwealth of Virginia shall notify the
				  department of these activities.
B.
				  Any person as described in
				  9VAC20-60-305 A that has notified
				  the EPA or is subject to the requirements to notify the EPA as specified in
				  Vol. 45, No. 39 of the Federal Register, dated February 26, 1980, pages 12746
				  through 12754, is subject to the provisions of this chapter.
C. The purpose of this chapter is to provide
				  a means for the Commonwealth of Virginia to utilize the information provided by
				  all who complied with the notification requirements of the EPA as described in
				  9VAC20-60-305 B and to assure that
				  all persons who did not notify the EPA as described in
				  9VAC20-60-305 B or all who
				  initiated hazardous waste management activities subsequent to the requirements
				  of the EPA as referenced in
				  9VAC20-60-305 B shall notify the
				  department of their hazardous waste management activities.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
						6921 et seq.; 40 CFR Parts 260 through 272.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part IV - Notification of Hazardous Waste Management Activity Regulations › Section 9VAC20-60-315 - Notification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person that
				  notified the EPA of hazardous waste management activities as referenced in
				  9VAC20-60-305 B shall provide a
				  copy of that notification to the department.
B. Any person involved in hazardous waste
				  management activities that did not comply with the notification requirements of
				  the EPA as referenced in
				  9VAC20-60-305 B but is subject to
				  those requirements shall notify the department in writing of their hazardous
				  waste management activities by the effective date of this chapter. Notification
				  shall be accomplished by the use of EPA Form 8700-12.
C. Any person who initiated a hazardous waste
				  management activity subsequent to the preliminary notification period of 42 USC
				  § 6930 but prior to the effective date of this chapter shall notify the
				  department of the initiation of such activities by the effective date of this
				  chapter. Notification shall be accomplished by the use of EPA Form
				  8700-12.
D. Anyone who becomes a
				  large quantity generator shall notify the department in writing immediately of
				  this change in status and document the change in the operating record. Any
				  large quantity generator who ceases to be a large quantity generator shall
				  notify the department in writing immediately of this change in status and
				  document the change in the operating record.
E. Transporters shall provide only one
				  notification form for all transportation activities.
F. One notification form is required for each
				  generator site.
G. A notification
				  form is required for each storage, treatment, disposal, or other facility.
				  However, if one geographic site includes more than one storage, treatment or
				  disposal activity, only one notification form for the entire facility site is
				  required.
H. New generators,
				  transporters, treaters, storers, and disposers (those initiating activities
				  subsequent to the assumption of the hazardous waste management program by the
				  Commonwealth) shall comply with the requirements of
				  9VAC20-60-262,
				  9VAC20-60-263, and
				  9VAC20-60-264, as applicable, to
				  obtain an EPA identification number from the administrator or the
				  department.
Statutory Authority: § 10.1-1402 of the Code of
						Virginia; 42 USC § 6921 et seq.; 40 CFR Parts 260 through
						272.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part IV - Notification of Hazardous Waste Management Activity Regulations › Section 9VAC20-60-325 - Prohibition

Current through Register Vol. 40, No. 24, July 15, 2024
No hazardous wastes subject to this chapter may be
					 transported, treated, stored, or disposed of unless notification has been given
					 as required under 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 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part IV - Notification of Hazardous Waste Management Activity Regulations › Section 9VAC20-60-328 - EPA identification number

Current through Register Vol. 40, No. 24, July 15, 2024
A. A generator shall not treat, store,
				  dispose of, transport, or offer for transportation hazardous waste without
				  having received an EPA identification number from the administrator or the
				  department.
B. A generator who has
				  not received an EPA identification number may obtain one by applying to the
				  department using EPA Form 8700-12. Upon receiving a request, the department
				  will assign an EPA identification number to the generator.
C. A generator shall not offer his hazardous
				  waste to transporters or to facilities that have not received an EPA
				  identification number.
D.
				  Provisional identification number. If an emergency or other unusual incident
				  occurs which causes a necessity for the rapid transport of a hazardous waste to
				  an authorized hazardous waste management facility, the generator involved in
				  such a circumstance can telephone the Department of Environmental Quality
				  (804-698-4000) and obtain a provisional identification number. Applicants
				  receiving such a number will be mailed a blank EPA Form 8700-12 that shall be
				  completed and returned to the Department of Environmental Quality regional
				  office within 10 calendar days. (Note: The department's website,
http://www.deq.virginia.gov
,
				  or the receptionist at 804-698-4000, will provide information on how to contact
				  the appropriate regional office.)
Statutory Authority: §
												10.1-1402
						of the Code of Virginia;
						42 USC §
													6921 et seq.; 40 CFR Parts 260 through
						272.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part V - Manifest Regulations for Hazardous Waste Management [Repealed] › Section 9VAC20-60-328:1 - APPENDIX 5.1. REPEALED

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VI - Regulations Applicable to Generators of Hazardous Waste [Repealed] › Section 9VAC20-60-330 to 9VAC20-60-410

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VI - Regulations Applicable to Generators of Hazardous Waste [Repealed] › Section 9VAC20-60-330:1 - APPENDIX 6.1. REPEALED

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-420 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  applies to all persons who transport a hazardous waste as defined in this
				  chapter and applies to all shipments of hazardous waste that originate within
				  the Commonwealth or that terminate in the Commonwealth but originate in another
				  state or foreign country. However, this chapter does not apply to the shipment
				  of a hazardous waste on the site of a hazardous waste generator, nor on the
				  site of a permitted hazardous waste management facility. Nothing in this part
				  (9VAC20-60-420 et seq.) shall be
				  construed as imposing any requirement on transporters of or the transportation
				  of universal waste not otherwise imposed in
				  9VAC20-60-273.
B. Transporters of hazardous waste shipments
				  originating outside the Commonwealth and terminating in another state shall
				  comply with
				  9VAC20-60-490 and applicable
				  requirements of
				  9VAC20-60-263 while in transit
				  through the Commonwealth.
C. All
				  transporters of hazardous waste shall comply with the applicable portions of
				  the Regulations Governing the Transportation of Hazardous Materials
				  (9VAC20-110) and Parts III (9VAC20-60-124 et
				  seq.), IV (9VAC20-60-305 et seq.), and VII
				  (9VAC20-60-420 et seq.) of this
				  chapter.
D. A transporter is a
				  generator if he:
1. Transports hazardous
				  waste into the Commonwealth from a foreign country; or
2. Mixes hazardous wastes of different
				  shipping descriptions specified in Regulations Governing the Transportation of
				  Hazardous Materials by placing them into a single container.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-430 - Recordkeeping and reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as provided in
				  9VAC20-60-430 B and
				  9VAC20-60-430 C, all transporters
				  shall retain one signed copy of all manifests in their records for not less
				  than three years from the date of acceptance for shipment by the initial
				  transporter. The retained copy shall show his signature as well as those of the
				  generator and the designated facility owner or operator, or next designated
				  transporter.
B. For shipments
				  delivered to the designated facility by water (bulk shipment), each water (bulk
				  shipment) transporter shall retain a copy of the shipping paper containing all
				  the information required in 40 CFR
				  263.20(e)(2) for a period of
				  three years from the date of acceptance by the initial transporter.
C. For shipments of hazardous waste by rail
				  within the United States:
1. The initial rail
				  transporter shall keep a copy of the manifest and shipping paper with all the
				  information required in 40
				  CFR 263.20(f)(2) for a
				  period of three years from the date the hazardous waste was accepted by the
				  initial transporter.
2. The final
				  rail transporter shall keep a copy of the signed and dated manifest (or the
				  shipping paper if signed by the designated facility in lieu of the manifest)
				  for a period of three years from the date the hazardous waste was accepted by
				  the initial transporter.
3.
				  Intermediate rail transporters are not required to keep records pursuant to
				  this chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-440 - Identification number

Current through Register Vol. 40, No. 24, July 15, 2024
A. All persons
				  who transport hazardous waste within, out of or into the Commonwealth shall
				  apply for and receive an EPA identification number prior to such
				  transport.
B. An EPA identification
				  number shall be obtained from the EPA or authorized state by submitting an
				  application on EPA Form 8700-12.
C.
				  The EPA identification number issued to the transporter shall be included at
				  all times on:
1. All correspondence related
				  to the transport of hazardous waste ;
2. The manifest provided by the generator of
				  a hazardous waste and utilized in the transport of hazardous waste;
				  and
3. All documents related to the
				  reporting of a discharge or accident.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-450

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 10.1-1402 of the Code of
						Virginia; 42 USC § 6921 et seq.; 40 CFR Parts 260 through
						272.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-460 - Labeling, placarding, and marking

Current through Register Vol. 40, No. 24, July 15, 2024
See
					 9VAC20-60-262 and
					 9VAC20-60-263.
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-470 - Use of the manifest system

Current through Register Vol. 40, No. 24, July 15, 2024
See
					 9VAC20-60-262 and
					 9VAC20-60-263.
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-480 - Acceptance, shipment and delivery of hazardous waste

Current through Register Vol. 40, No. 24, July 15, 2024
A. A transporter shall not accept for
				  shipment any hazardous waste for transport without determining that
				  requirements of
				  9VAC20-60-263 have been complied
				  with.
B. If a manifest is required
				  by 9VAC20-60-263, the generator shall
				  sign and date the manifest and release the hazardous waste shipment to the
				  transporter.
C. The transporter who
				  is subject to
				  9VAC20-60-480 B shall sign and date
				  the manifest and accept the hazardous waste for shipment.
D. The transporter shall not accept any
				  hazardous waste for shipment unless the generator has met all applicable
				  labeling, container and packaging requirements of this chapter.
E. If the transporter ships the hazardous
				  waste to a treatment, storage or disposal facility or transfers the hazardous
				  waste to another transporter, such acts shall be in accordance with the
				  following:
1. The receiving treatment, storage
				  or disposal facility or transporter shall have an EPA identification number
				  issued by the EPA or authorized state;
2. The manifest shall be signed over to the
				  receiving treatment, storage or disposal facility or transporter with the prior
				  transporter retaining a copy of the manifest.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-490 - Discharges

Current through Register Vol. 40, No. 24, July 15, 2024
A. The transporter
				  shall comply with all federal and Commonwealth requirements relative to
				  discharges.
B.
1. In the event of a discharge or spill of
				  hazardous wastes, the transporter shall take appropriate emergency actions to
				  protect human life, health, and the environment and shall notify appropriate
				  local authorities. Upon arrival on the scene of state or local emergency or
				  law-enforcement personnel, the transporter shall carry out such actions as
				  required of him.
2. The transporter
				  shall clean up any hazardous waste discharge that occurs during transportation
				  and shall take such action as is required by the federal government, the
				  Virginia Department of Emergency Management, the director, or local officials,
				  so that the hazardous waste discharge no longer presents a hazard to human
				  health or the environment.
3. The
				  disposal of the discharged materials shall be done in a manner consistent with
				  this chapter and other applicable Virginia and federal regulations.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-500 - Transfer facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A transporter who stores manifested shipments of hazardous
					 waste in containers meeting the requirements of
					 40 CFR
					 262.30 at a transfer facility for a period of
					 10 days or less is not subject to regulations established for facility
					 management and permitting under these regulations with respect to the storage
					 of those wastes.
Statutory Authority
§ 10.1-1402 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-500:1 - APPENDIX 7.1 REPEALED

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-520 to 9VAC20-60-680

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-690 to 9VAC20-60-700 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-710 to 9VAC20-60-730

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-740 to 9VAC20-60-890

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-900 to 9VAC20-60-920 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-930 to 9VAC20-60-950

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-960 to 9VAC20-60-1250

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-960:1 - APPENDIX 11.1. REPEALED

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part VII - Regulations Applicable to Transporters of Hazardous Waste › Section 9VAC20-60-960:2 - APPENDIX 11.2. REPEALED

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XII - Permit Application And Annual Fees › Section 9VAC20-60-1270 - Determination of application fee amount

Current through Register Vol. 40, No. 24, July 15, 2024
A. General.
1. Each application for a new or renewed
				  permit and each application for a modification to 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 section.
2. The
				  amount of the permit application fee is based on the costs directly associated
				  with the permitting program required by Parts III (9VAC20-60-270 et seq.) and VII
				  (9VAC20-60-420 et seq.) of this
				  chapter and includes costs for personnel and contractual effort and the
				  prorated costs of supplies, equipment, communications and office space. The fee
				  schedules are shown in
				  9VAC20-60-1285.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XII - Permit Application And Annual Fees › Section 9VAC20-60-1280 - Payment of application fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Due date.
1. Except as specified in subdivision 2 of
				  this subsection, all permit application fees are due on the day of application
				  and must accompany the application.
2. All holders of a Virginia HWM facility
				  permit issued prior to January 1, 1988, shall submit the application fees as
				  required by the conditions specified in that permit.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XII - Permit Application And Annual Fees › Section 9VAC20-60-1284 - Payment of annual fees

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Due date. The operator of the treatment, storage, or disposal facility and each
				  large quantity generator shall pay the correct fees to the Department of
				  Environmental Quality. The department may bill the facility or generator for
				  amounts due or becoming due in the immediate future. All payments are due and
				  shall be received by the department no later than the first day of October 2004
				  (for the 2003 annual year), and no later than the first day of October of each
				  succeeding year thereafter (for the preceding annual year) unless a later
				  payment date is specified by the department in writing.
B. Method of payment.
1. The operator of the facility or the large
				  quantity generator shall send a payment transmittal letter to the Department of
				  Environmental Quality. The letter shall contain the name and address of the
				  facility or generator, the Federal Identification Number (FIN) for the facility
				  or generator, the amount of the payment enclosed, and the period that the
				  payment covers. With the transmittal letter shall be payment in full for the
				  correct fees due for the annual period. A copy of the transmittal letter only
				  shall be maintained at the facility or the site where the hazardous waste was
				  generated.
2. Fees shall be paid by
				  check, draft or postal money order made payable to "Treasurer of Virginia" and
				  shall be sent to the Department of Environmental Quality, Receipts Control,
				  P.O. Box 1104, Richmond, VA 23218. When the department is able to accept
				  electronic payments, payments may be submitted electronically.