Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part V - Permitting of Solid Waste Management Facilities › Section 9VAC20-81-450 - Permit application procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who proposes to establish a new
				  solid waste management facility (SWMF) or modify an existing SWMF shall submit
				  a permit application to the department, using the procedures set forth in this
				  section and other pertinent sections of this part.
B. Notice of intent.
1. To initiate the permit application
				  process, any person who proposes to establish a new solid waste management
				  facility (SWMF) or modify an existing SWMF or to modify an existing permit
				  shall file a notice of intent with the director stating the desired permit or
				  permit modification, the precise location of the proposed facility, and the
				  intended use of the facility. The notice shall be in letter form and be
				  accompanied by an area map and a site location map.
2. No application for a new solid waste
				  management facility permit or application for a modification for a noncaptive
				  industrial landfill to expand or increase capacity shall be deemed complete
				  unless it is accompanied by DEQ Form DISC-01 and 02 (Disclosure Statement) for
				  all key personnel.
3. No
				  application for a new solid waste management facility permit or application for
				  a modification for a noncaptive industrial landfill to expand or increase
				  capacity shall be considered complete unless the notice of intent is
				  accompanied by a certification from the governing body of the county, city, or
				  town in which the facility is to be located stating that the location and
				  operation of the facility are consistent with all applicable local ordinances,
				  as well as with the local or regional solid waste management plan (SWMP)
				  approved by the department or has initiated the process of amending the SWMP to
				  include the new or expanded facility or an increase in capacity. No
				  certification shall be required for the application for a modification of an
				  existing permit (not including increase in capacity or expansion) other than
				  for a noncaptive industrial landfill in this subdivision. DEQ Form SW-11-1
				  (Request for Local Government Certification) is provided for the use of the
				  regulated community. Permit and permit-by-rule applicants shall comply with the
				  statutory requirements for consistency with solid waste management plans as
				  recorded in §
											10.1-1408.1 of the Code of
				  Virginia.
4. If the applicant
				  proposes to operate a new sanitary landfill or transfer station, the notice of
				  intent shall include a statement describing the steps taken by the applicant to
				  seek the comments of the residents of the area where the sanitary landfill or
				  transfer station is proposed to be located regarding the siting and operation
				  of the proposed sanitary landfill or transfer station. The public comment steps
				  shall be taken prior to filing with the department the notice of intent.
a. The public comment steps shall include
				  publication of a public notice once a week for two consecutive weeks in a
				  newspaper of general circulation serving the locality where the sanitary
				  landfill or transfer station is proposed to be located and holding at least one
				  public meeting within the locality at a time convenient to the public to
				  identify issues of concern, to facilitate communication, and to establish a
				  dialogue between the applicant and persons who may be affected by the issuance
				  of a permit for the sanitary landfill or transfer station.
b. At a minimum, the public notice shall
				  include:
(1) A statement of the applicant's
				  intent to apply for a permit to operate the proposed sanitary landfill or
				  transfer station;
(2) The proposed
				  sanitary landfill or transfer station site location;
(3) The date, time, and location of the
				  public meeting the applicant will hold; and
(4) The name, address, and telephone number
				  of a person employed by an applicant who can be contacted by interested persons
				  to answer questions or receive comments on siting and operation of the proposed
				  sanitary landfill or transfer station.
c. The first publication of the public notice
				  shall be at least 14 days prior to the public meeting date.
d. In addition, the applicant shall adhere to
				  the applicable requirements of §
												10.1-1408.1B of
				  the Code of Virginia.
5.
				  Disposal capacity guarantee. If the applicant proposes to construct a new
				  sanitary landfill or expand an existing sanitary landfill, a signed statement
				  must be submitted by the applicant guaranteeing that sufficient disposal
				  capacity will be available in the facility to enable localities within the
				  Commonwealth to comply with their solid waste management plans developed
				  pursuant to 9VAC20-130 and certifying that such localities will be allowed to
				  contract for and reserve disposal capacity in the facility. This provision does
				  not apply to permit applications from one or more political subdivisions for
				  new or expanded landfills that will only accept municipal solid waste generated
				  within those jurisdictions or from other jurisdictions under an
				  interjurisdictional agreement.
6.
				  Host agreement. If a host agreement is required, as noted in §
											10.1-1408.1B 7
				  of the Code of Virginia, it shall contain all the requirements specified in
				  that section of the law.
7. If the
				  application is for a locality owned and operated sanitary landfill, or the
				  expansion of such a landfill, the applicant shall provide information on:
a. The daily travel routes and traffic
				  volumes that correlate with the daily disposal limit;
b. The daily disposal limit; and
c. The service area of the
				  facility.
8. If the
				  application is for a new solid waste management facility or a modification
				  allowing a facility expansion or an increase in capacity, the director shall
				  evaluate whether there is a need for the additional capacity in accordance with
				  §
											10.1-1408.1D 1
				  of the Code of Virginia. The information in either subdivision 8 a or b of this
				  subsection must be provided with the notice of intent to assist the director
				  with the required investigation and analysis. Based on the information
				  submitted, the owner or operator will demonstrate how the additional capacity
				  will be utilized over the life of the facility.
a. For any solid waste management facility
				  including a sanitary landfill, information demonstrating that there is a need
				  for the additional capacity. Such information shall include the following. If a
				  certain item is not applicable for a facility, it may be indicated so with
				  reasonable justifications.
(1) The anticipated
				  area to be served by the facility;
(2) Similar or related solid waste management
				  facilities that are in the same service area and could impact the proposed
				  facility, and the capacity and service life of those facilities;
(3) The present quantity of waste generated
				  within the proposed service area;
(4) The waste disposal needs specified in the
				  local solid waste plan;
(5) The
				  projected future waste generation rates for the anticipated area to be served
				  during the proposed life of the facility;
(6) The recycling, composting, or other waste
				  management activities within the proposed service area;
(7) The additional solid waste disposal
				  capacity and anticipated site life that the facility would provide to the
				  proposed area of service;
(8)
				  Information demonstrating that the capacity is needed to enable localities to
				  comply with solid waste plans developed pursuant to §
													10.1-1411 of the Code of
				  Virginia; and
(9) Any additional
				  factors that provide justification for the additional capacity provided by the
				  facility.
b. As an
				  alternative, for sanitary landfills, based on current or projected disposal
				  rates, information demonstrating there is less than 10 years of capacity
				  remaining in the facility and information demonstrating either of the
				  following:
(1) The available permitted
				  disposal capacity for the state is less than 20 years based on the most current
				  reports submitted pursuant to the Waste Information and Assessment Program in
				  9VAC20-81-80; or
(2) The available permitted disposal capacity
				  is less than 20 years in either:
(a) The
				  planning region, or regions, immediately contiguous to the planning region of
				  the host community; or
(b) The
				  facilities within a 75-mile radius of the proposed facility.
9. If the
				  location and operation of the facility is stated by the local governing body to
				  be consistent with all its ordinances, without qualifications, conditions, or
				  reservations, and the notice intent is complete, the applicant will be notified
				  that he may submit his application for a SWMF permit. This application shall be
				  submitted in two parts, identified as Part A and Part B.
10. The applicant shall submit certification
				  from the State Corporation Commission that the business entity pursuing the
				  solid waste management permit is a valid entity, authorized to transact its
				  business in Virginia. This requirement does not apply to those facilities owned
				  solely by governmental units.
11.
				  If the application is for an existing CCR landfill or existing CCR surface
				  impoundment, a complete permit application must be submitted no later than
				  October 17, 2017, to continue operation.