reglab/statecodes huggingface dataset:
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 9VAC20-60-1286 - 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" or "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 environmental management systems 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
				  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 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XII - Permit Application And Annual Fees › Section 9VAC20-60-1286:1 - APPENDIX 12.1. 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 XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1290 to 9VAC20-60-1360

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 XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1370 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				  affected by this chapter may petition the director to exclude a waste at a
				  facility or to change the identification and listing of a solid or hazardous
				  waste, subject to the provisions of this part. Any petition submitted to the
				  director is also subject to the provisions of the Virginia Administrative
				  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
B. The director will not accept any petition
				  relating to delisting of hazardous wastes, equivalent testing or analytical
				  methods. Such petitions shall be submitted to the administrator in accordance
				  with 40 CFR
				  260.21.
C. Each petition shall be submitted to the
				  department by certified mail and shall include, in addition to any other
				  provisions required by this part, at least the following:
1. The petitioner's name and
				  address;
2. A statement of the
				  petitioner's interest in the proposed action;
3. A description of the proposed
				  action;
4. A statement of the need
				  and justification for the proposed action, including any supporting tests,
				  studies or other information.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1380 - Changes to identification and listing of hazardous wastes

Current through Register Vol. 40, No. 24, July 15, 2024
A. General changes.
1. The administrator may from time to time
				  add or delete wastes listed in Subpart D of 40 CFR Part 261.
2. The petitions to exclude wastes listed in
				  Subpart D of 40 CFR Part 261 which are subject to federal jurisdiction shall be
				  addressed directly to the administrator in accordance with the requirements
				  contained in Subpart C of 40 CFR Part 260.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1390 - Changes in classifications as a solid waste

Current through Register Vol. 40, No. 24, July 15, 2024
A. Variances.
1. Applicability.
a. A person who recycles waste that is
				  managed entirely within the Commonwealth may petition the director to exclude
				  the waste at a particular site from the classification as the solid waste
				  (Parts I (9VAC20-60-12 et seq.) and III (9VAC20-60-124 et seq.) of this
				  chapter). The conditions under which a petition for a variance will be accepted
				  are shown in subdivision 2 of this subsection. The wastes excluded under such
				  petitions may still, however, remain classified as a solid waste for the
				  purposes of other regulations issued by the Virginia Waste Management Board or
				  other agencies of the Commonwealth.
b. A person who generates wastes at a
				  generating site in Virginia and whose waste is subject to federal jurisdiction
				  (e.g., the waste is transported across state boundaries) shall first obtain a
				  favorable decision from the administrator in accordance with Subpart C, 40 CFR
				  Part 260, before his waste may be considered for a variance by the
				  director.
c. A person who recycles
				  materials from a generating site outside the Commonwealth and who causes them
				  to be brought into the Commonwealth for recycling shall first obtain a
				  favorable decision from the administrator in accordance with Subpart C, 40 CFR
				  Part 260, before the waste may be considered for a variance by the
				  director.
d. A person who received
				  a favorable decision from the administrator in the response to a petition for
				  variance or nonwaste determination or a person whose wastes were delisted as a
				  result of a successful petition to the administrator shall provide a
				  notification to the department containing the following information:
(i) the petitioner's name and address
				  and
(ii) a copy of the
				  administrator's decision.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1400 - Changes in process classification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Variance to be classified as a boiler. In
				  accordance with the standards and criteria in the definition of "boiler" and
				  the procedures in
				  9VAC20-60-1420 B or
				  9VAC20-60-1420 C the director may
				  determine on a case-by-case basis that certain enclosed devices using
				  controlled flame combustion are boilers, even though they do not otherwise meet
				  the definition of boiler after considering the following criteria:
1. The extent to which the unit has
				  provisions for recovering and exporting thermal energy in the form of steam,
				  heated fluids, or heated gases;
2.
				  The extent to which the combustion chamber and energy recovery equipment are of
				  integral design;
3. The efficiency
				  of energy recovery, calculated in terms of the recovered energy compared with
				  the thermal value of the fuel;
4.
				  The extent to which exported energy is utilized;
5. The extent to which the device is in
				  common and customary use as a "boiler" functioning primarily to produce steam,
				  heated fluids, or heated gases; and
6. Other factors, as appropriate.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1410 - Changes in the required management procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Reclamation of precious metals. The
				  director may decide on a case-by-case basis that persons accumulating or
				  storing the recyclable materials described in
				  40 CFR
				  261.6(a)(2)(iii) should be
				  regulated under 40 CFR
				  261.6(b) and
				  40 CFR
				  261.6(c) rather than under
				  provisions of 20VAC20-60-266. The basis for this decision is that the materials
				  are being accumulated or stored in a manner that does not protect human health
				  and the environment because the materials or their toxic constituents have not
				  been adequately contained, or because the materials being accumulated or stored
				  together are incompatible. In making this decision, the director will consider
				  the following factors:
1. The types of
				  materials accumulated or stored and the amounts accumulated or
				  stored;
2. The method of
				  accumulation or storage;
3. The
				  length of time the materials have been accumulated or stored before being
				  reclaimed;
4. Whether any
				  contaminants are being released into the environment, or are likely to be so
				  released; and
5. Other relevant
				  factors. The procedures for this decision are set forth in
				  9VAC20-60-1420 C.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1420 - Administrative procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Procedures for variances to be classified as a boiler. The director will use
				  the following procedures in evaluating applications for variances to classify
				  particular enclosed controlled flame combustion devices as boilers:
1. The applicant must apply to the department
				  for the variance. The application must address the relevant criteria contained
				  in 9VAC20-60-1400.
2. The director will evaluate the application
				  and issue a draft notice tentatively granting or denying the application.
				  Notification of this tentative decision will be provided by newspaper
				  advertisement or radio broadcast in the locality where the applicant is
				  located. The director will accept comment on the tentative decision for 30
				  days, and may also hold a public hearing upon request or at his discretion. The
				  director will issue a final decision after receipt of comments and after the
				  hearing (if any).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1430 - Petitions to include additional hazardous wastes

Current through Register Vol. 40, No. 24, July 15, 2024
A. General.
1. Any person seeking to add a hazardous
				  waste or a category of hazardous waste to the universal waste regulations of
				  9VAC20-60-273 and Part XVI (9VAC20-60-1495 et seq.) of this chapter may
				  petition for a regulatory amendment under this part.
2. To be successful, the petitioner shall
				  demonstrate to the satisfaction of the director that regulation under the
				  universal waste regulations of 9VAC20-60-273 and Part XVI of this chapter:
a. Is appropriate for the waste or category
				  of waste;
b. Will improve
				  management practices for the waste or category of waste; and
c. Will improve implementation of the
				  hazardous waste program.
The petition shall include the information required by
					 9VAC20-60-1370 C. The petition should also address as many of the factors
					 listed in subsection B of this section as are appropriate for the waste or
					 category of waste addressed in the petition.
3. The director will grant or deny a petition
				  using the factors listed in subsection B of this section. The decision will be
				  based on the weight of evidence showing that regulation under 9VAC20-60-273 and
				  Part XVI of this chapter is appropriate for the waste or category of waste,
				  will improve management practices for the waste or category of waste, and will
				  improve implementation of the hazardous waste program.
4. The director may request additional
				  information needed to evaluate the merits of the petition.
5. If the director adds new hazardous wastes
				  to the list contained in 9VAC20-60-273 and in Part XVI of these regulations,
				  management of these wastes under the universal waste regulations would only be
				  allowed within the Commonwealth or other states that have added those
				  particular wastes to their regulations. Shipments of such wastes to a state
				  where universal waste standards do not apply to that waste would have to comply
				  with the full hazardous waste requirements of Parts I through XV of this
				  chapter.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 60 - VIRGINIA HAZARDOUS WASTE MANAGEMENT REGULATIONS › Part XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1435 - Petitions for site-specific variance from the applicable treatment standard under the land disposal restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
The director may approve an application for site-specific
					 variance from the applicable treatment standards under the land disposal
					 restriction using the criteria and procedures established in
					 9VAC20-60-1370 and
					 40 CFR
					 268.44.
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 XIII - Standards for the Management of Specific Hazardous Wastes and Specific Types ofManagement Facilities › Section 9VAC20-60-1435:1 - APPENDIX 14.1. 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 XV - Land Disposal Restrictions › Section 9VAC20-60-1495 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Hazardous wastes defined to be universal wastes in the texts incorporated by
				  reference at
				  9VAC20-60-260 and
				  9VAC20-60-273 and hazardous wastes
				  as defined in
				  9VAC20-60-1505 shall be universal
				  wastes for the purposes of these regulations, the Virginia Hazardous Waste
				  Management Regulations.
B. A
				  universal waste may be managed under the general provisions as hazardous waste
				  or under the special provisions as universal waste. The generator shall
				  determine under which provisions the waste shall be managed and subsequent
				  management shall be consistent with that determination by the
				  generator.
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 XV - Land Disposal Restrictions › Form - FORMS (9VAC20-60)

Current through Register Vol. 40, No. 24, July 15, 2024
Hazardous
					 Materials Incident Report, Form DOT F 5800.1 (rev. 1/04)
RCRA
					 Subtitle C Site Identification Form, EPA Form 8700-12 (OMB#: 2050-0024) (rev.
					 12/11)
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 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part II - General Information and Legislative Authority › Section 9VAC20-70-30 - Purpose of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  purpose of this chapter is to assure that owners and operators of permitted or
				  unpermitted waste management facilities identified in
				  9VAC20-70-50 A are financially
				  responsible for the closure, post-closure care and corrective action at their
				  facilities, as applicable.
B. This
				  chapter establishes standards and procedures for financial assurance to be used
				  in the issuance and continuation of permits to construct, operate, modify,
				  close, or provide post-closure care and to be used in the performance of
				  corrective actions or in formulation of enforcement documents issued by the
				  department.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part II - General Information and Legislative Authority › Section 9VAC20-70-50 - Applicability of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter applies to all persons who own, operate, or allow the following permitted or unpermitted facilities to be operated on their property:
1. Solid waste treatment, transfer and disposal facilities regulated under the Virginia Solid Waste Management Regulations (9VAC20-81);
2. Vegetative waste management facilities regulated under the Solid Waste Management Regulations (9VAC20-81);
3. Medical waste treatment, transfer or disposal facilities regulated under the Regulated Medical Waste Management Regulations (9VAC20-121); or
4. Receiving facilities as defined herein.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part II - General Information and Legislative Authority › Section 9VAC20-70-60 - Enforcement and appeal procedures; offenses and penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A. An enforcement action commences with a
				  notice from the department or its representative that there is information
				  indicating that a named party (i) is or may be in violation of a law or
				  regulation; or (ii) is not or may not be in compliance with any existing
				  requirement for obtaining or retaining a permit or other benefit or right. The
				  commencement of an enforcement action is not a case decision. An enforcement
				  action ends when a case decision becomes final, either administratively or on
				  court review.
B. All administrative
				  enforcement actions taken under this chapter are subject to the provisions of
				  the Waste Management Act and § 10.1-1186 of the Code of Virginia. All
				  appeals taken from actions of the director relative to the provisions of §
				  10.1-1457 of the Virginia Waste Management Act and this chapter shall be
				  governed by the Administrative Process Act (§ 2.2-4000 et seq. of the Code
				  of Virginia).
C. Orders. The
				  director is authorized to issue orders to require any person to comply with
				  this chapter as stated or to require such steps he deems necessary to bring
				  about compliance.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part II - General Information and Legislative Authority › Section 9VAC20-70-70 - Suspensions and revocations

Current through Register Vol. 40, No. 24, July 15, 2024
The director may revoke, suspend, or amend any permit for cause as set in §
										10.1-1409 of the Code of Virginia and as provided for in 9VAC20-81-570 and 9VAC20-81-600 of the Solid Waste Management Regulations, 9VAC20-121-310 and 9VAC20-121-320 of the Regulated Medical Waste Management Regulations, and any other applicable regulations. Failure to provide or maintain adequate financial assurance in accordance with these regulations shall be a basis for revocation of such facility permit. Failure to provide or maintain adequate financial assurance in accordance with this chapter, taken with other relevant facts and circumstances, may be a basis for summary suspension of such facility permit pending a hearing to amend or revoke the permit, or to issue any other appropriate order.
Statutory Authority: §§
												10.1-1402 and  10.1-1410 of the Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part II - General Information and Legislative Authority › Section 9VAC20-70-75 - Forfeitures

Current through Register Vol. 40, No. 24, July 15, 2024
Forfeiture of any financial obligation imposed pursuant to this chapter shall not relieve any owner or operator of a solid waste management facility from any obligations to comply with provisions of the Solid Waste Management Regulations (9VAC20-81) or the Regulated Medical Waste Management Regulations (9VAC20-121), and any other applicable regulations or any other legal obligations for the consequences of abandonment of any facility.
Statutory Authority: §§
												10.1-1402 and  10.1-1410 of the Code of Virginia
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 1 - General Provisions › Section 9VAC20-70-80

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 1 - General Provisions › Section 9VAC20-70-81 - General purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to assure that the costs
					 associated with protecting the public health and safety from the consequences
					 of an abandonment or a failure to properly execute closure, post-closure care
					 or corrective action at a facility are to be recovered from the owner or
					 operator, the owner or operator of such facility shall obtain one, or a
					 combination of the financial responsibility mechanisms described in this part.
					 Financial responsibility mechanisms shall be in the amount equal to the cost
					 estimate approved by the department using the procedures set forth in Article 3
					 (9VAC20-70-111 et seq.) of this
					 part.
B. In the case of new
					 facilities, the selected financial responsibility mechanism or mechanisms shall
					 be filed with the Department of Environmental Quality as part of the permit
					 application procedures and prior to the issuance of an operating
					 permit.
C. In the case of existing
					 facilities that become regulated as the result of a regulatory amendment, the
					 selected financial responsibility mechanism shall be filed with the Department
					 of Environmental Quality within 120 days of the effective date of the
					 amendment.
D. The director may
					 reject the proposed evidence of financial responsibility if the mechanism or
					 mechanisms submitted do not adequately assure that funds will be available for
					 closure, post-closure care, or corrective action. The owner or operator shall
					 be notified in writing within 60 days of receipt of a complete financial
					 assurance submission of the tentative decision to accept or reject the proposed
					 evidence.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 2 - Closure, Post-Closure Care and Corrective Action Requirements › Section 9VAC20-70-90 - Closure, post-closure care and corrective action requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator shall close his facility in a manner that minimizes the need for further maintenance; and controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, the post-closure escape of uncontrolled leachate, surface runoff, or waste decomposition products to the groundwater, surface water, or to the atmosphere. The owner or operator shall close his facility in accordance with all applicable regulations.
The closure standards applicable to the solid waste management facilities are described in 9VAC20-81-160, 9VAC20-81-360, and 9VAC20-81-370 of the Solid Waste Management Regulations. The closure requirements applicable to the regulated medical waste facilities are specified in 9VAC20-121-290 of the Regulated Medical Waste Management Regulations.
B. Following closure of each solid waste disposal unit, the owner or operator shall conduct post-closure care in accordance with the requirements of 9VAC20-81-170 of the Solid Waste Management Regulations, as applicable.
C. The owner or operator shall institute a corrective action program when required to do so by 9VAC20-81-45 or 9VAC20-81-260 of the Solid Waste Management Regulations, as applicable.
D. During any re-examination of a determination of the amount of financial assurance required, the owner or operator of a landfill facility not closed in accordance with 9VAC20-81 shall demonstrate financial assurance by using one or more of the approved mechanisms listed in Article 4 (9VAC20-70-140 et seq.) of this part for the lesser of the following:
1. The amount requested by the director; or
2. The following default amounts:
a. $200,000 per acre of fill for sanitary landfills; or
b. $150,000 per acre of fill for construction demolition debris landfills and industrial landfills.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 2 - Closure, Post-Closure Care and Corrective Action Requirements › Section 9VAC20-70-100

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 3 - Cost Estimates › Section 9VAC20-70-110

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 3 - Cost Estimates › Section 9VAC20-70-111 - Cost estimate for facility closure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator shall submit to the
					 department a detailed written cost estimate, in current dollars, of the cost of
					 closing the facility in accordance with the requirements of
					 9VAC20-70-90 A as part of any
					 permit application, or at the request of the director. The owner or operator
					 shall also submit to the department a revised cost estimate in current dollars
					 when requesting a permit modification that changes the closure cost estimate.
					 The closure cost estimate shall be approved by the director.
1. The estimate shall equal the cost of final
					 closure at the point in the facility's active life when the extent and manner
					 of its operation would make closure the most expensive, as indicated by its
					 closure plan.
2. The closure cost
					 estimate shall be based on the costs to the owner or operator of hiring a third
					 party to close the facility. A third party may not be either a parent or a
					 subsidiary of the owner or operator.
3. The closure cost estimate may not
					 incorporate any salvage value that may be realized by the sale of wastes,
					 facility structures or equipment, land or other facility assets at the time of
					 partial or final closures.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 3 - Cost Estimates › Section 9VAC20-70-113 - Financial assurance for corrective action

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within 120 days of a facility's finding or
					 the director's determining (whichever first occurs) that Groundwater Protection
					 Standards established as required by
					 9VAC20-81-250 have been
					 statistically exceeded, an owner or operator of a landfill or other unit
					 subject to groundwater monitoring shall provide additional financial assurance
					 in the amount of $1 million to the department using the mechanisms listed under
					 Article 4 (9VAC20-70-140 et seq.) of this
					 part. The director shall release the owner or operator from this requirement
					 after the director has determined:
1. The
					 owner or operator is providing financial assurance for a corrective action
					 program using one or more mechanisms listed under Article 4 (9VAC20-70-140 et seq.) of this
					 part, as required under
					 9VAC20-70-90 C and subsections B
					 and C of this section; or
2. The
					 owner of operator has achieved compliance with Groundwater Protection Standards
					 by demonstrating that concentrations of Table 3.1, Column B of
					 9VAC20-81-250 have not exceeded the
					 Groundwater Protection Standards for a period of three consecutive years using
					 the appropriate statistical procedures and performance standards.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-120 to 9VAC20-70-130

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-140 - Allowable financial mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
The mechanisms used to demonstrate financial assurance
						shall ensure that the funds necessary to meet the costs of closure,
						post-closure care, and corrective action for known releases will be available
						whenever they are needed. Owners and operators shall choose from the options
						specified in this article.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-150 - Trust fund

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
					 operator may satisfy the requirements of this article by establishing a trust
					 fund that conforms to the requirements of this section and by submitting an
					 originally signed triplicate of the trust agreement to the director. The owner
					 or operator shall also place a copy of the trust agreement into the facility's
					 operating record. The trustee for the trust fund shall be a bank or financial
					 institution that has the authority to act as a trustee and whose trust
					 operations are regulated and examined by the Commonwealth of
					 Virginia.
B. Payments into the
					 trust fund shall be made annually by the owner or operator over the active or
					 the remaining life of the solid waste management unit, whichever is shorter. In
					 the case of a trust fund for closure or post-closure care, this is known as the
					 "pay-in period." In the case of a trust fund for corrective action for known
					 releases, the "corrective action pay-in period" is one-half of the estimated
					 length of the corrective action program.
C. If a trust fund is used to demonstrate
					 financial assurance for closure and post-closure care:
1. For a new facility, the first payment
					 shall be made at least 60 days before the initial receipt of waste for
					 treatment or disposal. A receipt from the trustee for this payment shall be
					 submitted by the owner or operator to the director before this initial receipt
					 of waste. For an existing facility, permitted or unpermitted, the first payment
					 is due on the effective date of the trust agreement.
2. The first payment shall be at least equal
					 to the current closure cost and, if applicable, post-closure care estimate
					 divided by the number of years in the pay-in period. The amount of the first
					 payment shall be determined by the formula:
First payment is the
Cost Estimate
or
CE
Total Years
TY
where CE is the current closure and post-closure cost
						estimate and TY is the number of years in the pay-in period. Subsequent
						payments shall be made no later than 30 days after each anniversary date of the
						first payment. The amount of each subsequent payment shall be determined by
						this formula:
Next payment is the
Cost Estimate - Current Value of the trust fund
or
CE - CV
Remaining Years
RY
where CE is the current closure and post-closure care
						cost estimate (updated for inflation), CV is the current value of the trust
						fund, and RY is the number of years remaining in the pay-in period.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-160 - Surety bond guaranteeing payment or performance

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or operator may demonstrate
					 financial assurance for closure or post-closure care by obtaining a payment or
					 performance surety bond that satisfies the requirements of this section. An
					 owner or operator may demonstrate financial assurance for corrective action by
					 obtaining a performance bond which conforms to the requirements of this
					 section. A copy of the bond shall be placed in the facility's operating record.
1. An owner or operator of a new facility
					 shall submit the original bond to the director at least 60 days before the date
					 on which waste is first received for treatment or disposal. In case of existing
					 facilities, the owner or operator who substitutes a surety bond for another
					 financial assurance mechanism already in place shall submit the bond to the
					 director at least 30 days before the expiration date of the previous
					 mechanism.
2. The bond shall be
					 effective before the initial receipt of waste; January 7, 1998; or the
					 expiration date of the previous assurance mechanism, whichever is later, or no
					 later than 120 days after the corrective action remedy has been
					 selected.
3. The surety company
					 issuing the bond shall, at a minimum, be among those listed as acceptable
					 sureties on federal bonds in Circular 570 of the U.S. Department of Treasury
					 and must be licensed pursuant to Chapter 10 (§ 38.2-1000 et seq.) of Title
					 38.2 of the Code of Virginia.
4.
					 The owner or operator shall submit with the bond evidence that the power of
					 attorney of the attorney-in-fact executing the bond is recorded pursuant to
					 § 38.2-2416 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-180 - Certificate of deposit

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
					 owner or operator of a facility (with the exception of sanitary landfills) may
					 satisfy the requirements of this article, wholly or in part, by assigning all
					 rights, title and interest of a certificate of deposit to the Department of
					 Environmental Quality, Commonwealth of Virginia, conditioned so that the owner
					 or operator shall comply with the closure, post-closure care or corrective
					 action plan filed for the site. The amount of the certificate of deposit shall
					 be at least equal to the estimated closure, post-closure care or corrective
					 action cost for the site for which the permit application has been filed or any
					 part thereof not covered by other financial responsibility mechanisms. The
					 owner or operator shall maintain the certificate of deposit until proper final
					 closure, post-closure care or corrective action is completed. The original
					 assignment and the certificate of deposit, if applicable, must be submitted to
					 the department to prove that the certificate of deposit has been obtained and
					 meets the requirements of this section. A copy of the certificate of deposit
					 shall be maintained in the facility's operating record.
B. The owner or operator shall be entitled to
					 demand, receive and recover the interest and income from the certificate of
					 deposit as it becomes due and payable as long as the market value of the
					 certificate of deposit plus any other mechanisms used continue to at least
					 equal the amount of the estimated current closure, post-closure care, or
					 corrective action cost.
C. In the
					 event of failure of the owner or operator to comply with the final closure,
					 post-closure care or corrective action requirements, the director shall cash
					 the certificate of deposit.
D. The
					 owner or operator shall establish a standby trust fund. The standby trust fund
					 shall meet the requirements of
					 9VAC20-70-150 except the
					 requirements for initial payment and subsequent annual payments.
E. Payments made under the terms of the
					 certificate of deposit will be deposited by the issuing institution directly
					 into the standby trust fund. Payments from the trust fund shall be approved by
					 the director.
F. The wording of the
					 assignment shall be identical to the wording specified in
					 9VAC20-70-290 D.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-200 - Corporate financial test

Current through Register Vol. 40, No. 24, July 15, 2024
An owner or operator may satisfy the requirements for
						financial assurance by demonstrating that he passes a financial test as
						specified in this section. To pass this test the owner or operator shall meet
						the following criteria:
1. Financial
					 component.
a. The owner or operator shall
					 satisfy one of the following three conditions:
(1) Supply documentation demonstrating that
					 the owner or operator has a current rating for its senior unsubordinated debt
					 of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as
					 issued by Moody's;
(2) A ratio of
					 less than 1.5 comparing total liabilities to net worth; or
(3) A ratio of greater than 0.10 comparing
					 the sum of net income plus depreciation, depletion and amortization, minus $10
					 million, to total liabilities.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-210 - Local government financial test

Current through Register Vol. 40, No. 24, July 15, 2024
An owner or operator that satisfies the requirements of
						subdivisions 1 through 3 of this section may demonstrate financial assurance
						using the local government financial test up to the amount specified in
						subdivision 4 of this section.
1.
					 Financial component.
a. The owner or operator
					 shall satisfy the provisions of subdivision 1 a of this section, as applicable:
(1) If the owner or operator has outstanding,
					 rated, general obligation bonds that are not secured by insurance, a letter of
					 credit, or other collateral or guarantee, he shall supply the director with
					 documentation demonstrating that the owner or operator has a current rating of
					 Aaa, Aa, A, or Baa, as issued by Moody's, or AAA, AA, A, or BBB, as issued by
					 Standard and Poor's on all such general obligation bonds; or
(2) If the owner or operator does not have
					 outstanding, rated general obligation bonds, he shall satisfy each of the
					 following financial ratios based on the owner's or operator's most recent
					 audited annual financial statement:
(a) A
					 ratio of cash plus marketable securities to total expenditures greater than or
					 equal to 0.05; and
(b) A ratio of
					 annual debt service to total expenditures less than or equal to
					 0.20.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-220 - Corporate guarantee

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
					 owner or operator may meet the requirements of this article by obtaining a
					 written guarantee, hereafter referred to as "corporate guarantee." The
					 guarantor shall be the direct or higher-tier parent corporation of the owner or
					 operator, a firm whose parent corporation is also the parent corporation of the
					 owner or operator, or a firm with a "substantial business relationship" with
					 the owner or operator.
B. Financial
					 component. The guarantor shall meet the requirements for owners or operators in
					 9VAC20-70-200 and shall comply with
					 the terms of the corporate guarantee.
C. Reporting requirements.
1. The wording of the corporate guarantee
					 shall be identical to the wording specified in
					 9VAC20-70-290 J. The corporate
					 guarantee shall accompany the items sent to the director as specified in
					 subdivision 2 of
					 9VAC20-70-200. A copy of the
					 guarantee and other items listed in subdivision 2 of
					 9VAC20-70-200 shall be placed in
					 the facility's operating record.
2.
					 If the guarantor's parent corporation is also the parent corporation of the
					 owner or operator, the letter shall describe the value received in
					 consideration of the guarantee. If the guarantor is a firm with a "substantial
					 business relationship" with the owner or operator, this letter shall describe
					 this "substantial business relationship" and the value received in
					 consideration of the guarantee.
3.
					 The guarantee shall be effective and the guarantor shall submit the items
					 specified in subdivision 2 of
					 9VAC20-70-200 before the initial
					 receipt of the waste or before the effective date of this amendment, whichever
					 is later in the case of closure or post-closure care, or no later than 120 days
					 after the corrective action remedy has been selected. If the owner or operator
					 changes the financial assurance mechanism to corporate guarantee from any other
					 mechanism, the guarantor shall submit the required items 60 days before the
					 former mechanism expires.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-230 - Local government guarantee

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or operator may demonstrate
					 financial assurance for closure, post-closure, and corrective action, as
					 required by this article, by obtaining a written guarantee provided by a local
					 government. The guarantor shall meet the requirements of the local government
					 financial test in
					 9VAC20-70-210 and shall comply with
					 the terms of a written guarantee.
B. Terms of the written guarantee. The
					 guarantee shall be effective before the initial receipt of waste or before
					 January 7, 1998, whichever is later, in the case of closure, post-closure care,
					 or no later than 120 days after the corrective action remedy has been selected.
					 The guarantee shall provide that:
1. If the
					 owner or operator fails to perform closure, post-closure care, and/or
					 corrective action of a facility covered by the guarantee, the guarantor will:
a. Perform, or pay a third party to perform,
					 closure, post-closure care, and/or corrective action as required; or
b. Establish a fully funded trust fund as
					 specified in
					 9VAC20-70-150 in the name of the
					 owner or operator.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 4 - Allowable Financial Mechanisms › Section 9VAC20-70-240

Current through Register Vol. 40, No. 24, July 15, 2024