Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS › Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills › Section 9VAC20-81-100 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who
				  constructs, or operates any solid waste disposal facility, not otherwise exempt
				  under 9VAC20-81-35 D, shall comply with
				  the requirements of this part. Further, all applications for permits pursuant
				  to these standards shall demonstrate specific means proposed for compliance
				  with requirements set forth in this part.
B. All solid waste disposal facilities shall
				  be maintained and operated in accordance with the permit issued pursuant to
				  this regulation, and in accordance with the approved design and intended use of
				  the facility.
C. Hazardous wastes
				  shall not be disposed of or managed in solid waste disposal facilities subject
				  to this regulation unless specifically authorized by the facility permit or the
				  director.
D. A solid waste
				  management facility regulated under Part IV (9VAC20-81-300 et seq.) of this
				  chapter will become subject to the closure and postclosure care standards
				  contained in this part if solid waste will remain after the closure of such a
				  facility.
E. Control program for
				  unauthorized waste.
1. All landfills are
				  required to implement a control program for unauthorized waste in accordance
				  with the provisions of this section. A written description of the program will
				  be placed in the operating record. Additional provisions for sanitary landfills
				  required in subdivision 5 of this subsection are required to be placed in the
				  landfill's operating record. The owner or operator shall institute a control
				  program (including measures such as signs at all maintained access points
				  indicating hours of operation and the types of solid waste accepted and not
				  accepted, monitoring, alternate collection programs, passage of local laws,
				  etc.) to assure that only solid waste authorized by the department to be
				  treated, disposed of, or transferred at the landfill is being treated, disposed
				  of, or transferred at that landfill. The owner or operator must develop and
				  implement a program to teach the landfill's staff to recognize, remove, and
				  report receipt of solid waste not authorized by the department to be treated,
				  disposed of, or transferred at the landfill.
2. If unauthorized waste is observed in the
				  waste delivered to the facility prior to unloading, the owner or operator may
				  refuse to accept the waste. If the owner or operator has accepted the waste,
				  the owner or operator shall remove it, segregate it, and provide to the
				  department a record identifying that waste and its final disposition. Records
				  of each incident shall be available for department review. Any unauthorized
				  waste accepted by the owner or operator shall be managed in accordance with
				  applicable federal or state laws and regulations.
3. Solid waste not authorized by the
				  department to be treated, disposed of, or transferred at the landfill that is
				  segregated shall be adequately secured and contained to prevent leakage or
				  contamination of the environment. The solid waste management facility owner or
				  operator shall have the unauthorized waste removed or properly managed as soon
				  as practicable, but not more than 90 days after discovery. Removal shall be by
				  a person authorized to transport such waste to a waste management facility
				  approved to receive it for treatment, disposal, or transfer.
4. Each noncaptive landfill receiving waste
				  generated outside Virginia shall include provisions in the landfill's
				  unauthorized waste control program for notifying customers outside of Virginia
				  of Virginia's requirements and for preventing the acceptance of prohibited
				  wastes. Each noncaptive landfill shall comply with the same increased random
				  inspection provisions presented for all such landfills in subdivision 5 of this
				  subsection, as applicable.
5. The
				  owner or operator of all landfills (other than captive industrial landfills)
				  shall implement an inspection program to be conducted by landfill personnel to
				  detect and prevent disposal of those wastes prohibited in
				  9VAC20-81-40 and
				  9VAC20-81-140. In addition to
				  implementing the requirements of the control program for unauthorized waste in
				  this subsection, the program shall include, at a minimum:
a. The procedures for the routine monitoring
				  and observation of incoming waste at the working face of the
				  landfill;
b. The procedures for
				  random inspections of incoming loads to detect whether incoming loads contain
				  regulated hazardous wastes, PCB wastes, regulated medical waste, or other
				  unauthorized solid waste and ensure that such wastes are not accepted at the
				  landfill. The owner or operator shall inspect a minimum of 1.0% of the incoming
				  loads of waste. In addition, if the facility receives waste generated outside
				  of Virginia and the regulatory structure in that jurisdiction allows for the
				  disposal or incineration of wastes as municipal solid waste that Virginia's
				  laws and regulations prohibit or restrict, the facility shall inspect a minimum
				  of 10% of the incoming loads;
c.
				  Records of all inspections, to include at a minimum time and date of the
				  inspection, the personnel involved, the hauler, the type of waste observed, the
				  identity of the generator of the waste if it can be determined, the location of
				  the facility where the waste was handled prior to being sent to the landfill,
				  and the results of the inspection. All records associated with unauthorized
				  waste monitoring and incidents shall be retained onsite for a minimum of three
				  years and shall be available for inspection by the department;
d. Training of landfill personnel to
				  recognize and manage regulated hazardous waste, PCB wastes, regulated medical
				  waste, and other unauthorized solid wastes;
e. Notification to the department if a
				  regulated hazardous waste, PCB waste, regulated medical waste, or other
				  unauthorized waste is discovered at the landfill. This notification will be
				  made orally as soon as possible, but no later than 24 hours after the
				  occurrence and shall be followed within five working days by a written report
				  that includes a description of the event, the cause of the event, the time and
				  date of the event, and the actions taken to respond to the event; and
f. All regulated medical waste, PCB waste, or
				  other unauthorized solid waste that are detected at a landfill shall be
				  isolated from the incoming waste and properly contained until arrangements can
				  be made for proper transportation for treatment or disposal at an approved
				  facility.