reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part III - Standards For Loading And Off-Loading Receiving Facilities › Article 2 - Facility Closure › Section 9VAC20-170-120 - Closure standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 owner or operator shall close the receiving 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 escape of
					 residual waste, surface runoff, or waste decomposition products to the
					 groundwater, surface water, or to the atmosphere.
B. At closure, the owner or operator shall
					 remove or decontaminate all waste residues, contaminated containment systems,
					 containers, contaminated subsoils, and structures and equipment contaminated
					 with waste.
C. The owner or
					 operator shall complete closure activities in accordance with the closure plan
					 and within six months after receiving the final volume of wastes.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part III - Standards For Loading And Off-Loading Receiving Facilities › Article 2 - Facility Closure › Section 9VAC20-170-130 - Closure plan and amendment of plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator of a receiving
					 facility shall prepare a written closure plan. The plan shall identify the
					 steps necessary to completely close the facility at its full operation. The
					 closure plan shall include, at least a schedule for final closure including, as
					 a minimum, the anticipated date when wastes will no longer be received, the
					 date when completion of final closure is anticipated, and intervening milestone
					 dates which will allow tracking of the progress of closure.
B. The owner or operator with the approval of
					 the department may amend his closure plan at any time during the active life of
					 the facility. At least 45 days prior to the submittal of the amended plan for
					 the department's approval, the owner or operator shall publish a notice in a
					 major local newspaper of general circulation informing the public that he
					 intends to amend the closure plan. Results of the public participation effort
					 including a summary of and the permittee's response to the comments received
					 shall be submitted along with the amended closure plan for approval. The
					 approved plan shall be placed in the operating record.
C. At least 90 days prior to beginning
					 closure of the receiving facility, the owner or operator shall notify the
					 department of the intent to close.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part III - Standards For Loading And Off-Loading Receiving Facilities › Article 2 - Facility Closure › Section 9VAC20-170-140 - Inspection

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall inspect all receiving facilities
						that have been closed to determine if the closing is complete and adequate. It
						shall notify the owner of a closed facility, in writing, if the closure is
						satisfactory, and shall order necessary construction or such other steps as may
						be necessary to bring unsatisfactory sites into compliance with this
						part.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part IV - Permitting Of Off-Loading Receiving Facilities › Section 9VAC20-170-150 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This part
				  applies to a receiving facility (as defined under
				  9VAC20-170-10 ) that off-loads
				  solid waste or regulated medical waste and its owner or operator.
B. Each off-loading receiving facility's
				  permit shall be limited to one site and shall be nontransferable between
				  sites.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part IV - Permitting Of Off-Loading Receiving Facilities › Section 9VAC20-170-160 - Compliance dates

Current through Register Vol. 40, No. 24, July 15, 2024
No new or existing facilities shall receive any solid
					 wastes or regulated medical wastes from a ship, barge, or other vessel without
					 a permit issued in accordance with this part.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part IV - Permitting Of Off-Loading Receiving Facilities › Section 9VAC20-170-170 - Permit by rule

Current through Register Vol. 40, No. 24, July 15, 2024
The owner or operator of the off-loading receiving
					 facility shall be deemed to have a solid waste management facility permit if
					 the provisions in
					 9VAC20-170-180 and
					 9VAC20-170-190 are
					 met.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part IV - Permitting Of Off-Loading Receiving Facilities › Section 9VAC20-170-180 - Permit certification procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator of a receiving
				  facility shall submit the permit certification fee in accordance with
				  9VAC20-170-190 and a certification
				  package including the following documents:
1.
				  A notice of intent which notifies the department of his intent to operate such
				  a facility and a statement certifying that the siting standards have been met
				  by the facility in accordance with
				  9VAC20-170-80;
2. Plans and specifications of the receiving
				  facility and a certificate signed by a registered professional engineer that
				  the facility has been designed and constructed in accordance with
				  9VAC20-170-90;
3. An Operation and Maintenance Manual and a
				  statement certifying that the Operation and Maintenance Manual will be
				  implemented prior to the commencement of operation in accordance with
				  9VAC20-170-110;
4. A certification from the governing body of
				  the county, city or town in which the facility is or is to be located that the
				  location and operation of the facility is consistent with all applicable
				  ordinances. If the applicant proposes to locate the facility on property not
				  governed by any county, city or town zoning ordinance, a certification from the
				  governing body that it has held a public hearing to receive public comment on
				  the proposed facility;
5. A
				  disclosure statement for all key personnel;
6. Results of the public participation effort
				  conducted in accordance with the requirements contained in subsection B of this
				  section, including a summary of and the applicant's response to the comments
				  received; and
7. A closure plan and
				  a statement certifying that a closure plan has been prepared in accordance with
				  9VAC20-170-120.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part IV - Permitting Of Off-Loading Receiving Facilities › Section 9VAC20-170-190 - Permit fee requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Purpose. The purpose of this section is to establish schedules and procedures
				  pertaining to the payment and collection of fees from any owner or operator of
				  a receiving facility seeking a new permit by rule or seeking a modification to
				  an existing permit by rule. It also establishes schedules and procedures
				  pertaining to the payment and collection of inspection fees from any owner or
				  operator of a receiving facility.
B. Payment, deposit and use of fees.
1. Due date. All permit certification fees
				  are due on the submittal day of the certification package. The inspection fees
				  for the first year or portion of a year are due as part of the permit
				  certification. Thereafter, all inspection fees are due March 1.
2. Method of payment. Fees shall be paid by
				  check, draft or postal money order made payable to "Treasurer of Virginia/DEQ",
				  and shall be sent to the Department of Environmental Quality, Receipts Control,
				  P.O. Box 1104, Richmond, VA 23218.
3. Incomplete payments. All incomplete
				  payments will be deemed nonpayments.
4. Late payment. No certifications will be
				  deemed complete until the department receives proper payment. In the event that
				  the inspection fee is not received by the department on or prior to March 1,
				  the owner or operator of the facility will be considered to be operating an
				  unpermitted facility.
5. Fee
				  schedules. Each certification for a permit by rule or each certification for a
				  modification to a permit by rule is a separate action and shall be assessed a
				  separate fee. The amount of the permit certification fee is based on the costs
				  associated with the permitting program required by this chapter. An inspection
				  fee will be collected annually and its amount is based on the costs associated
				  with the inspections program conducted by the department on at least a
				  quarterly basis. The fee schedules are shown in the following table.
Type of Action
Fee
Initial certification
$6,200
Modification
with a closure plan amendment without a closure plan
							 amendment
$2,500 $1,250
Inspections
$10,000
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part V - Monthly Fees Collected By Receiving Facilities › Section 9VAC20-170-195 - Monthly fee requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Purpose and application.
1. The purpose of
				  this section is to establish schedules and procedures pertaining to the payment
				  and collection of waste monthly fees from any owner or operator of any ship,
				  barge or other vessel by the receiving facility.
2. The fees shall be based on the accurate
				  weight of waste received at the receiving facility. If scales are unavailable,
				  the maximum volumetric capacity of the container multiplied by 0.50 tons per
				  cubic yard may be used as an alternative to accurate weighing of the waste. If
				  the volumetric alternative is used, accurate and complete records of the volume
				  of each container of such waste must be maintained in addition to the
				  calculated weight records describe in this part.
3. If a ship, barge or other vessel that
				  off-loads no more than 50 tons of waste per month in total at all facilities,
				  then the owner or operator of the ship, barge, or other vessel is exempt from
				  the assessment and payment of operating fees and related requirements set out
				  in this section, except for the maintenance of records.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part V - Monthly Fees Collected By Receiving Facilities › Section 9VAC20-170-200 to 9VAC20-170-260 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-270 - General purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This part sets forth the procedures by
				  which an owner and operator of a vessel transporting solid wastes or regulated
				  medical wastes upon the navigable waters of the Commonwealth, to the extent
				  allowable under state law, may establish and maintain evidence of financial
				  responsibility to cover liability of the owner and operator arising from a
				  deposit of solid wastes or regulated medical wastes into state
				  waters.
B. In order to ensure that
				  the costs associated with protecting public health, welfare and property from
				  the consequences of such a deposit of solid wastes or regulated medical wastes
				  are to be recovered from the owner and operator of a vessel transporting solid
				  wastes or regulated medical waste, the owner and operator of such a vessel
				  shall obtain one or a combination of the financial mechanisms described in this
				  part.
C. The director may reject
				  the proposed evidence of financial responsibility if the mechanism or
				  mechanisms submitted do not adequately ensure that funds will be available to
				  accomplish the purpose of this part.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-280 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This part
				  applies to all persons who own or operate a vessel transporting solid wastes or
				  regulated medical wastes for the purposes of commercial carriage as cargo on
				  the navigable waters of the Commonwealth, to the extent allowable under state
				  law, unless otherwise exempt.
B.
				  For purposes of this part, when a vessel is chartered by demise, the demise
				  charterer rather than the title owner is the owner of the chartered
				  vessel.
C. Owners or operators of
				  such vessels who are federal or state government entities whose debts and
				  liabilities are the debts or liabilities of the United States or the
				  Commonwealth, are exempt from this part.
D. If separate, nonexempt persons own or
				  operate a vessel subject to this part, the owner and operator shall be jointly
				  and severally liable for meeting the requirements of this part. If either the
				  owner or operator is exempt, as provided in subsection C of this section, then
				  the other person shall be responsible for meeting the requirements of this
				  part. If both the owner and the operator are exempt, as provided in subsection
				  C of this section, then the requirements of this part are not applicable to
				  that vessel.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-290 - Certificate of Financial Responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. No vessel shall transport solid waste or
				  regulated medical waste upon the navigable waters of the Commonwealth, to the
				  extent allowable under state law, without a valid Certificate of Financial
				  Responsibility (certificate).
B.
				  Application requirements.
1. Each owner and
				  operator shall file an application for a certificate with the department. If
				  the owner and operator are the same entity, only one application is required to
				  be filed with the department. The application shall be in the standard form
				  approved by the board. The application and all supporting documents shall be in
				  English. All monetary terms must be expressed in United States
				  dollars.
2. A certificate applicant
				  may include more than one vessel on the application.
3. Each completed application form shall be
				  accompanied by valid evidence of financial responsibility from the certificate
				  applicant in accordance with
				  9VAC20-170-310, in the amounts
				  specified in
				  9VAC20-170-300 and valid evidence
				  of liability coverage in accordance with
				  9VAC20-170-330.
4. An authorized official of the certificate
				  applicant shall sign the application. The title of the signer must be shown in
				  the space provided on the application. The application must be accompanied by a
				  written statement providing authority to sign, where the signer is not
				  disclosed as an individual (sole proprietor) certificate applicant, a partner
				  in a partnership certificate applicant, or a director, chief executive officer,
				  or any other duly authorized officer of a corporate certificate
				  applicant.
5. If, before the
				  issuance of a certificate, the certificate applicant becomes aware of a change
				  in any of the facts contained in the application or supporting documentation,
				  the certificate applicant shall, within five business days of becoming aware of
				  the change, notify the department, in writing, of the change.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-300 - Amount and scope of financial responsibility requirement

Current through Register Vol. 40, No. 24, July 15, 2024
Each owner and operator of a vessel transporting solid
					 waste and/or regulated medical waste upon the navigable waters of the
					 Commonwealth, to the extent allowable under state law, shall demonstrate
					 financial responsibility for the total cost of cleanup and containment of a
					 solid waste and/or regulated medical waste deposit into state waters, and the
					 potential impairment of beneficial use of these waters in the following
					 amounts:
1. For each owner and
				  operator of a vessel transporting solid wastes only: $1 million or $300 per
				  gross ton of such vessel, whichever is larger. If the owner or operator owns or
				  operates more than one vessel transporting waste, the amount of financial
				  responsibility shall equal $1 million or $300 per gross ton of the owned or
				  operated vessel with the largest transporting capacity, whichever is
				  larger.
2. For each owner and
				  operator of a vessel transporting regulated medical waste or a combination of
				  regulated medical waste and solid waste: $5 million or $300 per gross ton of
				  such vessel. If the owner or operator owns or operates more than one vessel
				  transporting waste, the amount of financial responsibility shall equal $5
				  million or $300 per gross ton of the owned or operated vessel with the largest
				  transporting capacity, whichever is larger.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-320 - Multiple mechanisms

Current through Register Vol. 40, No. 24, July 15, 2024
An owner or operator may satisfy the requirements of this
					 part by establishing more than one financial mechanism, except that mechanisms
					 guaranteeing performance, rather than payment, may not be combined with other
					 mechanisms. The mechanisms shall be as specified in
					 9VAC20-170-310 C 1 through 4,
					 except that evidence of financial responsibility in the amount at least equal
					 to the amount specified in
					 9VAC20-170-300 may be provided by a
					 combination of mechanisms, rather than a single mechanism.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-330 - Liability requirement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  owner and operator of a vessel or a group of such vessels transporting solid
				  wastes or regulated medical wastes upon the navigable waters of the
				  Commonwealth, to the extent allowable under state law, shall demonstrate
				  financial responsibility for bodily injury and property damage to third parties
				  caused by sudden and/or nonsudden accidental occurrences arising from a deposit
				  of solid wastes and/or regulated medical waste into the navigable waters of the
				  Commonwealth. The owner or operator shall establish and maintain liability
				  coverage in the following amounts:
1. For
				  sudden and/or nonsudden accidental occurrences, arising from the deposit of
				  solid wastes from a vessel into the navigable waters of the Commonwealth, to
				  the extent allowable under state law, at least $1 million per occurrence with
				  an annual aggregate of at least $2 million, exclusive of legal defense costs;
				  and
2. For sudden and/or nonsudden
				  accidental occurrences, arising from the deposit of regulated medical wastes,
				  or a combination of solid wastes and regulated medical wastes, from a vessel
				  into the navigable waters of the Commonwealth, to the extent allowable under
				  state law, at least $3 million per occurrence with an annual aggregate of at
				  least $6 million, exclusive of legal defense costs.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-340 - Substitution of financial responsibility mechanisms by owner or operator

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or
				  operator may substitute any alternate financial responsibility mechanism as
				  specified in this part, provided that at all times the owner or operator
				  maintains an effective financial responsibility mechanism or combination of
				  mechanisms that satisfies the requirements of
				  9VAC20-170-310 C if the mechanism
				  or mechanisms are submitted to comply with the requirements of
				  9VAC20-170-310 A and
				  9VAC20-170-330 if the mechanism or
				  mechanisms are submitted to comply with the requirements of
				  9VAC20-170-330 A.
B. After obtaining an alternate financial
				  responsibility mechanism, or combination of mechanisms, as specified in this
				  part and written approval from the director, an owner or operator may cancel
				  the replaced financial responsibility mechanism by providing notice to the
				  provider of financial responsibility.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-350 - Cancellation or nonrenewal by a provider of financial responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				  otherwise provided, a provider of financial responsibility may cancel or fail
				  to renew a financial responsibility mechanism by sending a notice of
				  termination by certified mail to the owner or operator and the department.
1. Termination of a surety bond or a letter
				  of credit may not occur until 120 days after the date on which the department
				  and the owner or operator receive the notice of termination, as evidenced by
				  the return receipts.
2. Termination
				  of insurance coverage, except for nonpayment or misrepresentation by the
				  insured may not occur until 60 days after the date on which the department and
				  the owner or operator receive the notice of termination, as evidenced by the
				  return receipts. Termination for nonpayment of premium or misrepresentation by
				  the insured may not occur until a minimum of 30 days after the date on which
				  the department and the owner or operator receives the notice of termination, as
				  evidenced by the return receipts.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-360 - Drawing on a financial responsibility mechanism

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director may require the surety or
				  institution issuing a letter of credit to place the amount of funds stipulated
				  by the board, up to the limit of funds provided by the financial responsibility
				  mechanism, into the standby trust if:
1.
a. The owner or operator fails to obtain and
				  submit an alternate financial responsibility mechanism, or combination of
				  mechanisms within 60 days after receiving notice of cancellation of the surety
				  bond or letter of credit described in this subsection; or
b. The director determines or has a
				  reasonable belief that a deposit of solid wastes and/or regulated medical
				  wastes into state waters has occurred and so notifies the owner and operator,
				  or the owner or operator has notified the department of a waste deposit into
				  state waters from a vessel covered by the mechanism; or
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-370 - Replenishment of letters of credit or surety bonds

Current through Register Vol. 40, No. 24, July 15, 2024
A. If at any time after a standby trust is
				  funded upon the instruction of the director with funds drawn from a letter of
				  credit or surety bond, and the amount in the standby trust is reduced below the
				  full amount of coverage required, the owner or operator providing the mechanism
				  shall by the anniversary date of the financial mechanism from which the funds
				  were drawn:
1. Replenish the value of the
				  financial responsibility mechanism to equal the full amount of coverage
				  required; or
2. Acquire another
				  financial responsibility mechanism for the amount by which funds in the standby
				  trust have been reduced.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-380 - Incapacity of owners, operators or financial institution

Current through Register Vol. 40, No. 24, July 15, 2024
A. An owner or operator shall notify the
				  department by certified mail of the commencement of a voluntary or involuntary
				  proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
				  as debtor, within 10 days after commencement of the proceeding.
B. An owner or operator who fulfills the
				  requirements of this part by obtaining a trust fund, a letter of credit, a
				  surety bond, or an insurance policy, will be deemed to be without the required
				  financial responsibility in the event of bankruptcy of the trustee or issuing
				  institution, or a suspension or revocation of the authority of the trustee
				  institution to act as trustee or of the institution issuing a surety bond,
				  letter of credit, or insurance policy to issue such mechanisms. The owner or
				  operator shall establish another financial responsibility mechanism, or
				  combination of mechanisms, within 60 days of such event. If the owner or
				  operator does not obtain alternate coverage within 60 days after such
				  notification, he shall immediately notify the department in writing.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-390 - Service of process

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				  executing the forms required by this part, each certificate applicant shall
				  designate on the face of the application, a person located in Virginia as its
				  agent for service of process for purposes of this part and for receipt of
				  notices of designations and presentations of claims under this regulation. Each
				  designated agent shall acknowledge his designation by providing the department
				  with a letter showing that he has agreed to act as the registered agent for
				  service of process for the certificate applicant or certificant in
				  question.
B. If any certificate
				  applicant or certificant desires, for any reason, to change any designated
				  agent, the certificate applicant or certificant shall notify the department of
				  the change and furnish the relevant information, including the new agent's
				  acknowledgment in accordance with subsection A of this section. In the event of
				  death, disability, or unavailability of a designated agent, the certificate
				  applicant or certificant shall designate another agent in accordance with
				  paragraph A of this section within 10 days of knowledge of any such event. The
				  certificate applicant or certificant shall submit the new designation to the
				  department. The director may revoke a certificate if a certificate applicant or
				  certificant fails to designate and maintain an agent for service of
				  process.
C. If a designated agent
				  can not be served because of death, disability, unavailability, or similar
				  event and another agent has not been designated under this section, then
				  service of process on the director will constitute valid service of process.
				  Service of process on the director will not be effective unless the server
1. Sends the certificate applicant or
				  certificant by registered mail, at its last known address on file with the
				  director a copy of each document served on the department; and
2. Attests to this registered mailing, at the
				  time process is served upon the director, indicating that the intent of the
				  mailing is to effect service of process on the certificate applicant or
				  certificant and that service on the designated agent is not possible, stating
				  the reason why.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-400 - Release from financial responsibility requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Within 60 days after termination of vessel registration is
					 accomplished, the director shall notify the owner and operator in writing that
					 they are no longer required to maintain financial responsibility and liability
					 coverage for the vessel. Such notice shall release the owner and operator only
					 from the requirements for financial responsibility for the vessel; it does not
					 release him from legal responsibility for meeting any other requirements of
					 this chapter.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-400:1 - APPENDIX I

Current through Register Vol. 40, No. 24, July 15, 2024
(NOTE: Instructions in brackets are to be replaced with
					 the relevant information and the brackets deleted.)
TRUST AGREEMENT
Trust agreement, the "Agreement," entered into as of
					 [date] by and between [name of the vessel owner or operator], a [State]
					 [corporation, partnership, association, proprietorship], the "Grantor," and
					 [name of corporate trustee], a [State corporation] [national bank], the
					 "Trustee."
Whereas, the Virginia Waste Management Board has
					 established certain regulations applicable to the Grantor, requiring that the
					 owner and operator of a vessel transporting solid and/or regulated medical
					 waste upon the navigable waters of the Commonwealth must provide assurance that
					 funds will be available when needed for cleanup or containment of a waste
					 deposit into such waters,
[Insert the following paragraph if this Trust is
					 established as the financial responsibility mechanism pursuant to
					 9VAC20-170-310 C 1:
Whereas, the Grantor has elected to establish a trust to
					 assure all or part of such financial responsibility for the vessels identified
					 herein,]
[Insert the following paragraph if this Trust is
					 established as a standby trust agreement:
Whereas the Grantor has elected to establish [insert
					 either "a surety bond," or "letter of credit"] to provide all or part of such
					 financial responsibility for its covered vessels and is required to establish a
					 standby trust fund able to accept payments from the instrument,]
Whereas, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee,
Now, therefore, the Grantor and the Trustee agree as
					 follows:
Section 1. Definitions. As
				  used in this Agreement:
A. The term
				  "fiduciary" means any person who exercises any power of control, management, or
				  disposition or renders investment advice for a fee or other compensation,
				  direct or indirect, with respect to any moneys or other property of this trust
				  fund, or has any authority or responsibility to do so, or who has any authority
				  or responsibility in the administration of this trust fund.
B. The term "Grantor" means the owner or
				  operator who enters into this Agreement and any successors or assigns of the
				  Grantor.
C. The term "Trustee"
				  means the Trustee who enters into this Agreement and any successor
				  Trustee.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-400:6 - APPENDIX VI

Current through Register Vol. 40, No. 24, July 15, 2024
(NOTE: Instructions in brackets are to be replaced with
					 the relevant information and the brackets deleted.)
TRUST AGREEMENT FOR THIRD PARTY LIABILITY COVERAGE
Trust Agreement, the "Agreement," entered into as of
					 [date] by and between [name of the vessel owner or operator], a [name of State]
					 [insert "corporation," "partnership," "association," or "proprietorship"], the
					 "Grantor," and [name of corporate trustee], [insert "incorporated in the State
					 of ________" or "a national bank"], the "trustee."
Whereas, the Virginia Waste Management Board has
					 established certain regulations applicable to the Grantor, requiring that an
					 owner and operator of a vessel transporting solid and/or regulated medical
					 waste on the navigable waters of the Commonwealth must demonstrate financial
					 responsibility for bodily injury and property damage to third parties caused by
					 sudden accidental and/or nonsudden accidental occurrences arising from the
					 transport by water of solid and/or regulated medical waste,
[Insert the following paragraph if this Trust is
					 established as the financial responsibility mechanism pursuant to
					 9VAC20-170-330 C 2:
Whereas, the Grantor has elected to establish a trust to
					 assure all or part of such financial responsibility for the vessels identified
					 herein,]
[Insert the following paragraph if this Trust is
					 established as a standby trust agreement:
Whereas, the Grantor has elected to establish [insert
					 either "a surety bond," or "letter of credit"] to provide all or part of such
					 financial responsibility for its covered vessels and is required to establish a
					 standby trust fund able to accept payments from the instrument,]
Whereas, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee,
Now, therefore, the Grantor and the Trustee agree as
					 follows:
Section 1. Definitions. As
				  used in this Agreement:
(a) The term "Grantor"
				  means the owner or operator who enters into this Agreement and any successors
				  or assigns of the Grantor.
(b) The
				  term "Trustee" means the Trustee who enters into this Agreement and any
				  successor Trustee.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-400:8 - APPENDIX VIII

Current through Register Vol. 40, No. 24, July 15, 2024
(NOTE: Instructions in brackets are to be replaced with the
					 relevant information and the brackets deleted.)
IRREVOCABLE STANDBY LETTER OF CREDIT FOR THIRD PARTY
					 LIABILITY COVERAGE
[Name and Address of Issuing Institution]
Director Department of Environmental Quality
1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, Virginia 23218
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of
					 Credit No.__________ in favor of any and all third-party liability claimants,
					 at the request and for the account of [insert owner's or operator's name and
					 address] for third-party liability awards or settlements up to U.S. dollars [$
					 ______] per occurrence and the annual aggregate amount of U.S. dollars [$
					 _____], for accidental occurrences available upon presentation of a signed
					 draft, bearing reference to this letter of credit No. __________, and
1. A signed certificate reading as follows:
Certification of Valid Claim
The undersigned, as parties [insert principal and insert
					 name and address of third-party claimants], hereby certify that the claim of
					 bodily injury and/or property damage arising from a waste deposit into
					 navigable waters by a covered vessel transporting solid and/or regulated
					 medical waste should be paid in the amount of $ ______. We hereby certify that
					 the claim does not apply to any of the following:
(a) Bodily injury or property damage for
				  which insert principal is obligated to pay damages by reason of the assumption
				  of liability in a contract or agreement. This exclusion does not apply to
				  liability for damages that insert principal would be obligated to pay in the
				  absence of the contract or agreement.
(b) Any obligation of insert principal under
				  a workers' compensation, disability benefits, or unemployment compensation law
				  or any similar law.
(c) Bodily
				  injury to:
(1) An employee of insert
				  principal arising from, and in the course of, employment by insert principal;
				  or
(2) The spouse, child, parent,
				  brother or sister of that employee as a consequence of, or arising from, and in
				  the course of employment by insert principal. This exclusion applies:
(A) Whether insert principal may be liable as
				  an employer or in any other capacity; and
(B) To any obligation to share damages with
				  or repay another person who shall pay damages because of the injury to persons
				  identified in paragraphs (1) and (2).
Signatures
Principal
Signatures
Claimant(s)
or
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VI - Financial Responsibility Requirements for Vessels Transporting Solid Wastes or Regulated Medical Wastes › Section 9VAC20-170-400:9 - APPENDIX IX

Current through Register Vol. 40, No. 24, July 15, 2024
(NOTE: Instructions in brackets are to be replaced with
					 the relevant information and the brackets deleted.)
CERTIFICATION OF VALID CLAIM
The undersigned, as principals and as legal
					 representatives of [insert vessel owner or operator] and [insert name and
					 address of third party claimant] hereby certify that the claim of bodily injury
					 [and/or] property damage caused by a sudden and/or nonsudden accidental
					 occurrence arising from a waste deposit from [owner or operator] vessel into
					 state waters should be paid in the amount of $[ ].
[Signatures]
Vessel Owner or Operator
Attorney for Owner or Operator
[Notary] [Date]
[Signature(s)]
Claimant(s)
Attorney(s) for Claimant(s)
[Notary] [Date]
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VII - Compliance Of Vessels Transporting Solid Wastes Or Regulated Medical Wastes With Federal Statutes And Regulations And State Spill Response Requirements › Section 9VAC20-170-410 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
Vessels must comply with federal regulations 33 CFR Part
					 151 (effective July 1, 2002) and 46 CFR Part 42 (effective October 1, 2002).
					 These regulations apply to vessels transporting solid wastes or regulated
					 medical wastes on state waters and are enforced by the U. S. Coast Guard. The
					 owner or operator of a vessel shall immediately notify the appropriate regional
					 office of the department, the Virginia Department of Emergency Management, and
					 the National Response Center at 1-800-424-8802 in the event of a deposit of
					 solid wastes or regulated medical wastes into state waters. Such verbal
					 notification shall be followed by written notification to the appropriate
					 department regional office within five days. The owner or operator of a vessel
					 from which there is spillage or loss to state waters of wastes shall
					 immediately take all such actions as may be necessary to contain and remove
					 such wastes from state waters.
Statutory Authority
§§ 10.1-1402 and 10.1-1454.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VIII - Variance › Section 9VAC20-170-420 - Petitioning for variance or exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person regulated by this chapter may
				  petition the department to grant a variance or an exemption from any
				  requirement of this chapter subject to the provisions of this section. Any
				  petition submitted to the department is also subject to the Virginia
				  Administrative Process Act (§ 2.2-4000 et seq. of the Code of
				  Virginia).
B. The petition shall be
				  submitted to the department by certified mail and shall include:
1. The petitioner's name and
				  address;
2. A statement of
				  petitioner's interest in the proposed action;
3. A description of desired action and a
				  citation of the regulation from which a variance is requested;
4. A description of need and justification
				  for the proposed action, including impacts from existing operations;
5. Information demonstrating that the
				  requested variance will meet the purposes and objectives of the relevant
				  regulatory provision and of the Virginia Waste Management Act (§ 10.1-1400
				  et seq. of the Code of Virginia);
6. The duration of the variance, if
				  applicable;
7. The potential impact
				  of the variance on public health or the environment;
8. Other information believed by the
				  applicant to be pertinent; and
9.
				  The following statement signed by the petitioner or authorized representative:
"I certify that I have personally examined and am familiar
					 with the information submitted in this petition and all attached documents, and
					 that, based on my inquiry of those individuals immediately responsible for
					 obtaining the information, I believe that the submitted information is true,
					 accurate, and complete. I am aware that there are significant penalties for
					 submitting false information, including the possibility of fine and
					 imprisonment."
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VIII - Variance › Form - FORMS (9VAC20-170)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for Certificate of Financial Responsibility
					 (3/03).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 170 - TRANSPORTATION OF SOLID AND MEDICAL WASTES ON STATE WATERS › Part VIII - Variance › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC20-170)

Current through Register Vol. 40, No. 24, July 15, 2024
Rules for Certification of Cargo Containers, 1987,
					 American Bureau of Shipping.
Rules for Certification of Cargo Containers, §§
					 1.5 and 1.17.2, 1998, American Bureau of Shipping.
International Convention for Safe Containers, 1972, 1996
					 Edition, International Maritime Organization.