reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC20-15-150 - Orientation session

Current through Register Vol. 40, No. 24, July 15, 2024
A. Once
				  the mediator has been appointed, the board shall issue a referral to the
				  mediator and the parties. This referral shall include a list of the information
				  that the board, in its preliminary judgment, expects to use in making its final
				  decision regarding the case. This list shall contain the caveat that the board
				  may require other information as yet unspecified at some point in the future.
				  All parties shall attend one orientation session with the mediator unless
				  excused pursuant to subsection B of this section.
B. The board shall excuse a party from
				  participation in the orientation session if, within 14 business days after
				  issuance of the order of referral, a statement signed by the party is filed
				  with the board. This statement shall declare that the mediation process has
				  been explained to the party and that the party does not wish to participate in
				  the orientation session.
C. The
				  orientation session shall be conducted at any place within the Commonwealth of
				  Virginia, at any time, and on any date convenient to the mediator and the
				  parties.
D. At least seven business
				  days before the orientation session, each party shall provide the mediator with
				  a statement outlining his perspective on the facts and issues of the case. At
				  the discretion of the mediator, these statements may be mutually exchanged by
				  the parties.
E. During the
				  orientation session, the parties, assisted by the mediator, shall determine the
				  manner in which the issues in dispute shall be framed and addressed. In the
				  absence of agreement by the parties, the mediator shall make this
				  determination.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC20-15-160 - Continuation, termination, and resolution of mediation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Following the orientation session,
				  mediation shall proceed in any manner agreed on by the parties and the mediator
				  in conformance with the provisions of
				  9VAC20-15-50 through
				  9VAC20-15-80.
B. Mediation may be terminated through
				  written notice by the permit applicant or the director at any time before
				  settlement is reached.
C. Mediation
				  shall continue if a party other than the permit applicant or the director
				  chooses to opt out of mediation following the orientation session. A party who
				  chooses to opt out of mediation at any time following the orientation session
				  or who, through nonattendance, is conclusively deemed to have dropped out of
				  the dispute resolution procedure shall not be bound by any written settlement
				  agreement resulting from the mediation but shall be bound by the cost
				  provisions of
				  9VAC20-15-50 and the
				  confidentiality provisions of
				  9VAC20-15-80.
D. If the mediation is terminated before
				  settlement is reached, the parties shall resume the same status as before
				  mediation and may proceed with the formal adjudication as if mediation had not
				  taken place. The board shall not refer the case to mediation a second
				  time.
E. If the mediation results
				  in settlement, a written settlement agreement shall be signed and dated by each
				  party or by that party's authorized representative.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section - DOCUMENTS INCORPORATED BY REFERENCE (9VAC20-15)

Current through Register Vol. 40, No. 24, July 15, 2024
Standards
					 of Ethics and Professional Responsibility for Certified Mediators, Office of
					 the Executive Secretary of the Supreme Court of Virginia, adopted by the
					 Judicial Council of Virginia, effective July 1, 2011
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part I - General Considerations › Article 1 - Purpose and Authority › Section 9VAC20-20-20 - Purpose of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
Section 10.1-1434B 6 of the Code of Virginia authorizes
						the board to "adopt a schedule of fees to charge applicants and to collect such
						fees for the cost of processing applications and site certifications." This
						chapter establishes an application fee and guidelines for its
						collection.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part I - General Considerations › Article 2 - Definitions › Section 9VAC20-20-40 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Section 10.1-1433 of the Code of Virginia defines several
						words and terms used in this chapter.
Unless the context clearly indicates otherwise, those
						words and terms will have the same meaning when used in this chapter. In
						addition, the following words and terms shall have the following meanings,
						unless the context clearly indicates otherwise:
"Act" means §§ 10.1-1433 through 10.1-1449 of
						the Code of Virginia.
"Application fee" means the average estimated cost of
						processing an application for certification of site approval. Such costs
						include photocopying, mailing, print and broadcast media notices, travel
						expenses (transportation, meals, and lodging) for members of the board and
						additional personnel, production of transcripts, meeting room rental,
						compensation for members of the board and all other administrative costs
						associated with the processing of an application for site certification. Staff
						time is not included.
"Board" means the Virginia Waste Management Board.
"Category I facilities" means containerized or enclosed
						storage of hazardous waste.
"Category II facilities" means a closed treatment process
						with spill containment.
"Category III facilities" means an open treatment process
						with spill containment.
"Category IV facilities" means above-ground treatment
						process with no spill containment.
"Category V facilities" means disposal without complete
						treatment and all other treatment/disposal methods.
"Department" means the Virginia Department of
						Environmental Quality.
"Director" means the Director of the Department of
						Environmental Quality.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part II - Applicability and Waiver › Section 9VAC20-20-50 - Applicability of fees

Current through Register Vol. 40, No. 24, July 15, 2024
Any person applying for a certification of site approval is
					 subject to the regulations regarding payment of fees.
Statutory Authority
§§ 10.1-1402.1 and 10.1-1433 et seq. of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part II - Applicability and Waiver › Section 9VAC20-20-60 - Waiver of fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board
				  may, in its discretion, waive all or part of the fees if it determines that the
				  public interest is served thereby due to special circumstances.
B. In the event an applicant believes he
				  should be entitled to a waiver of fees, the applicant should request the waiver
				  in writing to the board. The request may be made anytime after the applicant
				  submits the final impact analysis, but no later than the date the application
				  for certification of site approval is due.
C. The request for waiver of fees shall be
				  sent to the board by registered mail or by other means requiring a receipt of
				  delivery and shall contain at a minimum the following information:
1. The name and address of the
				  applicant;
2. The location of the
				  facility and a brief description of its operation;
3. A brief description of the nature and
				  extent of the construction to be done;
4. A discussion of the reasons a waiver of
				  all or part of the fees as appropriate, with particular focus on how the public
				  interest will be served by a waiver; and
5. Any additional information or
				  documentation the applicant believes will be helpful.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part III - Fees › Section 9VAC20-20-70 - Application fee

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  application fee shall accompany the application for certification for site
				  approval. The application fee for Category I facilities will be $10,000 or
				  equal to 1.0% of the estimated construction cost, whichever is greater, but not
				  to exceed $20,000.
B. The amount of
				  the application fee shall be $20,000 for Category II-V facilities.
Statutory Authority
§§ 10.1-1402.1 and 10.1-1433 et seq. of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part III - Fees › Section 9VAC20-20-80 - Review of costs

Current through Register Vol. 40, No. 24, July 15, 2024
The director will review annually the costs upon which the
					 application fee is based. The director may recommend adjustment of the fees to
					 the board to reflect the changes in costs.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part IV - Payment of Fees › Section 9VAC20-20-90 - Payment of fee

Current through Register Vol. 40, No. 24, July 15, 2024
The application fee is due when the applicant submits the
					 application for certification of site approval. At the time the application fee
					 is due, the applicant must have paid all expenses for which he is responsible
					 according to §§ 10.1-1433 et seq. of the Code of
					 Virginia.
Statutory Authority
§§ 10.1-1402.1 and 10.1-1433 et seq. of the
						Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part IV - Payment of Fees › Section 9VAC20-20-100 - Acknowledgement of receipt of fee

Current through Register Vol. 40, No. 24, July 15, 2024
The director shall promptly acknowledge by certified mail,
					 or by other means requiring a receipt of delivery, the receipt of an
					 application for certification of site approval with payment of application fee.
					 Notice to the applicant of receipt of the fee payment should not be construed
					 as any comment on the completeness of the application.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part IV - Payment of Fees › Section 9VAC20-20-110 - Manner of payment

Current through Register Vol. 40, No. 24, July 15, 2024
Fees shall be paid by check, draft or postal money order
					 made payable to "Treasurer of Virginia" and shall be sent to the Department of
					 Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA 23218.
					 When the department is able to accept electronic payments, payments may be
					 submitted electronically.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part IV - Payment of Fees › Section 9VAC20-20-120 - Effect of failure to pay fee

Current through Register Vol. 40, No. 24, July 15, 2024
No application will be deemed complete until proper payment
					 is received by the board.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part V - Refunds › Section 9VAC20-20-130 - Refunds

Current through Register Vol. 40, No. 24, July 15, 2024
The board may refund all or part of the fee in the event of
					 a termination of the application process prior to the board's final decision on
					 certification of site approval if the board determines that, as a result of
					 cause by federal or state government action, the applicant is unable to
					 complete the site certification-application process-despite his good
					 faith.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part V - Refunds › Section 9VAC20-20-140 - Request for refund

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant desiring such a refund must make the request
					 in writing to the board within 30 days of the federal or state government
					 action making the applicant unable to complete the site certification process.
					 The request shall be sent by certified mail and shall, at a minimum, contain
					 the following information:
1. Name and
				  address of the applicant;
2.
				  Location of the proposed facility and a brief description of its
				  operation;
3. A copy of the
				  document containing the federal or state government action making completion of
				  the site certification process impossible or impracticable for the applicant
				  despite the applicant's good faith, or if a copy of such document cannot be
				  obtained, a complete description of the government action; and
4. A comprehensive discussion of the way in
				  which the government's action has resulted in the applicant's good faith
				  inability to complete the site certification process, with supporting
				  documentation, if any.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part V - Refunds › Section 9VAC20-20-150 - Decision on refund

Current through Register Vol. 40, No. 24, July 15, 2024
At its next regularly scheduled meeting, the board will
					 consider the request for refund. The applicant may attend and make a
					 presentation to the board as well as answer any questions members of the board
					 may have.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 20 - SCHEDULE OF FEES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part VI - Delegations › Section 9VAC20-20-160 - Delegations

Current through Register Vol. 40, No. 24, July 15, 2024
The director may perform any act of the board provided
					 under this chapter, except as limited by §§ 10.1-1433 through
					 10.1-1449 of the Code of Virginia.
Statutory Authority
§ 10.1-1434 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part I - General › Article 1 - Purpose and Authority › Section 9VAC20-30-20 - Purpose of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
Section 10.1-1433 et seq. of the Code of Virginia, makes
						available to the governing body of a host community a reasonable sum from the
						technical assistance fund. This chapter establishes procedures for obtaining
						funds and guidelines for their use.
Statutory Authority
§§ 10.1-1401 et seq. and 10.1-1433 et seq. of
						  the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part I - General › Article 2 - Definitions › Section 9VAC20-30-30 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Article 6 (§ 101-1433 et seq.) of Chapter 14 of
						Title 10.1 of the Code of Virginia defines several words and terms which are
						used in this chapter. unless the context clearly indicates otherwise, those
						words and terms will have the same meaning when used in this chapter. in
						addition, the following words and terms, when used in this chapter, shall have
						the following meanings, unless the context clearly indicates otherwise:
"Act" means §§ 10.1-1433 through 10.1-1449 of
						the Code of Virginia.
"Board" means the Virginia Waste Management Board.
"Department" means the Virginia Department of
						Environmental Quality.
"Technical assistance" means aid which enable the
						governing body of the host community to better understand and assist the
						environmental, economic, and social impact of a hazardous waste facility at a
						particular site. "Technical assistance" does not include legal services or
						services of a negotiator as such.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part II - Availability › Section 9VAC20-30-40 - Technical assistance fund

Current through Register Vol. 40, No. 24, July 15, 2024
Money from the technical assistance fund, established by
					 § 10.1-1448 of the Code of Virginia, shall be available to each host
					 community. This money may be used only to provide the governing body of the
					 host community with technical assistance, as defined elsewhere in this chapter.
					 Funds will not be made available when the local government is the applicant or
					 when an applicant represents the host community.
Statutory Authority
§§ 10.1-1401 et seq. and 10.1-1433 et seq. of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part II - Availability › Section 9VAC20-30-50 - Amount of allocation

Current through Register Vol. 40, No. 24, July 15, 2024
The board shall make available to the host community up to
					 $50,000 per proposed facility.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part III - Application for Funds › Section 9VAC20-30-60 - Time frame

Current through Register Vol. 40, No. 24, July 15, 2024
At any time between receipt of the notice of intent and the
					 due date of the report of the governing body on the siting agreement
					 negotiations, the host community may request an allocation from the technical
					 assistance fund.
Statutory Authority
§§ 10.1-1401 et seq. and 10.1-1433 et seq. of
						the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part III - Application for Funds › Section 9VAC20-30-70 - Form and manner of request for allocation

Current through Register Vol. 40, No. 24, July 15, 2024
The host community's request for an allocation from the
					 technical assistance fund shall be adopted by the governing body. The request
					 shall be sent to the board by registered mail or by other means requiring
					 receipt for delivery.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part III - Application for Funds › Section 9VAC20-30-80 - Content of request

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  board shall evaluate the request for funding within 30 days of receipt of the
				  request. The board shall notify the host community of the date, time, and
				  location of the meeting to consider the request. A representative of the host
				  community may make an oral presentation at the meeting.
B. The request must contain the following
				  information:
1. A cover letter providing
				  background information and a brief summary of the request;
2. A detailed breakdown of the manner in
				  which the funds are to be spent;
3.
				  A description of the technical assistance desired and the reasons it is
				  necessary, including complexity or uniqueness of local government needs with
				  respect to the proposed facility and staff requirements;
4. A detailed breakdown of each aspect of the
				  technical assistance desired and the cost for each aspect; and
5. Any other relevant information or
				  supporting documents the host community wishes to include.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part III - Application for Funds › Section 9VAC20-30-90 - Contract

Current through Register Vol. 40, No. 24, July 15, 2024
Upon approval of the request, the director shall promptly
					 send to the host community a contract based on the model provided in Appendix I
					 for the distribution of funds to localities. The contract must be approved and
					 executed by the governing body of the host community and returned to the
					 board.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part IV - Accountability › Section 9VAC20-30-100 - Unused moneys

Current through Register Vol. 40, No. 24, July 15, 2024
Any money awarded to a host community from the technical
					 assistance fund which is not spent shall be returned to the board within 60
					 days of the date of completed contract work.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part IV - Accountability › Section 9VAC20-30-110 - Accounting of moneys spent

Current through Register Vol. 40, No. 24, July 15, 2024
Within 60 days of the date of the completed contract work,
					 the governing body of the host community shall provide the board with a
					 certified accounting statement of all moneys expended from the technical
					 assistance fund.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part IV - Accountability › Section 9VAC20-30-120 - Misused moneys

Current through Register Vol. 40, No. 24, July 15, 2024
In the event the board learns that moneys awarded to a host
					 community from the technical assistance fund have not been spent on technical
					 assistance, the board shall take any action it deems necessary to recover the
					 misused moneys.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part V - Delegations › Section 9VAC20-30-130 - Delegations

Current through Register Vol. 40, No. 24, July 15, 2024
The director may perform any act of the board provided
					 under this chapter, except as limited by §§ 10.1-1433 through
					 10.1-1449 of the Code of Virginia.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 30 - TECHNICAL ASSISTANCE FUND ADMINISTRATIVE PROCEDURES › Part V - Delegations › Section 9VAC20-30-130:1 - APPENDIX I. TECHNICAL ASSISTANCE FUND GRANT

Current through Register Vol. 40, No. 24, July 15, 2024
In response to the Code of Virginia, Title 10.1, Chapter 14
					 (§ 10.1-1433 et seq.), the Virginia Waste Management Board (the board)
					 shall make available to the governing body of a host community a reasonable sum
					 of money from the technical assistance fund. (The host community) is this day
					 receiving the sum of $___ from the technical assistance fund.
The host community agrees to take the grant subject to all
					 the requirements and restrictions imposed by the Act and by the regulation of
					 the board regarding the technical assistance fund and to use the grant only to
					 provide itself with technical assistance as defined in those chapters.
The host community agrees to return to the board any unused
					 moneys from the grant along with a certified accounting statement of all moneys
					 expended from the grant, within 60 days of the date of the completed contract
					 work. The host community acknowledges its liability for any moneys from the
					 grant which the board finds have not been spent on technical
					 assistance.
Statutory Authority
§§ 10.1-1434 and 10.1-1438 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part I - General › Article 1 - Purpose and Authority › Section 9VAC20-40-20 - Purpose of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
Article 6 (§ 10.1-1433 et seq.) of Chapter 14 of
						Title 10.1 of the Code of Virginia contains a detailed description of the
						process and procedures for a certification of site suitability. This chapter is
						designed to amplify and supplement the statutes where appropriate. This chapter
						together with the statute establish administrative procedures for the
						submission and evaluation of applications for certification of hazardous waste
						facility sites
Statutory Authority: §§ 10.1-1434 and
						  10.1-1436 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part II - Initiation of Certification Process › Section 9VAC20-40-50 - Requirement of certification and waiver

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person shall construct or commence
				  construction of a hazardous waste facility without first obtaining a
				  certification of site approval by the board in the manner prescribed here.
An owner or operator of a facility may submit a notice of
					 intent as prescribed in
					 9VAC20-40-60 or submit a request
					 for a waiver from the procedures established in the Act and this
					 chapter.
B. Upon receiving
				  a written request from the owner or operator of a facility, the board may grant
				  a waiver upon such conditions as it may determine, provided that the proposed
				  changes to the facility are designed to:
1.
				  Prevent a threat to human health or the environment because of an emergency
				  situation;
2. Comply with federal
				  or state laws and regulations promulgated after July 1, 1984; or
3. Demonstrably result in safer or
				  environmentally more acceptable processes.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part II - Initiation of Certification Process › Section 9VAC20-40-60 - Contents of the notice of intent

Current through Register Vol. 40, No. 24, July 15, 2024
A. After December 31, 1984, any person may
				  submit to the board a notice of intent to file an application for a
				  certification of site approval. The notice shall contain:
1. Name and address of the
				  applicant;
2. A copy of the
				  property deed, option, or other document giving right, title, or interest to
				  the proposed site;
3. A description
				  of the proposed facility including a description based on its operating
				  characteristics;
4. A USGS map
				  showing the location of the property at a scale of one inch = 2,000
				  feet;
5. Names and addresses of all
				  owners of property adjacent to the proposed site; and
6. Any state agency filing a notice of intent
				  shall include a statement explaining why the Commonwealth desires to build a
				  hazardous waste facility and how the public interest will be served by
				  that.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part II - Initiation of Certification Process › Section 9VAC20-40-70 - Waiver of participation by host community

Current through Register Vol. 40, No. 24, July 15, 2024
Section 10.1-1438 of the Act permits the governing body of
					 the host community to waive further participation in the certification process.
					 Should the governing body elect to waive participation it must notify the board
					 in writing with a copy of its adopted resolution within 45 days of receiving
					 the notice of intent. Although this waiver permits the board to issue a
					 certification of site approval without further participation by the governing
					 body of the host community, such waiver in no way restricts the rights of any
					 other person or organization to participate in the certification
					 process.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part II - Initiation of Certification Process › Section 9VAC20-40-80 - Briefing meeting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Not
				  more than 75 nor less than 60 days after the delivery of the notice of intent
				  to the host community, the board shall conduct a briefing meeting in or in
				  reasonable proximity to the host community. Notice of the date, time, place and
				  purpose of the briefing session shall be prepared by the board and shall
				  accompany the notice of intent delivered pursuant to § 10.1-1437 of the
				  Code of Virginia, and be included in the notice published pursuant to §
				  10.1-1437 of the Code of Virginia. At least one representative of the applicant
				  shall be present at the briefing meeting. The primary purpose of the briefing
				  meeting will be to provide information on the proposed site and facility and to
				  receive comments, suggestions and questions on them from the public.
B. The board shall select from among its
				  membership a briefing officer who will be responsible for conducting the
				  meeting as follows:
1. The briefing officer
				  will call the meeting to order and explain the purpose of the
				  briefing;
2. The applicant shall be
				  allowed to give a presentation describing the proposal and to respond to
				  questions;
3. Persons asking
				  questions shall be requested to state their names, addresses, and interests in
				  the project;
4. The briefing
				  officer shall conduct the meeting in an orderly manner while ensuring that all
				  interested parties present are as fully briefed as possible on the proposal;
				  and
5. A stenographic or electronic
				  record shall be made of all briefing meetings. A transcript of the meeting,
				  together with copies of any documents submitted at the briefing, shall be made
				  available for inspection at the office of the board and host community during
				  normal working hours.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part II - Initiation of Certification Process › Section 9VAC20-40-90 - Impact analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  applicant shall submit a draft impact analysis in accordance with §
				  10.1-1440 of the Code of Virginia and, in addition, shall furnish a copy of the
				  draft impact analysis to each person designated in that section.
B. The draft impact analysis shall include:
1. A detailed assessment of the project's
				  suitability with respect to the criteria.
2. A cover letter signed by the
				  applicant;
3. An executive summary
				  providing a brief description of the applicant's proposal, the impacts, and
				  mitigating actions;
4. A site
				  plan;
5. A full report addressing
				  each of the following:
a. Effects on botanical
				  resources;
b. Energy and water
				  consumption;
c. Discharge of any
				  substance, or of heat, in surface or ground waters;
d. A description of any necessary clearing,
				  excavating, dredging, filling;
e.
				  The types and amounts of wastes which will be accepted;
f. The process or processes to be employed
				  including its basic characteristics and principal limitations;
g. Planned operational safeguards and
				  monitoring of the facility following cessation of operations;
h. Emission of radiation; and
i. Solid waste disposal.
6. An ownership report containing:
a. A legal description of the applicant,
				  including identification of all principal participants;
b. A current audited financial statement or
				  statements prepared by a certified public accountant including the accountant's
				  opinions;
c. A description of all
				  liability insurance the applicant has or plans to obtain for the proposed site
				  and facility and a description of the financial and managerial arrangements for
				  closure and post-closure care of the site;
d. A description of the applicant's
				  experience in the field, including any other hazardous waste facilities
				  operated or owned currently or in the past by the applicant and details of
				  their compliance record; and
e. A
				  description of how the applicant intends to finance the project.
7. An appendix providing any
				  supporting documentation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part III - Application for Certification of Site Approval › Section 9VAC20-40-100 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. At any time
				  within six months after submission of the final impact analysis, the applicant
				  may submit to the board an application for certification of site approval. The
				  application shall contain:
1. A summary of the
				  proposal including a general description of the facility and the nature of the
				  business;
2. Conceptual engineering
				  designs for the proposed facility;
3. A copy of the final impact analysis which
				  evaluates the siting criteria;
4. A
				  detailed description of the facility's suitability to meet the criteria
				  promulgated by the board, including any design and operation means that will be
				  necessary or otherwise undertaken to meet the criteria;
5. A siting agreement, if one has been
				  executed pursuant to subsections F and H of this section,
				  9VAC20-40-110 and § 10.1-1442
				  of the Code of Virginia, or, if none has been executed, a statement to that
				  effect.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part III - Application for Certification of Site Approval › Section 9VAC20-40-120 - Draft certification of site approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within 30 days after receipt of the
				  governing body's report or as otherwise provided in § 10.1-1443 of the
				  Code of Virginia, the board shall issue or deny a draft certification of site
				  approval.
B. The board may deny the
				  application for certification of site approval if it finds that the applicant
				  has failed or refused to negotiate in good faith with the governing body for
				  the purpose of attempting to develop a siting agreement.
C. The draft certification of site approval
				  shall specify the terms, conditions and requirements that the board, on a
				  case-by-case basis, deems necessary to protect health, safety, welfare, the
				  environment and natural resources.
D. Copies of the draft certification of site
				  approval, together with notice of the date, time and place of public hearing
				  required under § 10.1-1444 of the Code of Virginia, shall be delivered by
				  the board to the governing body of each host community, and to persons owning
				  property adjoining the site for the proposed facility. At least one copy of the
				  draft certification shall be available for inspection and copying at a
				  convenient place in the host community during normal business hours.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part III - Application for Certification of Site Approval › Section 9VAC20-40-130 - Public hearing on draft certification of site approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board shall
				  conduct a public hearing on the draft certification not less than 15 nor more
				  than 30 days after the first publication of notice. The hearing shall be
				  conducted in the host community.
B.
				  Notice of the hearing shall be made at the applicant's expense and shall:
1. Provide for public participation by
				  sending a copy of the notice by certified, return receipt mail to the
				  following:
a. The governing body of the host
				  community;
b. The governing body of
				  the affected communities;
c.
				  Legislators elected from the areas in which the host community is located and
				  the affected communities are located;
d. The regional planning district commissions
				  of the host community and affected communities;
e. Persons owning property adjoining the site
				  of the proposed facility.
f. The
				  applicant.
g. Any person who has
				  been designated a party pursuant to
				  9VAC20-40-130 D.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part IV - Certification and Approval of Site › Section 9VAC20-40-140 - Final decision on certification of site approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within 45 days after the close of the
				  public hearing, the board shall meet within or in close proximity to the host
				  community and shall vote to issue or deny the certification of site approval.
				  The board may include in the certification any terms and conditions which it
				  deems necessary and appropriate to protect and prevent injury or adverse risk
				  to health, safety, welfare, the environment and natural resources. At least
				  seven days notice of the date, time, place and purpose of the meeting shall be
				  made in the manner provided in § 10.1-1447 of the Code of Virginia. No
				  testimony or evidence will be received at the meeting.
B. The board shall grant the certification of
				  site approval if it finds:
1. That the terms
				  and conditions of it will protect and prevent injury or unacceptable adverse
				  risk to health, safety, welfare, the environment and natural
				  resources;
2. That the facility
				  will comply and be consistent with the criteria promulgated by the board;
				  and
3. That the applicant has made
				  reasonable and appropriate efforts to reach a siting agreement with the host
				  community including, though not limited to, efforts to mitigate or compensate
				  the host community and its residents for adverse economic effects, if any, of
				  the facility.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part IV - Certification and Approval of Site › Section 9VAC20-40-150 - Amendment of certification of site approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certification may be amended at the
				  request of any interested party as defined in
				  9VAC20-40-130 D or upon the board's
				  initiative, but only for the causes listed in this section. All requests shall
				  be in writing and shall contain facts or reasons supporting the request. The
				  board shall make its determination following a review of the cause based on
				  appropriate information or testimony by the initiator or the applicant (current
				  owner or operator) or both within 45 days of receiving notice. If, in the
				  opinion of the board, the amendment is of major public interest, the board may
				  schedule a public hearing according to the requirements outlined in
				  9VAC20-40-130.
B. If the board decides the request is not
				  justified, it shall send the requestor a brief response giving a reason for the
				  decision.
C. The following are
				  causes for amendment of certification of site approval:
1. There are material or substantial
				  alterations or additions to the approved site which occurred after
				  certification which justify the application of conditions that are different or
				  absent in the existing certification;
2. The board has received information
				  pertaining to circumstances or conditions existing at the time the
				  certification of the site was approved that was not included in the
				  administrative record and would have justified the application of different
				  conditions, if, in the judgment of the board, such modification is necessary to
				  prevent significant adverse effects on public health or the environment;
				  and
3. The standards or regulations
				  on which the certification was based have been changed by promulgation of
				  amended standards or regulations or by judicial decision after the
				  certification was approved, if, in the judgment of the board, such modification
				  is necessary to prevent significant adverse effects on public health or the
				  environment. Certification may be amended by reason of judicial decision only
				  if a court of competent jurisdiction has remanded and stayed board regulations,
				  and if the remand and stay concern that portion of the regulations on which the
				  certification condition was based and a request is filed within 90 days of
				  judicial remand.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part V - Delegations › Section 9VAC20-40-160 - Delegations

Current through Register Vol. 40, No. 24, July 15, 2024
The director may perform any act of the board provided
					 under this chapter except as limited by §§ 10.1-1433 through
					 10.1-1449 of the Code of Virginia.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA › Part I - In General › Article 1 - Purpose › Section 9VAC20-50-20 - Purpose of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter establishes the criteria which will be used
						by the board to evaluate and approve or disapprove applications for hazardous
						waste facility site certification.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA › Part II - Siting Criteria › Article 1 - Scope of Review › Section 9VAC20-50-50 - Considerations

Current through Register Vol. 40, No. 24, July 15, 2024
The board shall consider the degree of hazard involved in
						any proposed operation in making a siting decision.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA › Part II - Siting Criteria › Article 2 - Categories of Facilities › Section 9VAC20-50-60 - Categories

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of this chapter, hazardous waste
						facilities are broken down into five basic categories:
(i) containerized or enclosed storage;
(ii) closed treatment process with
					 spill containment;
(iii) open
					 treatment process with spill containment;
(iv) any above ground treatment with no spill
					 containment; and
(v) disposal
					 without complete treatment and all other treatment/disposal methods.
A. Category I-Containerized or enclosed
					 storage.
1. Description. A facility which is
					 designed to store waste in above ground tanks, or portable containers as
					 defined in 40 CFR Part 264 Subparts I and J, and § 10.1-1433 of the Code
					 of Virginia provided that the area where the waste is stored meets at least the
					 "containment" requirements specified in 40 CFR Part 264 Subpart I. In general,
					 this section requires that the base under the storage area be free of cracks or
					 gaps and is sufficiently impervious to contain leaks, spills or accumulated
					 precipitation. It also must have sufficient containment capability to hold 10%
					 of the volume of the containers stored, or the whole volume of the largest
					 container, whichever is greater, and must be able to contain any run-off which
					 might be involved. Containment requirements will be considered on a
					 case-by-case basis. For the purpose of siting criteria, a facility which uses
					 tanks must also conform to these requirements in order to be classified in
					 Category I.
Examples include but are not limited to such facilities
						as:
a. A warehouse for storing 55
					 gallon drums.
b. A tank to store
					 materials for loading into an ocean-going incineration vessel.
c. A storage tank associated with a land
					 based treatment facility.