Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS › Section 9VAC20-130-70 - Enforcement and appeal

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				administrative enforcement and appeals taken from actions of the director
				relative to the provisions of this chapter shall be governed by Chapter 40
				(§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. Enforcement of
				this chapter will be in accord with §§ 10.1-1186, 10.1-1411 and
				10.1-1455 of the Code of Virginia.
B. After July 1, 2007, no permit for a new
				sanitary landfill, incinerator, or waste-to-energy facility, or for an
				expansion, increase in capacity, or increase in the intake rate of an existing
				sanitary landfill, incinerator, or waste-to-energy facility shall be issued
				until the solid waste planning unit within which the facility is located has a
				solid waste management plan approved by the board in accordance with the
				regulations, except as otherwise provided in § 10.1-1411 of the Code of
				Virginia and the permit complies with the statutory requirements of the
				Virginia Waste Management Act, §§ 10.1-1408.1D 1 (iv) and 10.1-1411
				of the Code of Virginia. These provisions shall not be applicable to permits or
				permit amendments required for the operation or regulatory compliance of any
				existing facility, regardless of type, nor shall it be cause for the delay of
				any technical or administrative review of pending amendments thereto.
C. Failure to attain a mandated municipal
				solid waste recycling rate shall not be the sole cause for the denial of any
				permit or permit amendment, except as provided herein for sanitary landfills,
				incinerators, or waste-to-energy facilities, provided that all components of
				the solid waste management plan for the planning unit are in compliance with
				the regulations.
D. No application
				for a new solid waste management facility permit or for a modification of a
				permit to allow an existing solid waste management facility to expand or
				increase its capacity shall be complete unless the application contains
				certification, from the governing body for the locality in which the facility
				is or will be located, that (i) the proposed new facility or the expansion or
				increase in capacity of the existing facility is consistent with the applicable
				local or regional solid waste management plan developed and approved pursuant
				to § 10.1-1411 of the Code of Virginia; or (ii) the local government or
				solid waste management planning unit has initiated the process to revise the
				solid waste management plan to include the new or expanded facility. Inclusion
				of such certification shall be sufficient to allow processing of the permit
				application, up to but not including publication of the draft permit or permit
				amendment for public comment, but shall not bind the director in making the
				determination required by § 10.1-1408.1D 1 of the Code of
				Virginia.
E. No application for
				coverage under a permit-by-rule or for modification of coverage under a
				permit-by-rule shall be complete unless it contains certification from the
				governing body of the locality in which the facility is to be located that the
				facility is consistent with the solid waste management plan developed and
				approved in accordance with § 10.1-1411 of the Code of Virginia.
Statutory Authority
§ 10.1-1411 of the Code of Virginia; 42 USC §
					 6942(b), 40 CFR Parts 255 and 256.