Informal public comment period for Financial Assurance Regulations for Solid Waste Disposal, Transfer and Treatment Facilities (9VAC20-70)

An informal comment period is being held on changes to the Financial Assurance Regulations for Solid Waste Disposal, Transfer and Treatment Facilities (9VAC20-70). This regulation establishes requirements which ensure that, if a solid waste treatment, transfer or disposal facility is abandoned, the costs associated with protecting the public health and safety from the consequences of such abandonment may be recovered from the person abandoning the facility.

This amendment contains technical corrections.  A previous amendment to this regulation removed requirements for local governments to provide additional financial assurance if their closure cost obligations were between 20% and 43% of their total annual revenue.  Corrections are being made to remove obsolete language pertaining to the removal of the requirement for additional financial assurance to be provided when the locality's closure costs obligations were between 20% and 43% of their total annual revenue.  This amendment does not change any financial assurance requirements for local governments.  No new requirements are being added to the regulation.

The agency plans to present amendments to the Financial Assurance Regulations for Solid Waste Disposal, Transfer and Treatment Facilities (9VAC20-70) to the Virginia Waste Management Board at a future meeting.  The agency plans to use the Fast-track regulatory process as allowed by § 2.2-4012.1 of the Code of Virginia to amend this regulation.  The draft regulatory language and additional information is available from the DEQ website at:  https://www.deq.virginia.gov/Programs/LandProtectionRevitalization/PublicNotices.aspx

Prior to presenting this amendment to the Waste Management Board for adoption, the agency is holding an informal comment period.  The informal comment period will end Friday August 24, 2018.  Anyone wishing to submit written comments for the public comment file may do so by mail, email or fax to Melissa Porterfield, Office of Regulatory Affairs, P.O. BOX 1105, Richmond, VA  23218, phone: 804-698-4238, FAX: 804-698-4019, email: melissa.porterfield@deq.virginia.gov