Virginia Regulatory Town Hall View Comments

Department of Environmental Quality

Virginia Waste Management Board

Solid Waste Management Regulations [9 VAC 20 ‑ 81]

Action	Amendment 9
Stage	Proposed
Comment Period	Ended on 5/16/2022

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5/16/22 4:22 pm

Commenter: LaBella Associates

Comments to Proposed Amendment 9

LaBella Associates appreciates the opportunity to provide comments on the proposed amendments to the Virginia Solid Waste Management Regulations (Amendment 9). Below is a table that lists the regulatory section, comment, and proposed change (if applicable).

Section

Comment

Proposed Change

9VAC20-81-10

There is no term that specifically defines the area within the waste management boundary.

Add the term "Waste Management Area" to define that part of the facility located within the waste management boundary and approved in the Part A application for the disposal of solid waste and storage of leachate.

9VAC20-81-120.A.

Referring to siting the waste management boundary is vague and not completely accurate. Siting should refer to the area within the waste management boundary - see proposed term above ("Waste Management Area").

1st sentence to read as follows: "The siting of the waste management area for all sanitary, CDD and industrial landfills shall be governed by the standards set forth in this section.

9VAC20-81-120.B.

Same As Above (SAA).

Revise to read: "Floodplains. No new or expanded waste management area shall be sited in a 100-year floodplain."

9VAC20-81-120.C.

SAA

Revise to read: "Stable areas. New and expanded waste management areas shall be sited in geologically stable areas…"

9VAC20-81-120.D.2.

SAA

Revise to read: "No new or expanded waste management area shall be sited or constructed..."

9VAC20-81-120.D.3.a.

SAA

Revise to read: "No new or expanded waste management area for a sanitary landfill shall be sited or constructed:"

9VAC20-81-120.D.3.b.

SAA

Revise to read: "No new or expanded waste management area for a sanitary landfill shall be sited or constructed:"

9VAC20-81-120.E.1.

SAA

Revise to read: "No new or expanded waste management area shall be located in areas where groundwater monitoring…"

9VAC20-81-120.F.1.a.

SAA

Revise to read: "New and expanded waste management areas for sanitary landfills other than those impacting..."

9VAC20-81-120.F.2.

SAA

Revise to read: "New and expanded waste management areas for CDD or industrial landfills shall not be located in wetlands..."

9VAC20-81-250.B.2.a.(1)(a)

It is not possible to collect eight (or more) independent samples during a semi-annual sampling period.

Revise to read: "For facilities that monitor groundwater on a semi-annual basis, a minimum of eight independent samples from each well (background and downgradient) shall be collected and analyzed for the Table 3.1 Columns A and C constituents prior to the facility becoming active through the first semi-annual sampling period."

9VAC20-81-250.B.2.a.(1)(b)

It is not possible to collect four (or more) independent samples within a quarterly period.

Revise to read: "For facilities that monitor groundwater on a quarterly basis as a result of subdivision 1 e of this subsection, a minimum of four independent samples from each well (background and downgradient) shall be collected and analyzed for the Table 3.1 Columns A and C constituents prior to the facility becoming active through the first quarterly sampling period."

9VAC20-81-250.B.2.a.(1)(a) and 9VAC20-81-250.C.2.b.(2)

Regulation does not specify if/when background calculations should be submitted to the department for Sanitary Landfills. 9VAC20-81-250.B.2.a.(4) references the recalculation of site background. It is unclear if the initial background calculations and subsequent recalculations should be submitted independently or as part of Groundwater Monitoring Reports.

9VAC20-81-250.B.2.a.(4)

Is there a limitation on the age of the data from background wells that can be included in the recalculation of site background every four years? Is there a limit of the number of data points that can be included? We have received conflicting feedback from reviewers at the department on these questions.

9VAC20-81-250.B.3.f and 9VAC20-81-250.C.3.f(1)

The added language of "at all downgradient compliance wells" seems excessive, particularly at sites with large monitoring networks. There is a possibility that one or more wells in Assessment monitoring could show concentrations of all Table 3.1 Columns B and C constituents at or below background values for a long period of time before all of the downgradient compliance wells show similar concentrations. We have had requests approved in the past to move a single well from an Assessment subset of wells to a Detection subset of wells based on all Table 3.1 Columns B (and now C) constituents being detected at or below background values for two consecutive Table 3.1 Columns B and C sampling events. We request that the Department consider allowing the possibility for a well or wells be moved from an Assessment subset to a Detection subset. A longer period of sampling could be considered, such as four consecutive Table 3.1 Columns B and C sampling events showing constituents at or below background values vs. the current two consecutive events.

9VAC20-81-200.C.5.b

The language that "probe casings shall be capped or locked to prevent tampering and to protect the probes from exposure to the elements" is left to interpretation. Several facilities have existing probes that are capped by means of a screw cap on PVC pipe or just bolts on flush mount covers. While these are capped, it could be interpreted that it is open to tampering if it is not locked.

Revise to read: “The probes shall be capped or locked to discourage tampering...” or “The probes shall be capped to discourage tampering...”

9VAC20-81-200.D.2.d

This states that “Within 10 days of detection, provide written notification of the compliance level exceedance to adjacent property owners and occupants of occupied structures within 500 feet of the exceeding probe or structure.” Does this only apply to adjacent properties or all properties within 500 feet of the exceeding probe. For some facilities located in more urban settings, there could be several properties and structures that are located with 500 feet but are not adjacent to the facility. We suggest revising the statement to be clear on which properties and occupants are to be notified.

Revise to read: “Within 10 days of detection, provide written notification of the compliance level exceedance to all property owners and occupants of occupied structures within 500 feet of the exceeding probe or structure.” or “Within 10 days of detection, provide written notification of the compliance level exceedance to only adjacent property owners and occupants of occupied structures within 500 feet of the exceeding probe or structure.”

9VAC20-81-140.B.6.b

This states that the facility boundary and the limits of the gas monitoring network are one and the same, which may not be accurate for all facilities

Revise to read: "The concentration of methane gas does not exceed the lower explosive limit for methane (5.0% methane by volume) within the facility gas monitoring network."

9VAC20-81-140.B.19

Punctuation needed

Revise to read: "The facility shall operate within the hours of operation specified in the permit. The facility may request a temporary extension of operating hours, if necessary, in order to respond to an emergency or other unusual event."

9VAC20-81-140.B.20

Punctuation needed

Revised to read: "The facility shall not exceed the daily disposal limit or waste storage limits specified in the permit. The facility may request a temporary increase in daily disposal limit or waste storage limits, if necessary, in order to respond to an emergency or other unusual event."

9VAC20-81-350.2 & 9VAC20-81-350.4

Sites must keep a log of all sampling and results that occur. All the information required is generally captured on a typical chain of custody, but this condition requires a log and the record to be kept on site for 3 years subject to review upon request. Currently it seems like the request response is immediate and downloading records may take some time. The time needed to be able to provide documents needs to be clarified.

9VAC20-81-98.B.4

Clarification is needed on how an “appropriate container” discussed in 9VAC20-81-98 differs from “container” as stated in the definitions (PVAC20-81-10). Appropriate containers are only directly referenced in the regulations when describing activities that are conditionally exempt from being classified as solid waste, and for facilities that will compost only Class I feedstocks. The statement that appropriate containers should be leak proof will provide a large burden to the waste industry. Specifically, if roll-off boxes are considered an appropriate container, they will not meet this requirement and facilities would be required to modify and or purchase new containers.

9VAC20-81-250.A.4.F

Is there a technical reason for prohibiting the use for dedicated bailers? Would you be able to provide clarification for this decision?

9VAC20-81-140.B.1

Sites must be managed by a licensed operator in the state of Virginia. Getting qualified site personnel to become a licensed operator can be difficult and take time, especially for some facilities that may have been recently acquired through acquisitions. Having the facility operate under the supervision or oversight of a licensed operator should be just as protective.

Revise to read: “The facility shall operate under the supervision of a waste management facility operator licensed by the Board for Waste Management Facility Operators.” or “The facility shall operate under the oversight of a waste management facility operator licensed by the Board for Waste Management Facility Operators.”

9VAC20-81-340.B.1

9VAC20-81-350.1

Sites must conduct monthly inspections and document each. The inspections must be kept on site for 3 years and made available for review upon request. Currently it seems like the request response is immediate and downloading records may take some time. The time needed to be able to provide documents needs to be clarified.

CommentID: 122047