Proposed Text
CHAPTER 80
SOLID WASTE MANAGEMENT REGULATIONS (REPEALED)
Part I
Definitions
9VAC20-80-10. Definitions.(Repealed.)
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Abandoned facility" means any inactive solid waste
management facility that has not met closure and post-closure requirements.
"Active life" means the period of operation
beginning with the initial receipt of solid waste and ending at completion of
closure activities required by this chapter.
"Active portion" means that part of a facility or
unit that has received or is receiving wastes and that has not been closed in
accordance with this chapter.
"Agricultural waste" means all solid waste
produced from farming operations.
"Airport" means, for the purpose of this chapter,
a military airfield or a public-use airport open to the public without prior
permission and without restrictions within the physical capacities of available
facilities.
"Anaerobic digestion" means the decomposition of
organic materials in the absence of oxygen or under low oxygen concentration.
Anaerobic conditions occur when gaseous oxygen is depleted during respiration.
Anaerobic decomposition is not considered composting.
"Applicant" means any and all persons seeking or
holding a permit under this chapter.
"Aquifer" means a geologic formation, group of
formations, or a portion of a formation capable of yielding significant
quantities of ground water to wells or springs.
"Areas susceptible to mass movement" means those
areas of influence (i.e., areas characterized as having an active or
substantial possibility of mass movement) where the movement of earth material
at, beneath, or adjacent to the solid waste management unit, because of natural
or man-induced events, results in the downslope transport of soil and rock
material by means of gravitational influence. Areas of mass movement include,
but are not limited to, landslides, avalanches, debris slides and flows, soil
fluction, block sliding, and rock fall.
"Ash" means the fly ash or bottom ash residual
waste material produced from incineration or burning of solid waste or from any
fuel combustion.
"Base flood" see "Hundred-year flood."
"Bedrock" means the rock that underlies soil or
other unconsolidated, superficial material at a site.
"Benchmark" means a permanent monument
constructed of concrete and set in the ground surface below the frostline with
identifying information clearly affixed to it. Identifying information will
include the designation of the benchmark as well as the elevation and
coordinates on the local or Virginia state grid system.
"Beneficial use" means a use which is of benefit
as a substitute for natural or commercial products and does not contribute to
adverse effects on health or environment.
"Bioremediation" means remediation of
contaminated media by the manipulation of biological organisms to enhance the
degradation of contaminants.
"Bird hazard" means an increase in the likelihood
of bird/aircraft collisions that may cause damage to the aircraft or injury to
its occupants.
"Board" means the Virginia Waste Management
Board.
"Bottom ash" means ash or slag that has been
discharged from the bottom of the combustion unit after combustion.
"By-product material" means a material that is
not one of the primary products of a production process and is not solely or
separately produced by the production process. By-product does not include a
co-product that is produced for the general public's use and is ordinarily used
in the form that is produced by the process.
"Captive industrial landfill" means an industrial
landfill that is located on property owned or controlled by the generator of
the waste disposed of in that landfill.
"Clean wood" means uncontaminated natural or
untreated wood. Clean wood includes but is not limited to by-products of
harvesting activities conducted for forest management or commercial logging, or
mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs.
It does not include wood that has been treated, adulterated, or chemically changed
in some way; treated with glues, binders, or resins; or painted, stained or
coated.
"Closed facility" means a solid waste management
facility which has been properly secured in accordance with the requirements of
this chapter.
"Closure" means that point in time when a unit of
a permitted landfill is filled, capped, certified as final covered by a
professional engineer, inspected, and closure notification is performed by the
department in accordance with 9VAC20-80-250 E 6, 9VAC20-80-260 E 5, or 9VAC20-80-270
E 5.
"Coal combustion by-products" means residuals,
including fly ash, bottom ash, boiler slag, and flue gas emission control waste
produced by coal-fired electrical or steam generating units.
"Combustion unit" means an incinerator, waste
heat recovery unit or boiler.
"Commercial chemical product" means a chemical
substance which is manufactured or formulated for commercial, agricultural or
manufacturing use. This term includes a manufacturing chemical intermediate,
off-specification chemical product, which, if it met specification, would have
been a chemical product or intermediate. It includes any residues remaining in
the container or the inner liner removed from the container that has been used
to hold any of the above which have not been removed using the practices
commonly employed to remove materials from that type of container and has more
than one inch of residue remaining.
"Commercial waste" means all solid waste
generated by establishments engaged in business operations other than
manufacturing or construction. This category includes, but is not limited to,
solid waste resulting from the operation of stores, markets, office buildings,
restaurants and shopping centers.
"Community activity" means the normal activities taking
place within a local community to include residential, site preparation and
construction, government, commercial, institutional, and industrial activities.
"Compliance schedule" means a time schedule for
measures to be employed on a solid waste management facility which will
ultimately upgrade it to conform to this chapter.
"Composite liner system" means a system designed
and constructed to meet the requirements of 9VAC20-80-250 B 9.
"Compost" means a stabilized organic product
produced by a controlled aerobic decomposition process in such a manner that
the product can be handled, stored, and/or applied to the land without
adversely affecting public health or the environment. Composted sludge shall be
as specified in 12VAC5-581-630.
"Composting" means the manipulation of the
natural aerobic process of decomposition of organic materials to increase the
rate of decomposition.
"Conditionally exempt small quantity generator"
means a generator of hazardous waste who has been so defined in 40 CFR
261.5. That section applies to the persons who generate in that calendar month
no more than 100 kilograms of hazardous waste or 1 kilogram of acutely
hazardous waste.
"Confined composting system" means a composting
process that takes place inside an enclosed container.
"Construction/Demolition/Debris landfill" or
"CDD landfill" means a land burial facility engineered, constructed
and operated to contain and isolate construction waste, demolition waste,
debris waste, or combinations of the above solid wastes.
"Construction waste" means solid waste which is
produced or generated during construction, remodeling, or repair of pavements,
houses, commercial buildings, and other structures. Construction wastes
include, but are not limited to lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, paving materials, and metal and plastics if
the metal or plastics are a part of the materials of construction or empty
containers for such materials. Paints, coatings, solvents, asbestos, any
liquid, compressed gases or semi-liquids and garbage are not construction
wastes.
"Contaminated soil" means, for the purposes of
this chapter, a soil that, as a result of a release or human usage, has
absorbed or adsorbed physical, chemical, or radiological substances at
concentrations above those consistent with nearby undisturbed soil or natural
earth materials.
"Container" means any portable device in which a
material is stored, transported, treated, or otherwise handled and includes
transport vehicles that are containers themselves (e.g., tank trucks) and
containers placed on or in a transport vehicle.
"Containment structure" means a closed vessel
such as a tank or cylinder.
"Convenience center" means a collection point for
the temporary storage of solid waste provided for individual solid waste
generators who choose to transport solid waste generated on their own premises
to an established centralized point, rather than directly to a disposal
facility. To be classified as a convenience center, the collection point may
not receive waste from collection vehicles that have collected waste from more
than one real property owner. A convenience center shall be on a system of
regularly scheduled collections.
"Cover material" means compactable soil or other
approved material which is used to blanket solid waste in a landfill.
"Debris waste" means wastes resulting from land
clearing operations. Debris wastes include, but are not limited to stumps,
wood, brush, leaves, soil, and road spoils.
"Demolition waste" means that solid waste which is
produced by the destruction of structures and their foundations and includes
the same materials as construction wastes.
"Department" means the Virginia Department of
Environmental Quality.
"Director" means the Director of the Department
of Environmental Quality. For purposes of submissions to the director as
specified in the Waste Management Act, submissions may be made to the
department.
"Discard" means to abandon, dispose of, burn,
incinerate, accumulate, store or treat before or instead of being abandoned,
disposed of, burned or incinerated.
"Discarded material" means a material which is:
A. Abandoned by being:
1. Disposed of;
2. Burned or incinerated; or
3. Accumulated, stored or treated (but not used, reused, or
reclaimed) before or in lieu of being abandoned by being disposed of, burned or
incinerated;
B. Recycled used, reused, or reclaimed material as defined
in this part; or
C. Considered inherently waste-like as described in
9VAC20-80-140 C.
"Discharge of dredged material" means any release
of material that is excavated or dredged from the waters of the U.S. or state
waters and returned to the waters of the U.S. or state waters.
"Disclosure statement" means a sworn statement or
affirmation, in such form as may be required by the director (see DEQ Form
DISC-01 and 02 (Disclosure Statement), which includes:
1. The full name, business address, and social security
number of all key personnel;
2. The full name and business address of any entity, other than
natural person, that collects, transports, treats, stores, or disposes of solid
waste or hazardous waste in which any key personnel holds an equity interest of
five percent or more;
3. A description of the business experience of all key
personnel listed in the disclosure statement;
4. A listing of all permits or licenses required for the
collection, transportation, treatment, storage, or disposal of solid waste or
hazardous waste issued to or held by any key personnel within the past 10
years;
5. A listing and explanation of any notices of violation,
prosecution, administrative orders (whether by consent or otherwise), license
or permit suspensions or revocations, or enforcement actions of any sort by any
state, federal or local authority, within the past ten years, which are pending
or have concluded with a finding of violation or entry of a consent agreement,
regarding an allegation of civil or criminal violation of any law, regulation
or requirement relating to the collection, transportation, treatment, storage
or disposal of solid waste or hazardous waste by any key personnel, and an
itemized list of all convictions within ten years of key personnel of any of
the following crimes punishable as felonies under the laws of the Commonwealth
or the equivalent thereof under the laws of any other jurisdiction: murder;
kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson;
burglary; theft and related crimes; forgery and fraudulent practices; fraud in
the offering, sale, or purchase of securities; alteration of motor vehicle
identification numbers; unlawful manufacture, purchase, use or transfer of
firearms; unlawful possession or use of destructive devices or explosives;
violation of the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of Title
54.1 of the Code of Virginia; racketeering; or violation of antitrust laws;
6. A listing of all agencies outside the Commonwealth which
have regulatory responsibility over the applicant or have issued any
environmental permit or license to the applicant within the past ten years, in
connection with the applicant's collection, transportation, treatment, storage
or disposal of solid waste or hazardous waste;
7. Any other information about the applicant and the key
personnel that the director may require that reasonably relates to the
qualifications and ability of the key personnel or the applicant to lawfully
and competently operate a solid waste management facility in Virginia; and
8. The full name and business address of any member of the
local governing body or planning commission in which the solid waste management
facility is located or proposed to be located, who holds an equity interest in
the facility.
"Displacement" means the relative movement of any
two sides of a fault measured in any direction.
"Disposal" means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any solid waste into or on
any land or water so that such solid waste or any constituent of it may enter
the environment or be emitted into the air or discharged into any waters.
"EPA" means the United States Environmental
Protection Agency.
"Existing unit" means any permitted solid waste
management unit that is receiving or has received solid waste and has not been
closed in accordance with the regulations in effect at the time of closure.
Waste placement in existing units shall be consistent with past operating
practices, the permit, or modified practices to ensure good management.
"Facility" means solid waste management facility
unless the context clearly indicates otherwise.
"Facility boundary" means the boundary of the
solid waste management facility approved to manage solid waste as defined in
Part A of the permit application. For unpermitted solid waste management
facilities as defined in 9VAC20-80-200, the facility boundary is the boundary
of the property where the solid waste is located. For facilities with a
permit-by-rule (PBR) the facility boundary is the boundary of the property
where the permit-by-rule activity occurs.
"Facility structure" means any building, shed, or
utility or drainage line on the facility.
"Fault" means a fracture or a zone of fractures
in any material along which strata on one side have been displaced with respect
to that on the other side.
"Floodplain" means the lowland and relatively
flat areas adjoining inland and coastal waters, including lowlying areas of
offshore islands where flooding occurs.
"Fly ash" means ash particulate collected from
air pollution attenuation devices on combustion units.
"Food chain crops" means crops grown for human
consumption, tobacco, and crops grown for pasture and forage or feed for
animals whose products are consumed by humans.
"Fossil fuel combustion products" means coal
combustion byproducts as defined in this regulation, coal combustion byproducts
generated at facilities with fluidized bed combustion technology, petroleum
coke combustion byproducts, byproducts from the combustion of oil, byproducts
from the combustion of natural gas, and byproducts from the combustion of
mixtures of coal and "other fuels" (i.e., co-burning of coal with
"other fuels" where coal is at least 50% of the total fuel). For
purposes of this definition, "other fuels" means waste-derived fuel
product, auto shredder fluff, wood wastes, coal mill rejects, peat, tall oil,
tire-derived fuel, deionizer resins, and used oil.
"Free liquids" means liquids which readily
separate from the solid portion of a waste under ambient temperature and
pressure as determined by the Paint Filter Liquids Test, Method 9095, U.S.
Environmental Protection Agency, Publication SW-846.
"Garbage" means readily putrescible discarded
materials composed of animal, vegetable or other organic matter.
"Gas condensate" means the liquid generated as a
result of gas control or recovery processes at the solid waste management unit.
"Ground water" means water below the land surface
in a zone of saturation.
"Hazardous constituent" means a constituent of
solid waste listed in Part V, Table 5.1.
"Hazardous waste" means a "hazardous
waste" as described by the Virginia Hazardous Waste Management Regulations
(9VAC20-60).
"Holocene" means the most recent epoch of the
Quaternary period, extending from the end of the Pleistocene Epoch to the
present.
"Home use" means the use of compost for growing
plants which is produced and used on a privately owned residential site.
"Host agreement" means any lease, contract,
agreement or land use permit entered into or issued by the locality in which
the landfill is situated that includes terms or conditions governing the
operation of the landfill.
"Household hazardous waste" means any waste
material derived from households (including single and multiple residences,
hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas) which, except for the fact that it is
derived from a household, would otherwise be classified as a hazardous waste in
accordance with 9VAC20-60.
"Household waste" means any waste material,
including garbage, trash and refuse, derived from households. Households include
single and multiple residences, hotels and motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds and day-use recreation areas.
Household wastes do not include sanitary waste in septic tanks (septage) which
is regulated by other state agencies.
"Hundred-year flood" means a flood that has a
1.0% or greater chance of recurring in any given year or a flood of magnitude
equaled or exceeded on the average only once in a hundred years on the average
over a significantly long period.
"Ignitable waste" means: (i) Liquids having a
flash point of less than 140°F (60°C) as determined by the methods specified in
the Virginia Hazardous Waste Management Regulations (9VAC20-60); (ii)
nonliquids liable to cause fires through friction, absorption of moisture,
spontaneous chemical change or retained heat from manufacturing or liable, when
ignited, to burn so vigorously and persistently as to create a hazard; (iii)
ignitable compressed gases, oxidizers, or both.
"Incineration" means the controlled combustion of
solid waste for disposal.
"Incinerator" means a facility or device designed
for the treatment of solid waste by combustion.
"Industrial waste" means any solid waste
generated by manufacturing or industrial process that is not a regulated hazardous
waste. Such waste may include, but is not limited to, waste resulting from the
following manufacturing processes: Electric power generation;
fertilizer/agricultural chemicals; food and related products/by-products;
inorganic chemicals; iron and steel manufacturing; leather and leather
products; nonferrous metals manufacturing/foundries; organic chemicals;
plastics and resins manufacturing; pulp and paper industry; rubber and
miscellaneous plastic products; stone, glass, clay, and concrete products;
textile manufacturing; transportation equipment; and water treatment. This term
does not include mining waste or oil and gas waste.
"Industrial waste landfill" means a solid waste
landfill used primarily for the disposal of a specific industrial waste or a
waste which is a by-product of a production process.
"Inert waste" means solid waste which is
physically, chemically and biologically stable from further degradation and
considered to be nonreactive. Inert wastes include rubble, concrete, broken
bricks, bricks, and blocks.
"Injection well" means, for the purposes of this
chapter, a well or bore hole into which fluids are injected into selected
geological horizons.
"Institutional waste" means all solid waste
emanating from institutions such as, but not limited to, hospitals, nursing
homes, orphanages, and public or private schools. It can include regulated
medical waste from health care facilities and research facilities that must be
managed as a regulated medical waste.
"Karst terranes" means areas where karst
topography, with its characteristic surface and subterranean features, is
developed as the result of dissolution of limestone, dolomite, or other soluble
rock. Characteristic physiographic features present in karst terranes include,
but are not limited to, sinkholes, sinking streams, caves, large springs, and
blind valleys.
"Key personnel" means the applicant itself and
any person employed by the applicant in a managerial capacity, or empowered to
make discretionary decisions, with respect to the solid waste or hazardous
waste operations of the applicant in Virginia, but shall not include employees
exclusively engaged in the physical or mechanical collection, transportation,
treatment, storage, or disposal of solid or hazardous waste and such other employees
as the director may designate by regulation. If the applicant has not
previously conducted solid waste or hazardous waste operations in Virginia, the
term also includes any officer, director, partner of the applicant, or any
holder of five percent or more of the equity or debt of the applicant. If any
holder of five percent or more of the equity or debt of the applicant or of any
key personnel is not a natural person, the term includes all key personnel of
that entity, provided that where such entity is a chartered lending institution
or a reporting company under the Federal Security and Exchange Act of 1934, the
term does not include key personnel of such entity. Provided further that the
term means the chief executive officer of any agency of the United States or of
any agency or political subdivision of the Commonwealth, and all key personnel
of any person, other than a natural person, that operates a landfill or other
facility for the disposal, treatment, or storage of nonhazardous solid waste
under contract with or for one of those governmental entities.
"Lagoon" means a body of water or surface
impoundment designed to manage or treat waste water.
"Land application unit" means an area where solid
or liquid wastes are applied onto or incorporated into the soil surface
(excluding manure spreading operations) for agricultural purposes or for
treatment or disposal.
"Landfill" means a sanitary landfill, an
industrial waste landfill, or a construction/demolition/debris landfill.
"Landfill disposal area" means the area within
the facility boundary of a landfill in which solid waste is buried or permitted
for actual burial.
"Landfill gas" means gas generated as a byproduct
of the decomposition of organic materials in a landfill. Landfill gas consists
primarily of methane and carbon dioxide.
"Lateral expansion" means a horizontal expansion
of the waste management unit boundary.
"Leachate" means a liquid that has passed through
or emerged from solid waste and contains soluble, suspended or miscible
materials from such waste. Leachate and any material with which it is mixed is
solid waste; except that leachate that is pumped from a collection tank for
transportation to disposal in an off-site facility is regulated as septage,
leachate discharged into a waste water collection system is regulated as
industrial waste water and leachate that has contaminated ground water is
regulated as contaminated ground water.
"Lead acid battery" means, for the purposes of
this chapter, any wet cell battery.
"Lift" means the daily landfill layer of
compacted solid waste plus the cover material.
"Liquid waste" means any waste material that is
determined to contain "free liquids" as defined by this chapter.
"Lithified earth material" means all rock,
including all naturally occurring and naturally formed aggregates or masses of
minerals or small particles of older rock that formed by crystallization of
magma or by induration of loose sediments. This term does not include man-made
materials, such as fill, concrete, and asphalt, or unconsolidated earth
materials, soil, or regolith lying at or near the earth's surface.
"Litter" means, for purposes of this chapter, any
solid waste that is discarded or scattered about a solid waste management
facility outside the immediate working area.
"Lower explosive limit" means the lowest
concentration by volume of a mixture of explosive gases in air that will
propagate a flame at 25°C and at atmospheric pressure.
"Manufacturing or mining by-product" means a
material that is not one of the primary products of a particular manufacturing
or mining operation, but is a secondary and incidental product of the
particular operation and would not be solely and separately manufactured or
mined by the particular manufacturing or mining operation. The term does not
include an intermediate manufacturing or mining product which results from one
of the steps in a manufacturing or mining process and is typically processed
through the next process step within a short time.
"Materials recovery facility" means a solid waste
management facility for the collection, processing and recovery of material
such as metals from solid waste or for the production of a fuel from solid
waste. This does not include the production of a waste-derived fuel product.
"Maximum horizontal acceleration in lithified earth
material" means the maximum expected horizontal acceleration depicted on a
seismic hazard map, with a 90% or greater probability that the acceleration
will not be exceeded in 250 years, or the maximum expected horizontal
acceleration based on a site-specific seismic risk assessment.
"Monitoring" means all methods, procedures and
techniques used to systematically analyze, inspect and collect data on
operational parameters of the facility or on the quality of air, ground water,
surface water, and soils.
"Monitoring wells" means a well point below the
ground surface for the purpose of obtaining periodic water samples from ground
water for quantitative and qualitative analysis.
"Mulch" means woody waste consisting of stumps,
trees, limbs, branches, bark, leaves and other clean wood waste which has
undergone size reduction by grinding, shredding, or chipping, and is
distributed to the general public for landscaping purposes or other horticultural
uses except composting as defined and regulated under this chapter or the
Vegetative Waste Management and Yard Waste Composting Regulations (9VAC20-101).
"Municipal solid waste" means that waste which is
normally composed of residential, commercial, and institutional solid waste and
residues derived from combustion of these wastes.
"New solid waste management facility" means a
facility or a portion of a facility that was not included in a previous
determination of site suitability (Part A approval).
"Nonsudden events" mean those events continuing
for an extended time period or for long term releases of contaminants into the
environment which take place over time such as leachate contamination of ground
water.
"Nuisance" means an activity which unreasonably
interferes with an individual's or the public's comfort, convenience or
enjoyment such that it interferes with the rights of others by causing damage,
annoyance, or inconvenience.
"Off-site" means any site that does not meet the
definition of on-site as defined in this part.
"On-site" means the same or geographically
contiguous property, which may be divided by public or private right-of-way,
provided the entrance and exit to the facility are controlled by the owner or
the operator of the facility. Noncontiguous properties owned by the same
person, but connected by a right-of-way which he controls and to which the
public does not have access, are also considered on-site property.
"Open burning" means the combustion of solid
waste without:
1. Control of combustion air to maintain adequate
temperature for efficient combustion;
2. Containment of the combustion reaction in an enclosed
device to provide sufficient residence time and mixing for complete combustion;
and
3. Control of the combustion products' emission.
"Open dump" means a site on which any solid waste
is placed, discharged, deposited, injected, dumped or spilled so as to present
a threat of a release of harmful substances into the environment or present a
hazard to human health. Such a site is subject to the Open Dump Criteria in
9VAC20-80-180.
"Operating Record" means records required to be
maintained in accordance with the facility permit or this part (see
9VAC20-80-570).
"Operator" means the person responsible for the
overall operation and site management of a solid waste management facility.
"Owner" means the person who owns a solid waste
management facility or part of a solid waste management facility.
"Permit" means the written permission of the
director to own, operate or construct a solid waste management facility.
"PCB" means any chemical substance that is
limited to the biphenyl molecule that has been chlorinated to varying degrees
or any combination of substances which contain such substance (see 40 CFR
761.3).
"Person" means an individual, corporation,
partnership, association, a governmental body, a municipal corporation or any
other legal entity.
"Point source" means any discernible, confined
and discrete conveyance, including but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock, vessel or
other floating craft, from which pollutants are or may be discharged. Return
flows from irrigated agriculture are not included.
"Pollutant" means any substance which causes or
contributes to, or may cause or contribute to, environmental degradation when
discharged into the environment.
"Poor foundation conditions" means those areas
where features exist which indicate that a natural or man-induced event may
result in inadequate foundation support for the structural components of a
solid waste management unit.
"Post-closure" means the requirements placed upon
solid waste disposal facilities after closure to ensure environmental and
public health safety for a specified number of years after closure.
"Private solid waste disposal facility" means any
solid waste disposal facility including, without limitations, all solid waste
disposal facilities other than facilities owned or operated by a local
government, combination of local governments or public service authority.
"Processing" means preparation, treatment, or
conversion of waste by a series of actions, changes, or functions that bring
about a desired end result.
"Progressive cover" means cover material placed
over the working face of a solid waste disposal facility advancing over the
deposited waste as new wastes are added keeping the exposed area to a minimum.
"Public land" means any land, used for any
purpose, that is leased or owned by a governmental entity.
"Putrescible waste" means solid waste which
contains organic material capable of being decomposed by micro-organisms and
cause odors.
"Qualified ground water scientist" means a
scientist or engineer who has received a baccalaureate or post-graduate degree
in the natural sciences or engineering and has sufficient training and
experience in ground water hydrology and related fields as may be demonstrated
by state registration, professional certifications, or completion of accredited
university programs that enable that individual to make sound professional
judgements regarding ground water monitoring, contaminant fate and transport,
and corrective action.
"RCRA" means the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976 (42 USC § 6901 et
seq.), the Hazardous and Solid Waste Amendments of 1984, and any other
applicable amendments to these laws.
"RDF (Refuse Derived Fuel)" means solid waste
that is processed to be used as fuel to produce energy.
"Reclaimed material" means a material that is processed
or reprocessed to recover a usable product or is regenerated to a usable form.
"Refuse" means all solid waste products having
the character of solids rather than liquids and which are composed wholly or
partially of materials such as garbage, trash, rubbish, litter, residues from
clean up of spills or contamination, or other discarded materials.
"Registered professional engineer" means an
engineer licensed to practice engineering in the Commonwealth as defined by the
rules and regulations set forth by the Board of Architects, Professional
Engineers, Land Surveyors, and Landscape Architects (18VAC10-20).
"Regulated hazardous waste" means a solid waste
that is a hazardous waste, as defined in the Virginia Hazardous Waste
Management Regulations (9VAC20-60), that is not excluded from those regulations
as a hazardous waste.
"Regulated medical waste" means solid wastes so
defined by the Regulated Medical Waste Management Regulations (9VAC20-120) as
promulgated by the Virginia Waste Management Board.
"Release" means, for the purpose of this chapter,
any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injection, escaping, leaching, dumping, or disposing into the environment solid
wastes or hazardous constituents of solid wastes (including the abandonment or
discarding of barrels, containers, and other closed receptacles containing
solid waste). This definition does not include: any release which results in
exposure to persons solely within a workplace; release of source, by-product or
special nuclear material from a nuclear incident, as those terms are defined in
the Atomic Energy Act of 1954 (68 Stat. 923); and the normal application of
fertilizer. For the purpose of this chapter, release also means substantial
threat of release.
"Remediation waste" means all solid waste,
including all media (ground water, surface water, soils and sediments) and
debris, that are managed for the purpose of remediating a site under Part IV
(9VAC20-80-170 et seq.) or Part V (9VAC20-80-240 et seq.) of this chapter or
under the Voluntary Remediation Regulations (9VAC20-160). For a given facility,
remediation wastes may originate only from within the boundary of that
facility, and may include wastes managed as a result of remediation beyond the
boundary of the facility. Hazardous wastes as defined in 9VAC20-60, as well as
"new" or "as generated" wastes, are excluded from this
definition.
"Remediation waste management unit" or
"RWMU" means an area within a facility that is designated by the
director for the purpose of implementing remedial activities required under
Part IV or V of this chapter or under the Voluntary Remediation Regulations
(9VAC20-160). An RWMU shall only be used for the management of remediation
wastes pursuant to implementing such remedial activities at the facility.
"Residential waste" means household waste.
"Resource recovery system" means a solid waste
management system which provides for collection, separation, use, reuse, or
reclamation of solid wastes, recovery of energy and disposal of non-recoverable
waste residues.
"Rubbish" means combustible or slowly putrescible
discarded materials which include but are not limited to trees, wood, leaves,
trimmings from shrubs or trees, printed matter, plastic and paper products,
grass, rags and other combustible or slowly putrescible materials not included
under the term "garbage."
"Runoff" means any rainwater, leachate, or other
liquid that drains over land from any part of a solid waste management
facility.
"Runon" means any rainwater, wastewater,
leachate, or other liquid that drains over land onto any part of the solid
waste management facility.
"Salvage" means the authorized, controlled
removal of waste materials from a solid waste management facility.
"Sanitary landfill" means an engineered land
burial facility for the disposal of household waste which is so located,
designed, constructed and operated to contain and isolate the waste so that it
does not pose a substantial present or potential hazard to human health or the
environment. A sanitary landfill also may receive other types of solid wastes,
such as commercial solid waste, nonhazardous sludge, hazardous waste from
conditionally exempt small quantity generators, construction demolition debris,
and nonhazardous industrial solid waste.
"Saturated zone" means that part of the earth's
crust in which all voids are filled with water.
"Scavenging" means the unauthorized or
uncontrolled removal of waste materials from a solid waste management facility.
"Scrap metal" means bits and pieces of metal
parts such as bars, rods, wire, empty containers, or metal pieces that may be
combined together with bolts or soldering which are discarded material and can
be used, reused, or reclaimed.
"Secondary containment" means an enclosure into
which a container or tank is placed for the purpose of preventing discharge of
wastes to the environment.
"Seismic impact zone" means an area with a 10% or
greater probability that the maximum horizontal acceleration in lithified earth
material, expressed as a percentage of the earth's gravitational pull (g), will
exceed 0.10g in 250 years.
"Semiannual" means an interval corresponding to
approximately 180 days. For the purposes of scheduling monitoring activities,
sampling within 30 days of the 180-day interval will be considered semiannual.
"Site" means all land and structures, other
appurtenances, and improvements on them used for treating, storing, and
disposing of solid waste. This term includes adjacent land within the facility
boundary used for the utility systems such as repair, storage, shipping or
processing areas, or other areas incident to the management of solid waste.
(Note: This term includes all sites whether they are
planned and managed facilities or are open dumps.)
"Sludge" means any solid, semi-solid or liquid
waste generated from a municipal, commercial or industrial wastewater treatment
plant, water supply treatment plant, or air pollution control facility
exclusive of treated effluent from a wastewater treatment plant.
"Small landfill" means a landfill that disposed
of 100 tons/day or less of solid waste during a representative period prior to
October 9, 1993, and did not dispose of more than an average of 100 tons/day of
solid waste each month between October 9, 1993, and April 9, 1994.
"Solid waste" means any of those materials
defined as 'solid waste' in Part III (9VAC20-80-140 et seq.) of this chapter.
"Solid waste boundary" means the outermost
perimeter of the solid waste (vertical projection on a horizontal plane) as it
would exist at completion of the disposal activity within the facility
boundary.
"Solid waste disposal area" means the area within
the facility boundary of a landfill facility in which solid waste is buried.
"Solid waste disposal facility" means a solid waste
management facility at which solid waste will remain after closure.
"Solid waste management facility
("SWMF")" means a site used for planned treating, storing, or
disposing of solid waste. A facility may consist of several treatment, storage,
or disposal units.
"Source separation" means separation of
recyclable materials by the waste generator of materials that are collected for
use, reuse or reclamation.
"Special wastes" mean solid wastes that are
difficult to handle, require special precautions because of hazardous
properties or the nature of the waste creates waste management problems in
normal operations. (See Part VIII (9VAC20-80-630 et seq.) of this chapter.)
"Speculatively accumulated material" means any
material that is accumulated before being used, reused, or reclaimed or in
anticipation of potential use, reuse, or reclamation. Materials are not being
accumulated speculatively when they can be used, reused or reclaimed, have a
feasible means of use, reuse, or reclamation available and 75% of the materials
accumulated are being removed from the facility annually.
"Stabilized compost" means a compost that has
passed the stability criteria outlined in 9VAC20-80-330 D 2 a.
"State solid waste management plan ("State
Plan" or "Plan")" means the plan of the Virginia Waste
Management Board that sets forth solid waste management goals and objectives
and describes planning and regulatory concepts to be employed by the
Commonwealth.
"State waters" means all water, on the surface
and under the ground, wholly or partially within, or bordering the
Commonwealth, or within its jurisdiction.
"Storage" means the holding of waste, at the end
of which the waste is treated, disposed, or stored elsewhere.
"Structural components of a solid waste disposal
unit" means liners, leachate collection systems, final covers,
run-on/run-off systems, and any other component used in the construction and
operation of the solid waste disposal facility that is necessary for protection
of human health and the environment.
"Structural fill" means an engineered fill with a
projected beneficial end use, constructed using soil or coal combustion
by-products spread and compacted with proper equipment and covered with a
vegetated soil cap.
"Sudden event" means a one time, single event
such as a sudden collapse or a sudden, quick release of contaminants to the
environment. An example would be the sudden loss of leachate from an
impoundment into a surface stream caused by failure of a containment structure.
"Surface impoundment or impoundment" means a
facility or part of a facility that is a natural topographic depression,
man-made excavation, or diked area formed primarily of earthen materials
(although it may be lined with man-made materials), that is designed to hold an
accumulation of liquid wastes or wastes containing free liquids and that is not
an injection well.
"SW-846" means Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, EPA Publication SW-846, Second Edition, 1982
as amended by Update I (April, 1984), and Update II (April, 1985) and the third
edition, November, 1986, as amended.
"Tank" means a stationary device, designed to
contain an accumulation of liquid or semi-liquid components of solid waste that
is constructed primarily of non-earthen materials that provide structural
support.
"TEF" or "Toxicity Equivalency Factor"
means a factor developed to account for different toxicities of structural
isomers of polychlorinated dibenzodioxins and dibenzofurans and to relate them
to the toxicity of 2,3,7,8-tetrachloro dibenzo-p-dioxin.
"Terminal" means the location of transportation
facilities such as classification yards, docks, airports, management offices,
storage sheds, and freight or passenger stations, where solid waste that is
being transported may be loaded, unloaded, transferred, or temporarily stored.
"Thermal treatment" means the treatment of solid
waste in a device which uses elevated temperature as the primary means to
change the chemical, physical, or biological character, or composition of the
solid waste.
"Tire chip" means a material processed from waste
tires that is a nominal two square inches in size, and ranges from 1/4 inches
to 4 inches in any dimension. Tire chips contain no wire protruding more than
1/4 inch.
"Tire shred" means a material processed from waste
tires that is a nominal 40 square inches in size, and ranges from 4 inches to
10 inches in any dimension.
"Transfer station" means any solid waste storage
or collection facility at which solid waste is transferred from collection
vehicles to haulage vehicles for transportation to a central solid waste
management facility for disposal, incineration or resource recovery.
"Trash" means combustible and noncombustible
discarded materials and is used interchangeably with the term rubbish.
"Treatment" means, for the purpose of this
chapter, any method, technique or process, including but not limited to
incineration, designed to change the physical, chemical or biological character
or composition of any waste to render it more stable, safer for transport, or more
amenable to use, reuse, reclamation or recovery.
"Unadulterated wood" means wood that is not
painted, nor treated with chemicals such as preservatives nor mixed with other
wastes.
"Underground source of drinking water" means an
aquifer or its portion:
A. Which contains water suitable for human consumption; or
B. In which the ground water contains less than 10,000
mg/liter total dissolved solids.
"Unit" means a discrete area of land used for the
management of solid waste.
"Unstable area" means a location that is
susceptible to natural or human-induced events or forces capable of impairing
the integrity of some or all of the landfill structural components responsible
for preventing releases from a landfill. Unstable areas can include poor foundation
conditions, areas susceptible to mass movements, and Karst terranes.
"Uppermost aquifer" means the geologic formation
nearest the natural ground surface that is an aquifer, as well as, lower
aquifers that are hydraulically interconnected with this aquifer within the
facility boundary.
"Used or reused material" means a material which
is either:
A. Employed as an ingredient (including use as an
intermediate) in a process to make a product, excepting those materials
possessing distinct components that are recovered as separate end products; or
B. Employed in a particular function or application as an
effective substitute for a commercial product or natural resources.
"Vector" means a living animal, insect or other
arthropod which transmits an infectious disease from one organism to another.
"Vegetative waste" means decomposable materials
generated by yard and lawn care or land clearing activities and includes, but
is not limited to, leaves, grass trimmings, woody wastes such as shrub and tree
prunings, bark, limbs, roots, and stumps. For more detail see 9VAC20-101.
"Vertical design capacity" means the maximum
design elevation specified in the facility's permit or if none is specified in
the permit, the maximum elevation based on a 3:1 slope from the waste
management unit boundary.
"VPDES ("Virginia Pollutant Discharge Elimination
System")" means the Virginia system for the issuance of permits
pursuant to the Permit Regulation (9VAC25-31), the State Water Control Law, and
§ 402 of the Clean Water Act (33 USC § 1251 et seq.).
"Washout" means carrying away of solid waste by
waters of the base flood.
"Waste derived fuel product" means a solid waste
or combination of solid wastes that have been treated (altered physically,
chemically, or biologically) to produce a fuel product with a minimum heating
value of 5,000 BTU/lb. Solid wastes used to produce a waste derived fuel
product must have a heating value, or act as binders, and may not be added to
the fuel for the purpose of disposal. Waste ingredients may not be listed or
characteristic hazardous wastes. The fuel product must be stable at ambient
temperature, and not degraded by exposure to the elements. This material may
not be "Refuse Derived Fuel (RDF)" as defined in 9VAC5-40-890.
"Waste management unit boundary" means the
vertical surface located at the boundary line of the unit. This vertical
surface extends down into the uppermost aquifer.
"Waste needing special handling (special waste)"
means any solid waste which requires extra or unusual management when
introduced into a solid waste management facility to insure protection of human
health or the environment.
"Waste pile" means any non-containerized
accumulation of nonflowing, solid waste that is used for treatment or storage.
"Waste tire" means a tire that has been discarded
because it is no longer suitable for its original intended purpose because of
wear, damage or defect. (See 9VAC20-150 for other definitions dealing with the
waste tire program.)
"Wastewaters" are, for the purpose of this
chapter, wastes that contain less than 1.0% by weight total organic carbon
(TOC) and less than 1.0% by weight total suspended solids (TSS).
"Water pollution" means such alteration of the
physical, chemical, or biological properties of any state water as will or is
likely to create a nuisance or render such waters:
A. Harmful or detrimental or injurious to the public health,
safety, or welfare, or to the health of animals, fish, or aquatic life or
plants;
B. Unsuitable, with reasonable treatment, for use as present
or possible future sources of public water supply; or
C. Unsuitable for recreational, commercial, industrial,
agricultural, or other reasonable uses, provided that:
1. An alteration of the physical, chemical, or biological
properties of state waters or a discharge or deposit of sewage, industrial
wastes, or other wastes to state waters by any owner which by itself is not
sufficient to cause pollution but which in combination with such alteration or
discharge or deposit to state waters by other persons is sufficient to cause
pollution;
2. The discharge of untreated sewage by any person into
state waters; and
3. The contribution to the degradation of water quality
standards duly established by the State Water Control Board;
are "pollution" for the terms and purposes of
this chapter.
"Water table" means the upper surface of the zone
of saturation in ground waters in which the hydrostatic pressure is equal to
the atmospheric pressure.
"Waters of the United States or waters of the
U.S." means:
A. All waters which are currently used, were used in the
past, or may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
B. All interstate waters, including interstate
"wetlands";
C. All other waters such as intrastate lakes, rivers,
streams (including intermittent streams), mud flats, sand flats,
"wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or
natural ponds the use, degradation, or destruction of which would affect or
could affect interstate or foreign commerce including:
1. Any such waters which are or could be used by interstate
or foreign travelers for recreational or other purposes;
2. Any such waters from which fish or shellfish are or could
be taken and sold in interstate or foreign commerce;
3. Any such waters which are used or could be used for
industrial purposes by industries in interstate commerce;
4. All impoundments of waters otherwise defined as waters
of the United States under this definition;
5. Tributaries of waters identified in subdivisions 1
through 4 of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in subdivisions 1 through 6 of this definition.
"Wetlands" mean those areas that are defined by
the federal regulations under 33 CFR Part 328.
"White goods" means any stoves, washers, hot
water heaters, and other large appliances.
"Working face" means that area within a landfill
which is actively receiving solid waste for compaction and cover.
"Yard waste" means decomposable waste materials
generated by yard and lawn care and includes leaves, grass trimmings, brush,
wood chips, and shrub and tree trimmings. Yard waste shall not include roots or
stumps that exceed six inches in diameter.
Part II
General Information
9VAC20-80-20. [Reserved] (Repealed.)
9VAC20-80-30. Policy.(Repealed.)
It is the policy of the Virginia Waste Management Board to
promote the development of comprehensive waste management programs that include
the following components of a waste management hierarchy:
1. Planning
2. Source Reduction
3. Reuse
4. Reclamation
5. Resource Recovery
6. Incineration
7. Landfilling
9VAC20-80-40. Purpose of chapter. (Repealed.)
A. The purpose of this chapter is to establish standards
and procedures pertaining to the management of solid wastes, and siting,
design, construction, operation, maintenance, closure, and post-closure care of
solid waste management facilities in this Commonwealth in order to protect the
public health, public safety, the environment, and natural resources.
B. This chapter provides the means for identification of
open dumping of solid waste and provides the means for prevention or
elimination of open dumping of solid waste to protect the public health and
safety and enhance the environment.
C. This chapter sets forth the requirements for undertaking
corrective actions at solid waste management facilities.
9VAC20-80-50. Administration of chapter. (Repealed.)
A. The Virginia Waste Management Board promulgates and
enforces regulations that it deems necessary to protect the public health
public safety, the environment, and natural resources.
B. The director is authorized and directed to administer
this chapter in accordance with the Virginia Waste Management Act, §§ 10.1-1400
through 10.1-1457 of the Code.
C. At any time this chapter requires the director to
review, approve, disapprove, modify, or amend any application for a permit or
any other submission by an applicant or permittee, such action by the director
shall be taken in a timely manner.
9VAC20-80-60. Applicability of chapter.(Repealed.)
A. This chapter applies to all persons who manage or dispose
of solid wastes as defined in Part III (9VAC20-80-140 et seq.) of this chapter.
B. All facilities that were permitted prior to March 15,
1993, and upon which solid waste has been disposed of prior to October 9, 1993,
may continue to receive solid waste until they have reached their vertical
design capacity or until the closure date established pursuant to § 10.1-1413.2
of the Code of Virginia, in Table 2.1 provided:
1. The facility is in compliance with the requirements for
liners and leachate control in effect at the time of permit issuance.
2. On or before October 9, 1993, the owner or operator of
the solid waste management facility has submitted to the director:
a. An acknowledgment that the owner or operator is familiar
with state and federal law and regulations pertaining to solid waste management
facilities operating after October 9, 1993, including post-closure care,
corrective action and financial responsibility requirements;
b. A statement signed by a registered professional engineer
that he has reviewed the regulations established by the department for solid
waste management facilities, including the open dump criteria contained
therein, that he has inspected the facility and examined the monitoring data
compiled for the facility in accordance with applicable regulations and that,
on the basis of his inspection and review, he has concluded:
(1) That the facility is not an open dump;
(2) That the facility does not pose a substantial present
or potential hazard to human health and the environment; and
(3) That the leachate or residues from the facility do not
pose a threat of contamination or pollution of the air, surface water or ground
water in a manner constituting an open dump or resulting in a substantial
present or potential hazard to human health or the environment; and
c. A statement signed by the owner or operator:
(1) That the facility complies with applicable financial
assurance regulations; and
(2) Estimating when the facility will reach its vertical
design capacity.
3. Enlargement or closure of these facilities shall conform
with the following subconditions:
a. The facility may not be enlarged prematurely to avoid
compliance with this chapter when such enlargement is not consistent with past
operating practices, the permit or modified operating practices to ensure good
management.
b. The facility shall not dispose of solid waste in any
portion of a disposal area that has received final cover or has not received
waste for a period of one year, in accordance with 9VAC20-80-250 E. The facility
shall notify the department in writing within 30 days when an area has received
final cover or has not received waste for a one-year period, in accordance with
9VAC20-80-250 E. However, a facility may apply for a permit, and if approved,
can construct and operate a new cell that overlays ("piggybacks")
over a closed area in accordance with the permit requirements of 9VAC20-80-250.
c. The facilities subject to the restrictions in
9VAC20-80-60 B are listed in Table 2.1. The closure dates have already been
established in: Final Prioritization and Closure Schedule for HB 1205 Disposal
Areas (DEQ, September 2001). The publication of these tables is for the
convenience of the regulated community and does not change established dates.
Any facility including, but not limited to, those listed in Table 2.1, must
cease operation if that facility meets any of the open dump criteria listed in
9VAC20-80-180.
d. Those facilities assigned a closure date in accordance
with § 10.1-1413.2 of the Code of Virginia shall designate on a map, plat,
diagram or other engineered drawing, areas in which waste will be disposed in
accordance with Table 2.1. This map or plat shall be placed in the operating
record and a copy shall be submitted upon request to the department in order to
track the progress of closure of these facilities. If the facility already has
provided this information under 9VAC20-80-250, then the facility may refer to
that information.
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1Department of Environmental Quality Regional
Offices:
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2This date means the latest date that the
disposal area must cease accepting waste.
3A portion of these facilities operated under HB
1205 and another portion currently is compliant with Subtitle D requirements.
C. Facilities are authorized to expand laterally beyond the
waste boundaries existing on October 9, 1993, as follows:
1. Existing captive industrial landfills.
a. Existing nonhazardous industrial waste facilities that
are located on property owned or controlled by the generator of the waste
disposed of in the facility shall comply with all the provisions of this
chapter except as shown in subdivision 1 of this subsection.
b. Facility owners or operators shall not be required to
amend their facility permit in order to expand a captive industrial landfill
beyond the waste boundaries existing on October 9, 1993. Liners and leachate
collection systems constructed beyond the waste boundaries existing on October
9, 1993 shall be constructed in accordance with the requirements in effect at
the time of permit issuance.
c. Owners or operators of facilities which are authorized
under subdivision 1 of this subsection to accept waste for
disposal beyond the waste boundaries existing on October 9,
1993, shall ensure that such expanded disposal areas maintain setback distances
applicable to such facilities in 9VAC20-80-270 A.
d. Facilities authorized for expansion in accordance with
subdivision 1 of this subsection are limited to expansion to the limits of the
permitted disposal area existing on October 9, 1993, or the facility boundary
existing on October 9, 1993, if no discrete disposal area is defined in the
facility permit.
2. Other existing industrial waste landfills.
a. Existing nonhazardous industrial waste facilities that are
not located on property owned or controlled by the generator of the waste
disposed of in the facility shall comply with all the provisions of this
chapter except as shown in subdivision 2 of this subsection.
b. Facility owners or operators shall not be required to
amend their facility permit in order to expand an industrial landfill beyond
the waste boundaries existing on October 9, 1993. Liners and leachate
collection systems constructed beyond the waste boundaries existing on October
9, 1993, shall be constructed in accordance with the requirements of
9VAC20-80-270 B.
c. Prior to the expansion of any such facility, the owner
or operator submits to the department a written notice of the proposed
expansion at least 60 days prior to commencement of construction. The notice
shall include recent ground water monitoring data sufficient to determine that
the facility does not pose a threat of contamination of ground water in a
manner constituting an open dump or creating a substantial present or potential
hazard to human health or the environment (see 9VAC20-80-180 B 4). The director
shall evaluate the data included with the notification and may advise the owner
or operator of any additional requirements that may be necessary to ensure
compliance with applicable laws and prevent a substantial present or potential
hazard to health or the environment.
d. Owners or operators of facilities which are authorized
under subdivision 2 of this subsection to accept waste for disposal beyond the
waste boundaries existing on October 9, 1993, shall ensure that such expanded
disposal areas maintain setback distances applicable to such facilities in
9VAC20-80-270 A.
e. Facilities authorized for expansion in accordance with
this subsection are limited to expansion to the limits of the permitted
disposal area existing on October 9, 1993, or the facility boundary existing on
October 9, 1993, if no discrete disposal area is defined in the facility
permit.
3. Existing construction/demolition/debris landfills.
a. Existing facilities that accept only
construction/demolition/debris waste shall comply with all the provisions of
this chapter except as shown in subdivision 3 of this subsection.
b. Facility owners or operators shall not be required to
amend their facility permit in order to expand a construction/demolition/debris
landfill beyond the waste boundaries existing on October 9, 1993. Liners and
leachate collection systems constructed beyond the waste boundaries existing on
October 9, 1993, shall be constructed in accordance with the requirements of
9VAC20-80-260 B.
c. Prior to the expansion of any such facility, the owner
or operator submits to the department a written notice of the proposed
expansion at least sixty days prior to commencement of construction. The notice
shall include recent ground water monitoring data sufficient to determine that
the facility does not pose a threat of contamination of ground water in a
manner constituting an open dump or creating a substantial present or potential
hazard to human health or the environment (see 9VAC20-80-180 B 4). The director
shall evaluate the data included with the notification and may advise the owner
or operator of any additional requirements that may be necessary to ensure
compliance with applicable laws and prevent a substantial present or potential
hazard to health or the environment.
d. Owners or operators of facilities which are authorized
under this subdivision 3 to accept waste for disposal beyond the active portion
of the landfill existing on October 9, 1993, shall ensure that such expanded
disposal areas maintain setback distances applicable to such facilities in
9VAC20-80-260 A and B.
e. Facilities, or portions thereof, which have reached
their vertical design capacity shall be closed in compliance with 9VAC20-80-260
E.
f. Facilities authorized for expansion in accordance with
subdivision 2 c of this subsection are limited to expansion to the permitted
disposal area existing on October 9, 1993, or the facility boundary existing on
October 9, 1993, if no discrete disposal area is defined in the facility
permit.
4. Facilities or units undergoing expansion in accordance
with the partial exemptions created by subdivision 1 b, 2 b, or 3 b of this
subsection may not receive hazardous wastes generated by the exempt small quantity
generators as defined by the Virginia Hazardous Waste Management Regulations
(9VAC20-60), wastes containing free liquids for disposal on the expanded
portions of the facility. Other wastes that require special handling in
accordance with the requirements of Part VIII (9VAC20-80-630 et seq.) of this
chapter or which contain hazardous constituents which would pose a risk to
health or environment, may only be accepted with specific approval by the
director.
5. Nothing in subdivisions 1 b, 2 b, and 3 b of this
subsection shall alter any requirement for ground water monitoring, financial
responsibility, operator certification, closure, post-closure care, operation,
maintenance or corrective action imposed under this chapter, or impair the
powers of the director to revoke or amend a permit pursuant to § 10.1-1409 of
the Virginia Waste Management Act or Part VII (9VAC20-80-480 et seq.) of this
chapter.
D. An owner or operator of a previously unpermitted
facility that managed materials previously exempt from this chapter shall
submit a complete application for a solid waste management facility permit or a
permit amendment in accordance with Part VII of this chapter within six months
after these materials have been defined or identified as solid wastes. If the
director finds that the application is complete, the owner or operator may
continue to manage the newly defined or identified waste until a permit or
permit amendment decision has been rendered or until a date two years after the
change in definition whichever occurs sooner, provided however, that in so
doing he shall not operate or maintain an open dump, a hazard, or a nuisance.
The owner or operator of an existing solid waste management
facility shall comply with this regulation beginning September 24, 2003. Where
necessary conflicts exist between the existing facility permit and the new
requirements of the regulations, the regulations shall supersede the permit
except where the standards in the permit are more stringent than the
regulation. Language in an existing permit shall not act as a shield to
compliance with the regulation, unless a variance to the regulations has been
approved by the director in accordance with the provisions of Part IX
(9VAC20-80-730 et seq.) of this chapter. Existing facility permits will not be
required to be updated to eliminate requirements conflicting with the
regulation, except at the request of the director or if a permit is amended for
another reason. However, all sanitary landfills and incinerators that accept
waste from jurisdictions outside of Virginia must submit the materials required
under 9VAC20-80-113 D by March 22, 2004.
E. Conditional exemptions. The following solid waste
management practices are exempt from this chapter provided no open dump,
hazard, or public nuisance is created:
1. Composting of sewage sludge at the sewage treatment plant
of generation without addition of other types of solid wastes.
2. Composting of household waste generated at a
single-family residence at the site of generation.
3. Composting activities performed for educational purposes
as long as no more than five tons of materials are on site at any time. Greater
quantities will be allowed with suitable justification presented to the
department. For quantities greater than five tons approval from the director
will be required prior to composting.
4. Management of wastes regulated by the State Board of
Health, the State Water Control Board, or any other state agency with such
authority.
5. On-site management of soil contaminated with petroleum
products required as part of an ongoing corrective action by the department
under Article 9 (§ 62.1-44.34:8 et seq.) or Article 11 (§ 62.1-44.34:14 et
seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. Management of the
contaminated soils away from the site of generation is subject to this chapter
unless specifically provided for in the approved corrective action plan.
6. Management of solid waste in appropriate containers at
the site of its generation, provided that:
a. Putrescible waste is not stored more than seven days
between time of collection and time of removal for disposal; and
b. All nonputrescible wastes that are on a system of
regularly scheduled collection for disposal with collections occurring at
intervals of less than 90 days.
7. Landfilling of solid waste which includes only rocks,
brick, block, dirt, broken concrete and road pavement and which contains no
paper, yard, or wood wastes.
8. On-site management of solid wastes generated by the
wastewater treatment facilities provided such management is subject to a
regulation promulgated by the State Water Control Board.
9. Placing of stumps and other land clearing debris from
agricultural or forestal activities on site of the clearing where no debris is
accepted from off-site. This does not include the burial of these materials.
10. Placing of solid wastes including large tires from
mining equipment from mineral mining activities on a mineral mining site in
compliance with a permit issued by the Department of Mines, Minerals and Energy
where no such waste is accepted from off-site and does not contain any
municipal solid wastes or other special wastes. Placement of such solid wastes
shall be accomplished in an environmentally sound manner.
11. Storage of less than 100 waste tires at the site of
generation provided that no waste tires are accepted from off-site and that the
storage will not present a hazard or a nuisance.
12. The storage of land clearing debris including stumps and
brush, clean wood wastes, log yard scrapings consisting of a mixture of soil
and wood, cotton gin trash, peanut hulls and similar organic wastes that do not
readily decompose, in piles are exempt from this chapter if they meet the
following conditions at a minimum:
a. The wastes are managed in the following manner:
(1) They do not cause discharges of leachate, or attract
vectors.
(2) They cannot be dispersed by wind and rain.
(3) Combustion and fire are prevented.
(4) They do not become putrescent.
b. Any facility storing waste materials under the
provisions of this section obtains a storm water discharge permit if they are
considered a significant source under the provisions of 9VAC25-31-120 A 1 e.
c. No more than an total of 1/3 acre of waste material is
stored on-site and the waste pile does not exceed 15 feet in height above base
grade.
d. Siting provisions.
(1) All waste materials are stored at the site of the
industrial activity that produces them.
(2) A 50-foot fire break is maintained between the
wastepile and any structure or treeline.
(3) The slope of the ground within the area of the pile and
within 50 feet of the pile does not exceed 4:1.
(4) No waste material may be stored closer than 50 feet to
any regularly flowing surface water body or river, floodplain, or wetland.
(5) No stored waste materials shall extend closer than 50
feet to any property line.
e. If the industrial activities at the site cease, any
waste stored at the site must be properly disposed in a permitted solid waste
management facility within 90 days. The director can approve longer time frames
with appropriate justification. Justification must be provided in writing no
more than 30 days after ceasing industrial activity at the site.
f. Waste piles that do not meet these provisions are
required to obtain a permit in accordance with the provisions in 9VAC20-80-480
and meet all of the requirements in 9VAC20-80-400. Facilities that do not
comply with the provisions of this subdivision and fail to obtain a permit are
subject to the provisions of 9VAC20-80-90 for unpermitted facilities.
F. This chapter is not applicable to units or facilities
closed in accordance with regulations or permits in effect prior to December
21, 1988, unless releases, as defined in Part I (9VAC20-80-10 et seq.) of this
chapter, from such closed facilities cause the site to be classified as an open
dump, a hazard or a nuisance under § 10.1-1402(21) of the Code of Virginia, or
a site where improper waste management has occurred under § 10.1-1402(19) of
the Code of Virginia.
9VAC20-80-70. Prohibitions. (Repealed.)
A. Management of lead acid batteries.
1. No person shall place a used lead acid battery in mixed municipal
solid waste or discard or otherwise dispose of a lead acid battery except by
delivery to a battery retailer or wholesaler, or to a secondary lead smelter,
or to a collection or reclamation facility authorized under the laws of this
Commonwealth or by the United States Environmental Protection Agency.
2. No battery retailer shall dispose of a used lead acid
battery except by delivery to:
a. The agent of a battery wholesaler or a secondary lead
smelter,
b. A battery manufacturer for delivery to a secondary
smelter, or
c. A collection or reclamation facility authorized under
the laws of this Commonwealth or by the United States Environmental Protection
Agency.
3. No person selling new lead acid batteries at wholesale
shall refuse to accept from customers at the point of transfer, used lead acid
batteries of the type and in a quantity at least equal to the number of new
batteries purchased, if offered by customers.
4. The requirements for proper management of lead acid
batteries are shown in Part VIII of this chapter.
5. The provisions of 9VAC20-80-70 A shall not be construed
to prohibit any person who does not sell new lead acid batteries from
collecting and reclaiming such batteries.
B. Reserved.
9VAC20-80-80. Open dumps. (Repealed.)
A. Prohibition.
1. No person shall own, operate, or allow to be operated on
his property any sanitary landfill or other facility for the disposal,
treatment or storage of solid waste in a manner that constitutes open dumping
as provided for in Part IV (9VAC20-80-170 et seq.) of this chapter.
2. No person shall dispose of solid waste in open dumps as
defined in Part IV of this chapter.
B. Any person who violates subsection A of this section
shall immediately cease accepting additional wastes and shall initiate such
removal, cleanup, closure in place, or alternative remedial actions as are
required by Part IV of this chapter to alleviate the conditions that cause the
facility to be classified as an open dump or to take other appropriate measures
to abate improper management of waste.
9VAC20-80-90. Unpermitted facilities. (Repealed.)
A. Prohibitions and duties.
1. No person shall operate any sanitary landfill or other
facility for the disposal, treatment or storage of solid waste without a permit
from the director.
2. No person shall allow waste to be disposed of or
otherwise managed on his property without a permit from the director.
3. It shall be the duty of all persons to dispose of or
otherwise manage their solid waste in a legal manner.
B. Any person who violates 9VAC20-80-90 A shall immediately
cease treatment, storage, or disposal of any additional wastes and shall
initiate such removal, cleanup, closure in place, or alternative remedial
actions as are required by Part IV of this chapter.
9VAC20-80-100. Enforcement and appeal. (Repealed.)
A. All administrative enforcement and appeals taken from
actions of the director relative to the provisions of this chapter shall be
governed by the Virginia Administrative Process Act.
B. The Virginia Waste Management Board or the director may
enforce the provisions of this chapter utilizing all applicable procedures
under the law. The powers of the board and the director include, but are not
limited to, those established under Chapter 11.1 (§ 10.1-1182 et seq.
(especially in § 10.1-1186)) and in Article 8 (§ 10.1-1455 et seq.) of Chapter
14 of Title 10.1 of the Code of Virginia. These sections describe the right of
entry for inspections, the issuance of orders, penalties, injunctions, and
other provisions and procedures for enforcement of these regulations.
9VAC20-80-105. Ten-year permit review. (Repealed.)
The director shall review and issue written findings on the
environmental compliance history of each permittee, material changes, if any,
in key personnel, and technical limitations, standards, or regulations on which
the original permit was based. The time period for review of each permit shall
be once every 10 years. If, upon such review, the director finds that repeated
material or substantial violations of the permittee or material changes in the
permittee's key personnel would make continued operation of the facility not in
the best interests of human health or the environment, the director shall amend
or revoke the permit, in accordance with provisions of Part VII (9VAC20-80-480
et seq.) of this chapter. Whenever such review is undertaken, the director may
amend the permit to include additional limitations, standards, or conditions
when the technical limitations, standards, or regulations on which the original
permit was based have been changed by statute or amended by regulation or when
any of the conditions in § 10.1-1409 B of the Virginia Waste Management Act
exist. The director may deny, revoke, or suspend any permit for any of the
grounds listed under § 10.1-1409 A of the Code of Virginia.
1. For facilities in existence prior to July 1, 1991, the first review will be completed by July 1, 2001.
2. For facilities permitted on or after July 1, 1991, the first review must be completed within 10 years of the
anniversary date of permit issuance.
3. For facilities that have previously undergone review,
each subsequent review will be at least once every 10 years.
9VAC20-80-110. Public participation. (Repealed.)
A. All permits for solid waste management facilities will
be subject to public participation, as specified in Part VII (9VAC20-80-480 et
seq.) of this chapter.
B. Amendments or modifications to solid waste management
facility permits shall be subject to public participation in accordance with
Part VII of this chapter.
C. Dockets of all permitting actions, enforcement actions,
and administrative actions relative to this chapter shall be available to the
public for review, consistent with the Commonwealth of Virginia
Administrative Process Act, Virginia Freedom of Information Act, and
the provisions of this chapter.
D. All reports and related materials received from the
regulated entity, as required by this chapter, shall be open to the public for
review in accordance with the Virginia Freedom of Information Act (§ 2.2-3700
et seq. of the Code of Virginia) and Uniform Trade Secrets Act (§ 59.1-336 et seq.
of the Code of Virginia).
E. Public participation in the compliance evaluation and
enforcement programs is encouraged. The department will:
1. Investigate all citizen complaints and provide written
responses to all signed, written complaints from citizens, concerning matters
within the board's purview;
2. Not oppose intervention by any citizen in a suit brought
before a court by the department as a result of the enforcement action; and
3. Publish a notice in major daily or weekly newspaper of
general circulation in the area and on the department's Internet web site; and
provide at least 30 days of public comment on proposed settlements of civil
enforcement actions except where the settlement requires some immediate action.
Where a public comment period is not held prior to the settlement of an
enforcement action, public notice will still be provided following the
settlement.
9VAC20-80-113. Control program for unauthorized waste. (Repealed.)
A. All facilities are required to implement a control
program for unauthorized waste in accordance with the provisions of this section
by November 19, 2001. A written description of the program
required by this section will be placed in the operating record. In the case of
sanitary landfills the written description will also incorporate the
unauthorized waste inspection program required under 9VAC20-80-250 C 1.
Additional provisions for sanitary landfills and incinerators required in
subsection D of this section under Amendment 3 of this regulation are required
to be placed in the facility's operating record by March 22, 2004. The facility owner or operator shall institute a control program
(including measures such as signs at all maintained access points indicating
hours of operation and the types of solid waste accepted and not accepted,
monitoring, alternate collection programs, passage of local laws, etc.) to
assure that only solid waste authorized by the department to be treated,
disposed of or transferred at the facility is being treated, disposed of or
transferred at that facility. The facility owner or operator must develop and implement
a program to teach the facility's staff to recognize, remove and report receipt
of solid waste not authorized by the department to be treated, disposed of or
transferred at the facility.
B. If solid waste not authorized by the department to be
treated, disposed of or transferred at the facility is observed in the solid
waste at the facility or delivered to the facility, the facility owner or
operator may refuse to accept the waste. If the owner or operator has accepted
the waste, the owner or operator shall remove it, segregate it, and provide to
the department a record identifying that waste and its final disposition.
Records of each incident shall be available for department review. Any
unauthorized waste accepted by the facility owner or operator shall be managed
in accordance with applicable federal or state laws and regulations.
C. Solid waste not authorized by the department to be
treated, disposed of or transferred at the facility that is segregated shall be
adequately secured and contained to prevent leakage or contamination of the
environment. The facility owner or operator shall cause it to be removed as
soon as practicable, but not to exceed 90 days after discovery, by a person
authorized to transport such waste to a facility approved to receive it for
treatment, disposal or transfer.
D. Facilities receiving waste generated outside of Virginia.
Each sanitary landfill or incinerator receiving waste generated outside Virginia
shall include provisions in the facility's unauthorized waste control program
for notifying customers outside of Virginia of Virginia's requirements and for
preventing the acceptance of prohibited wastes. Each sanitary landfill or
incinerator receiving waste generated in jurisdictions having laws and
regulations that allow treatment or disposal of wastes in municipal solid waste
facilities that Virginia's laws and regulations prohibit or restrict from
management in sanitary landfills or incinerators shall submit to the department
information on the regulation of waste for each of these jurisdictions in
accordance with this subsection and shall comply with the increased random
inspection provisions in 9VAC20-80-250 C 1 b or 9VAC20-80-370 C 3 as
applicable. This information shall be submitted to the department by March 22, 2004.
1. Facilities receiving waste from outside of Virginia
must notify the department and submit information indicating how each
jurisdiction regulates the following wastes:
a. Regulated medical waste. Provide information indicating
the treatment requirements for waste regulated under the OSHA bloodborne
pathogen standard. Indicate which types of potentially infectious wastes are
banned from municipal solid waste facilities and how blood, body fluids and
other potentially contaminated items generated at hospitals and doctor's
offices must be treated prior to disposal at a municipal solid waste landfill
or incinerator.
b. Conditionally exempt small quantity generator waste
(CESQG). Provide information indicating the disposal requirements for waste
regulated as CESQG waste. Indicate if CESQG wastes can be discarded by a
generator in the municipal solid waste stream in the generating jurisdiction or
can be accepted at a municipal solid waste management facility.
c. PCB waste. Provide information indicating the disposal
requirements for PCB bulk product waste, PCB remediation waste, PCB
contaminated electrical equipment and other PCB wastes.
If the department has reviewed the regulatory structure and
made a determination related to the subject generating jurisdiction pursuant to
the provisions of subdivision 2 of this subsection, then this information need
not be submitted with the notification.
2. On or before July 1 of each year, the department will
review the regulatory requirements for the generating jurisdictions identified
in the Solid Waste Information and Assessment Program and publish a listing of
those jurisdictions whose laws and regulations allow for the treatment or
disposal of waste in municipal solid waste facilities that Virginia's laws and regulations
prohibit or restrict from management sanitary landfills or incinerators with
reference to the wastes listed in subdivision 1 of this subsection.
9VAC20-80-115. Solid Waste Information and Assessment
Program. (Repealed.)
A. The owners or operators of all permitted solid waste
management facilities that treat, store, or dispose of solid waste shall report
by March 31 of each year the amount of solid waste, by weight or volume,
received and managed by the facility during the preceding calendar year. The
report shall identify solid waste by the following categories: (i) municipal
solid waste; (ii) construction and demolition debris; (iii) industrial waste;
(iv) regulated medical waste; (v) vegetative and yard waste; (vi) incinerator
ash; (vii) sludge other than sludge that is land applied in accordance with §
32.1-164.5 of the Code of Virginia; (viii) tires; (ix) white goods; (x) friable
asbestos; (xi) petroleum contaminated soil; and (xii) other special waste. For
each such category the report shall include an estimate of the amount that was
generated outside of the Commonwealth and the state or local jurisdictions
where such waste originated. The report shall also estimate the amount of solid
waste managed or disposed of by each of the following methods: (a) recycling;
(b) composting; (c) landfilling; (d) incineration (e) sending off-site for
further management; and (f) stored on site on December 31 of the reporting
year. Information on the available capacity and expected life of the
facilities, at the disposal rates submitted in this subsection, shall be
included in the annual report required by this section.
B. At the option of the facility owner, the data collected
may include an accounting of the facility's economic benefits to the locality
where the facility is located including the value of disposal and recycling
facilities provided to the locality at no cost or reduced cost, direct
employment associated with the facility, and other economic benefits resulting
from the facility during the preceding calendar year.
C. No facility shall be required pursuant to this section
to provide information that is a trade secret as defined in § 59.1-336 of the
Code of Virginia.
D. The reporting form to be used to fulfill the reporting
requirement of this part is Form DEQ 50-25 (Solid Waste Information and
Assessment ProgramReporting Table), which is also available in the Regulations
for the Development of Solid Waste Management Plans (9VAC20-130).
E. This section shall not apply to captive waste management
facilities including captive industrial landfills.
9VAC20-80-120. Relationship with other regulations
promulgated by the Virginia Waste Management Board. (Repealed.)
A. Virginia Hazardous Waste Management Regulations
(9VAC20-60).
1. Solid wastes that have been declared hazardous by the
generator in accordance with 40 CFR 262.11 or that are regulated as hazardous
wastes by the Commonwealth or another state, and will be treated, stored, or
disposed in Virginia shall be managed in accordance with the
requirements of 9VAC20-60 and not this chapter.
2. Wastes generated by generators who are conditionally
exempt pursuant to 40 CFR 261.5 may be managed in solid waste management
facilities provided that:
a. (1) A specific approval is obtained from the director
for acceptance of the material at a facility with an approved liner and
leachate collection system; or
(2) It is included in the facility permit; and
b. Records are kept of the actual amount, type and source
of these wastes.
NOTE: "Generators who are conditionally exempt
pursuant to 40 CFR 261.5 in a calendar month are persons who generate less than
100 kilograms of hazardous waste in that month. For more detail see Virginia
Hazardous Waste Management Regulations.
B. Regulated Medical Waste Management Regulations
(9VAC20-120). Solid wastes which are defined as regulated medical wastes by the
Regulated Medical Waste Management Regulations shall be managed in accordance
with those regulations. Regulated medical wastes which are excluded or exempt
by 9VAC20-120 shall be regulated by this chapter.
C. Vegetative Waste Management and Yard Waste Composting
Regulations (9VAC20-101). Solid wastes which are defined as vegetative or yard
waste may be managed in accordance with the Vegetative Waste Management and
Yard Waste Composting Regulations.
D. Regulation Governing Management of Coal Combustion
By-Products (9VAC20-85). Coal combustion by-products that are used, reused or
reclaimed by applying them or placing them on land in a manner other than
addressed in 9VAC20-80-150 or 9VAC20-80-160, may be managed in accordance with
Regulation Governing Management of Coal Combustion By-Products.
E. Financial Assurance Regulations of Solid Waste Disposal,
Transfer, and Treatment Facilities (9VAC20-70). This chapter specifies the
requirements for financial assurance and allowable financial assurance
mechanisms.
F. Solid Waste Management Facility Permit Application Fees
(9VAC20-90). All applicants for solid waste management facility permits are
required to pay a fee in accordance with the schedule shown in this chapter.
G. Regulations for the Development of Solid Waste
Management Plans (9VAC20-130). This chapter provides procedures and standards
for establishing the boundaries of planning regions, provides a schedule of
objectives for development of plans and planning goals, establishes required
contents of plans and provides reporting requirements for the Solid Waste
Information Assessment Program.
Part III
Identification of Solid Wastes
9VAC20-80-130. Purpose and scope. (Repealed.)
Wastes identified in Part III are solid wastes which are
subject to this chapter.
9VAC20-80-140. Definition of solid waste. (Repealed.)
A. A solid waste is any discarded material.
B. Materials are solid wastes if they are used, reused, or
reclaimed, or accumulated, stored or treated before such use, reuse, or
reclamation, when they are:
1. Regulated as hazardous wastes under the Virginia
Hazardous Waste Management Regulations (9VAC20-60);
2. Used in a manner constituting disposal by being:
a. Applied to or placed on the land; or
b. Used to produce products that are applied to or placed
on the land or are otherwise contained in products that are applied to or
placed on the land. In the latter case, the product so containing remains a
solid waste; or
3. Burned to recover energy, used to produce fuel, or are
contained in fuels. In this case, the fuel so containing remains a solid waste;
4. Reclaimed; or
5. Accumulated speculatively (see "speculatively
accumulated material" in 9VAC20-80-10).
C. The materials listed in Table 3-1-1, Appendix 3.1, of the Virginia Hazardous Waste Management Regulations (9VAC20-60)
under Waste Numbers F020, F021, F022, F023, F026, F028 as inherently waste-like
are solid wastes.
D. Respondents in actions to enforce these regulations who
raise a claim that a certain material is not a solid waste, or is conditionally
exempt from regulation, shall demonstrate that there is a known market or
disposition for the material, and that they meet the terms of the exclusion or
exemption. In doing so, they shall provide appropriate documentation (such as
contracts showing that a second person uses the material as an ingredient in a
production process) to demonstrate that the material is not a waste, or is
exempt from regulation. In addition, owners or operators of facilities claiming
that they actually are recycling materials shall show that they have the
necessary equipment to do so.
9VAC20-80-150. Exclusions. (Repealed.)
The materials described in this section are not solid
wastes for the purposes of this chapter.
A. Waste waters that are:
1. Domestic sewage;
2. Any mixture of domestic sewage and other wastes that pass
through a sewer system to a treatment plant when the State Water Control Board
determines that regulations based upon the State Water Control Law, Chapter 3.1
(§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia, have been met; or
3. Industrial waste water discharges subject to regulation
under the State Water Control Law.
B. Irrigation flow returns.
C. Source, special nuclear or nuclear by-product materials
as defined by the Atomic Energy Act of 1954, 42 USC § 2011 et seq.
D. Materials subjected to in-situ mining techniques which
are not removed from the ground as part of the extraction process.
E. Materials that are:
1. a. Used or reused, or prepared for use or reuse, as an
ingredient in an industrial process to make a product, or as effective
substitutes for commercial products or natural resources provided the materials
are not being reclaimed or accumulated speculatively; or
b. Returned to the original process from which they are
generated;
2. Beneficially used as determined by the department.
a. The following materials and uses listed in this part are
exempt from this chapter as long as they are managed so they do not create an
open dump, hazard, or public nuisance. These materials and the designated use
are considered a beneficial use of waste materials:
(1) Unadulterated wood, wood chips, or bark from land
clearing, logging operations, utility line clearing and maintenance operations,
pulp and paper production, and wood products manufacturing, when these
materials are placed in commerce for service as mulch, landscaping, animal
bedding, erosion control, habitat mitigation, wetlands restoration, or bulking
agent at a compost facility operated in compliance with 9VAC20-80-330;
(2) Unadulterated wood combustion residues when used as a
soil amendment or fertilizer, provided the application rate of the wood ash is
limited to the nutrient need of the crop grown on the land on which the wood combustion
residues will be applied and provided that such application meets the
requirements of the Virginia Department of Agriculture and Consumer Services
(2VAC5-400 and 2VAC5-410);
(3) Compost that satisfies the applicable requirements of
the Virginia Department of Agriculture and Consumer Services (2VAC5-400 and
2VAC5-410);
(4) Nonhazardous, contaminated soil which has been
excavated as part of a construction project and which is used as backfill for
the same excavation or excavations containing similar contaminants at the same
site, at concentrations at the same level or higher. Excess materials from
these projects are subject to the requirements of this chapter;
(5) Nonhazardous petroleum contaminated soil which has been
treated to the satisfaction of the department in accordance with 9VAC20-80-700;
(6) Nonhazardous petroleum contaminated soil when
incorporated into asphalt pavement products;
(7) Solid wastes which are approved in advance of the
placement, in writing, by the department or which are specifically mentioned in
the facility permit for use as daily cover material or other protective
materials for landfill liner or final cover system components;
(8) Fossil fuel combustion products when used as a material
in the manufacturing of another product (e.g., concrete, concrete products,
lightweight aggregate, roofing materials, plastics, paint, flowable fill) or as
a substitute for a product or material resource (e.g., blasting grit, roofing
granules, filter cloth precoat for sludge dewatering, pipe bedding);
(9) Waste tire chips when used as a subbase fill for road
base materials or asphalt pavements when approved by the Virginia Department of
Transportation or by a local governing body;
(10) Waste tires used in the production of commercial products
such as mats, pavement sealers, playground surfaces, brake pads, blasting mats,
and other rubberized commercial products;
(11) Waste tire chips when used as backfill in landfill gas
or leachate collection pipes, recirculation lines, and drainage material in
landfill liner and cover systems, and gas interception or remediation
applications;
(12) Waste tires, tire chips or tire shred when burned for
energy recovery or pyrolyzed to produce fuel;
(13) "Waste derived fuel product," as defined in
9VAC20-80-10, derived from nonhazardous solid waste; and
(14) Recognizable, uncontaminated concrete and concrete
products, asphalt pavement, brick, glass, soil and rock placed in commerce for
service as a substitute for conventional aggregate.
b. In addition to items specified in subdivision 2 a of
this subsection, the department may consider other waste materials and uses to
be beneficial. The generator or proposed user of such materials may request
that the department make a case-specific determination that the solid waste may
be beneficially used in a manufacturing process to make a product or as an
effective substitute for a commercial product. In all such cases, the materials
will be managed so they do not create an open dump, hazard, or public nuisance.
(1) The requestor shall provide the following information:
(a) A description of the solid waste under review and its
proposed use;
(b) Chemical and physical characteristics of the solid
waste under review and of each type of proposed product;
(c) A demonstration that there is a known or reasonably
probable market for the intended use of the solid waste under review and of all
proposed products by providing one or more of the following:
(i) A description of how the proposed product will be used;
(ii) A demonstration that the proposed product complies
with industry standards and specifications for that product if any; or
(iii) Other documentation that a market for the proposed
product or use exists; and
(d) A demonstration that the management of the solid waste
under review will not adversely affect human health and safety, the
environment, and natural resources by providing:
(i) A solid waste control plan that describes the
following:
(A) The source of the solid waste under review;
(B) Procedures for periodic testing of the solid waste
under review and the proposed product to ensure that the proposed product's
composition has not changed significantly;
(C) The disposition of any solid waste which may result
from the manufacture of the product into which the solid waste under review is
intended to be incorporated;
(D) A description of the type of storage (e.g., container,
tank or pile) and the maximum anticipated inventory of the solid waste under
review (not to exceed 90 days) before being used;
(E) Procedures for run-on and run-off control of the
storage areas for the solid waste under review; and
(F) A program and implementation schedule of best
management practices designed to minimize uncontrolled dispersion of the solid
waste under review before and during all aspects of its storage as inventory
and/or during beneficial use; and
(ii) A contingency plan that contains the following
information:
(A) A description of arrangements between the applicant and
local police departments, fire departments, hospitals, and emergency response
teams to coordinate emergency services and familiarize them with the layout of
the facility, properties of the solid waste handled and associated hazards, as
appropriate;
(B) A list of names, addresses and telephone numbers of all
individuals qualified to act as an emergency coordinator for the facility;
(C) A list of all relevant emergency equipment and the
location of each item; and
(D) An evacuation plan for facility personnel.
(2) Upon receipt of complete information required under
subdivision 2 b (1) of this subsection, the department will determine in
writing within 90 days, on a case-by-case basis, whether the proposal
constitutes a beneficial use based on a showing that all of the following
criteria have been met:
(a) The proposed use of the material constitutes a reuse
rather than disposal;
(b) For a material which is proposed for incorporation into
a manufacturing process, the material is not required to be decontaminated or
otherwise specially handled or processed before such incorporation, in order to
minimize loss of material or to provide adequate protection, as needed, of
public health, safety or welfare, the environment or natural resources; and
(c) Other criteria as the department shall determine in its
discretion to be appropriate. Conversely, the department may determine that
owing to the nature of the use, reuse, or reclamation process, some of the
informational materials required under subdivision 2 b (1) of this subsection
may not be required to make the determination.
(3) The department will either approve the request,
disapprove it, or allow the proposed use of the solid waste under review
subject to such conditions as the department may impose. When granting a
beneficial use determination, the department shall determine, on a case-by-case
basis, the precise point at which the solid waste under review ceases to be
solid waste. Unless otherwise determined for the particular solid waste under
review, that point occurs when it is used in a manufacturing process to make a
product or used as an effective substitute for a commercial product or a fuel.
As part of its request, the generator or the proposed user may request that
such point occur elsewhere. In such a request, the proponent shall include a
demonstration that there is little potential for improper disposal of the
material or little potential for the handling, transportation, or storage of
the solid waste under review to have an adverse impact upon the public health,
safety or welfare, the environment or natural resources.
(4) The department may revoke any determination made if it
finds that one or more of the items of information submitted serving as the
basis for the department's determination was incorrect or is no longer valid, the
department finds that there has been a violation of any condition that the
department attached to such determination, or that the use, reuse or
reclamation process has become a public nuisance.
c. Beneficial use determinations granted by the department
before May 23, 2001, shall remain in effect, subject to all conditions
contained therein, unless specifically addressed by subsequent department
action.
F. Materials generated by any of the following, which are
returned to the soil as fertilizers:
1. The growing and harvesting of agricultural crops.
2. The raising and husbanding of animals, including animal
manures and used animal bedding;
G. Mining overburden returned to the mine site.
H. Scrap metal stored or being reclaimed for use, reuse or
further reclamation.
I. Used, reused, or reclaimed commercial chemical products
if they are applied to the land in their ordinary manner of use or if they are
fuels.
J. Products produced for the general public's use that are
used in the manner that constitutes disposal if they are applied to the land in
their ordinary manner of use and that contain used, reused or reclaimed
materials.
K. Wood wastes burned for energy recovery.
9VAC20-80-160. Conditional exemptions. (Repealed.)
A. The following solid wastes are exempt from this chapter
provided that they are managed in accordance with the requirements promulgated
by other applicable state agencies:
1. Drilling fluids, produced waters, and other wastes
associated with the exploration, development or production of crude oil,
natural gas or geothermal energy;
2. Solid waste from the extraction, beneficiation and processing
of ores and minerals, including coal;
3. Fossil fuel combustion products used for mine
reclamation, mine subsidence, or mine refuse disposal on a mine site permitted
by the Virginia Department of Mines, Minerals and Energy when used in accordance
with the standards developed by the Department of Environmental Quality;
4. Waste or by-product derived from an industrial process
that meets the definition of fertilizer, soil amendment, soil conditioner or
horticultural growing medium as defined in § 3.1-106.2 of the Code of Virginia,
or whose intended purpose is to neutralize soil acidity (see § 3.1-126.2:1 of
the Code of Virginia), and that is regulated under the authority of the
Virginia Department of Agriculture and Consumer Services;
5. Fossil fuel combustion products bottom ash or boiler slag
used as a traction control material or road surface material if the use is
consistent with Virginia Department of Transportation practices;
6. Waste tires generated by and stored at salvage yards
licensed by the Department of Motor Vehicles provided that they do not pose a
hazard or a nuisance; and
7. Chipped waste tires used as the drainage material in
construction of septage drainfields regulated under the authority of the
Virginia Department of Health.
B. Fossil fuel combustion products are exempt from this
chapter provided they are used in one or more of the following applications or
when handled, processed, transported, or stockpiled for such use:
1. Used as a base, sub-base or fill material under a paved
road, the footprint of a structure, a paved parking lot, sidewalk, walkway or
similar structure, or in the embankment of a road. In the case of roadway
embankments, materials will be placed in accordance with VDOT specifications,
and exposed slopes not directly under the surface of the pavement must have a
minimum of 18" of soil cover over the fossil fuel combustion products, the
top six inches of which must be capable of sustaining the growth of indigenous
plant species or plant species adapted to the area;
2. Processed with a cementitious binder to produce a
stabilized structural fill product which is spread and compacted with proper
equipment for the construction of a project with a specified end use;
3. Used for the extraction or recovery of materials and
compounds contained within the fossil fuel combustion products.
NOTE 1: Residuals from the processing operations remain
solid wastes.
NOTE 2: The use of fossil fuel combustion products outlined
in this regulation has been evaluated only with regard to the protection of
human health and the environment. A qualified professional engineer should
evaluate any structural application of fossil fuel combustion products.
C. The following solid wastes are exempt from this chapter
provided that they are reclaimed or temporarily stored incidentally to
reclamation, are not accumulated speculatively, and are managed without
creating an open dump, hazard or a public nuisance:
1. Paper and paper products;
2. Unadulterated wood waste which is to undergo size reduction
in order to produce mulch;
3. Cloth;
4. Glass;
5. Plastics;
6. Waste tire chips; and
7. Mixtures of above materials only. Such mixtures may
include scrap metals excluded from regulation in accordance with the provisions
of 9VAC20-80-150 H.
Part IV
Management of Open Dumps and Unpermitted Facilities
9VAC20-80-170. Purpose and scope. (Repealed.)
A. This part sets forth the criteria and standards that
will be used to:
1. Determine whether a site on which solid waste has been
placed, discharged, deposited, injected, dumped, or spilled creates a
substantial present or potential hazard to human health or the environment
including the pollution of air, land, surface water or ground water; and
2. Prescribe the requirements for cleanup and corrective
action for remediation of releases, as defined in Part I (9VAC20-80-10 et seq.)
of this chapter, that may occur as the result of improper management of solid
wastes.
B. The requirements in this part apply to all sites and
practices used in management of solid waste with the following exceptions:
1. The requirements do not apply to sites that solely manage
wastes that are excluded under 9VAC20-80-150.
2. The requirements do not apply to the land application of
domestic sewage, septage, or waste treatment sludges from publicly owned waste
treatment works regulated by the State Water Control Board and the Department
of Health.
3. The criteria requirements do not apply to hazardous waste
management facilities regulated under Virginia Hazardous Waste Management
Regulations (9VAC20-60).
C. The requirements of this part do not apply to the
persons actively enrolled in the Voluntary Remediation Program (9VAC20-160).
9VAC20-80-180. Open dump criteria. (Repealed.)
A. Municipal solid waste landfill units failing to satisfy
the federal Solid Waste Disposal Facility Criteria contained in 40 CFR Part 258
constitute open dumps, which are prohibited under § 4005 of the federal
Resource Conservation and Recovery Act. For the purposes of this part, the
municipal solid waste landfill unit (MSWLF) means a discrete area of land or an
excavation that receives or has received after October 9, 1991, household
waste, and that is not a land application unit, surface impoundment, injection
well, or waste pile, as those terms are defined in Part I (9VAC20-80-10 et
seq.) of this chapter. A MSWLF unit also may receive other types of
nonhazardous solid wastes, such as commercial solid waste, nonhazardous sludge,
nonhazardous industrial solid waste, and hazardous waste from conditionally
exempt small quantity generators as provided for in 9VAC20-60-261 B 5.
B. Any site, other than a municipal solid waste landfill as
defined in subsection A of this section, that meets any of the following
criteria shall be classified as an open dump:
1. Floodplains. Sites or practices in floodplains that
restrict the flow of the base flood, reduce the temporary water storage
capacity of the floodplain, or result in washout of solid waste, so as to pose
a potential hazard to human life and wildlife or to cause a potential for
contamination of land or water resources.
2. Endangered species.
a. Sites or practices that cause or contribute to the
taking of any endangered or threatened species of plants, fish or wildlife.
b. The site or practice that results in the destruction or
adverse modification of the critical habitat of endangered or threatened
species as identified in 50 CFR Part 17.
c. As used in this section:
(1) "Endangered or threatened species" means any
species listed as such pursuant to section 4 of the Endangered Species Act.
(2) "Destruction or adverse modification" means a
direct or indirect alteration of critical habitat which appreciably diminishes
the likelihood of the survival and recovery of threatened or endangered species
using that habitat.
(3) "Taking" means harassing, harming, pursuing,
hunting, wounding, killing, trapping, capturing, or collecting or attempting to
engage in such conduct.
3. Surface water.
a. A site that causes a discharge of pollutants into state
waters that is in violation of the requirements of the Virginia Pollutant
Discharge Elimination System.
b. A site that causes a discharge of dredged material or
fill material to state waters or to the waters of the United States that is in
violation of the requirements under § 404 of the Clean Water Act as amended.
c. A site or practice that causes non-point source
pollution of state waters that violates applicable legal requirements
implementing a basin wide water quality management plan that has been developed
and approved under § 303 e of the Clean Water Act.
d. A site or practice that violates Virginia Pollution
Abatement Permit issued by the State Water Control Board.
4. Ground water.
a. A site or practice that contaminates an underground
drinking water source beyond the solid waste boundary or beyond an alternative
boundary specified.
b. For the purposes of this part, a party in violation with
these provisions may demonstrate that compliance should be determined at an
alternative boundary instead of the solid waste boundary. The director may
establish an alternative boundary if he finds that such a change would not
result in contamination of ground water which may be needed or used for human
consumption. This finding shall be based on analysis and consideration of all
the following relevant factors:
(1) The hydrological characteristics of the site and
surrounding land, including any natural attenuation and dilution
characteristics of the aquifer;
(2) The volume and physical and chemical composition of the
leachate;
(3) The quantity, quality, and direction of flow of ground
water underlying the site;
(4) The proximity and withdrawal rates of ground water
users;
(5) The availability of alternative drinking water
supplies;
(6) The existing quality of ground water, including other
sources of contamination and their cumulative impacts on the ground water;
(7) Public health, safety, and welfare effects;
(8) Other factors as allowed by the director.
c. As used in this section, "contaminate" means
to introduce a substance that would cause:
(1) The concentration of that substance in the ground water
to exceed the maximum contaminant level as specified by the federal Safe
Drinking Water Act (42 USC 300f et seq.), as amended; or
(2) An increase in the concentration of that substance in
the ground water where the existing concentration of that substance exceeds the
maximum contaminant level.
5. Application to land. Land application of solid wastes
such as sewage sludge in violation of Virginia Sewerage Regulations or other
regulations of the State Water Control Board.
6. Disease.
a. Vectors. A site where operation or practices exist that
cause or contribute to the on-site population of disease vectors such that a
potential threat to public health or environment is created.
b. Septage. Disposal of septage removed from residential
septic tanks in sites not regulated by the Virginia Department of Health or the
State Water Control Board.
7. Open burning.
a. The site or practice that engages in open burning of
residential, commercial, institutional or industrial solid waste.
b. The following practices are conditionally exempt from
this requirement:
(1) Infrequent burning of land clearing debris provided
that the requirements of Article 40 (9VAC5-40-5600 et seq.) of Part II of 9VAC5
Chapter 40 have been met and any permits by applicable local authorities have
been obtained;
(2) Burning of debris from emergency clean-up operations
provided that emergency permits have been obtained from the department;
(3) Infrequent burning of agricultural wastes in the field
or silvicultural wastes for forest management purposes as specified in
9VAC5-40-5631;
(4) Burning rubber tires, asphaltic materials, crankcase
oil, impregnated wood or other rubber- or petroleum-based wastes when
conducting bona fide fire fighting instruction at fire fighting training schools
having permanent facilities;
(5) Burning for training and instruction of government and
public fire fighters under supervision of the designated official and
industrial in-house fire fighting personnel with clearance from the local fire
fighting authority, provided the designated official in charge notifies and
obtains approval of the regional director of the department prior to conducting
the training exercise;
(6) Burning of leaves and tree, yard and garden trimmings
on the site of generation, provided that in urban areas no scheduled public or
private collection service for such trimmings is available at the adjacent
street or public road (see also 9VAC5-40-5630);
(7) Burning for the destruction of classified military
documents;
(8) Burning or other thermal treatment of ordnance,
explosives, or other unstable materials provided appropriate permits have been
obtained from the department pursuant to 9VAC20-60 or Part VII (9VAC20-80-480
et seq.) of this chapter; and
(9) Burning or other treatment of hazardous waste allowed
under the Virginia Hazardous Waste Management Regulations.
(10) Burning household refuse by homeowners or tenants
provided that no regularly scheduled public or private collection service for
such refuse is available at the adjacent street or public road.
Note: State Air Pollution Control Board's Emission Standards
for Open Burning (Rule 4-40) provide for certain exemptions from open burning
prohibitions. As indicated in 9VAC5-40-5620 E and F, exemptions under air regulation
do not relieve an individual from complying with other applicable laws and
ordinances, including the Solid Waste Management Regulations.
8. Safety.
a. Explosive gases. The concentration of explosive gases
generated by the site or practice exceeds:
(1) 25% of the lower explosive limit for the gases in
structures (excluding gas control or recovery system components) or, in the
absence of structures located on the site, in the nearest occupied structure in
the vicinity of the site; and
(2) The lower explosive limit for the gases at the facility
boundary.
b. Fires. A site or practice that poses a hazard to the
safety of persons and property from fires.
c. Hazards to aircraft. A site or practice of disposing of
putrescible waste that attracts birds and occurs within 10,000 feet of any
airport runway used by turbojet aircraft or within 5,000 feet of any airport
runway used by only piston-type aircraft and poses a bird hazard to aircraft.
d. Access. A site or practice that does not control public
access or operates so as to expose the public to potential health and safety
hazards at the site.
9VAC20-80-190. Open dumps. (Repealed.)
A. Except as provided for in 9VAC20-80-170 B and
9VAC20-80-180 A, sites or practices which violate criteria specified in
9VAC20-80-180, whether currently active or inactive, shall be classified as
open dumps. Practices which violate the criteria shall be classified as
open-dumping.
NOTE: Both permitted and unpermitted sites or facilities
may be classified as open dumps.
B. The owner or operator of an active open dump shall
immediately cease treatment, storage or disposal of any additional waste.
C. The owner or operator or both or other responsible party
shall initiate removal, cleanup, or alternate remedial action in accordance
with 9VAC20-80-210.
9VAC20-80-200. Unpermitted solid waste management facilities.
(Repealed.)
A. Any solid waste management facility receiving or having
received waste without a permit, in violation of statutory requirements or
these or predecessor state regulations, shall be classified as an unpermitted
facility. An unpermitted facility may be an open dump if it meets the criteria
of 9VAC20-80-180. In such a case, the site will be managed in accordance with
the requirements of 9VAC20-80-190.
B. The owner, operator, or any other party responsible for
an unpermitted facility shall immediately cease treatment, storage or disposal
of any additional waste and shall initiate removal and cleanup as provided for
in 9VAC20-80-210 A, or closure in place as provided for in 9VAC20-80-210 B, or
an alternative remedial action in accordance with the requirements of
9VAC20-80-210 C, or a combination of the three.
9VAC20-80-205. Initial site evaluation. (Repealed.)
A. An initial site evaluation will be conducted by the
department in order to determine if further action is required under this part.
The initial site evaluation will include any information that can be obtained
from the owner, operator, or other responsible party as well as all documented
observations by department personnel regarding the following:
1. The location of the site;
2. The amount, type and source of the waste at the site;
3. The permit status for the activities taking place at the
site; and
4. A preliminary evaluation of the site with respect to the
criteria outlined in 9VAC20-80-180.
B. Based on the information gathered under the provisions
of subsection A of this section, the department will make a preliminary
recommendation for remedial action as follows:
1. Remedial action is required under the provisions of
9VAC20-80-210;
2. Remedial action is not required and no further action is
necessary at the site; or
3. The wastes can simply be removed from the site and
disposed of at a permitted facility without having to meet the requirements of
9VAC20-80-210. The department may require submission of evidence of proper management
of the removed waste and may require evidence, including confirmatory sampling,
of the removal of solid waste and any hazardous constituents. A site inspection
will be performed by the department to confirm the removal of waste materials.
C. The action conducted under this section may be performed
pursuant to an administrative or judicial order or other appropriate mechanism
as determined by the department.
9VAC20-80-210. Remedial action. (Repealed.)
Pursuant to the recommendation made under the provisions of
9VAC20-80-205 B or C, remedial action shall be conducted pursuant to one or more,
or a combination of, the provisions of this section.
A. Removal, cleanup, and proper management. In accordance
with the requirements set forth in this section, the owner, operator, or other
responsible party shall remove the solid waste and any hazardous constituents
and manage them in accordance with any other applicable requirements. The
director may require submission of evidence of proper management of the removed
waste, and may require evidence of removal of solid waste and any hazardous
constituents in accordance with a sampling and analysis plan approved by the
department.
1. The following factors at a minimum shall be considered in
determining the appropriateness of a removal pursuant to this section:
a. Actual or potential exposure to nearby human
populations, animals, or the food chain from solid waste or hazardous
constituents of solid waste;
b. Actual or potential contamination of drinking water
supplies or sensitive ecosystems;
c. Solid waste or hazardous constituents of solid waste in
drums, barrels, tanks, or other bulk storage containers, that may pose a threat
of release;
d. Hazardous constituents of solid waste in soils largely
at or near the surface, that may migrate;
e. Threat of fire or explosion;
f. Other situations or factors which may pose threats to
public health or welfare or the environment; and
g. Costs of removal compared to the costs of closure in
place or the costs of alternate remedial action.
2. In order to fully evaluate the appropriateness of and
alternatives for a removal action, the department may require the owner or
operator to provide any or all of the required information.
a. Environmental samples shall be collected, in accordance
with a sampling and analysis plan that shall provide a process for obtaining
quality data. Sampling and analysis plans shall be reviewed and approved by the
department. The sampling and analysis plans shall consist of two parts:
(1) The field sampling plan, which describes the number,
type, and location of samples and the type of analyses; and
(2) The quality assurance project plan, which describes
policy, organization, and functional activities and the data quality objectives
and measures necessary to achieve adequate data for use in planning and
documenting the removal action.
b. An engineering evaluation and a cost analysis report of
removal alternatives for the site including a recommended removal action. This
report will identify the primary removal alternatives, the cost of each alternative
and a brief evaluation of the relative merits of each alternative pursuant to
the criteria set forth at 9VAC20-80-210 C 5 b.
3. Upon receipt and review of any information required
pursuant to subdivision 2 of this subsection, the department will review and
approve, disapprove or require modifications to the plan, report and/or
recommended removal action. Upon approval of a removal action by the
department, the owner, operator, or other responsible party shall implement the
approved removal action and manage the wastes in accordance with any other
applicable requirements. The department may require submission of evidence of
proper management of the removed waste and may require evidence, including
confirmatory sampling, of the removal of solid waste and any hazardous
constituents.
4. If the removal will not fully address the threat posed by
the release, closure under Part V (9VAC20-80-240 et seq.) of this chapter, or
an alternate remedial action will be considered. A work plan will be provided
that outlines the transition from removal to closure in place or alternate
remedial action.
5. Removal shall meet applicable or relevant and appropriate
requirements under federal or state environmental laws considering the
exigencies of the situation.
B. Closure in place. If the owner, operator, or other party
responsible for an open dump or unpermitted facility demonstrates that the
facility will not pose a threat to human health or the environment when closed
in place, the facility may be closed with the waste left in place under an
administrative or judicial order, in accordance with the provisions of Part V.
While pursuing a closure under the provisions of Part V, an owner, operator, or
other responsible party shall undertake any removal or other interim measures
(subdivision C 8 of this section) necessary to abate any immediate threat to
human health or the environment.
1. The demonstration shall contain, as a minimum, the
following information:
a. Type of waste.
(1) The amount, type, source, and generating process of all
of the waste managed at the unpermitted facility.
(2) Information required under Part VIII (9VAC20-80-630 et
seq.) of this chapter for any waste that would require a letter of
clarification from the director.
(3) A statement that the waste contains no hazardous waste
under the Virginia Hazardous Waste Management Regulations.
(4) The director may require the submission of verified
statements from owner, operator, other responsible party, generators, or other
sources of the waste to support the above information.
b. Siting. The owner, operator, or other party responsible
for the unpermitted facility shall submit documentation from a registered
professional engineer that closure of the facility in place will comply with
the applicable siting requirements of Part V of this chapter, as follows:
(1) Airport safety;
(2) Floodplains;
(3) Unstable areas;
(4) Wetlands;
(5) Fault areas;
(6) Seismic impact zones;
(7) Setbacks from surface waters or rivers, facility
boundaries, wells, springs or other ground water sources of drinking water,
public road right-of-ways, residences, schools, hospitals, nursing homes, or
recreational park areas;
(8) Ability to conduct ground water monitoring; and
(9) Engineering controls to address site specific characteristics
that might prevent approval or require limitations on the site.
c. Certification by the registered professional engineer or
qualified ground water scientist that in his professional judgment the facility
can be closed with the waste left in place without posing a threat to human
health or the environment. If the director makes a determination under this
subsection, he will enter into an order to that effect.
2. Any such order issued pursuant to this subsection will
require the owner, operator, or other responsible party:
a. To submit a closure and a post-closure plan for the
approval of the director in accordance with Part V of these regulations;
b. To perform the closure and post-closure care in
accordance with the approved plan;
c. To perform any corrective action required under Part V
of this chapter should the results of the ground water monitoring performed
during the post-closure care period warrant such an action;
d. To maintain financial assurance whenever required by the
Financial Assurance Regulations for Solid Waste Disposal, Transfer, and
Treatment Facilities (9VAC20-70); and
e. To perform any other actions deemed necessary to protect
human health and the environment.
C. Alternate remedial action. Unless the procedures under subsection
A or B of this section have been implemented, the owner, operator, or other
responsible party for an open dump or unpermitted facility will submit a letter
of intent to pursue an alternate remedial action and an evaluation in
accordance with the provisions of subdivision 1 of this subsection. If waste or
hazardous constituents are proposed to be left in place, a demonstration in
accordance with subdivision B 1 of this section shall be submitted. In order to
pursue an alternate remedial action, the owner, operator, or other responsible
party will also demonstrate to the director that the facility will not pose a
threat to human health or the environment upon completion of an alternate
remedial action in compliance with this part. While pursuing an alternate
remedial action, an owner, operator, or other responsible party shall undertake
any removal or other interim measures (subdivision 8 of this subsection)
necessary to abate any immediate threat to human health or the environment.
1. Site evaluation. The owner, operator or other responsible
party will perform a site evaluation to determine the scope of releases or
potential releases.
a. The site evaluation may include collection or review of
data such as site management practices, information from waste generators,
photographs, analysis of historical photographs, literature searches, and
personal interviews conducted, as appropriate. A site inspection may be
performed if more information is needed. Such inspection may include a
perimeter (i.e., off-site) or on-site inspection, taking into consideration
whether such inspection can be performed safely.
b. The evaluation may include, but is not limited to:
(1) Identification of the source and nature of the release
or threat of release;
(2) Evaluation by other sources, for example, state public
health agencies, of the threat to human health;
(3) Evaluation of the magnitude of the threat to human
health and the environment;
(4) Evaluation of factors necessary to make the
determination of whether a removal is necessary;
(5) Evaluation of the demonstration required under
subdivision B 1 of this section;
(6) Identification of the owners and operators and a
determination of whether the owner or operator, another governmental agency or
a third party is undertaking proper response; and
(7) Identification of interim measures necessary to
stabilize the site.
2. The director will evaluate the demonstration and the site
evaluation based on the information submitted and determine:
a. If additional information is required; or
b. That no action is required; or
c. That the facility may close under the provisions of
subsection A or B of this section only; or
d. That an alternate remedial action will be considered,
and the owner or operator may proceed with the remedial investigation and the
corrective measures survey in accordance with subdivisions 3 and 4 of this
subsection.
e. If a combination of Remedial Action under this section
may be pursued; or
f. If an owner, operator, or other responsible party is not
making timely progress toward alternate closure, the director may require
closure under the provisions of this subsection or subsection A of this
section.
3. Remedial investigations.
a. Remedial investigations. If it is found that solid waste
(including hazardous constituents) have been, are likely to have been, or based
on site-specific circumstances, are likely to be released into the environment
from a solid waste management unit at the site, the owner, operator, or other
responsible party will investigate and characterize solid waste management
units and releases from solid waste management units at the site.
b. Scope of remedial investigations.
(1) Investigations required under this subdivision shall
characterize the nature, extent, direction, rate, movement and concentration of
releases, as required by the director. In addition, such investigations may
include, but are not limited to, the following:
(a) Characterizations of the environmental setting at the
facility, including:
(i) Hydrogeological conditions;
(ii) Climatological conditions;
(iii) Soil characteristics;
(iv) Surface water and sediment quality and other
characteristics; or
(v) Air quality and meteorological conditions.
(b) Characterization of solid waste management units from which
releases have been or may be occurring, including unit and waste
characteristics.
(c) Descriptions of humans and environmental systems which
are, may have been, or, based on site-specific circumstances, may be exposed to
release.
(d) Information that will assist in assessing risks to
human health and the environment from releases from solid waste management
units. Such information shall be accompanied by:
(i) Proposed action levels as defined in 9VAC20-80-220 for
relevant hazardous constituents; and
(ii) Proposed points of applicability for the action
levels.
(e) Extrapolations of future movement, degradation and fate
of contaminants.
(f) Laboratory, bench-scale or pilot-scale tests or studies
to determine the feasibility or effectiveness of treatment technologies or
other technologies that may be appropriate in implementing remedies at the
facility.
(g) Statistical analyses to aid in the interpretation of
data required under this subdivision, in accordance with statistical methods
contained in 9VAC20-80-300 D or otherwise approved by the director.
(2) Samples of ground water, surface water, soils, or air
which are collected as part of remedial investigations required under this
subdivision shall be analyzed for those constituents and parameters determined
to be necessary by the director to accurately and adequately characterize the
presence of hazardous waste (including hazardous constituents) in the samples.
c. Plans for remedial investigations. Such plans may
include, but are not limited to, the following:
(a) Overall approach, including objectives, schedules, and
qualifications of personnel conducting investigations.
(b) Technical and analytical approach and methods of
investigations.
(c) Quality assurance procedures, including:
(i) Data collection strategy;
(ii) Sampling, chain of custody procedures; and
(iii) Methods of sample analysis.
(d) Data management procedures, including formats for
documenting analytical results and tracking sample custody, and other results
of investigations.
d. Reports of remedial investigations.
(1) The director may require periodic reports to be
submitted by the owner or operator during remedial investigations required
under this subdivision, and may, based on information from the investigations,
or other information, require new or modified investigations.
(2) Upon conclusion of the remedial investigations, the
owner or operator shall submit to the department a final report, including an
executive summary, describing the procedures, methods, and results of the
remedial investigations; and
(3) If, upon receipt of the final report and summary, the
final report and summary do not provide a full and accurate summary and
description of the remedial investigations, the director may require the owner
or operator to submit a revised report.
(4) All data, such as laboratory reports, drilling logs,
QA/QC documentation and other supporting information generated from the
investigations required under this subdivision shall be maintained at the site
(or other location approved by the director) for the period of three years
after completion of corrective action.
4. Corrective measure study.
a. Requirements to perform corrective measure study.
(1) If concentrations of hazardous constituents in ground
water in an aquifer, surface water, soils, or air exceed an action level (as
defined under 9VAC20-80-220), and there is reason to believe that such
hazardous constituents have been released from a solid waste management unit at
the site, the owner or operator will perform a corrective measure study,
according to the requirements of this subdivision, except as provided otherwise
under subdivision 4 a (3) of this subsection.
(2) If a constituent present in a concentration below an
action level (as defined under 9VAC20-80-220) may pose a threat to human health
or the environment, given site-specific exposure conditions, and there is
reason to believe that the constituent has been released from a solid waste
management unit at the site, a corrective measure study may be required
according to the requirements of subdivision 4 of this subsection.
(3) If an action level has been exceeded (as provided under
subdivision 4 a (1) of this subsection), but the release may nevertheless not
pose a threat to human health and the environment, the owner or operator may
apply for a determination of no further action.
b. Scope of corrective measure studies.
(1) Corrective measure studies required under subdivision 4
a of this subsection a may include, but are not limited to, the following:
(a) Evaluation of performance, reliability, ease of
implementation, and potential impacts of the remedy, including safety impacts,
cross media impacts, and control of exposure to any residual contamination.
(b) Assessment of the effectiveness of potential remedies
in achieving adequate control of sources and cleanup of the solid waste
(including hazardous constituents) released from solid waste management units.
(c) Assessment of the time required to begin and complete
the remedy.
(d) Estimation of the costs of remedy implementation.
(e) Assessment of institutional requirements, such as state
or local permit requirements, or other environmental or public health
requirements which may substantially affect implementation of the remedy.
(2) The owner, operator, or other responsible party must
evaluate as part of the corrective measure study one or more specific potential
remedies. These remedies may include a specific technology or combination of
technologies that achieves or may achieve the standards for remedies specified
in subdivision 4 a of this subsection given appropriate consideration of the
factors specified in subdivision 5 b of this subsection.
c. Plans for corrective measure studies.
(1) The owner, operator, or other responsible party will
develop and submit a plan for conducting a corrective measure study required
under subdivision 4 a of this subsection. The plan shall be subject to review
and approval or modification by the director. Such plans may include, but are
not limited to, the following:
(a) Description of the general approach to investigating
and evaluating potential remedies;
(b) Definition of the overall objectives of the study;
(c) Description of the specific remedy which will be
studied;
(d) Plans for evaluating remedies to ensure compliance with
the standards for remedies specified in subdivision 5 a of this subsection;
(e) Schedules for conducting the study; and
(f) Proposed format for information presentation.
(2) Upon approval or modification of the corrective measure
study plan, the owner or operator shall conduct the studies and investigations
in accordance with the plan.
d. Reports of corrective measure studies.
(1) The director may require periodic reports during the
conduct of the corrective measure study, and may, based on the information from
these reports or other information, require the owner or operator to modify the
corrective measure study. Such modifications will, if necessary, be specified
by modifying the schedule for remedy required in subdivision C 6 of this
subsection.
(2) Upon completion of the corrective measure study, the
owner or operator shall submit a report summarizing the results of the study.
This report shall include a detailed description of the remedies assessed
pursuant to subdivision 4 b or d (1) of this subsection. The report shall
describe how any proposed remedy meets the standards for remedies specified in
subdivision 5 a of this subsection.
(3) Upon review of the corrective measure study report, the
director may require the owner or operator to evaluate further, and report
upon, one or more additional remedies, or develop particular elements of one or
more proposed remedies.
5. Selection of remedy. Based on the results of the
corrective measure study, and any further evaluations conducted under
subdivision 4 d (3) of this subsection, the director shall, except as otherwise
provided under subdivision 5 f of this subsection, approve a remedy that, at a
minimum, meets the standards listed in subdivision 5 a of this subsection.
a. Standards for remedies. Remedies must:
(1) Be protective of human health and the environment;
(2) Attain media cleanup standards pursuant to subdivision
5 d of this subsection;
(3) Control the source of releases so as to reduce or
eliminate, to the extent practicable, further releases of solid wastes
(including hazardous constituents) that may pose a threat to human health and
the environment; and
(4) Comply with standards for management of wastes as
specified in subdivision 9 of this subsection.
b. Remedy selection factors. In selecting a remedy which
meets the standards of subdivision 5 a of this subsection, the director will
consider the following evaluation factors as appropriate:
(1) Long-term reliability and effectiveness. Any potential
remedy may be assessed for the long-term reliability and effectiveness it
affords, along with the degree of certainty that the remedy will prove
successful. Factors that shall be considered in this evaluation include:
(a) Magnitude of residual risks in terms of amounts and
concentrations of waste remaining following implementation of a remedy,
considering the persistence, toxicity, mobility and propensity to bioaccumulate
of such solid wastes (including hazardous constituents);
(b) The type and degree of long-term management required,
including monitoring and operation and maintenance;
(c) Potential for exposure of humans and environmental
receptors to remaining wastes;
(d) Long-term reliability of the engineering and
institutional controls, including uncertainties associated with land disposal
of untreated wastes and residuals; and
(e) Potential need for replacement of the remedy.
(2) Reduction of toxicity, mobility or volume. A potential
remedy may be assessed as to the degree to which it employs treatment that
reduces toxicity, mobility or volume of solid wastes (including hazardous
constituents). Factors that shall be considered in such assessments include:
(a) The treatment processes the remedy employs and
materials it would treat;
(b) The amount of solid wastes (including hazardous
constituents) that would be destroyed or treated;
(c) The degree to which the treatment is irreversible;
(d) The residuals that will remain following treatment,
considering the persistence, toxicity, mobility, and propensity to
bioaccumulate of such solid wastes (including hazardous constituents).
(3) The short-term effectiveness of a potential remedy may
be assessed considering the following:
(a) Magnitude of reduction of existing risks;
(b) Short-term risks that might be posed to the community,
workers, or the environment during implementation of such a remedy, including
potential threats to human health and the environment associated with
excavation, transportation, and redisposal or containment;
(c) Time until full protection is achieved.
(4) Implementability. The ease or difficulty of
implementing a potential remedy may be assessed by considering the following
types of factors:
(a) Degree of difficulty associated with constructing the
technology;
(b) Expected operational reliability of the technologies;
(c) Need to coordinate with and obtain necessary approvals
and permits from other agencies;
(d) Availability of necessary equipment and specialists;
(e) Available capacity and location of needed treatment,
storage and disposal services.
(5) Cost. The types of costs that may be assessed include
the following:
(a) Capital costs;
(b) Operation and maintenance costs;
(c) Net present value of capital and operation and
maintenance costs;
(d) Potential future remedial action costs.
c. Schedule for remedy. The director will specify as part
of the selected remedy a schedule for initiating and completing remedial
activities. The director will consider the following factors in determining the
schedule of remedial activities:
(1) Extent and nature of contamination;
(2) Practical capabilities of remedial technologies in
achieving compliance with media cleanup standards, and other objectives of the
remedy;
(3) Availability of treatment or disposal capacity for
wastes managed during implementation of the remedy;
(4) Desirability of utilizing technologies which are not
currently available, but which may offer significant advantages over already
available technologies in terms of effectiveness, reliability, safety, or
ability to achieve remedial objectives;
(5) Potential risks to human health and the environment
from exposure to contamination prior to completion of the remedy;
(6) Other relevant factors.
d. Media cleanup standards. The director will specify in
the selected remedy requirements for remediation of contaminated media in
accordance with the provisions of subdivision 4 a of this subsection.
e. Reserved.
f. Stabilizing remedies.
(1) If the criteria of subdivision 5 f (2) of this
subsection are met, the director may select a stabilizing remedy that protects
human health and the environment under plausible exposure conditions during the
term of the order required in subdivision 6 of this subsection.
(2) A stabilizing remedy must:
(a) Protect human health and the environment; and
(b) Achieve all media cleanup standards or levels as
specified pursuant to 9VAC20-80-230 beyond the site boundary as soon as
practicable; and
(c) Prevent further significant environmental degradation
by implementing, as soon as practicable:
(i) Treatment or other necessary engineering controls to
control any source of releases; and
(ii) Engineered measures as necessary to prevent further
significant migration of releases within the site boundary.
(d) Institute effective institutional or other controls to
prevent any significant exposure to hazardous wastes at the site; and
(e) Continue the monitoring of releases so as to determine
whether further significant environmental degradation occurs; and
(f) Comply with standards for management of wastes as
specified in subdivision 9 of this subsection.
(3) If at any time during the term of the order required
under subdivision 6 of this subsection, any condition of subdivision 5 f (2) of
this subsection is violated, the director will modify the order to:
(a) Require the owner or operator to perform additional
studies and actions, or implement additional controls to achieve compliance
with the requirements of subdivision 5 f (2) of this subsection; or
(b) Require additional studies, actions, or controls as
necessary to implement a remedy which meets the standards of subdivision 5 a of
this subsection.
(4) The order required under subdivision 6 of this
subsection shall not be terminated until a remedy which meets the standards of
subdivision 5 a of this subsection has been implemented and certified complete
according to subdivision 6 e of this subsection.
6. Remedy. The remedy selected shall be implemented under an
administrative or judicial order and will include the plans and other documents
specified in this subsection. Periodic progress reports are required that allow
the director to review the progress of the remedy and determine when the remedy
has been satisfactorily completed.
a. Requirements of the order.
(1) The order shall include, at a minimum, the following:
(a) Description of the technical features that are
necessary for achieving the standards for remedies specified in subdivisions 5
a or f, or both, of this subsection.
(b) All media cleanup standards established pursuant to
9VAC20-80-230 A.
(c) Requirements for achieving compliance with media
cleanup standards, pursuant to 9VAC20-80-230 B.
(d) Requirements for complying with the standards for
management of wastes, pursuant to subdivision 9 of this subsection.
(e) Requirements for removal, decontamination, closure, or
post-closure of units, equipment, devices or structures that will be used to
implement the remedy.
(f) A schedule for initiating and completing the major
technical features and milestones of the remedy (compliance schedule).
(g) Requirements for submission or reports and other
information.
(2) A remedy specified in an order may be separated into
phases. A remedy phase may consist of any set of actions performed over time,
or any actions that are concurrent but located at different areas, provided
that the actions are consistent with the final remedy.
b. Remedy design.
(1) The order may require the owner, operator or other responsible
party to prepare detailed construction plans and specifications to implement
the approved remedy at the site, unless such plans and specifications have
already been provided. Such plans shall be subject to review and approval or
modification by the director. Upon approval by the director, the plan shall be
incorporated expressly or by reference into the order. The plans and
specifications shall include, but are not limited to, the following:
(a) Designs and specifications for units in which solid
wastes will be managed, as specified in the approved remedy.
(b) Implementation and long-term maintenance plans.
(c) Project schedule.
(d) Construction quality assurance program.
(2) Upon approval of the plans and specifications for the
remedy, the owner or operator shall implement the remedy in accordance with the
plans and specifications;
c. Progress reports.
(1) The owner or operator may be required by the director
to provide progress reports during the design, construction, operation, and
maintenance of the remedy. Frequency of the progress reports will be specified
in the order. Such reports may include, but are not limited to:
(a) Summaries of progress of remedy implementation,
including results of monitoring and sampling activities, progress in meeting
media cleanup standards, and description of other remediation activities.
(b) Problems encountered during the reporting period, and
actions taken to resolve the problems.
(c) Changes in personnel conducting or managing the
remedial effort.
(d) Project work for next reporting period.
(e) Copies of laboratory reports with accompanying QA/QC
data and field sampling reports.
(2) All data, such as laboratory reports, drilling logs,
QA/QC documentation and other supporting information generated from the
remedial activities shall be maintained at the site (or other location approved
by the director) for a period of three years after the termination of the
order.
d. Review of remedy implementation. Periodic review will be
conducted to determine the progress of the remedy. Based on such review, the
order may be modified to require additional remedial measures to ensure prompt
completion, safety, effectiveness, protectiveness, or reliability of the
remedy.
e. Completion of remedies.
(1) Remedies specified pursuant to subdivision 6 a of this
subsection shall be considered complete when the director determines that:
(a) Compliance with all media cleanup standards (or
alternate levels) as specified in the order have been achieved, according to
the requirements of 9VAC20-80-230 B;
(b) All actions required to control the source of
contamination have been satisfied; and
(c) Procedures specified for removal, decontamination,
closure, or post-closure care of units, equipment, devices, or structures
required to implement the remedy have been complied with.
(2) Upon completion of the remedy, the owner or operator
shall submit a certification that the remedy has been completed in accordance
with the requirements of subdivision 6 e (1) of this subsection, and that all
other terms and conditions specified in the order pursuant to this subsection
have been satisfied. The certification shall be signed by the owner or operator
and by a registered professional engineer.
(3) When, upon receipt of the certification and any other
relevant information, the director determines that the corrective measure
remedy has been completed in accordance with the terms and conditions of the
order and the requirements for remedy completion under subdivision 6 e (1) of
this subsection, the director will terminate the order.
(4) If a remedy includes one or more identified phases, the
director may require separate certification that the remedy phase has been
completed as specified in the order, to be signed by the owner or operator and
a certified or licensed professional skilled in the appropriate technical
discipline.
7. Determination of technical impracticability.
a. The director may determine, based on information
developed by the owner or operator or other information, that compliance with a
requirement for the remedy is not technically practicable. In making such
determinations, the director will consider:
(1) The owner or operator's efforts to achieve compliance
with the requirements; and
(2) Whether other currently available or new and innovative
methods or technologies could practicably achieve compliance with the
requirements.
b. If the director determines that compliance with a remedy
requirement is not technically practicable, the director will modify the order
to specify as necessary and appropriate:
(1) Further measures that may be required of the owner or
operator to control exposure of humans or the environment to residual
contamination, as necessary to protect human health and the environment; and
(2) Alternate levels or measures for cleaning up
contaminated media, controlling the sources of contamination, or for removal or
decontamination of equipment, units, devices, or structures required to
implement the remedy which:
(a) Are technically practicable; and
(b) Are consistent with the overall objectives of the
remedy.
8. Interim measures.
a. If at any time the director determines, based on
consideration of the factors specified in subdivision 8 b of this subsection,
that a release or, based on site-specific circumstances, a threatened release
from a solid waste management unit at the site poses a threat to human health
or the environment, the owner, operator, or other responsible party may propose
interim measures required to abate, stabilize, mitigate, or eliminate the
releases or threat of releases.
b. The following factors may be considered by the director
in determining whether an interim measure is required:
(1) Time required to develop and implement a final remedy;
(2) Actual or potential exposure of nearby populations or
environmental receptors to solid wastes (including hazardous constituents);
(3) Actual or potential contamination of drinking water
supplies or sensitive ecosystems;
(4) Further degradation of the medium which may occur if
remedial action is not initiated expeditiously;
(5) Presence of uncovered solid wastes (including hazardous
constituents) or such wastes in drums, barrels, tanks, or other bulk storage
containers, that may pose a threat of release;
(6) Presence of high levels of solid wastes (including
hazardous constituents) in soils largely at or near the surface, that might
migrate;
(7) Weather conditions that may cause solid wastes
(including hazardous constituents) to migrate or be released;
(8) Risks of fire or explosion, or potential for exposure
to solid wastes (including hazardous constituents) as a result of an accident
or failure of a container or handling system;
(9) Other situations that may pose threats to human health
and the environment.
c. If the director determines that an interim measure is
necessary pursuant to subdivision 8 a of this subsection, the director will
notify the owner or operator of the necessary actions required. Such actions
shall be implemented as soon as practicable, in accordance with a schedule as
specified by the director.
d. Interim measures should, to the extent practicable, be
consistent with the objectives of, and contribute to the performance of any
remedy which may be required pursuant to subdivision 5 of this subsection.
9. Management of wastes.
a. General.
(1) All solid wastes which are managed pursuant to a remedy
required under subdivision 5 of this subsection, or an interim measure required
under subdivision 8 of this subsection, shall be managed in a manner:
(a) That is protective of human health and the environment;
and
(b) That complies with applicable federal, state and local
requirements.
(2) The order will specify the requirements for units in
which wastes will be managed, and other waste management activities, as
determined by the director to be necessary for protection of human health and
the environment.
b. Management of hazardous wastes. Any treatment, storage
or disposal of listed or characteristic hazardous waste necessary to implement
a remedy or an interim measure shall be in accordance with the applicable
requirements of Virginia Hazardous Waste Management Regulations (9VAC20-60).
c. Management of nonhazardous solid wastes.
(1) Except as provided in subdivision 9 c (3) of this
subsection, treatment, storage and disposal of solid wastes pursuant to a
remedy or interim measure required under this subsection shall be in accordance
with applicable technical standards for solid waste management as specified in
Parts II (9VAC20-80-40 et seq.), V (9VAC20-80-240 et seq.), VI (9VAC20-80-320
et seq.), and VIII (9VAC20-80-630 et seq.) of this chapter.
(2) For any unit in which solid wastes will be managed
pursuant to a remedy or interim measure, design and operating standards for the
unit may be specified, as necessary to protect human health and the
environment. In determining appropriate design and operating requirements for
such units, the director will consider the factors specified under subdivision
9 c (3) (d) of this subsection.
(3) (a) For remediation waste management units (RWMU) in
which solid wastes will be stored or treated, the director may determine that a
design, operating, or closure standard applicable to such units solely by
regulation may be replaced by alternative requirements which are protective of
human health and the environment.
(b) Any RWMU to which alternative requirements are applied
according to subdivision 9 c (3) of this subsection, shall be:
(i) Operated for a period not exceeding 180 calendar days, unless
the period is extended under subdivision 9 c (3) (c) of this subsection;
(ii) Located at the site; and
(iii) Used only for treatment or storage of solid wastes
(including hazardous constituents) that have originated within the boundary of
the site.
(c) The director may grant an extension to the 180-day
period from subdivision 9 c (3) (b) (i) of this subsection if solid wastes
shall remain in the unit due to unforeseen, temporary, and uncontrollable
circumstances.
(d) In establishing standards to be applied to the RWMU,
the director will consider the following factors:
(i) The length of time such units will be in operation.
(ii) Type of unit, and volume of wastes to be managed.
(iii) Potential for releases from the units.
(iv) Physical and chemical characteristics of the wastes to
be managed in the units.
(v) Hydrogeological and other relevant environmental
conditions at the site which may influence the migration of any potential
releases.
(vi) Potential for exposure of humans and environmental
receptors if releases were to occur from the units.
(e) The order will specify the length of time that the RWMU
will be allowed to operate, and specific design, operating, and closure
requirements for the units.
9VAC20-80-220. Action levels. (Repealed.)
Action levels are defined as follows:
A. Action levels for constituents in ground water in an
aquifer which the director has reason to believe may have been released from a
solid waste management unit at the site shall be concentration levels specified
as:
1. Maximum contaminant levels (MCLs) promulgated under §
141.2 of the Safe Drinking Water Act (40 CFR Part 141 Subpart B); or
2. For constituents for which MCLs have not been
promulgated, a concentration which satisfies the following criteria, assuming
exposure through consumption of the water contaminated with the constituent:
a. Is derived in a manner consistent with most recent
federal guidelines for assessing the health risks of environmental pollutants;
and
b. Is based on scientifically valid studies conducted in
accordance with the Toxic Substances Control Act (TSCA) Good Laboratory
Practice Standards (40 CFR Part 792), or equivalent; and
c. For carcinogens, represents a concentration associated
with an excess upper bound lifetime cancer risk of 1X10-6 due to
continuous constant lifetime exposure, and considers the overall weight of
evidence for carcinogenicity; and
d. For systemic toxicants, represents a concentration to
which the human population (including sensitive subgroups) could be exposed on
a daily basis that is likely to be without appreciable risk of deleterious
effects during a lifetime.
B. Action levels for constituents in air which the director
has reason to believe may have been released from a solid waste management unit
at the site shall be defined as concentrations which meet the criteria
specified in subdivision A 2, assuming exposure through inhalation of the air
contaminated with the constituent, as measured or estimated at the boundary of
the site, or another location closer to the unit if necessary to protect human
health and the environment.
C. Action levels for constituents in surface water which
the director has reason to believe may have been released from a solid waste
management unit at the site shall be specified as:
1. Water Quality Standards established pursuant to § 303(c)
of the Clean Water Act (40 CFR Part 131) by the State Water Control Board,
where such standards are expressed as numeric values; or
2. Numeric interpretations of narrative water quality
standards, if appropriate, where water quality standards expressed as numeric
values have not been established; or
3. MCLs promulgated under the Safe Drinking Water Act for
constituents in surface waters designated by the State Water Control Board for
drinking water supply, where numeric values or numeric interpretations,
described in subdivisions 1 and 2 of this subsection, are not available; or
4. For constituents in surface waters designated by the
State Water Control Board for drinking water supply for which numeric values,
numeric interpretations, or MCLs (as described in subdivisions 1 through 3 of
this subsection) are not available, a concentration which meets the criteria
specified in subdivision A 2 of this section, assuming exposure through
consumption of water contaminated with the constituent; or
5. For constituents in surface waters designated for use or
uses other than drinking water supply and for which numeric values or numeric
interpretations (as described in subdivisions 1 and 2 of this subsection) have
not been established, a concentration established by the director which meets
the criteria specified in subdivision A 2 of this section, considering the use
or uses of the receiving waters.
D. Action levels for constituents in soils that the
director has reason to believe may have been released from a solid waste
management unit at the site shall be defined as concentrations which meet the
criteria specified in subdivision A 2 of this section, assuming exposure
through consumption of the soil contaminated with the constituent.
E. If, for a constituent detected in ground water in an
aquifer, air, surface water or soils, a concentration level that meets the
criteria of subsections A through D of this section is not available, the
director may establish an action level for the constituent as:
1. A level that is an indicator for protection of human
health and the environment, using the exposure assumptions for the medium
specified under subsections A through D of this section; or
2. The background concentration of the constituent.
9VAC20-80-230. Cleanup standards. (Repealed.)
A. Except as otherwise provided by subsection B of this
section, the director will establish the cleanup standards for remediation of
contaminated media as follows:
1. The director will specify concentration levels of
hazardous constituents in ground water, surface water, air and soils that the
remedy shall achieve, as necessary to protect human health and the environment.
Such media cleanup standards will be established as follows:
a. The cleanup standards shall be concentration levels in
the affected media which protect human health and the environment.
b. Unless a lower concentration level is deemed necessary
to protect environmental receptors, cleanup standards shall be established as
follows:
(1) For known or suspected carcinogens, cleanup standards
shall be established at concentration levels which represent an excess
upperbound lifetime risk to an individual of between 1X10-4 and 1X10-6.
The director will use the 1X10-6risk level as the point of departure
in establishing such concentration levels.
(2) For systemic toxicants, cleanup standards shall
represent concentration levels to which human population (including sensitive
subgroups) could be exposed on a daily basis without appreciable risk of
deleterious effect during a lifetime.
c. In establishing media cleanup standards which meet the
requirements of subdivisions 1 a and b of this subsection, the director may
consider the following:
(1) Multiple contaminants in the medium;
(2) Exposure threats to sensitive environmental receptors;
(3) Other site-specific exposure or potential exposure to
contaminated media;
(4) The reliability, effectiveness, practicability, or
other relevant features of the remedy.
d. For ground water and surface water that is a current or
potential source of drinking water, the director will consider maximum,
contaminant levels promulgated under § 141.2 of the Safe Drinking Water Act (40
CFR 141, Subpart B) in establishing media cleanup standards.
e. If the owner or operator can demonstrate to the
satisfaction of the director that a specific concentration of a constituent in
a medium at the site is naturally occurring or from a source other than a solid
waste management unit at the site, the cleanup level established under this
section for the constituent in the medium shall not be below that specific
concentration, unless the director establishes that:
(1) Remediation to levels below that specified
concentration is necessary to protect human health and the environment; and
(2) Such remediation is in connection with an areawide
cleanup under RCRA or other authorities.
2. The director may determine that remediation of a release
of a constituent from a solid waste management unit to a media cleanup standard
established pursuant to this subsection is not necessary if the owner or
operator demonstrates to the director's satisfaction that:
a. The affected medium is also contaminated by substances
that are naturally occurring or have originated from a source other than a
solid waste management unit at the site, and those substances are present in
concentrations such that remediation of the release from the solid waste
management unit would provide no significant reduction in risks to actual or
potential receptors; or
b. The constituent is present in ground water that:
(1) Is not a current or potential source of drinking water;
and
(2) Is not hydraulically connected with waters to which the
hazardous constituents are migrating or are likely to migrate in a
concentration greater than an action level specified according to
9VAC20-80-220; or
c. Remediation of the release to media cleanup standards is
technically impracticable.
3. If a determination is made pursuant to subdivision 2 of
this subsection, the director may require any alternative measure or standard
he determines are necessary to protect human health and the environment,
including the control of further releases.
B. Compliance with media standards. The director will
specify in the remedy requirements for achieving compliance with the media
cleanup standards established under subsection A of this section (or
alternative levels under subdivision A 1 e or 3 of this section), as follows:
1. The director will specify where compliance with each
standards or levels shall be achieved, as follows:
a. For ground water, the cleanup standards or levels shall
be achieved throughout the contaminated ground water, or, at the director's
discretion, when waste is left in place, up to the boundary of a waste
management area encompassing the original source of release. The director will
specify the locations at which ground water monitoring wells shall be located
for the purposes of:
(1) Monitoring the effectiveness of the ground water
remediation program; and
(2) Demonstrating compliance with the ground water cleanup
standards or levels.
b. For air, the cleanup standard or level shall be achieved
at the location of the most exposed individual, or other specified points of
exposure closer to the source of the release, if determined by the director to
be necessary to protect human health and the environment. The director will
approve locations where air monitoring devices shall be installed, or what
emission modeling or testing, atmospheric dispersion models, or other methods
shall be used to demonstrate that compliance with any air cleanup standard or
level has been achieved at the points of exposure.
c. For surface water, the cleanup standard or level shall
be achieved at the point where the release enters the surface water. For
releases that have accumulated in surface water sediments, the director may, as
necessary to protect human health and the environment, require that a cleanup
standard or level be achieved at designated locations in the sediments. The
director will approve the locations where surface water or sediment samples
shall be taken to monitor surface water quality, and demonstrate that
compliance with any surface water cleanup standard or level has been achieved.
d. For soils, the cleanup standard shall be achieved at any
point where direct contact exposure to the soils may occur. The director will
approve the locations, or methods for determining appropriate locations, where
soil samples shall be taken to demonstrate compliance with the soil cleanup
standard or level.
e. If the owner or operator is unable to obtain the
necessary permission to undertake corrective action beyond the boundary of the
site, and can demonstrate to the satisfaction of the director that despite the
owner's or operator's best efforts, he is as a result unable to achieve media
cleanup standards or levels beyond the boundary of the site, then media cleanup
standards or levels shall be achieved to the extent practicable, as approved by
the director.
2. The director will specify in the remedy the sampling and
analytical methods, any statistical analyses that may be required, and the
frequency of sampling or monitoring that may be required to characterize levels
of hazardous constituents in ground water, surface water, air or soils.
3. The director will specify in the remedy the length of
time during which the practices must, in order to achieve compliance with a
media cleanup standard or level, demonstrate the concentrations of hazardous
constituents have not exceeded the standard. Factors that may be considered by
the director in determining these timing requirements include:
a. Extent and concentration of the release;
b. Behavior characteristics of the hazardous constituents
in the affected medium;
c. Accuracy of monitoring or modeling techniques;
d. Characteristics of the affected media; and
e. Seasonal, meteorological, or other environmental
variabilities which may affect the accuracy of monitoring or modeling results.
Part V
Solid Waste Disposal Facility Standards
9VAC20-80-240. General. (Repealed.)
A. Any person who constructs, or operates any solid waste
disposal facility (e.g., sanitary landfill, construction/demolition/debris
landfill, or an industrial waste landfill), not otherwise exempt under
9VAC20-80-60 D, shall comply with the requirements of this part. Further, all
applications for permits pursuant to these standards shall demonstrate specific
means proposed for compliance with requirements set forth in this part.
B. Solid waste disposal facilities shall be maintained and
operated in accordance with the permit issued pursuant to this chapter, and in
accordance with the approved design and intended use of the facility.
C. Hazardous wastes shall not be disposed or managed in
solid waste disposal facilities subject to this chapter unless specifically
authorized by the facility permit or the director.
D. Solid waste disposal facilities shall comply with the
Financial Assurance Regulations for Solid Waste Disposal, Transfer, and
Treatment Facilities (9VAC20-70) of the Virginia Waste Management Board.
E. Establishment, operation or maintenance of any solid
waste disposal facility as an open dump is prohibited (see Part IV
(9VAC20-80-170 et seq.) of this chapter).
F. A solid waste management facility regulated under Part
VI (9VAC20-80-320 et seq.) of this chapter will become subject to the
appropriate closure and post-closure care standards contained in this part if
solid waste will remain after the closure of such a facility.
9VAC20-80-250. Sanitary landfill. (Repealed.)
The provisions of this section shall apply to the siting,
design, construction, operation, monitoring, and closure of a sanitary
landfill.
A. Siting.
1. Airport safety.
a. Owners or operators of all sanitary landfills that are
located within 10,000 feet of any airport runway end used by turbojet aircraft
or within 5,000 feet of any airport runway end used by only piston-type
aircraft shall demonstrate that the units are designed and operated so that the
facility does not pose a bird hazard to aircraft.
b. Owners or operators proposing to site new sanitary
landfill and lateral expansions of an existing facility within a five mile
radius of any airport runway end used by turbojet or piston-type aircraft shall
notify the affected airport and the Federal Aviation Administration (FAA).
Owners and operators should also be aware that effective April 5, 2000, 49 USC § 44718 (d), restricts the establishment of landfills within six
miles of public airports under certain conditions. Provisions for exemptions
from this law also exist.
c. The owner or operator of an existing facility shall
submit the demonstration in subdivision 1 a of this subsection to the director
by October 9, 1993.
2. Floodplains. Owners or operators of all sanitary
landfills located in 100-year floodplains shall demonstrate that the facility
will not restrict the flow of the 100-year flood, reduce the temporary water
storage capacity of the floodplain, or result in washout of solid waste so as
to pose a hazard to human health and the environment. The owner or operator of
an existing facility shall submit the demonstration to the director by October 9, 1993. No new sanitary landfill after July 1, 1999 shall be constructed in a 100-year flood plain.
3. Unstable areas.
a. Owners or operators of all sanitary landfills located in
an unstable area shall demonstrate that engineering measures have been
incorporated into the facility's design to ensure that the integrity of the
structural components of the facility will not be disrupted. He shall consider
the following factors, at a minimum, when determining whether an area is
unstable:
(1) On-site or local soil conditions that may result in
differential settling and subsequent failure of structural components;
(2) On-site or local geologic or geomorphologic features
that may result in sudden or non-sudden events and subsequent failure of
structural components; and
(3) On-site or local man-made features or events (both
surface and subsurface) that may result in sudden or non-sudden events and
subsequent failure of structural components.
b. The owner or operator of an existing facility shall
submit the demonstration to the director by October 9, 1993.
4. Wetlands.
a. After July 1, 1999, new sanitary landfills and lateral
expansions of existing facilities, except those impacting less than 1.25 acres
of nontidal wetlands, shall not be constructed in any tidal wetland or nontidal
wetland contiguous to any surface water body.
b. Construction allowed under the provisions of §
10.1-1408.5 will be allowed only with appropriate approvals under the
provisions of 9VAC25-210. In addition, the following additional demonstrations
must be made to the director:
(1) Where applicable under § 404 of the Clean Water Act or
§ 62.1-44.15:5 of the Virginia wetlands laws, the presumption
that a practicable alternative to the proposed landfill is available that does
not involve wetlands is clearly rebutted;
(2) The construction and operation of the facility will
not:
(a) Cause or contribute to violations of any applicable
water quality standard;
(b) Violate any applicable toxic effluent standard or
prohibition under § 307 of the Clean Water Act;
(c) Jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a
critical habitat, protected under the Endangered Species Act of 1973; and
(d) Violate any requirement under the Marine Protection,
Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary;
(3) The facility will not cause or contribute to
significant degradation of wetlands. The owner or operator shall demonstrate
the integrity of the facility and its ability to protect ecological resources
by addressing the following factors:
(a) Erosion, stability, and migration potential of native
wetland soils, muds and deposits used to support the facility;
(b) Erosion, stability, and migration potential of dredged
and fill materials used to support the facility;
(c) The volume and chemical nature of the waste managed in
the facility;
(d) Impacts on fish, wildlife, and other aquatic resources
and their habitat from release of the solid waste;
(e) The potential effects of catastrophic release of waste
to the wetland and the resulting impacts on the environment; and
(f) Any additional factors, as necessary, to demonstrate
that ecological resources in the wetland are sufficiently protected.
(4) To the extent required under § 404 of the Clean Water
Act or applicable Virginia wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by first
avoiding impacts to wetlands to the maximum extent practicable as required by
subdivision 4 b (1) of this subsection, then minimizing unavoidable impacts to
the maximum extent practicable, and finally offsetting remaining unavoidable
wetland impacts through all appropriate and practicable compensatory mitigation
actions (e.g., restoration of existing degraded wetlands or creation of
man-made wetlands); and
(5) Sufficient other information is available to enable the
department to make a reasonable determination with respect to these
demonstrations.
5. Fault areas. New sanitary landfills and lateral
expansions of existing facilities shall not be located within 200 feet of a
fault that has had displacement in Holocene time unless the owner or operator
demonstrates to the director that an alternative setback distance of less than
200 feet will prevent damage to the structural integrity of the facility and
will be protective of human health and the environment.
6. Seismic impact zones. New sanitary landfills and lateral
expansions of existing facilities shall not be located in seismic impact zones,
unless the owner or operator demonstrates to the director that all containment
structures, including liners, leachate collection systems, and surface water
control systems, are designed to resist the maximum horizontal acceleration in
lithified earth material for the site.
7. No sanitary landfill disposal unit or leachate storage
unit shall extend closer than:
a. 100 feet of any regularly flowing surface water body or
river;
b. 50 feet from the facility boundary;
c. 500 feet of any well, spring or other ground water
source of drinking water in existence at the time of application;
d. One thousand feet from the nearest edge of the
right-of-way of any interstate or primary highway or 500 feet from the nearest
edge of the right-of-way of any other highway or city street except the following:
(1) Units which are screened by natural objects, plantings,
fences, or other appropriate means so as to minimize the visibility from the
main-traveled way of the highway or city street, or otherwise removed from
sight;
(2) Units which are located in areas which are zoned for
industrial use under authority of state law or in unzoned industrial areas as
determined by the Commonwealth Transportation Board;
(3) Units which are not visible from the main-traveled way
of the highway or city street.
NOTE: This requirement is based on § 33.1-348 of the Code
of Virginia. The regulatory responsibility for this standard rests with the
Virginia Department of Transportation.
e. 200 feet from the active filling areas to any residence,
school, hospital, nursing home or recreational park area in existence at the
time of application.
NOTE: All distances are to be measured in the horizontal
plane.
8. No new facility shall be located in areas where ground
water monitoring cannot be conducted in accordance with subsection D of this
section unless this requirement is suspended by the director pursuant to
subdivision 1 c of this subsection.
9. No new sanitary landfill shall be constructed:
a. Within five miles upgradient of any existing surface or
ground water public water supply intake or reservoir except as allowed under
the provisions of § 10.1-1408.4 B 3 of the Code of Virginia;
b. In any area vulnerable to flooding resulting from dam
failures;
c. Over a sinkhole or less than 100 feet over a solution
cavern associated with karst topography;
d. In any park or recreational area, wildlife management
area or area designated by the federal or state agency as the critical habitat
of any endangered species; or
e. Over an active fault.
10. Certain site characteristics may also prevent approval
or require substantial limitations on the site use or require incorporation of
sound engineering controls. Examples include but are not limited to:
a. Excessive slopes (greater than 33%);
b. Lack of daily cover materials;
c. Springs, seeps, or other ground water intrusion into the
site;
d. The presence of gas, water, sewage, or electrical or
other transmission lines under the site; or
e. The prior existence on the site of an open dump,
unpermitted landfill, lagoon, or similar unit, even if such a unit is closed,
will be considered a defect in the site unless the proposed unit can be
isolated from the defect by the nature of the unit design and the ground water
for the proposed unit can be effectively monitored.
11. Specific site conditions may be considered in approving
an exemption of a site from the siting restrictions of subdivision 10 of this
subsection.
12. Facilities unable to furnish the demonstration required
under subdivision 1 c, 2, or 3 b of this subsection shall close in accordance
with the requirements of subsection E of this section and initiate post-closure
care as required by subsection F of this section by October 9, 1996.
13. The deadline for closure required by subdivision 12 of
this subsection may be extended by the director up to two years if the owner or
operator demonstrates that:
a. There is no alternate disposal capacity; and
b. There is no immediate threat to human health and the
environment.
B. Design/construction. The following design and construction
requirements apply to all sanitary landfills:
1. All facilities shall be surrounded by a means of
controlling vehicular access and preventing illegal disposal. All access will
be limited by gates, and such gates shall be securable and equipped with locks.
2. Access roads extending from the public road to the
entrance of a facility or site and any public access area shall be all-weather,
and shall be provided with a base capable of withstanding anticipated heavy
vehicle loads.
3. Each solid waste disposal facility should be provided
with an adequately lighted and heated shelter where operating personnel can
exercise site control and have access to essential sanitation facilities.
Lighting, heat and sanitation facilities may be provided by portable equipment
as necessary.
4. Aesthetics shall be considered in the design of a
facility or site. Use of artificial or natural screens shall be incorporated
into the design for site screening and noise attenuation to less than 80 dBA at
the facility boundary. The design should reflect those requirements, if any,
that are determined from the long-range plan for the future use of the site.
5. All sanitary landfills shall be equipped with permanent
or mobile telephone or radio communications.
6. All facilities shall be designed to provide and maintain:
a. A run-on control system to prevent flow onto the active
portion of the landfill during the peak discharge from a 25-year storm;
b. A run-off control system from the active portion of the landfill
to collect and control at least the water volume resulting from a 24-hour,
25-year storm. Run-off from the active portion of the landfill unit shall be
handled in a manner that will not cause the discharge of:
(1) Pollutants into waters of the United States, including
wetlands, that violates any requirements of the Clean Water Act, including,
but-not limited to, the Virginia Pollutant Discharge Elimination system (VPDES)
requirements; and
(2) Cause the discharge of a nonpoint source of pollution to
waters of the United States, including wetlands, that violates any requirement
of an area-wide or state-wide water quality management plan that has been
approved under § 208 or 319 of the Clean Water Act, as amended.
c. Drainage structures to prevent ponding and erosion, and
to minimize infiltration of water into solid waste cells.
7. A ground water monitoring system shall be installed at
all sanitary landfills in accordance with 9VAC20-80-300.
8. Each site design shall include a gas management system to
control decomposition gases generated within a sanitary landfill in accordance
with 9VAC20-80-280.
9. All sanitary landfills shall be underlain by a composite
liner system as follows:
a. Base preparation to protect the liner by preventing
liner failure through subsidence or structural failure of the liner system.
b. A lower liner consisting of at least a two-foot layer of
compacted soil with a hydraulic conductivity of no more than 1x10-7
cm/sec.
c. An upper component consisting of a minimum 30-mil flexible
membrane liner (FML). If high density polyethylene (HDPE) is used as an FML, it
shall be at least 60-mil thick. The FML component shall be:
(1) Installed in direct and uniform contact with the
compacted soil liner;
(2) Placed in accordance with an approved construction
quality control/quality assurance program submitted with the design plans; and
(3) Placed with a minimum of two percent slope for leachate
drainage.
10. The applicant may submit a petition in accordance with
9VAC20-80-780 to allow for an alternate design of the liner system.
11. The design shall provide for leachate management which
shall include its collection, treatment, storage, and disposal. Leachate
control and monitoring systems are subject to the requirements in 9VAC20-80-290.
12. Landfill site designs shall provide sufficient area to
allow for management of leachate. Leachate from a solid waste disposal facility
shall not be permitted to drain or discharge into surface waters except when
authorized under a VPDES permit issued by the State Water Control Board or
otherwise approved by that agency.
13. Compacted lifts of deposited waste shall be designed for
a height compatible with daily waste volumes keeping work face areas to a
minimum and allowing for a daily compacted cover. Lift height is not
recommended to exceed 10 feet for maximum compaction.
14. Final contours of the finished landfill shall be
specified. Design of final contours shall consider subsequent site uses,
existing natural contours, surface water management requirements, and the
nature of the surrounding area. The final elevation of the landfill shall be
limited by the structural capacity of the liner and leachate collection and
removal system and by stability of foundation and slopes. The final contour shall
not cause structural damage or collapse of the leachate collection system.
15. Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual. The top slope shall be at least two percent after allowance for
settlement to prevent ponding of water.
16. Two survey bench marks shall be established and
maintained on the landfill site, and their location identified or recorded on
drawings and maps of the facility.
17. Each sanitary landfill shall be constructed in
accordance with approved plans, which shall not be subsequently modified
without approval by the department.
18. Construction quality assurance program.
a. General.
(1) A construction quality assurance (CQA) program is
required for all landfill units. The program shall ensure that the constructed
unit meets or exceeds all design criteria and specifications in the permit. The
program shall be developed and implemented under the direction of a CQA officer
who is a registered professional engineer.
(2) The CQA program shall address the following physical
components, where applicable:
(a) Foundations;
(b) Low-hydraulic conductivity soil liners;
(c) Synthetic membrane liners;
(d) Leachate collection and removal systems;
(e) Gas management components; and
(f) Final cover systems.
b. Written CQA plan. The owner or operator shall develop
and implement a written CQA plan. The plan shall identify steps that will be
used to monitor and document the quality of materials and the condition and
manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description
of how they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for
all unit components identified in subdivision 18 a (2) of this subsection
including observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed unit
components meet the design specifications. The description shall cover:
sampling size and locations; frequency of testing; data evaluation procedures;
acceptance and rejection criteria for construction materials; plans for
implementing corrective measures; and data or other information to be recorded.
c. Contents of program. The CQA program shall include
observations, inspections, tests, and measurements sufficient to ensure:
(1) Structural stability and integrity of all components of
the unit identified in subdivision 18 a (2) of this subsection;
(2) Proper construction of all components of the liners,
leachate collection and removal system, gas management system, and final cover
system, according to permit specifications and good engineering practices, and
proper installation of all components (e.g., pipes) according to design
specifications;
(3) Conformity of all materials used with design and other
material specifications.
(4) The permeability of the liner soil. Soil liner
construction will be demonstrated on a test pad where permeability will be
confirmed using an in situ testing method.
d. Certification. Waste shall not be received in a landfill
unit until the owner or operator has submitted to the department by certified
mail or hand delivery a certification signed by the CQA officer that the
approved CQA plan has been successfully carried out and that the unit meets the
requirements of this section. Documentation supporting the CQA officer's
certification shall be submitted to the department upon request. An additional
engineer's certification is required under the provisions of 9VAC20-80-550 A 1.
C. Operation.
1. No hazardous wastes as defined by the Virginia Hazardous
Waste Management Regulations (9VAC20-60) other wastes listed in 9VAC20-80-250 C
17, PCB waste or regulated medical waste shall be accepted at the landfill
except as specifically authorized by the facility permit or by the director.
The owner or operator shall implement an inspection program to be conducted by
landfill personnel to detect and prevent disposal of such wastes. In addition
to implementing the requirements of the control program for unauthorized waste
in 9VAC20-80-113, the program shall include, at a minimum:
a. The procedures for the routine monitoring and
observation of incoming waste at the working face of the landfill;
b. The procedures for random inspections of incoming loads
to detect whether incoming loads contain regulated hazardous wastes, PCB
wastes, regulated medical waste, or other unauthorized solid waste and ensure
that such wastes are not accepted at the facility. The owner or operator shall
inspect a minimum of 1.0% of the incoming loads of waste. In addition, if the
facility receives waste generated outside of Virginia and the regulatory
structure in that jurisdiction allows for the disposal or incineration of
wastes as municipal solid waste that Virginia's laws and regulations prohibit
or restrict, the facility shall inspect a minimum of 10% of the incoming loads
of waste from that jurisdiction. All facilities receiving waste generated
outside of Virginia shall submit an evaluation consistent with 9VAC20-80-113 D;
c. Records of all inspections, to include at a minimum time
and date of the inspection, the personnel involved, the hauler, the type of
waste observed, the identity of the generator of the waste if it can be
determined, the location of the facility where the waste was handled prior to
being sent to the landfill and the results of the inspection. All records
associated with unauthorized waste monitoring and incidents shall be retained
on-site for a minimum of three years and shall be available for inspection by
the department;
d. Training of facility personnel to recognize and manage
regulated hazardous waste, PCB wastes, regulated medical waste, and other
unauthorized solid wastes;
e. Notification of the department if a regulated hazardous
waste, PCB waste, regulated medical waste or other unauthorized waste is
discovered at the facility. This notification will be made orally as soon as
possible, but no later than 24 hours after the occurrence and shall be followed
within 10 days by a written report that includes a description of the event,
the cause of the event, the time and date of the event and the actions taken to
respond to the event; and
f. All regulated medical waste, PCB waste or other
unauthorized solid waste that are detected at a facility shall be isolated from
the incoming waste and properly contained until arrangements can be made for
proper transportation for treatment or disposal at an approved facility.
2. Compaction and cover requirements.
a. Unless provided otherwise in the permit, solid waste
shall be spread into two-foot layers or less and compacted at the working face,
which shall be confined to the smallest area practicable.
b. Lift heights shall be sized in accordance with daily
waste volumes. Lift height is not recommended to exceed 10 feet.
c. Daily cover consisting of six inches of compacted soil
or other approved material shall be placed upon and maintained on all exposed
solid waste prior to the end of each operating day, or at more frequent
intervals if necessary, to control disease vectors, fires, odors, blowing
litter, and scavenging. Alternate materials of an alternate thickness may be
approved by the director if the owner or operator demonstrates that the
alternate material and thickness control disease vectors, fires, odors, blowing
litter, and scavenging without presenting a threat to human health and the
environment. At least three days of acceptable cover soil or approved material
at the average usage rate should be maintained at the landfill or readily
available at all times.
d. Intermediate cover of at least six inches of additional
compacted soil shall be applied and maintained whenever an additional lift of
refuse is not to be applied within 30 days. Further, all areas with
intermediate cover exposed shall be inspected as needed, but not less than
weekly. Additional cover material shall be placed on all cracked, eroded, and
uneven areas as required to maintain the integrity of the intermediate cover
system.
e. Final cover construction will be initiated and
maintained in accordance with the requirements of subdivision E 1 b of this
section when the following pertain:
(1) An additional lift of solid waste is not to be applied
within one year.
(2) Any area of a landfill attains final elevation and
within 90 days after such elevation is reached. The director may approve
alternate timeframes if they are specified in the facility's closure plan.
(3) An entire landfill's permit is terminated for any
reason, and within 90 days of such denial or termination.
f. Vegetative cover with proper support layers shall be
established and maintained on all exposed final cover material within four
months after placement, or as specified by the department when seasonal
conditions do not permit. Mowing will be conducted a minimum of twice a year or
at a frequency suitable for the species of vegetative cover as specified in the
facility permit.
g. Areas where waste has been disposed that have not
received waste within 30 days will not have slopes exceeding the final cover slopes
specified in the permit or 33%, whichever is least.
3. Access to a solid waste disposal facility shall be
permitted only when an attendant is on duty and only during daylight hours,
unless otherwise specified in the facility permit.
4. Disease vectors shall be controlled using techniques
appropriate for the protection of human health and the environment.
5. Safety hazards to operating personnel shall be controlled
through an active safety program consistent with the requirements of 29 CFR
Part 1910.
6. Adequate numbers and types of properly maintained
equipment shall be available to a facility for operation. Provision shall be
made for substitute equipment to be available within 24 hours should the former
become inoperable or unavailable. Operators with training appropriate to the
tasks they are expected to perform and in sufficient numbers for the complexity
of the site shall be on the site whenever it is in operation. Equipment and
operators provided will not be satisfactory unless they ensure that the site is
managed with a high degree of safety and effectiveness.
7. Owners or operators shall implement a gas management plan
in accordance with 9VAC20-80-280 that will ensure that:
a. The concentration of methane gas generated by the
facility does not exceed 25 percent of the lower explosive limit for methane in
facility structures (excluding gas control or recovery system components); and
b. The concentration of methane gas does not exceed the
lower explosive limit for methane at the facility boundary.
8. Burning waste.
a. Owners or operators shall ensure that the units do not
violate any applicable requirements developed by the State Air Pollution
Control Board or promulgated by the EPA administrator pursuant to § 110 of the
Clean Air Act, as amended (42 USC §§ 7401 to 7671q).
b. Open burning of solid waste, except for infrequent
burning of agricultural wastes, silvicultural wastes, landclearing debris,
diseased trees, or debris from emergency cleanup operations is prohibited.
There shall be no open burning permitted on areas where solid waste has been
disposed or is being used for active disposal.
9. The owner or operator shall be responsible for
extinguishing any fires that may occur at the facility. A fire control plan
will be developed which outlines the response of facility personnel to fires.
The fire control plan will be provided as an attachment to the emergency
contingency plan required under the provisions of 9VAC20-80-520 C 2 k. The fire
control plan will be available for review upon request by the public.
10. Solid waste shall not be deposited in, nor shall it be
permitted to enter any surface waters or ground waters.
11. Owners or operators shall maintain the run-on/runoff
control systems designed and constructed in accordance with subdivision B 6 of
this section.
12. Sanitary landfills shall not:
a. Cause a discharge of pollutants into waters of the
United States, including wetlands, that violates any requirements of the Clean
Water Act (33 USC § 1251 et seq.), including, but not limited to, the Virginia
Pollutant Discharge Elimination System (VPDES) requirements and Virginia Water
Quality Standards (9VAC25-260).
b. Cause the discharge of a nonpoint source of pollution to
waters of the United States, including wetlands, that violates any requirement
of an area-wide or state-wide water quality management plan that has been
approved under § 208 or 319 of the Clean Water Act (33 USC § 1251 et seq.), as
amended or violates any requirement of the Virginia Water Quality Standards
(9VAC25-260).
13. Housekeeping.
a. Litter and blowing paper shall be confined to refuse
holding and operating areas by fencing or other suitable control means.
b. Dust and odors shall be controlled so they do not
constitute nuisances or hazards.
c. Salvaging may be permitted by a solid waste disposal
facility operator, but shall be controlled within a designated salvage area to
preclude interference with operation of the facility and to avoid the creation
of hazards or nuisances.
d. Fugitive dust and mud deposits on main off-site roads
and access roads shall be minimized at all times to limit nuisances.
e. Internal roads in the landfill shall be maintained to be
passable in all weather by ordinary vehicles. All operation areas and units
shall be accessible; gravel or other finish materials are usually required to
accomplish this. Provisions shall be made to prevent tracking of mud onto
public roads by vehicles leaving the site.
f. The open working face of a landfill shall be kept as
small as practicable, determined by the tipping demand for unloading.
g. A sanitary landfill which is located within 10,000 feet
of any airport runway used for turbojet aircraft or 5,000 feet of any airport
runway used by only piston type aircraft, shall operate in such a manner that
the facility does not increase or pose additional bird hazards to aircraft.
h. All facility appurtenances listed in subsection B of
this section shall be properly maintained. These appurtenances include, but are
not limited to, access controls, shelters, communications equipment, run-on and
run-off controls, gas and ground water systems, liner systems, leachate
collection control systems and the landfill cap.
14. Ground water monitoring program meeting the requirements
of subsection D of this section shall be implemented.
15. A corrective action program meeting the requirements of
9VAC20-80-310 is required whenever the ground water protection standard is
exceeded.
16. Sanitary landfills may receive the following types of
solid wastes subject to specific limitations in the permit:
a. Agricultural waste.
b. Ashes and air pollution control residues that are not
classified as hazardous waste. Incinerator and air pollution control residues
should be incorporated into the working face and covered at such intervals as
necessary to prevent them from becoming airborne.
c. Commercial waste.
d. Compost.
e. Construction waste.
f. Debris waste.
g. Demolition waste.
h. Discarded material.
i. Garbage.
j. Household waste.
k. Industrial waste meeting all criteria contained herein.
l. Inert waste.
m. Institutional waste except regulated medical waste as
specified in the Regulated Medical Waste Management Regulations (9VAC20-120).
n. Municipal solid waste.
o. Putrescible waste. Occasional animal carcasses may be
disposed of within a sanitary landfill. Large numbers (over 20 cy) of animal
carcasses may be received with prior notification of the department. When large
numbers of carcasses are received, they shall be placed in a separate area
within the disposal unit and provided with a cover of compacted soil or other
suitable material.
p. Refuse.
q. Residential waste.
r. Rubbish.
s. Scrap metal.
t. Sludges. Water treatment plant sludges containing no
free liquid and stabilized, digested or heat treated wastewater treatment plant
sludges containing no free liquid may be placed on the working face along with
municipal solid wastes and covered with soil or municipal solid wastes. The
quantities accepted should be determined by operational conditions encountered
at the working face. For existing facilities without an adequate leachate
collection system, only a limited quantity of sludge may be accepted. A maximum
ratio of one ton of sludge per five tons of solid waste per day will be considered.
Generation of leachate will be a basis for restriction of sludge disposal at
such existing facilities.
u. Trash.
v. White goods. Provided that all white goods are free of
chlorofluorocarbons and PCBs prior to placement on the working face.
w. Nonregulated hazardous wastes and treated wastes
rendered nonhazardous by specific approval only.
x. Special wastes as approved by the director.
y. Waste oil that has been adequately adsorbed in the
course of a site cleanup.
z. Vegetative waste.
aa. Yard waste.
17. Sanitary landfills may not receive the following wastes:
a. Free liquids.
(1) Bulk or noncontainerized liquid waste, unless:
(a) The waste is household waste; or
(b) The waste is leachate or gas condensate derived from
that landfill and the facility is designed with a composite liner and leachate
collection system as described in subdivision B 9 of this section and
9VAC20-80-290 B; or
(2) Containers holding liquid waste, unless:
(a) The container is a small container similar in size to
that normally found in household waste;
(b) The container is designed to hold liquids for use other
than storage; or
(c) The waste is household waste.
b. Regulated hazardous wastes.
c. Solid wastes, residues, or soils containing more than 1.0
ppb (parts per billion) TEF (dioxins).
d. Solid wastes, residues, or soils containing 50.0 ppm
(parts per million) or more of PCB's except as allowed under the provisions of
9VAC20-80-650.
e. Unstabilized sewage sludge as defined by the Department
of Health or sludges that have not been dewatered.
f. Pesticide containers that have not been triple rinsed
and crushed.
g. Drums that are not empty, properly cleaned and opened.
h. Contaminated soil unless approved by the director in
accordance with the requirements of 9VAC20-80-630 or 9VAC20-80-700.
18. Reasonable records to include date, quantity by weight
or volume, and origin shall be maintained on solid waste received and processed
to fulfill the requirements of the Solid Waste Information and Assessment
Program, the Control Program for Unauthorized Waste. Such information shall be
made available to the department for examination or use when requested.
D. Ground water monitoring. Ground water monitoring program
shall be instituted at all sanitary landfills in accordance with the
requirements contained in 9VAC20-80-300.
E. Closure.
1. Closure criteria. All sanitary landfills shall be closed
in accordance with the procedures set forth as follows:
a. The owner or operator shall close his 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 post-closure escape of uncontrolled leachate, surface runoff,
or waste decomposition products to the ground water, surface water,
decomposition gas migration, or to the atmosphere.
b. Final cover system. Owner or operator of all sanitary
landfills shall install a final cover system that is designed to achieve the
performance requirements of subdivision 1 a of this subsection.
(1) The final cover system shall be designed and
constructed to:
(a) Have an 18-inch infiltration layer with a hydraulic
conductivity less than or equal to the hydraulic conductivity of any bottom
liner system or natural subsoils present, or a hydraulic conductivity no
greater than 1x10-5 cm/sec, whichever is less; and
(b) Minimize infiltration through the closed disposal unit
by the use of an infiltration layer that is constructed of earthen material;
and
(c) Minimize erosion of the final cover by the use of an
erosion layer that contains a minimum of 6 inches of earthen material that is
capable of sustaining native plant growth, and provide for protection of the
infiltration layer from the effects of erosion, frost, and wind.
(2) Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual. To prevent ponding of water, the top slope shall be at least two
percent after allowance for settlement.
2. The director may approve an alternate final cover design
that includes:
a. An infiltration layer that achieves an equivalent
reduction in infiltration as the infiltration layer specified in subdivision 1
b (1) (a) of this subsection; and
b. An erosion layer that provides equivalent protection
from wind and water erosion as the erosion layer specified in subdivision 1 b
(1) (c) of this subsection.
3. Closure plan and amendment of plan.
a. The owner or operator of a solid waste disposal facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility at the point of the permit period when the
operation will be the most extensive and at the end of its intended life. The
closure plan shall include, at least:
(1) A description of those measures to be taken and
procedures to be employed to comply with this subsection.
(2) An estimate of the largest area ever requiring a final
cover as required at any time during the active life;
(3) An estimate of the maximum inventory of wastes ever
on-site over the active life of the landfill facility; and
(4) A schedule for final closure which shall include, at 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 may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan. The amended closure plan shall be placed in the operating
record.
c. The owner or operator shall notify the department
whenever an amended closure plan has been prepared and placed in the operating
record.
d. At least 180 days prior to beginning closure of each
solid waste disposal unit, the owner or operator shall notify the department of
the intent to close.
e. If the owner or operator intends to use an alternate
final cover design, he shall submit a proposed design meeting the requirements
of subdivision 2 of this subsection to the department at least 180 days before
the date he expects to begin closure. The director will approve or disapprove
the plan within 90 days of receipt.
f. Closure plans, and amended closure plans not previously
approved by the director shall be submitted to the department at least 180 days
before the date the owner or operator expects to begin construction activities
related to closure. The director will approve or disapprove the plan within 90
days of receipt.
4. Time allowed for closure.
a. The owner or operator shall begin closure activities of
each unit no later than 30 days after the date on which the unit receives the
known final receipt of wastes or, if the unit has remaining capacity and there
is a reasonable likelihood that the unit will receive additional wastes, no
later than one year after the most recent receipt of wastes. Extensions beyond
the one-year deadline for beginning closure may be granted by the director if
the owner or operator demonstrates that the unit has the capacity to receive
additional wastes and the owner or operator has taken and will continue to take
all steps necessary to prevent threats to human health and the environment from
the unclosed unit.
b. The owner or operator shall complete closure activities
of each unit within six months following the beginning of closure. The director
may approve a longer closure period if the owner or operator can demonstrate
that the required or planned closure activities will, of necessity, take longer
than six months to complete; and that the owner or operator has taken all steps
to eliminate any significant threat to human health and the environment from
the unclosed but inactive unit.
5. Closure implementation.
a. The owner or operator shall close each unit with a final
cover as specified in subdivision 1 b of this subsection, grade the fill area
to prevent ponding, and provide a suitable vegetative cover. Vegetation shall
be deemed properly established when there are no large areas void of vegetation
and it is sufficient to control erosion.
b. Following construction of the final cover system for
each unit, the owner or operator shall submit to the department a
certification, signed by a registered professional engineer verifying that
closure has been completed in accordance with the requirements of this part.
This certification shall include the results of the CQA/QC requirements under
subdivision B 18 a (2) (e) of this section.
c. The owner or operator shall properly bait the site for
rodent and vector control before final closure is initiated.
d. Following the closure of all units the owner or operator
shall:
(1) Post one sign at the entrance of the facility notifying
all persons of the closing, and providing a notice prohibiting further receipt
of waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being deposited.
(2) Within 90 days, submit to the local land recording
authority a survey plat prepared by a professional land surveyor registered by
the Commonwealth or a person qualified in accordance with Title 54.1 of the
Code of Virginia indicating the location and dimensions of landfill disposal
areas. Monitoring well locations should be included and identified by the
number on the survey plat. The plat filed with the local land recording
authority shall contain a note, prominently displayed, which states the owner's
or operator's future obligation to restrict disturbance of the site as
specified.
(3) Record a notation on the deed to the facility property,
or on some other instrument which is normally examined during title searches,
notifying any potential purchaser of the property that the land has been used
to manage solid waste and its use is restricted under subdivision F 4 c of this
section. A copy of the deed notation as recorded shall be filed with the
department.
(4) Submit to the department a certification, signed by a
registered professional engineer, verifying that closure has been completed in
accordance with the requirements of subdivision 5 d (1) through 5 d (3) of this
section and the facility closure plan.
6. Inspection. The department shall inspect all solid waste
management units at the time of closure to confirm that the closing is complete
and adequate. It shall notify the owner of a closed facility, in writing, if
the closure is satisfactory, and shall require any construction or such other
steps necessary to bring unsatisfactory sites into compliance with these
regulations. Notification by the department that the closure is satisfactory
does not relieve the operator of responsibility for corrective action to
prevent or abate problems caused by the facility.
7. Post-closure period. The post-closure care period begins
on the date of the certification signed by a registered professional engineer
as required in subdivision 5 d (4) of this subsection. Unless a facility
completes all provisions of subdivision 5 of this subsection, the department
will not consider the facility closed, and the beginning of the post-closure
care period will be postponed until all provisions have been completed. If the
department's inspection required by subdivision 6 of this subsection reveals
that the facility has not been properly closed in accordance with this part,
post closure will begin on the date that the department acknowledges proper
closure has been completed.
F. Post-closure care requirements.
1. Following closure of all disposal units, the owner or
operator shall conduct post-closure care of the facility. Post-closure care
shall consist of at least the following:
a. Maintaining the integrity and effectiveness of any final
cover, including making repairs to the cover as necessary to correct the
effects of settlement, subsidence, erosion, or other events, and preventing
run-on and run-off from eroding or otherwise damaging the final cover;
b. Maintaining and operating the leachate collection system
in accordance with the requirements in 9VAC20-80-290 and 9VAC20-80-300. The
director may allow the owner or operator to stop managing leachate if the owner
or operator demonstrates that leachate no longer poses a threat to human health
and the environment;
c. Monitoring the ground water in accordance with the
requirements of subsection D of this section and maintaining the ground water
monitoring system, if applicable; and
d. Maintaining and operating the gas monitoring system in
accordance with the requirements of 9VAC20-80-280.
2. The post-closure care shall be conducted:
a. For 10 years in case of facilities that ceased to accept
wastes before October 9, 1993; or
b. For 30 years in case of facilities that received wastes
on or after October 9, 1993; or
c. As provided in subdivision 3 of this subsection.
3. The length of the post-closure care period may be:
a. Decreased by the director if the owner or operator
demonstrates that the reduced period is sufficient to protect human health and
the environment and this demonstration is approved by the director; or
b. Increased by the director if the director determines
that the lengthened period is necessary to complete the corrective measures or to
protect human health and the environment. If the post-closure period is
increased, the owner or operator shall submit a revised post-closure plan for
review and approval, and continue post-closure monitoring and maintenance in
accordance with the approved plan.
4. The owner or operator shall prepare a written
post-closure plan that includes, at a minimum, the following information:
a. A description of the monitoring and maintenance
activities required in subdivision 1 of this subsection for each disposal unit,
and the frequency at which these activities will be performed;
b. Name, address, and telephone number of the person or
office to contact about the facility during the post-closure period; and
c. A description of the planned uses of the property during
the post-closure period. Post-closure use of the property shall not disturb the
integrity of the final cover, liners, or any other components of the
containment system, or the function of the monitoring systems unless necessary
to comply with the requirements of this chapter. The director may approve any
other disturbance if the owner or operator demonstrates that disturbance of the
final cover, liner or other component of the containment system, including any
removal of waste, will not increase the potential threat to human health or the
environment.
5. The owner or operator shall submit a post-closure care
plan for review and approval by the director whenever a post-closure care plan
has been prepared or amended. Those post-closure care plans that have been
placed in a facility's operating record must be reviewed and approved by the
director prior to implementation.
6. Following completion of the post-closure care period for
each disposal unit, the owner or operator shall submit to the department a
certificate, signed by a registered professional engineer, verifying that
post-closure care has been completed in accordance with the post-closure plan.
The certificate shall be accompanied by an evaluation, prepared by a
professional engineer licensed in the Commonwealth and signed by the owner or
operator, assessing and evaluating the landfill's potential for harm to human
health and the environment in the event that post-closure monitoring and
maintenance are discontinued.
9VAC20-80-260. Construction/demolition/debris (CDD)
landfills. (Repealed.)
Construction/demolition/debris landfills may only receive
demolition waste, construction waste, debris waste, land clearing debris, split
tires, and white goods. No other wastes are authorized for the CDD landfill.
Chloroflourocarbons and PCBs must be removed from white goods prior to
placement on the working face.
A. Siting. The following criteria apply to all CDD
landfills:
1. CDD landfills shall not be sited or constructed in areas
subject to base floods unless it can be shown that the facility can be
protected from inundation or washout and that the flow of water is not
restricted.
2. CDD landfills shall not be sited in geologically unstable
areas where inadequate foundation support for the structural components of the
landfill exists. Factors to be considered when determining unstable areas shall
include:
a. Soil conditions that may result in differential settling
and subsequent failure of containment structures;
b. Geologic or geomorphologic features that may result in
sudden or non-sudden events and subsequent failure of containment structures;
c. Man-made features or events (both surface and
subsurface) that may result in sudden or non-sudden events and subsequent
failure of containment structures;
d. Presence of sink holes within the disposal area.
3. Acceptable CDD landfill sites shall allow for adequate
area and terrain for management of leachate if generated.
4. CDD landfill disposal area shall not be closer than 200
feet to any residence, school, hospital, nursing home or recreational park
area.
5. CDD disposal or leachate storage unit may not be located
closer than:
a. 100 feet of any regularly flowing surface water body or
river;
b. 200 feet of any well, spring or other ground water
source of drinking water; or
c. One thousand feet from the nearest edge of the
right-of-way of any interstate or primary highway or 500 feet from the nearest
edge of the right-of-way of any other highway or city street, except the
following:
(1) Units which are screened by natural objects, plantings,
fences, or other appropriate means so as to minimize the visibility from the
main-traveled way of the highway or city street, or otherwise removed from
sight;
(2) Units which are located in areas which are zoned for
industrial use under authority of state law or in unzoned industrial areas as
determined by the Commonwealth Transportation Board; or
(3) Units which are not visible from the main-traveled way
of the highway or city street.
NOTE: This requirement is based on § 33.1-348 of the Code of
Virginia, which should be consulted for detail. The regulatory responsibility
for this standard rests with the Virginia Department of Transportation.
6. Wetlands. New CDD landfills and lateral expansions of
existing facilities shall not be located in wetlands, unless the owner or
operator can make the following demonstrations to the director:
a. Where applicable under § 404 of the Clean Water Act or
applicable Virginia wetlands laws, the presumption is clearly rebutted that a
practicable alternative to the proposed landfill exists that does not involve
wetlands;
b. The construction and operation of the facility will not:
(1) Cause or contribute to violations of any applicable
water quality standard;
(2) Violate any applicable toxic effluent standard or
prohibition under § 307 of the Clean Water Act;
(3) Jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a
critical habitat, protected under the Endangered Species Act of 1973 (87 Stat.
884); and
(4) Violate any requirement under the Marine Protection,
Research, and Sanctuaries Act of 1972 (86 Stat. 1052) for the protection of a
marine sanctuary;
c. The facility will not cause or contribute to significant
degradation of wetlands. The owner or operator shall demonstrate the integrity
of the facility and its ability to protect ecological resources by addressing
the following factors:
(1) Erosion, stability, and migration potential of native
wetland soils, muds and deposits used to support the facility;
(2) Erosion, stability, and migration potential of dredged
and fill materials used to support the facility;
(3) The volume and chemical nature of the waste managed in
the facility;
(4) Impacts on fish, wildlife, and other aquatic resources
and their habitat from release of the solid waste;
(5) The potential effects of catastrophic release of waste
to the wetland and the resulting impacts on the environment; and
(6) Any additional factors, as necessary, to demonstrate
that ecological resources in the wetland are sufficiently protected;
d. To the extent required under § 404 of the Clean Water
Act or applicable Virginia wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by first
avoiding impacts to wetlands to the maximum extent practicable as required by
subdivision 6 a of this subsection, then minimizing unavoidable impacts to the
maximum extent practicable, and finally offsetting remaining unavoidable
wetland impacts through all appropriate and practicable compensatory mitigation
actions (e.g., restoration of existing degraded wetlands or creation of
man-made wetlands);
e. Furnish a copy of final determinations on subdivision 6
a through d of this subsection, obtained from the U.S. Army Corps of Engineers
pertaining to federal jurisdictional wetlands; and
f. Sufficient other information to enable the department to
make a reasonable determination with respect to these demonstrations.
7. No new facility shall be located in areas where ground
water monitoring cannot be conducted in accordance with subsection D of this
section. Factors to be considered in determining whether or not a site can be
monitored shall include:
a. Ability to characterize the direction of ground water
flow within the uppermost aquifer;
b. Ability to characterize and define any releases from the
landfill so as to determine what corrective actions are necessary;
c. Ability to perform corrective action as necessary; and
d. Ability to install a double liner system with a leachate
collection system above the top liner and a monitoring collection system
between the two liners.
8. The following site characteristics may also prevent
approval or require substantial limitations on the site use or require
incorporation of sound engineering controls:
a. Excessive slopes (greater than 33%);
b. Lack of readily available cover materials on site, or
lack of a firm commitment for adequate cover material from a borrow site;
c. Springs, seeps, or other ground water intrusion into the
site;
d. The presence of gas, water, sewage, or electrical or
other transmission lines under the site; or
e. The prior existence on the site of an open dump,
unpermitted landfill, lagoon, or similar unit, even if such a unit is closed,
will be considered a defect in the site unless the proposed unit can be
isolated from the defect by the nature of the unit design and the ground water
for the proposed unit can be effectively monitored.
9. In strip mine pits, all coal seams and coal outcrops
shall be isolated from solid waste materials by a minimum of five feet of
natural or compacted soils with a hydraulic conductivity equal to or less than
1x10-7 cm/sec.
10. Specific site conditions may be considered in approving
an exemption of a site from the siting restrictions of subdivisions 7 and 8 of
this subsection.
B. Design/construction.
1. All CDD landfill facilities shall be surrounded on all
sides by natural barriers, fencing, or an equivalent means of controlling
vehicular access. All access will be limited to gates, and such gates shall be
securable and equipped with locks.
2. Access roads extending from the public road to the
entrance of a facility or site shall be all weather, and shall be provided with
a base capable of withstanding anticipated heavy vehicle loads.
3. CDD landfill facilities should be provided with an
adequately lighted and heated shelter where operating personnel have access to
essential sanitation facilities. Lighting, sanitation facilities and heat may
be provided by portable equipment as necessary.
4. Aesthetics shall be considered in the design of a facility
or site. Use of artificial or natural screens shall be incorporated into the
design for site screening and noise attenuation. The design should reflect
those requirements, if any, that are determined from the long-range plan for
the future use of the site.
5. All CDD landfill facilities shall be equipped with
permanent or mobile telephone or radio communications.
6. All CDD landfills shall be designed to divert surface
water runoff from a 25-year, 24-hour storm away from disposal areas. The design
shall provide that any surface water runoff is managed so that erosion is well
controlled and environmental damage is prevented.
7. Each CDD landfill facility shall be constructed in
accordance with approved plans, which shall not be subsequently modified without
approval by the department.
8. A leachate collection system and removal system and
leachate monitoring program shall be required as detailed in 9VAC20-80-290.
Surface impoundments or other leachate storage structures shall be so
constructed that discharge to ground water will not occur. Leachate derived
from the CDD landfill may be recirculated provided the CDD disposal unit is
designed with a composite liner as required by 9VAC20-80-250 B 9 and a leachate
collection system as required by 9VAC20-80-290.
9. A decomposition gas venting system or gas monitoring
program is required unless the owner or operator can demonstrate to the
department that gas formation is not a problem at the permitted landfill. A
venting system will be essential at any time the concentration of methane
generated exceeds 25% of the lower explosive limit within any structure or at
the facility boundary. When required, the control of the decomposition gases
shall be carried out in accordance with 9VAC20-80-280.
10. Final contours of the finished landfill shall be
specified. Design of final contours shall consider subsequent site uses,
existing natural contours, surface water management requirements, and the
nature of the surrounding area. The final elevation of the landfill shall be
limited by the structural capacity of the liner and leachate collection and
removal system. The final contour shall not cause structural damage or collapse
of the leachate collection system. Two survey bench marks shall be established
and maintained on the landfill site, and their locations identified or recorded
on drawings and maps of the facility.
11. A ground water monitoring system shall be installed at
all new and existing CDD landfills in accordance with the requirements of
9VAC20-80-300.
12. Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual.
13. Solid waste disposal shall be at least 50 feet from the
facility boundary.
14. All CDD landfills shall be underlain by a liner system
as follows:
a. Compacted clay:
(1) A liner consisting of at least one-foot layer of
compacted soil with a hydraulic conductivity of no more than 1x10-7
cm/sec.
(2) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
(3) The liner shall be covered with a minimum one-foot
thick drainage layer composed of material having a hydraulic conductivity of
1x10-3 cm/sec or greater (lab tested).
b. Synthetic liners:
(1) Synthetic liner consisting of a minimum 30-mil thick
flexible membrane. If high density polyethylene is used, it shall be at least
60-mil thick. Synthetic liners shall be proven to be compatible with the solid
waste and its leachate.
(2) The liner shall be placed in accordance with an
approved construction quality control/quality assurance program submitted with
the design plans.
(3) The base under the liner shall be a smooth rock-free
base or otherwise prepared to prevent causing liner failure.
(4) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
(5) The liner shall be covered with a 12-inch thick
drainage layer and a 6-inch thick protective layer, placed above the drainage
layer, both materials having a hydraulic conductivity of 1x10-3
cm/sec or greater (lab tested).
c. Other liners:
(1) Other augmented compacted clays or soils may be used as
a liner provided the thickness is equivalent and the hydraulic conductivity
will be equal to or less than that for compacted clay alone.
(2) The effectiveness of the proposed augmented soil liner
shall be documented by using appropriate laboratory tests.
(3) Shall be placed with a minimum of 2.0% slope for
leachate drainage.
d. In-place soil:
(1) Where the landfill will be separated from the ground
water by low hydraulic conductivity soil as indicated by appropriate laboratory
tests, which is natural and undisturbed, and provides equal or better
performance in protecting ground water from leachate contamination, a liner can
be developed by manipulation of the soil to form a liner with equivalent
thickness and hydraulic conductivity equal to or less than that of the clay
liner.
(2) Shall be prepared with a minimum of 2.0% slope for
leachate drainage.
e. Double liners required or used in lieu of ground water
monitoring shall include:
(1) Base preparation to protect the liner.
(2) A bottom or secondary liner which is soil, synthetic or
augmented soil as indicated in subdivisions 14 a, b, and c of this subsection.
(3) A witness or monitoring zone placed above the bottom or
secondary liner consisting of a minimum of 12-inch thick drainage layer
composed of material with a hydraulic conductivity of 1x10-3cm/sec
or greater with a network or perforated pipe, or an equivalent design.
(4) The primary liner as indicated in subdivision 14 a, b,
and c of this subsection.
(5) The primary liner shall be covered with a minimum
12-inch thick drainage layer for leachate removal and a 6-inch thick protective
layer placed above the drainage layer both materials having a hydraulic
conductivity of 1x10-3 cm/sec or greater (lab tested).
15. If five-foot separation from seasonal high ground water
can be demonstrated, a separate area may be established to receive only stumps,
brush, leaves and land clearing debris. Such an area may be constructed without
a liner or a leachate collection system, but may not receive any other solid
waste.
16. A fire break of 50 feet shall be designed around the
disposal area and all tree lines.
17. Construction quality assurance program.
a. General.
(1) A construction quality assurance (CQA) program is
required for all landfill units. The program shall ensure that the constructed
unit meets or exceeds all design criteria and specifications in the permit. The
program shall be developed and implemented under the direction of a CQA officer
who is a registered professional engineer.
(2) The CQA program shall address the following physical
components, where applicable:
(a) Foundations;
(b) Low-hydraulic conductivity soil liners;
(c) Synthetic membrane liners;
(d) Leachate collection and removal systems; and
(e) Final cover systems.
b. Written CQA plan. The owner or operator shall develop
and implement a written CQA plan. The plan shall identify steps that will be
used to monitor and document the quality of materials and the condition and
manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description
of how they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for
all unit components identified in subdivision 17 a (2) of this subsection
including observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed unit
components meet the design specifications. The description shall cover:
sampling size and locations; frequency of testing; data evaluation procedures;
acceptance and rejection criteria for construction materials; plans for
implementing corrective measures; and data or other information to be recorded.
c. Contents of program. The CQA program shall include
observations, inspections, tests, and measurements sufficient to ensure:
(1) Structural stability and integrity of all components of
the unit identified in subdivision 17 a (2) of this subsection;
(2) Proper construction of all components of the liners,
leachate collection and removal system, gas management system if required under
subdivision 9 of this subsection and final cover system, according to permit
specifications and good engineering practices, and proper installation of all
components (e.g. pipes) according to design specifications;
(3) Conformity of all materials used with design and other
material specifications; and
(4) The permeability of the liner soil. Soil liner
construction will be demonstrated on a test pad where permeability will be
confirmed using an in situ testing method.
d. Certification. Waste shall not be received in a landfill
unit until the owner or operator has submitted to the department by certified
mail or hand delivery a certification signed by the CQA officer that the
approved CQA plan has been successfully carried out and that the unit meets the
requirements of this section. Documentation supporting the CQA officer's
certification shall be submitted to the department upon request. An additional
certification is required under the provisions of 9VAC20-80-550 A 1.
C. Operation.
1. Access to a facility shall be permitted only when an
attendant is on duty and only during daylight hours, unless otherwise specified
in the permit for the facility.
2. Litter shall be confined to refuse holding and operating
areas by fencing or other suitable means.
3. Dust, odors, and vectors shall be effectively controlled
so they do not constitute nuisances or hazards.
4. Safety hazards to operating personnel shall be controlled
through an active safety program consistent with the requirements of 29 CFR
Part 1910.
5. Adequate numbers and types of properly maintained
equipment shall be available to a facility for the performance of operation. Provision
shall be made for substitute equipment to be available within 24 hours should
the former become inoperable or unavailable.
6. Open burning shall be prohibited.
7. Solid waste shall not be deposited in, nor shall it be
permitted to enter any surface waters or ground waters.
8. Salvaging may be permitted by a solid waste disposal
facility operator, but shall be controlled within a designated salvage area to
preclude interference with operation of the facility and to avoid the creation
of hazards or nuisances.
9. Reasonable records shall be maintained on the amount of
solid waste received and processed to include date, quantity by weight or
volume, and origin. Such information shall be made available to the department
for examination or use when requested.
10. Fire breaks shall be installed in layers periodically as
established in the facility permit. Such fire breaks shall consist of borrow
materials deemed suitable as intermediate cover, and shall be placed on the
top, side slopes, and working faces of the fill to a depth of at least one
foot. The requirements for fire breaks may be waived, however, if the waste
materials are non-combustible. The owner or operator shall be responsible for
extinguishing any fires that may occur at the facility. A fire control plan
will be developed that outlines the response of facility personnel to fires.
The fire control plan will be provided as an attachment to the emergency
contingency plan required under the provisions of 9VAC20-80-520 C 2 k. The fire
control plan will be available for review upon request by the public.
11. Compaction and cover requirements.
a. Waste materials shall be compacted in shallow layers
during the placement of disposal lifts to minimize differential settlement.
b. Compacted soil cover shall be applied as needed for
safety and aesthetic purposes. A minimum one-foot thick progressive cover shall
be maintained weekly such that the top of the lift is fully covered at the end
of the work week. A fire break as specified in subdivision 10 of this
subsection will be installed on the top, side slopes, and on the work face as
weekly progressive cover or as required in the facility permit. The open
working face of a landfill shall be kept as small as practicable, determined by
the tipping demand for unloading.
c. When waste deposits have reached final elevations, or
disposal activities are interrupted for 15 days or more, waste deposits shall
receive a one-foot thick intermediate cover unless soil has already been
applied in accordance with subdivision 11 b of this subsection and be graded to
prevent ponding and to accelerate surface run-off.
d. Final cover construction will be initiated in accordance
with the requirements of subdivision E 1 b of this section upon the completion
of disposal operations or when the following pertain:
(1) When operations are suspended for six months or more.
(2) Within 90 days of any area of the landfill reaching
final elevation final cover construction will be initiated in that area. The
director may approve alternate timeframes if they are specified in the
facility's closure plan.
(3) If, for any reason, the permit is terminated, cover
construction will be initiated within 90 days of termination.
e. Vegetative cover with proper support layers shall be
established and maintained on all exposed final cover material within four
months after placement, or as otherwise specified by the department when
seasonal conditions do not otherwise permit.
12. A ground water monitoring program meeting the requirements
of subsection D of this section shall be implemented.
13. Corrective Action Program. A corrective action program
meeting the requirements of 9VAC20-80-310 is required whenever the ground water
protection standard is exceeded.
14. Leachate from a solid waste disposal facility shall not
be permitted to drain or discharge into surface waters except when authorized
under a VPDES permit issued pursuant to the State Water Control Board
Regulation (9VAC25-31).
15. All items designed in accordance with the requirements
of subsection B of this section shall be properly maintained.
D. Ground water monitoring program. A ground water
monitoring program shall be instituted at all CDD landfills in accordance with
the requirements contained in 9VAC20-80-300.
E. Closure.
1. Closure criteria. All CDD landfills shall be closed in
accordance with the procedures set forth in this subdivision.
a. The owner or operator shall close his facility in a
manner that minimizes the need for further maintenance, and controls, minimizes
or eliminates the post-closure escape of uncontrolled leachate, surface runoff,
decomposition gas migration, or waste decomposition products to the ground
water, surface water, or to the atmosphere.
b. Final cover system. Except as specified in subdivision 1
c of this subsection, owner or operator of CDD landfills shall install a final
cover system that is designed to achieve the performance requirements of
subdivision 1 a of this subsection.
(1) The final cover system shall be designed and constructed
to:
(a) Have a hydraulic conductivity less than or equal to the
hydraulic conductivity of any bottom liner system or natural subsoils present,
or a hydraulic conductivity no greater than 1x10-5 cm/sec, whichever
is less; and
(b) Minimize infiltration through the closed disposal unit
by the use of an infiltration layer that contains a minimum 18 inches of
earthen material; and
(c) Minimize erosion of the final cover by the use of an
erosion layer that contains a minimum of six inches of earthen material that is
capable of sustaining native plant growth, and provide for protection of the
infiltration layer from the effects of erosion, frost, and wind.
(2) Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual. To prevent ponding of water, the top slope shall be at least two
percent after allowance for settlement.
(3) The director may approve an alternate final cover
design that includes:
(a) An infiltration layer that achieves an equivalent
reduction in infiltration as the infiltration layer specified in subdivisions b
(1) (a) and b (1) (b) of this subsection; and
(b) An erosion layer that provides equivalent protection
from wind and water erosion as the erosion layer specified in subdivision 1 b
(1) (c) of this subsection.
c. Owners or operators of units used for the disposal of
wastes consisting only of stumps, wood, brush, and leaves from landclearing
operations may apply two feet of compacted soil as final cover material in lieu
of the final cover system specified in subdivision 1 (b) (1) of this
subsection. The provisions of this section shall not be applicable to any
facility with respect to which the director has made a finding that continued
operation of the facility constitutes a threat to the public health or the
environment.
2. Closure plan and amendment of plan.
a. The owner or operator of a solid waste disposal facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility at the time when the operation will be the
most extensive and at the end of its intended life. The closure plan shall
include, at least:
(1) A description of those measures to be taken and
procedures to be employed to comply with this subsection;
(2) An estimate of the largest area ever requiring a final
cover as required at any time during the active life;
(3) An estimate of the maximum inventory of wastes ever
on-site over the active life of the landfill facility; and
(4) A schedule for final closure shall also be provided
which shall include, 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 may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan.
c. The owner or operator shall notify the department
whenever an amended closure plan has been prepared and placed in the operating
record.
d. Prior to beginning closure of each solid waste disposal
unit, the owner or operator shall notify the department of the intent to close.
e. If the owner or operator intends to use an alternate
final cover design, he shall submit a proposed design meeting the requirements
of subdivision 1 b (3) of this subsection to the department at least 180 days
before the date he expects to begin closure. The director will approve or
disapprove the plan within 90 days of receipt.
f. Closure plans, and amended closure plans not previously
approved by the director shall be submitted to the department at least 180 days
before the date the owner or operator expects to begin closure. The director
will approve or disapprove the plan within 90 days of receipt.
3. Time allowed for closure.
a. The owner or operator shall begin closure activities of
each unit no later than 30 days after the date on which the unit receives the
known final receipt of wastes or, if the unit has remaining capacity and there
is a reasonable likelihood that the unit will receive additional wastes, no
later than one year after the most recent receipt of wastes. Extensions beyond
the one-year deadline for beginning closure may be granted by the director if
the owner or operator demonstrates that the unit has the capacity to receive
additional wastes and the owner or operator has taken and will continue to take
all steps necessary to prevent threats to human health and the environment from
the unclosed unit.
b. The owner or operator shall complete closure activities
in accordance with the closure plan within six months after receiving the final
volume of wastes. The director may approve a longer closure period if the owner
or operator can demonstrate that the required or planned closure activities
will, of necessity, take longer than six months to complete; and that the owner
or operator has taken all steps to eliminate any significant threat to human
health and the environment from the unclosed but inactive facility.
4. Closure implementation.
a. The owner or operator shall close each unit with a final
cover as specified in subdivision 1 b of this subsection, grade the fill area
to prevent ponding, and provide a suitable vegetative cover. Vegetation shall
be deemed properly established when there are no large areas void of vegetation
and it is sufficient to control erosion.
b. Following construction of the final cover system for
each unit, the owner or operator shall submit to the department a
certification, signed by a registered professional engineer verifying that
closure has been completed in accordance with the closure plan requirements of
this part. This certification shall include the results of the CQA/QC
requirements under subdivision B 17 a (2) (e) of this section.
c. Following the closure of all units the owner or operator
shall:
(1) Post one sign at the entrance of the facility notifying
all persons of the closing, and the prohibition against further receipt of
waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being deposited.
(2) Within 90 days after closure is completed, the owner or
operator of a landfill shall submit to the local land recording authority a
survey plat prepared by a professional land surveyor registered by the Commonwealth
indicating the location and dimensions of landfill disposal areas. Monitoring
well locations should be included and identified by the number on the survey
plat. The plat filed with the local land recording authority shall contain a
note which states the owner's or operator's future obligation to restrict
disturbance of the site as specified.
(3) The owner of the property on which a disposal facility
is located shall record a notation on the deed to the facility property, or on
some other instrument which is normally examined during title search, notifying
any potential purchaser of the property that the land has been used to manage
solid waste. A copy of the deed notation as recorded shall be filed with the
department.
(4) Submit to the department a certification, signed by a
registered professional engineer, verifying that closure has been completed in
accordance with the requirements of subdivision 4 d (1) through 4 d (3) of this
subsection and the facility closure plan.
5. Inspection. The department shall inspect all solid waste
management units at the time of closure to confirm that the closing is complete
and adequate. It shall notify the owner of a closed facility, in writing, if
the closure is satisfactory, and shall require any construction or such other
steps necessary to bring unsatisfactory sites into compliance with this
chapter. Notification by the department that the closure is satisfactory does
not relieve the operator of responsibility for corrective action to prevent or
abate problems caused by the facility.
6. Post-closure period. The post-closure care period begins
on the date of the certification signed by a registered professional engineer
as required in subdivision 4 c (4) of this subsection. Unless a facility
completes all provisions of subdivision 4 of this subsection the department
will not consider the facility closed, and the beginning of the post-closure
care period will be postponed until all provisions have been completed. If the
department's inspection required by subdivision 5 of this subsection reveals
that the facility has not been properly closed in accordance with this part,
post closure will begin on the date that the department acknowledges proper
closure has been completed.
F. Post-closure care requirements
1. Following closure of all disposal units, the owner or
operator shall conduct post-closure care of the facility. Except as provided
under subdivision 2 of this subsection, post-closure care shall be conducted
for 10 years after the date of completing closure or for as long as leachate is
generated, whichever is later, and shall consist of at least the following:
a. Maintaining the integrity and effectiveness of any final
cover, including making repairs to the cover as necessary to correct the
effects of settlement, subsidence, erosion, or other events, and preventing
run-on and run-off from eroding or otherwise damaging the final cover;
b. Maintaining and operating the leachate collection system
in accordance with the requirements in 9VAC20-80-290 and 9VAC20-80-300, if
applicable. The director may allow the owner or operator to stop managing
leachate if the owner or operator demonstrates that leachate no longer poses a
threat to human health and the environment;
c. Monitoring the ground water in accordance with the
requirements of subsection D of this section and maintaining the ground water
monitoring system, if applicable; and
d. If applicable, maintaining and operating the gas
monitoring system in accordance with the requirements of 9VAC20-80-280.
2. The length of the post-closure care period may be:
a. Decreased by the director if the owner or operator
demonstrates that the reduced period is sufficient to protect human health and
the environment and this demonstration is approved by the director; or
b. Increased by the director if the director determines
that the lengthened period is necessary to complete the corrective measures or
to protect human health and the environment. If the post-closure period is
increased, the owner or operator shall submit a revised post-closure plan for
review and approval, and continue post-closure monitoring and maintenance in
accordance with the approved plan.
3. The owner or operator shall prepare a written
post-closure plan that includes, at a minimum, the following information:
a. A description of the monitoring and maintenance
activities required in subdivision 1 of this subsection for each disposal unit,
and the frequency at which these activities will be performed;
b. Name, address, and telephone number of the person or
office to contact about the facility during the post-closure period; and
c. A description of the planned uses of the property during
the post-closure period. Post-closure use of the property shall not disturb the
integrity of the final cover, liners, or any other components of the
containment system, or the function of the monitoring systems unless necessary
to comply with the requirements of this chapter. The director may approve any
other disturbance if the owner or operator demonstrates that disturbance of the
final cover, liner or other component of the containment system, including any
removal of waste, will not increase the potential threat to human health or the
environment.
4. The owner or operator shall submit a post-closure care
plan for review and approval by the director whenever a post-closure care plan
has been prepared or amended. Those post-closure care plans that have been
placed in a facility's operating record must be reviewed and approved by the director
prior to implementation.
5. Following completion of the post-closure care period for
each disposal unit, the owner or operator shall submit to the department a
certificate, signed by a registered professional engineer, verifying that
post-closure care has been completed in accordance with the post-closure plan.
The certificate shall be accompanied by an evaluation, prepared by a
professional engineer licensed in the Commonwealth and signed by the owner or
operator, assessing and evaluating the landfill's potential for harm to human
health and the environment in the event that post-closure monitoring and
maintenance are discontinued.
9VAC20-80-270. Industrial waste disposal facilities. (Repealed.)
Facilities intended primarily for the disposal of
nonhazardous industrial waste shall be subject to design and operational
requirements dependent on the volume and the physical, chemical, and biological
nature of the waste. Household wastes may not be disposed of in industrial
waste disposal facilities. Additional requirements, to include added ground
water and decomposition gas monitoring, may be imposed by the director
depending on the volume and the nature of the waste involved as necessary to
protect health or the environment.
A. Siting.
1. Landfills shall not be sited or constructed in areas
subject to base floods unless it can be shown that the facility can be
protected from inundation or washout and that flow of water is not restricted.
2. Landfills shall not be sited in geologically unstable
areas where inadequate foundation support for the structural components of the
landfill exists. Factors to be considered when determining unstable areas shall
include:
a. Soil conditions that may result in differential settling
and subsequent failure of containment structures;
b. Geologic or geomorphologic features that may result in
sudden or nonsudden events and subsequent failure of containment structures;
c. Man-made features or events (both surface and
subsurface) that may result in sudden or nonsudden events and subsequent
failure of containment structures;
3. Acceptable landfill sites shall have sufficient area and
terrain to allow for management of leachate.
4. No new industrial waste landfill disposal or leachate
storage unit or expansion of existing units shall extend closer than:
a. 100 feet of any regularly flowing surface water body or
river;
b. 500 feet of any well, spring or other ground water
source of drinking water;
c. One thousand feet from the nearest edge of the
right-of-way of any interstate or primary highway or 500 feet from the nearest
edge of the right-of-way of any other highway or city street, except the
following:
(1) Units which are screened by natural objects, plantings,
fences, or other appropriate means so as to minimize the visibility from the
main-traveled way of the highway or city street, or otherwise removed from
sight;
(2) Units which are located in areas which are zoned for
industrial use under authority of state law or in unzoned industrial areas as
determined by the Commonwealth Transportation Board;
(3) Units which are not visible from the main-traveled way
of the highway or city street;
NOTE: This requirement is based on § 33.1-348 of the Code
of Virginia, which should be consulted for detail. The regulatory
responsibility for this standard rests with the Virginia Department of
Transportation.
d. 200 feet from the active filling areas to any residence,
school or recreational park area; or
e. 50 feet from the active filling areas to the facility
boundary.
5. Wetlands. New industrial landfills and lateral expansions
of existing facilities shall not be located in wetlands, unless the owner or
operator can make the following demonstrations:
a. Where applicable under § 404 of the Clean Water Act or
applicable Virginia wetlands laws, the presumption is clearly rebutted that a
practicable alternative to the proposed landfill exists that does not involve
wetlands;
b. The construction and operation of the facility will not:
(1) Cause or contribute to violations of any applicable
water quality standard;
(2) Violate any applicable toxic effluent standard or
prohibition under § 307 of the Clean Water Act;
(3) Jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a
critical habitat, protected under the Endangered Species Act of 1973; and
(4) Violate any requirement under the Marine Protection, Research,
and Sanctuaries Act of 1972 for the protection of a marine sanctuary;
c. The facility will not cause or contribute to significant
degradation of wetlands. The owner or operator shall demonstrate the integrity
of the facility and its ability to protect ecological resources by addressing
the following factors:
(1) Erosion, stability, and migration potential of native
wetland soils, muds and deposits used to support the facility;
(2) Erosion, stability, and migration potential of dredged
and fill materials used to support the facility;
(3) The volume and chemical nature of the waste managed in
the facility;
(4) Impacts on fish, wildlife, and other aquatic resources
and their habitat from release of the solid waste;
(5) The potential effects of catastrophic release of waste
to the wetland and the resulting impacts on the environment; and
(6) Any additional factors, as necessary, to demonstrate
that ecological resources in the wetland are sufficiently protected;
d. To the extent required under § 404 of the Clean Water
Act or applicable Virginia wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by first
avoiding impacts to wetlands to the maximum extent practicable as required by 9VAC20-80-250
A 4, then minimizing unavoidable impacts to the maximum extent practicable, and
finally offsetting remaining unavoidable wetland impacts through all
appropriate and practicable compensatory mitigation actions (e.g., restoration
of existing degraded wetlands or creation of man-made wetlands); and
e. Sufficient information is available to make a reasonable
determination with respect to these demonstrations.
6. No new facility shall be located in areas where ground
water monitoring cannot be conducted in accordance with subsection D of this
section. Factors to be considered in determining whether or not a site can be
monitored shall include:
a. Ability to characterize the direction of ground water
flow within the uppermost aquifer;
b. Ability to characterize and define any releases from the
landfill so as to determine what corrective actions are necessary;
c. Ability to perform corrective action as necessary; and
d. Ability to install a double liner system with a leachate
collection system above the top liner and a monitoring collection system
between the two liners.
7. The following site characteristics may also prevent
approval or require substantial limitations on the site use or require
incorporation of sound engineering controls:
a. Excessive slopes (greater than 33%) over more than half
the site area;
b. Lack of readily available cover materials or lack of a
firm commitment for adequate cover material from a borrow site;
c. Springs, seeps, or other ground water intrusion into the
site;
d. The presence of gas, water, sewage, or electrical or
other transmission lines under the site; or
e. The prior existence on the site of a dump, unpermitted
landfill, lagoon, or similar unit, even if such unit is closed, will be
considered a defect in the site unless the proposed unit can be isolated from
the defect by the nature of the unit design and the ground water under the
proposed unit can be effectively monitored.
8. Specific site conditions may be considered in approving
an exemption of a site from the siting restrictions of subdivision 5 and 6 of
this subsection.
B. Design/construction. The following design and
construction requirements apply to all industrial waste landfills:
1. All facilities shall be surrounded on all sides by
natural barriers, fencing, or an equivalent means of controlling public access
and preventing illegal disposal. Except where the solid waste disposal facility
is on site of the industrial facility where access is limited, all access will
be limited to gates, and such gates shall be securable and equipped with locks.
2. Access roads to the entrance of a solid waste disposal
facility or site and to the disposal area shall be passable in all weather
conditions, and shall be provided with a base capable of withstanding anticipated
heavy vehicle loads.
3. Each off-site solid waste disposal facility should be
provided with an adequately lighted and heated shelter where operating
personnel can exercise site control and have access to essential sanitation facilities.
Lighting, heat and sanitation facilities may be provided by portable equipment
as necessary.
4. Aesthetics shall be considered in the design of a solid
waste disposal facility. Use of artificial or natural screens shall be
incorporated into the design for site screening and noise attenuation. The
design should reflect those requirements, if any, that are determined from the
long-range plan for the future use of the site.
5. All landfills should be equipped with permanent or mobile
telephone or radio communications except where other on-site resources are
available.
6. All facilities shall be designed to divert surface water
runoff from a 25-year, 24-hour storm away from disposal areas. The design shall
provide that any surface water runoff is managed so that erosion is well
controlled and environmental damage is prevented.
7. The design shall provide for leachate management which
shall include its collection, treatment, storage, and disposal and a leachate
monitoring program in accordance with 9VAC20-80-290.
8. Each landfill shall be constructed in accordance with
approved plans, which shall not be subsequently modified without approval by
the department.
9. Two survey bench marks shall be established and
maintained on the landfill site, and its location identified or recorded on
drawings and maps of the facility.
10. Compacted lifts of deposited waste shall be of a height
that is compatible with the amount received daily and the specific industrial
waste being managed keeping work face to a minimum.
11. Acceptable landfill sites shall have sufficient area and
terrain to allow for management of leachate.
12. A ground water monitoring system shall be installed at
all new and existing industrial landfills in accordance with the requirements
of 9VAC20-80-300.
13. Drainage structures shall be installed and continuously
maintained to prevent ponding and erosion, and to minimize infiltration of
water into solid waste cells.
14. All landfills shall be underlain by a liner system as
follows:
a. Compacted soil:
(1) A liner consisting of at least one-foot layer of
compacted soil with a hydraulic conductivity of no more than 1x10-7
cm/sec.
(2) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
(3) The liner shall be covered with a minimum one-foot
thick drainage layer composed of material having a hydraulic conductivity of
1x10-3 cm/sec or greater (lab tested).
b. Synthetic liners:
(1) Synthetic liner consisting of a minimum 30-mil thick
flexible membrane. If high density polyethylene is used, it shall be at least
60-mil thick. Synthetic liners shall be proven to be compatible with the solid
waste and its leachate.
(2) The liner shall be placed in accordance with an
approved construction quality control/quality assurance program submitted with
the design plans.
(3) The base under the liner shall be a smooth rock-free
base or otherwise prepared to prevent causing liner failure.
(4) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
(5) The liner shall be covered with a 12-inch thick
drainage layer for leachate removal and a six -inch thick protective layer
placed above the drainage layer, both composed of materials with a hydraulic
conductivity of 1x10-3 cm/sec or greater (lab tested).
c. Other liners:
(1) Other augmented compacted clays or soils may be used as
a liner provided the thickness is equivalent and the hydraulic conductivity
will be equal to or less than that for compacted clay alone.
(2) The effectiveness of the proposed augmented soil liner
shall be documented by using appropriate laboratory tests.
(3) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
d. In-place soil:
(1) Where the landfill will be separated from the ground
water by low hydraulic conductivity soil as indicated by appropriate laboratory
tests, which is natural and undisturbed, and provides equal or better
performance in protecting ground water from leachate contamination, a liner can
be developed by manipulation of the soil to form a liner with equivalent
thickness and hydraulic conductivity equal to or less than that of the clay
liner.
(2) The liner shall be prepared with a minimum of 2.0%
slope for leachate drainage.
e. Double liners required or used in lieu of ground water monitoring
shall include:
(1) Base preparation to protect the liner.
(2) A bottom or secondary liner which is soil, synthetic or
augmented soil as indicated in subdivision 14 a, b, c, or d of this subsection.
(3) A witness or monitoring zone placed above the bottom or
secondary liner consisting of a 12 -inch thick drainage layer composed of
material with a hydraulic conductivity of 1x10-3 cm/sec or greater
(lab tested) with a network of perforated pipe, or an equivalent design.
(4) The primary liner as indicated in subdivision 14 a, b,
or c of this subsection.
(5) The primary liner will be covered with a minimum
12-inch thick drainage layer and a six-inch thick protective layer, placed
above the drainage layer, both composed of materials having a hydraulic
conductivity of 1x10-3 cm/sec or greater (lab tested).
15. The leachate collection system shall be placed above the
top liner in accordance with the requirements of 9VAC20-80-290. Surface
impoundments or other leachate storage structures shall be so constructed that
discharge to ground water will not occur. Leachate derived from the industrial
waste landfill may be recirculated provided the disposal unit is designed with
a composite liner as required by 9VAC20-80-250 B 9 and a leachate collection
system as required by 9VAC20-80-290.
16. Final contours of the finished landfill shall be
specified. Design of final contours shall consider subsequent site uses,
existing natural contours, surface water management requirements, and the
nature of the surrounding area.
17. Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual. The top slope shall be at least 2.0% to prevent ponding of
water.
18. Each design shall include a gas management plan
developed to control decomposition gases, unless the owner or operator can
demonstrate that the chemical composition of wastes disposed clearly shows that
no gases will be generated. The plan shall address the requirements of
9VAC20-80-280.
19. Construction quality assurance program.
a. General.
(1) A construction quality assurance (CQA) program is
required for all landfill units. The program shall ensure that the constructed
unit meets or exceeds all design criteria and specifications in the permit. The
program shall be developed and implemented under the direction of a CQA officer
who is a registered professional engineer.
(2) The CQA program shall address the following physical components,
where applicable:
(a) Foundations;
(b) Low-hydraulic conductivity soil liners;
(c) Synthetic membrane liners;
(d) Leachate collection and removal systems; and
(e) Final cover systems.
b. Written CQA plan. The owner or operator shall develop
and implement a written CQA plan. The plan shall identify steps that will be
used to monitor and document the quality of materials and the condition and
manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description
of how they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for
all unit components identified in subdivision 19 a (2) of this subsection
including observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed unit
components meet the design specifications. The description shall cover:
sampling size and locations; frequency of testing; data evaluation procedures;
acceptance and rejection criteria for construction materials; plans for
implementing corrective measures; and data or other information to be recorded.
c. Contents of program. The CQA program shall include
observations, inspections, tests, and measurements sufficient to ensure:
(1) Structural stability and integrity of all components of
the unit identified in subdivision 19 a (2) of this subsection;
(2) Proper construction of all components of the liners,
leachate collection and removal system, gas management system if required under
subdivision 18 of this subsection and final cover system, according to permit
specifications and good engineering practices, and proper installation of all
components (e.g., pipes) according to design specifications;
(3) Conformity of all materials used with design and other
material specifications;
(4) The permeability of the soil liner. Soil liner
construction will be demonstrated on a test pad where permeability will be
confirmed using an in situ testing method.
d. Certification. Waste shall not be received in a landfill
unit until the owner or operator has submitted to the department by certified
mail or hand delivery a certification signed by the CQA officer that the
approved CQA plan has been successfully carried out and that the unit meets the
requirements of this section. Documentation supporting the CQA officer's
certification shall be submitted to the department upon request. An additional
certification is required under the provisions of 9VAC20-80-550 A 1
C. Operation.
1. Access to an off-site solid waste disposal facility shall
be permitted only when an attendant is on duty and during times specified in
the permit for the facility. An on-site solid waste disposal facility may
operate during the normal hours of the industrial facility it directly
supports.
2. Dust, odors, and vectors shall be effectively controlled
so they do not constitute nuisances or hazards.
3. Safety hazards to operating personnel shall be controlled
through an active safety program consistent with the requirements of 29 CFR
Part 1910.
4. Adequate numbers and types of properly maintained
equipment shall be available to a facility for the performance of operation.
Provision shall be made for substitute equipment to be available within 24
hours should the former become inoperable or unavailable.
5. Open burning shall be prohibited except pursuant to the
appropriate conditional exemptions among those listed in 9VAC20-80-180 B 7 b.
The means shall be provided on a facility to promptly extinguish any
non-permitted open burning and to provide adequate fire protection for the
solid waste disposal facility as a whole. There shall be no open burning
permitted on areas where solid waste has been disposed or is being used for
active disposal.
6. Solid waste shall not be deposited in, nor shall it be
permitted to enter any surface waters or ground waters.
7. Records of waste received from off-site sources shall be
maintained on the amount of solid waste received and processed, type of waste,
and source of waste. Such information shall be made available to the department
on request.
8. The ground water monitoring program shall be implemented
in accordance with subsection D of this section.
9. Corrective action program. A corrective action program in
accordance with 9VAC20-80-310 is required whenever the ground water protection
levels are exceeded.
10. Fugitive dust and mud deposits on main site and access
roads shall be controlled at all times to minimize nuisances.
11. Incinerator and air pollution control residues
containing no free liquids should be incorporated into the working face and
covered at such intervals as necessary to minimize them from becoming airborne.
12. Compaction and cover requirements.
a. Unless provided otherwise in the permit, solid waste
shall be spread and compacted at the working face, which shall be confined to
the smallest area practicable.
b. Lift heights shall be sized according to the volume of
waste received daily and the nature of the industrial waste. A lift height is
not required for materials such as fly ash that are not compactable.
c. Where it is appropriate for the specific waste, daily
cover consisting of six inches of compacted earth or other suitable material
shall be placed upon all exposed solid waste prior to the end of each operating
day. For wastes such as fly ash and bottom ash from burning of fossil fuels,
periodic cover to minimize exposure to precipitation and control dust or dust
control measures such as surface wetting or crusting agents shall be applied.
d. Intermediate cover of at least one foot of compacted
soil shall be applied whenever an additional lift of refuse is not to be
applied within 30 days unless the owner or operator demonstrates to the
satisfaction of the director that an alternate cover material or an alternate
schedule will be protective of public health and the environment. In the case
of facilities where coal combustion by-products are removed for beneficial use,
intermediate cover must be applied in any area where ash has not been placed or
removed for 30 days or more. Further, all areas with intermediate cover exposed
shall be inspected as needed but not less than weekly and additional cover
material shall be placed on all cracked, eroded, and uneven areas as required
to maintain the integrity of the intermediate cover system.
e. Final cover construction will be initiated in accordance
with the requirements of subsection E of this section shall be applied when the
following pertain:
(1) When an additional lift of solid waste is not to be
applied within two years.
(2) When any area of a landfill attains final elevation and
within 90 days after such elevation is reached. The director may approve a
longer period in case of inclement weather. The director may approve alternate
timeframes if they are specified in the facility's closure plan.
(3) When a landfill's permit is terminated within 90 days
of such denial or termination.
13. Vegetative cover with proper support layers shall be
established and maintained on all exposed final cover material within four
months after placement, or as otherwise specified by the department when
seasonal conditions do not otherwise permit.
14. No hazardous wastes as defined by the Virginia Hazardous
Waste Management Regulations shall be accepted at the landfill.
15. The open working face of a landfill shall be kept as
small as possible.
16. At least three days of acceptable cover soil or approved
material at the average usage rate shall be maintained at the fill at all times
at facilities where daily cover is required unless an off-site supply is
readily available on a daily basis.
17. Equipment of appropriate size and numbers shall be on site
at all times. Operators with training appropriate to the tasks they are
expected to perform and in sufficient numbers for the complexity of the site
shall be on the site whenever it is in operation. Equipment and operators
provided will not be satisfactory unless they ensure that the site is managed
with a high degree of safety and effectiveness.
18. Internal roads in the landfill shall be maintained to be
passable in all weather by ordinary vehicles. All operation areas and units
shall be accessible; gravel or other finish materials are usually required to
accomplish this. Provisions shall be made to prevent tracking of mud onto
public roads by vehicles leaving the site.
19. Leachate from a solid waste disposal facility shall not
be permitted to drain or discharge into surface waters except when authorized
under a VPDES Permit issued pursuant to the State Water Control Board
Regulation (9VAC25-31).
D. Ground water monitoring program. Ground water monitoring
program shall be instituted at all industrial waste landfills in accordance
with the requirements contained in 9VAC20-80-300.
E. Closure.
1. Closure criteria. All industrial waste landfills shall be
closed in accordance with the procedures set forth as follows:
a. The owner or operator shall close his facility in a
manner that minimizes the need for further maintenance, and controls the
post-closure escape of uncontrolled leachate, surface runoff, or waste
decomposition products to the ground water, surface water, or to the
atmosphere.
b. Owner or operator of all industrial landfills shall
install a final cover system that is designed to achieve the performance
requirements of subdivision 1 a of this subsection.
(1) The final cover system shall be designed and constructed
to:
(a) Have a hydraulic conductivity less than or equal to the
hydraulic conductivity of any bottom liner system or natural subsoils present,
or a hydraulic conductivity no greater than 1x10-5 cm/sec, whichever
is less; and
(b) Minimize infiltration through the closed disposal unit
by the use of an infiltration layer that contains a minimum 18 inches of
earthen material; and
(c) Minimize erosion of the final cover by the use of an
erosion layer that contains a minimum of six inches of earthen material that is
capable of sustaining native plant growth, and provide for protection of the
infiltration layer from the effects of erosion, frost, and wind.
(2) Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual.
(3) The director may approve an alternate final cover
design that includes:
(a) An infiltration layer that achieves an equivalent
reduction in infiltration as the infiltration layer specified in subdivisions 1
b (1) (a) and (b) of this subsection; and
(b) An erosion layer that provides equivalent protection
from wind and water erosion as the erosion layer specified in subdivision 1 b
(1) (c) of this subsection.
2. Closure plan and amendment of plan.
a. The owner or operator of a solid waste disposal facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility at the time when the operation will be the
most extensive and at the end of its intended life. The closure plan shall
include, at least:
(1) A description of those measures and procedures to be
employed to comply with this subsection;
(2) An estimate of the largest area ever requiring a final
cover as required at any time during the active life;
(3) An estimate of the maximum inventory of wastes ever
on-site over the active life of the landfill facility; and
(4) A schedule for final closure shall also be provided
which shall include, 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 may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affect
the closure plan. The amended closure plan shall be placed in the operating record.
c. The owner or operator shall notify the department
whenever an amended closure plan has been prepared and placed in the operating
record.
d. Prior to beginning closure of each solid waste disposal
unit, the owner or operator shall notify the department of the intent to close.
e. If the owner or operator intends to use an alternate
final cover design, he shall submit a proposed design meeting the requirements
of subdivision 1 b (3) of this subsection to the department at least 180 days
before the date he expects to begin closure. The director will approve or
disapprove the plan within 90 days of receipt.
f. Closure plans, and amended closure plans not previously
approved by the director shall be submitted to the department at least 180 days
before the date the owner or operator expects to begin closure. The director
will approve or disapprove the plan within 90 days of receipt.
3. Time allowed for closure.
a. The owner or operator shall begin closure activities of
each unit no later than 30 days after the date on which the unit receives the
known final receipt of wastes or, if the unit has remaining capacity and there
is a reasonable likelihood that the unit will receive additional wastes, no
later than one year after the most recent receipt of wastes. Extensions beyond
the one-year deadline for beginning closure may be granted by the director if
the owner or operator demonstrates that the unit has the capacity to receive
additional wastes and the owner or operator has taken and will continue to take
all steps necessary to prevent threats to human health and the environment from
the unclosed unit.
b. 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. The director may approve a longer closure period if the
owner or operator can demonstrate that the required or planned closure
activities will, of necessity, take longer than six months to complete; and
that he has taken all steps to eliminate any significant threat to human health
and the environment from the unclosed but inactive facility.
4. Closure implementation.
a. The owner or operator shall close each unit with a final
cover as specified in subdivision 1 b of this subsection, grade the fill area
to prevent ponding, and provide a suitable vegetative cover. Vegetation shall
be deemed properly established when there are no large areas void of vegetation
and it is sufficient to control erosion.
b. Following construction of the final cover system for
each unit, the owner or operator shall submit to the department a
certification, signed by a registered professional engineer verifying that
closure has been completed in accordance with the closure plan requirements of
this part. This certification shall include the results of the CQA/QC
requirements under subdivision B 19 a (2) (e) of this section.
c. Following the closure of all units the owner or operator
shall:
(1) Post one sign at the entrance of the facility notifying
all persons of the closing, and providing a notice prohibiting further receipt
of waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being deposited.
(2) Within 90 days after closure is completed, submit to
the local land recording authority a survey plat indicating the location and
dimensions of landfill disposal areas prepared by a professional land surveyor
registered by the Commonwealth. Monitoring well locations should be included
and identified by the number on the survey plat. The plat filed with the local
land recording authority shall contain a note, prominently displayed, which
states the owner's or operator's future obligation to restrict disturbance of
the site as specified.
(3) The owner of the property on which a solid waste
disposal facility is located shall record a notation on the deed to the
facility property, or on some other instrument which is normally examined
during title search, notifying any potential purchaser of the property that the
land has been used to manage solid waste. A copy of the deed notation as
recorded shall be filed with the department.
(4) Submit to the department a certification, signed by a
registered professional engineer, verifying that closure has been completed in
accordance with the requirements of subdivision 4 c (1) through (3) of this
subsection and the facility closure plan.
5. Inspection. The department shall inspect all solid waste
management units at the time of closure to confirm that the closing is complete
and adequate. It shall notify the owner of a closed facility, in writing, if
the closure is satisfactory, and shall require any construction or such other
steps necessary to bring unsatisfactory sites into compliance with these
regulations. Notification by the department that the closure is satisfactory
does not relieve the operator of responsibility for corrective action to
prevent or abate problems caused by the facility.
6. Post-closure period. The post-closure care period begins
on the date of the certification signed by a registered professional engineer
as required in subdivision 4 c (4) of this subsection. Unless a facility
completes all provisions of subdivision 4 of this subsection, the department
will not consider the facility closed, and the beginning of the post-closure
care period will be postponed until all provisions have been completed. If the
department's inspection required by subdivision 5 of this subsection reveals
that the facility has not been properly closed in accordance with this part,
post-closure will begin on the date that the department acknowledges proper
closure has been completed.
F. Post-closure care requirements.
1. Following closure of all disposal units, the owner or
operator shall conduct post-closure care of the facility. Except as provided
under subdivision 2 of this subsection, post-closure care shall be conducted
for 10 years after the date of closure or for as long as leachate is generated,
whichever is later, and shall consist of at least the following:
a. Maintaining the integrity and effectiveness of any final
cover, including making repairs to the cover as necessary to correct the
effects of settlement, subsidence, erosion, or other events, and preventing
run-on and run-off from eroding or otherwise damaging the final cover;
b. Maintaining and operating the leachate collection system
in accordance with the requirements in 9VAC20-80-290 and 9VAC20-80-300. The
director may allow the owner or operator to stop managing leachate if the owner
or operator demonstrates that leachate no longer poses a threat to human health
and the environment;
c. Monitoring the ground water in accordance with the
requirements of subsection D of this section and maintaining the ground water
monitoring system; and
d. If applicable, maintaining and operating the gas
monitoring system in accordance with the requirements of 9VAC20-80-280.
2. The length of the post-closure care period may be:
a. Decreased by the director if the owner or operator
demonstrates that the reduced period is sufficient to protect human health and
the environment and this demonstration is approved by the director; or
b. Increased by the director if the director determines
that the lengthened period is necessary to complete the corrective measures or
to protect human health and the environment. If the post-closure period is
increased, the owner or operator shall submit a revised post-closure plan for
review and approval, and continue post-closure monitoring and maintenance in
accordance with the approved plan.
3. The owner or operator shall prepare a written
post-closure plan that includes, at a minimum, the following information:
a. A description of the monitoring and maintenance
activities required in subdivision 1 of this subsection for each disposal unit,
and the frequency at which these activities will be performed;
b. Name, address, and telephone number of the person or
office to contact about the facility during the post-closure period; and
c. A description of the planned uses of the property during
the post-closure period. Post-closure use of the property shall not disturb the
integrity of the final cover, liners, or any other components of the
containment system, or the function of the monitoring systems unless necessary
to comply with the requirements of this chapter. The director may approve any
other disturbance if the owner or operator demonstrates that disturbance of the
final cover, liner or other component of the containment system, including any
removal of waste, will not increase the potential threat to human health or the
environment.
4. The owner or operator shall submit a post-closure care
plan for review and approval by the director whenever a post-closure care plan
has been prepared or amended. Those post-closure care plans that have been
placed in a facility's operating record must be reviewed and approved by the
director prior to implementation.
5. Following completion of the post-closure care period for
each disposal unit, the owner or operator shall submit to the department a certificate,
signed by a registered professional engineer, verifying that post-closure care
has been completed in accordance with the post-closure plan. The certificate
shall be accompanied by an evaluation, prepared by a professional engineer
licensed in the Commonwealth and signed by the owner or operator, assessing and
evaluating the landfill's potential for harm to human health and the
environment in the event that post-closure monitoring and maintenance are
discontinued.
9VAC20-80-280. Control of decomposition gases.(Repealed.)
Owners or operators of solid waste disposal facilities
shall develop a gas management plan in accordance with this section. Venting
and control of decomposition gases shall be implemented for all sanitary
landfills under 9VAC20-80-250 B and other landfills where required under
9VAC20-80-260 B 9 or 9VAC20-80-270 B 18 to protect the facility cap, and to
prevent migration into structures or beyond the facility boundary. The contents
of the plan shall also reflect the requirements contained in 40 CFR 60.33c and
40 CFR 60.750 (Standards of performance for new and guidelines for control of
existing municipal solid waste landfills) and 9VAC5-40-5800, as appropriate.
A. General requirements.
1. To provide for the protection of public health and
safety, and the environment, the operator shall ensure that decomposition gases
generated at a facility are controlled during the periods of operation, closure
and post-closure care, in accordance with the following requirements:
a. The concentration of methane gas generated by the
facility shall not exceed 25% of the lower explosive limit (LEL) for methane in
facility structures (excluding gas control or recovery system components); and
b. The concentration of methane gas migrating from the
landfill shall not exceed the lower explosive limit for methane at the facility
boundary.
2. The program implemented pursuant to subsections B through
E of this section shall continue throughout the active life of the facility and
the closure and post-closure care periods or until the operator receives
written authorization by the department to discontinue. Authorization to cease
gas monitoring and control shall be based on a demonstration by the operator
that there is no potential for gas migration beyond the facility boundary or
into facility structures.
3. Gas monitoring and control systems shall be modified,
during the closure and post-closure maintenance period, to reflect changing
on-site and adjacent land uses. Post closure land use at the site shall not
interfere with the function of gas monitoring and control systems.
4. The operator may request a reduction of monitoring or
control activities based upon the results of collected monitoring data. The
request for reduction of monitoring or control activities shall be submitted in
writing to the department.
B. Gas monitoring. Subject to the preconditions in
9VAC20-80-250 B, 9VAC20-80-260 B 9, and 9VAC20-80-270 B 18, the operator shall
implement a gas monitoring program at the facility in accordance with the
following requirements:
1. The gas monitoring network shall be designed to ensure
detection of the presence of decomposition gas migrating beyond the landfill
facility boundary and into facility structures.
2. The monitoring network shall be designed to account for
the following specific site characteristics, and potential migration pathways
or barriers, including, but not limited to:
a. Local soil and rock conditions;
b. Hydrogeological and hydraulic conditions surrounding the
facility;
c. Locations of buildings and structures relative to the
waste deposit area;
d. Adjacent land use, and inhabitable structures within
1000 feet of the landfill facility boundary;
e. Man-made pathways, such as underground construction; and
f. The nature and age of waste and its potential to
generate decomposition gas.
3. Owners or operators of certain large sanitary landfills
and landfills located in non-attainment areas may be required to perform
additional monitoring as provided in 40 CFR 60.33c, 40 CFR 60.750, and
9VAC5-40-5800.
4. At a minimum, the gas monitoring frequency shall be
quarterly. The department may require more frequent monitoring at locations
where monitoring results indicate gas migration or gas accumulation in devices
or structures designed to detect migrating gas.
C. Gas remediation.
1. When the gas monitoring results indicate concentrations
of methane in excess of the action levels, 25% of the lower explosive limit
(LEL) for methane in facility structures (excluding gas control or recovery
system components) or 80% of the LEL for methane at the facility boundary, the
operator shall:
a. Take all immediate steps necessary to protect public
health and safety including those required by the contingency plan.
b. Notify the department in a written statement within five
working days of learning that action levels have been exceeded, and indicate
what has been done or is planned to be done to resolve the problem.
2. When the gas monitoring results indicate concentrations
of methane in excess of the compliance levels, 25% of the LEL for methane in
facility structures (excluding gas control or recovery system components) or
the LEL for methane at the facility boundary, the operator shall, within 60
days of detection, implement a remediation plan for the methane gas releases
and submit it to the department for amendment of the facility permit. The plan
shall describe the nature and extent of the problem and the proposed remedy.
The plan shall include an implementation schedule specifying timeframes for
implementing corrective actions, an evaluation of the effectiveness of such
corrective actions, and milestones for proceeding in implementation of
additional corrective actions, if necessary to reestablish compliance.
3. A gas remediation system shall:
a. Prevent methane accumulation in onsite structures.
b. Reduce methane concentrations at monitored property
boundaries to below compliance levels in the timeframes specified in the gas
remediation plan.
c. Provide for the collection and treatment and/or disposal
of decomposition gas condensate produced at the surface. Condensate generated
from gas control systems may be recirculated into the landfill provided the
facility complies with the liner and leachate control systems requirements of
this part. Condensate collected in condensate traps and drained by gravity into
the waste mass will not be considered recirculation.
4. Extensive systems to control emissions of nonmethane
organic compounds may be required under the Clean Air Act (40 CFR 60.33c and 40
CFR 60.750) and 9VAC5-40-5800. Facilities that are required to construct and
operate systems designed to comply with those regulations will be considered to
be in compliance with the requirements of subdivisions 3 a and b of this
subsection, unless monitoring data continues to indicate an exceedance of
compliance levels. Gas control systems also may be subject to the Virginia
Operating Permits for Stationary Sources Program (9VAC5-80) or other state air
pollution control regulations.
5. The facility shall notify the department of an initial
exceedance of the compliance level or unusual condition that may endanger human
health and the environment, in accordance with 9VAC20-80-570 C 3, such as when
an active gas remediation system is no longer operating in such a manner as to
maintain compliance with this section.
D. Odor management.
1. When an odor nuisance or hazard is created under normal operating
conditions and upon notification from the department, the permittee shall
within 90 days develop and implement an odor management plan to address odors
that may impact citizens beyond the facility boundaries. The permittee shall
place the plan in the operating record and a copy shall be submitted to the
department for its records. Odor management plans developed in accordance with
Virginia Air Regulations (9VAC5-40-140), 9VAC5-50-140 or other state air
pollution control regulations will suffice for the provisions of this
subsection.
2. The plan shall identify a contact at the facility that
citizens can notify about odor concerns.
3. Facilities shall perform and document an annual review
and update the odor management plan, as necessary, to address ongoing odor
management issues.
E. Recordkeeping. The owner or operator shall keep the
records of the results of gas monitoring and any gas remediation issues
throughout the active life of the facility and the post-closure care period.
The records shall include:
1. The concentrations of the methane as measured at each
probe and within each on-site structure;
2. The documentation of date, time, barometric pressure,
atmospheric temperatures, general weather conditions, and probe pressures;
3. The names of sampling personnel, apparatus utilized, and
a brief description of the methods used;
4. A numbering system to correlate monitoring results to a
corresponding probe location;
5. Monitoring and design records for any gas remediation or
control system.
9VAC20-80-290. Leachate control system and monitoring. (Repealed.)
A. Design plan. The design shall contain a plan for
leachate collection, storage and treatment. The plan shall include the
following:
1. An estimate of the quality and quantity of leachate to be
produced annually by the facility. The estimate shall include the 30-day
leachate volume and average flow rate of each month of the year. A separate
estimate shall be submitted for anticipated leachate generation at the end of
five-year increments of operation for 20 years, or until closure, whichever
date is earlier. For existing facilities, current leachate generation shall be
included with this separate estimate.
2. Plans, designs and cross sections for the proposed
collection and handling system.
3. Plans, designs and cross sections for onsite leachate
storage or treatment systems, including system appurtenances for storage,
pretreatment or treatment of leachate from the facility.
4. In the case of a CDD landfill, leachate storage and
treatment may be specified in a contingency plan. Such plan shall be
implemented within 90 days of leachate development or notice by the department
that implementation is required. Interim storage of leachate in leak proof
containers or management of leachate during the 90 days shall also be detailed
in the contingency plan.
B. The leachate collection system shall be designed and
placed:
1. To prevent causing failure of the liner;
2. To filter and prevent migration of fines to the drainage
layer from above; and
3. So that no more than one foot head of leachate may
accumulate over the liner at its lowest point excluding manifold trenches and
sumps.
C. The tanks or impoundments used for storage of leachate
shall have a flow equalization and surge capacity at least equal to the maximum
expected production of leachate for any seven-day period for the life of the
facility estimated under subdivision A 1 of this subsection. Leachate storage
capacity may not be considered to include leachate that may have collected in
or on the liner system. The storage tanks and impoundments shall be aerated as
necessary to prevent and control odors. Leachate storage impoundments shall be
equipped with a liner system that shall provide equal or greater protection of
human health and the environment than that provided by the liner of the cells
producing the leachate. At a minimum, a synthetic component will be required.
D. The collected leachate (in the order of preference)
shall be:
1. Discharged directly or after pre-treatment into a line
leading to the publicly owned treatment works or other permitted wastewater
treatment facility;
2. Transported by a vehicle to an off-site permitted
wastewater treatment facility;
3. Recirculated within the landfill, provided that the irrigated
area is underlain by a composite liner and that the operation causes no odors,
runoff or ponding; or
4. Treated on-site and discharged into surface water when
authorized under VPDES permit issued by the State Water Control Board or
otherwise approved by that agency.
E. The collected leachate shall not be discharged to an
underground drain field.
9VAC20-80-300. Ground water monitoring program. (Repealed.)
A. General ground water requirements.
1. Applicability.
a. Owners or operators of all existing landfills shall be
in compliance with the ground water monitoring requirements specified in this
section, except as provided for in subdivision 1 c of this subsection.
b. Owners or operators of new facilities shall be in
compliance with the ground water monitoring requirements specified in this section
before waste can be placed in the landfill except as provided for in
subdivision 1 c of this subsection.
c. Ground water monitoring requirements under this
subsection may be suspended by the director for a landfill unit or facility if
the owner or operator can demonstrate that there is no potential for migration
of constituents of solid wastes listed in Table 5.1 to the uppermost aquifer
during the active life of the unit and the post-closure care period. This
demonstration shall be certified by a qualified ground water scientist and
shall be based upon:
(1) Site-specific field collected measurements, sampling
and analysis of physical, chemical, and biological processes affecting
contaminant fate and transport; and
(2) Contaminant fate and transport predictions that
maximize contaminant migration and consider impacts on human health and the
environment.
2. General requirements.
a. Owners or operators of all landfills shall implement a
ground water monitoring program capable of determining the facility's impact on
the quality of ground water in the uppermost aquifer underlying the facility.
b. Owners or operators shall install, operate, and maintain
a ground water monitoring system that meets the requirements of subdivision 3
of this subsection and shall comply with all other applicable requirements of
this section. This ground water monitoring shall be carried out during the
active life of the facility and during the post-closure care period.
c. The ground water monitoring and reporting requirements
set forth here are minimum requirements. The director may require, by amending
the permit as allowed under 9VAC20-80-620 E, any owner or operator to install,
operate and maintain a ground water monitoring system and conduct a monitoring
program that contains requirements more stringent than this chapter imposes,
whenever he determines that such requirements are necessary to prevent
significant adverse effects on public health and the environment.
3. Ground water monitoring system.
a. A ground water monitoring system shall be installed
consisting of a sufficient number of wells, at appropriate locations and
depths, capable of yielding ground water samples from the uppermost aquifer
that:
(1) Represent the quality of background ground water that
has not been affected by a release from the waste management unit; and
(2) Represent the quality of ground water at the waste
management unit boundary. The downgradient monitoring system shall be installed
at the waste management unit boundary that ensures detection of ground water
contamination in the uppermost aquifer unless a variance has been granted by
the director under 9VAC20-80-770. When physical obstacles preclude installation
of ground water monitoring wells at the waste management unit boundary, the downgradient
monitoring system may be installed at the closest practicable distance
hydraulically downgradient from the boundary that ensures detection of ground
water contamination in the uppermost aquifer.
b. The director may approve a multi-unit ground water
monitoring system instead of separate ground water monitoring systems for each
waste management unit when the facility has several units, provided the
multi-unit ground water monitoring system meets the requirement of subdivision
3 a of this subsection and will be as protective of human health and the
environment as individual monitoring systems for each waste disposal unit,
based on the following factors:
(1) Number, spacing, and orientation of the waste
management units;
(2) Hydrogeologic setting;
(3) Site history;
(4) Engineering design of the waste management units; and
(5) Type of waste accepted at the waste management units.
c. All monitoring wells of a size adequate for sampling
shall be cased and grouted in a manner that maintains the integrity of the
monitoring well bore hole. This casing shall be screened or perforated, and
packed with gravel or sand where necessary, to enable sample collection at
depths where appropriate aquifer flow zones exist. The annular space above the
sampling depth shall be sealed with a suitable material to prevent
contamination of samples and the ground water.
d. A log shall be made of each newly installed monitoring
well describing the soils or rock encountered, and the hydraulic conductivity
of formations. A copy of the final logs with appropriate maps, including at a
minimum a site plan showing the location of all monitoring wells, shall be sent
to the department with the certification required under subdivision 3 f (3) of
this subsection.
e. The monitoring wells, piezometers, and other
measurement, sampling, and analytical devices shall be operated and maintained
so that they perform to design specifications throughout the life of the ground
water monitoring program.
f. The number, spacing, and depths of monitoring wells
shall be:
(1) Determined based upon site-specific technical
information that shall include thorough characterization of:
(a) Aquifer thickness, ground water flow rate, ground water
flow direction including seasonal and temporal fluctuations in ground water
flow; and
(b) Saturated and unsaturated geologic units and fill
materials overlying the uppermost aquifer, materials comprising the uppermost
aquifer, and materials comprising the confining unit defining the lower
boundary of the uppermost aquifer, including, but not limited to, thicknesses,
stratigraphy, lithology, hydraulic conductivities, porosities and effective
porosities.
(2) At least one upgradient and three downgradient monitoring
wells shall be required within a compliance network.
(3) Certified by a qualified ground water scientist noting
that the wells have been installed in accordance with the plans submitted under
the provisions of subdivision 3 d of this subsection within 30 days of well
installation. Within 14 days of this certification, the owner or operator shall
transmit the certification to the department.
4. Sampling and analysis. The ground water sampling and
analysis requirements for the ground water monitoring system are as follows:
a. The ground water monitoring program shall include
consistent field sampling and laboratory analysis procedures that are designed
to ensure monitoring results that provide an accurate representation of the
ground water quality at the background and downgradient wells. At a minimum the
program shall include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures;
(4) Chain of custody control; and
(5) Quality assurance and quality control.
b. The ground water monitoring program shall include
sampling and analytical methods that are appropriate for ground water sampling
and that accurately measure solid waste constituents in ground water samples.
The sampling, analysis and quality control/quality assurance methods set forth
in EPA document SW-846 shall be used. The department may require resampling if
it believes the samples were not properly sampled or analyzed.
c. Ground water elevations at each monitoring well shall be
determined immediately prior to purging each time a sample is obtained. The
owner or operator shall determine the rate and direction of ground water flow
each time ground water is sampled. Ground water elevations in wells that
monitor the same waste management area shall be measured within a period of
time short enough to avoid temporal variations in ground water flow, which
could preclude accurate determination of ground water flow rate and direction.
d. The owner or operator shall establish background ground
water quality in a hydraulically upgradient or background well, or wells, for
each of the monitoring parameters or constituents required in the particular
ground water monitoring program that applies to the waste disposal unit, as
determined under subsections B and C of this section. Background ground water
quality may be established at wells that are not located hydraulically
upgradient from the disposal unit if they meet the requirements of subdivision
4 e of this subsection.
e. A determination of background quality may be based on
sampling of wells that are not upgradient from the waste management area where:
(1) Hydrogeologic conditions do not allow the owner or
operator to determine what wells are upgradient; and
(2) Sampling at other wells will provide an indication of
background ground water quality that is as representative or more
representative than that provided by the upgradient wells.
f. The number of samples collected to establish ground
water quality data shall be consistent with the appropriate statistical
procedures determined pursuant to subdivision 4 g of this subsection.
g. The owner or operator shall specify in the ground water
monitoring plan one of the statistical methods listed in subsection D to be
used in evaluating ground water monitoring data for each monitoring parameter
or constituent. The statistical test chosen shall be conducted separately for
each parameter or constituent in each well.
NOTE: It may be necessary to substitute a statistical
method if the original does not meet the performance standard.
h. The owner or operator shall determine whether or not
there is a statistically significant increase (or decrease for pH) over
background values for each parameter or constituent required in the particular
ground water monitoring program that applies to the waste disposal unit, as
determined under subsection B or C of this section.
(1) In determining whether a statistically significant
increase (or decrease for pH) has occurred, the owner or operator shall compare
the ground water quality of each parameter or constituent at each monitoring
well, designated pursuant to subdivision 3 a (2) of this subsection, to the
background value of that constituent. Comparisons will be made according to the
statistical procedures and performance standards specified in subsection D of
this section.
(2) Within 30 days after completing sampling and analysis,
the owner or operator shall determine whether there has been a statistically
significant increase or decrease for pH over background at each monitoring
well.
5. Alternate source demonstration.
a. As a result of the statistically significant increase
specified in 9VAC20-80-300 B 2 b, C 3 d(2), or C 4 b (3)(b) or the notification
required in 9VAC20-80-300 B 3 g or C 4 e (3), the owner or operator may choose
to submit an Alternate Source Demonstration report to the department that
demonstrates that a source other than the landfill unit caused the statistical
exceedance, or that the exceedance resulted from error in sampling, analysis,
or evaluation. A successful demonstration must be made within 90 days of noting
a statistically significant increase. The director may approve a longer
timeframe for submittal and approval of the Alternate Source Demonstration with
appropriate justification. The Alternate Source Demonstration shall be
certified by a qualified ground water scientist.
b. Based on the information submitted in accordance with
subdivision 5 a of this subsection, the director will:
(1) In case of the successful demonstration of an error in
sampling, analysis or evaluation, allow the owner or operator to continue
monitoring ground water in accordance with the monitoring program in place at
the time of the statistical exceedance;
(2) In the case of a successful demonstration of an
alternate source for the release (i.e., off-site source or natural variability
in the aquifer matrix) require changes in the ground water monitoring system
that will correctly reflect the ground water conditions and allow the owner or
operator to continue monitoring ground water in accordance with the monitoring
program in place at the time of the statistical exceedance.
(a) Any required changes to the monitoring system shall be
completed prior to the next regularly scheduled ground water monitoring event.
(b) Any modifications to the monitoring system must be
submitted to the department as an application for a permit amendment under
9VAC20-80-620 within 90 days of the approval of the alternate source
demonstration;
(3) In the case of an unsuccessful Alternate Source
Demonstration, require the owner or operator to continue actions for
unsuccessful determinations under subdivision B 2 d, B 3 g (1), C 4 b (3)(c),
or C 4 e(3)(a) of this section as appropriate.
B. Monitoring for sanitary landfills.
1. Applicability.
a. Except for those sanitary landfills identified in
subsection C 1 of this section existing sanitary landfills facilities and
closed facilities that have accepted waste on or after October 9, 1993, and in
the case of a "small landfill" on or after April 9, 1994, shall be in
compliance with the detection monitoring requirements specified in subdivision
2 of this subsection by May 23, 2001;
b. Facilities placed in operation after October 9, 1993,
shall be in compliance with the detection monitoring requirements specified in
subdivision 2 of this subsection before waste can be placed in the unit.
c. Unless an extension to the deadline above has been
granted by the director, closed facilities that have ceased to accept any waste
on or before October 9, 1993, and in the case of a "small landfill"
before April 9, 1994, may comply with the monitoring requirements specified in
section C.
d. Owners or operators of disposal facilities not subject
to the federal ground water monitoring requirements prescribed under 40 CFR
Parts 257 and 258 will perform the ground water monitoring described in section
C.
e. Owners or operators of sanitary landfills that accepted
waste after June 30, 1999 must perform quarterly ground water monitoring unless
the director determines that less frequent monitoring is necessary consistent
with the requirements of the special provisions regarding wetlands in §
10.1-1408.5 of the Code of Virginia. This requirement will not limit the
authority of the Waste Management Board or the director to require more
frequent monitoring.
2. Detection monitoring. Detection monitoring is required at
all sanitary landfills except as otherwise provided in subdivisions 1 and 3 of
this subsection.
a. The monitoring frequency for all constituents listed in
Table 5.5 shall be as follows:
(1) Initial sampling event. A minimum of four independent
samples from each well (background and downgradient) shall be collected and
analyzed for the Table 5.5 constituents during the first quarterly or
semiannual sampling period. The semiannual sampling period shall not exceed 180
days.
(2) Subsequent sampling events. At least one sample from
each well (background and downgradient) shall be collected and analyzed during
subsequent semiannual sampling or quarterly events, as required under the
provisions of subdivision B 1 e of this subsection, during the active life of
the facility and during the post-closure period.
(3) Alternate sampling events. The director may specify an
appropriate alternate frequency for repeated sampling and analysis during the
active life (including closure) and the post-closure care period. The alternate
frequency during the active life (including closure) and the post-closure
period shall be no less than annual. The alternate frequency shall be based on
consideration of the following factors:
(a) Lithology of the aquifer and unsaturated zone;
(b) Hydraulic conductivity of the aquifer and unsaturated
zone;
(c) Ground water flow rates;
(d) Minimum distance between upgradient edge of the
disposal unit and downgradient monitoring well screen (minimum distance of
travel); and
(e) Resource value of the aquifer.
b. If the owner or operator determines that there is a
statistically significant increase over background as determined by a method
meeting the requirements of subsection D for one or more of the constituents
listed in Table 5.5 at any monitoring well at the waste management unit
boundary specified under subdivision A 3 a (2) of this subsection, the owner or
operator shall:
(1) Within 14 days of this finding, notify the department
of this fact, indicating which constituents have shown statistically
significant changes from background levels; and
(2) Within 90 days, establish an assessment monitoring
program meeting the requirements of subdivision 3 of this subsection except as
provided for in subdivision 2 c of this subsection.
c. The owner or operator may submit an Alternate Source
Demonstration as specified in 9VAC20-80-300 A 5.
d. If, after 90 days, a successful demonstration is not
made, the owner or operator shall initiate an assessment monitoring program as
required in subdivision 3 of this subsection. The 90-day period may be extended
by the director for good cause.
3. Assessment monitoring program.
a. Unless exempt under subdivision 1 c of this subsection,
the owner or operator shall implement the assessment monitoring program
whenever a statistically significant increase over background has been detected
for one or more of the constituents listed in Table 5.5.
b. Within 90 days of triggering an assessment monitoring
program as required under the provisions of subdivision 2 b (2) of this
subsection, and annually thereafter, the owner or operator shall sample and analyze
the ground water for all constituents identified in Table 5.1. A minimum of one
sample from each well specified in subdivisions A 3 a (1) and (2) of this
subsection shall be collected and analyzed during each sampling event. The
director may approve an appropriate subset of monitoring wells to be sampled
and analyzed for Table 5.1 constituents during assessment monitoring. The
director may delete any of the Table 5.1 monitoring parameters for a landfill
unit if the owner or operator demonstrates that the deleted constituents are
not reasonably expected to be in or derived from the waste contained in the
unit.
c. The director may specify an appropriate alternate
frequency for repeated sampling and analysis for the full set of Table 5.1
constituents required by subdivision 3 b of this subsection during the active
life (including closure) and post-closure care of the unit considering the
following factors:
(1) Lithology of the aquifer and unsaturated zone;
(2) Hydraulic conductivity of the aquifer and unsaturated
zone;
(3) Ground water flow rates;
(4) Minimum distance between upgradient edge of the
disposal unit and downgradient monitoring well screen (minimum distance of
travel);
(5) Resource value of the aquifer; and
(6) Nature (fate and transport) of any constituents
detected in response to subdivision 3 of this section.
d. After obtaining the results from the initial or
subsequent sampling events required in subdivision 3 b of this subsection, the
owner or operator shall:
(1) Within 14 days, notify the director identifying the
Table 5.1 constituents that have been detected and place a copy in the
facility's operating record;
(2) Within 90 days, and on at least a semiannual basis
thereafter, resample all wells, conduct analyses for all constituents in Table
5.5, and for those constituents in Table 5.1 that are detected in response to
subdivision 3 b of this subsection, and record their concentrations in the
facility operating record. At least one sample from each well (background and
downgradient) shall be collected and analyzed during these sampling events;
(3) Within 180 days, establish background concentrations
for any constituents detected pursuant to subdivision 3 b of this subsection. A
minimum of four independent samples from each well (background and
downgradient) shall be collected and analyzed to establish background for the
detected constituents; and
(4) Within 180 days, submit proposed ground water
protection standards for all constituents detected pursuant to subdivision 3 b
of this subsection. The ground water protection standards shall be approved by
the director in accordance with subdivision 3 h or i of this subsection and
placed in the facility's operating record.
(a) No later than 60 days after approval of GPS in
accordance with subdivision 3 i of this subsection, the owner or operator shall
submit an updated Ground Water Monitoring Plan that details the site monitoring
well network and sampling and analysis procedures undertaken during ground
water monitoring events.
(b) No later than 30 days after the submission of the
Ground Water Monitoring Plan, the owner or operator shall request a permit
amendment to incorporate the plan and related ground water monitoring modules
into the facility's permit in accordance with 9VAC20-80-620.
(c) If the 30-day timeframe specified in subdivision 3 d
(4) (b) of this subsection is exceeded, the director will modify the permit in
accordance with 9VAC20-80-620 E.
(d) For subdivisions (a) and (b) of this subdivision, the
director may waive the requirement for a permit amendment if the Ground Water
Monitoring Plan included in the facility's permit reflects current site
conditions in accordance with the regulations.
e. If the concentrations of all Table 5.1 constituents are
shown to be at or below background values, using the statistical procedures in
subsection D, for two consecutive Table 5.1 sampling events, the owner or
operator shall notify the director of this finding and may return to detection
monitoring.
f. If the concentrations of any Table 5.1 constituents are
above background values, but all concentrations are below the ground water
protection standard established under subdivision 3 h or i of this subsection,
using the statistical procedures in subsection D, the owner or operator shall continue
assessment monitoring in accordance with this section.
g. If one or more Table 5.1 constituents are detected at
statistically significant levels above the ground water protection standard
established under subdivision 3 h or i of this subsection in any sampling
event, the owner or operator shall, within 14 days of this finding, notify the
department identifying the Table 5.1 constituents that have exceeded the ground
water protection standard. The notification will include a statement that
within 90 days the owner or operator will either:
(1) (a) Characterize the nature and extent of the release
by installing additional monitoring wells as necessary;
(b) Install at least one additional monitoring well at the
facility boundary in the direction of contaminant migration and sample this
well in accordance with subdivision 3 d (2) of this subsection;
(c) Notify all persons who own the land or reside on the
land that directly overlies any part of the plume of contamination if
contaminants have migrated off-site if indicated by sampling of wells in
accordance with subdivision 3 g (1) of this subsection; and
(d) Initiate the actions required by 9VAC20-80-310 A within
90 days; or
(2) Submit an Alternate Source Demonstration as specified
in 9VAC20-80-300 A 5. If a successful demonstration is made, the owner or
operator shall continue monitoring in accordance with the assessment monitoring
program pursuant to subdivision 3 of this subsection, and may return to
detection monitoring only if the Table 5.1 constituents are at or below
background as specified in subdivision 3 e of this subsection. Until a
successful demonstration is made, the owner or operator shall comply with
subdivision 3 g (1) of this subsection including initiating the provisions of
9VAC20-80-310 A.
h. The owner or operator shall determine a ground water
protection standard for all detected Table 5.1 constituents. The ground water
protection standard shall be:
(1) For constituents for which a maximum contaminant level (MCL)
has been promulgated under § 1412 of the Safe Drinking Water Act (40 CFR Part
141), the MCL for that constituent;
(2) For constituents for which MCLs have not been
promulgated, the background concentration, as approved by the director, for the
constituent established from wells in accordance with subdivision A 3 a (1) of
this subsection; or
(3) For constituents for which the background level is
higher than the MCL identified under subdivision 3 h (1) of this subsection or
health-based levels identified under subdivision 3 i of this subsection, the
background concentration as approved by the director.
i. The director may establish an alternative ground water
protection standard for constituents for which MCLs have not been established
by granting a variance based on the petition submitted by the owner or operator
in accordance with 9VAC20-80-760.
C. Monitoring for CDD, industrial, and nonsubtitle D
landfills.
1. Applicability.
a. Owners or operators of sanitary disposal facilities that
have ceased to accept solid waste prior to the federally imposed deadlines
shown in subdivision 2 of this subsection are eligible, with the director's
approval, to conduct the state ground water monitoring program described in
this section in lieu of the ground water monitoring program required under
9VAC20-80-300 B.
b. Owners or operators of CDD and industrial landfills not
subject to the federal ground water monitoring requirements prescribed under 40
CFR Parts 257 and 258 will perform the ground water monitoring described in
this section.
2. Deadlines for eligibility.
a. Sanitary landfills that stopped accepting waste before
October 9, 1993, and in the case of a "small landfill" before April
9, 1994.
b. All other landfills other than sanitary landfills,
including those that accepted hazardous waste from conditionally exempt small
quantity generators after July 1, 1998.
3. Phase I monitoring program.
a. At a minimum, the owner or operator shall determine the
concentration or value in ground water samples of the following parameters used
as indicators of ground water contamination:
(1) Specific conductance;
(2) pH;
(3) Total Organic Carbon (TOC); and
(4) Total Organic Halogens (TOX).
b. During the first year of ground water monitoring, for
each of the indicator parameters specified in subdivision 3 a of this
subsection, obtain from each well an appropriate number of samples for the
statistical test method selected for use from subsection D and establish the
background level.
c. After the first year of monitoring, on at least a
semiannual basis, sample all monitoring wells, analyze the samples and evaluate
ground water quality.
d. Phase I evaluation and response.
(1) After the first year information has been collected for
each well as specified in subdivision 3 a of this subsection, the owner or
operator shall perform a statistical evaluation of the analytical results
comparing each well to its own background and to the upgradient wells using any
one of the statistical methods listed in subsection D, provided the test chosen
meets the required performance standards. The permittee shall submit this
information to the department in the Ground water Annual Report described under
subdivision E 2 b of this section.
(a) If the evaluation for the upgradient (background) well,
or wells, shows a statistically significant increase (or pH decrease), the
owner or operator shall submit this information to the department in the Ground
Water Annual Report described under subdivision E 2 b of this section and shall
continue semiannual monitoring for indicator parameters in accordance with the
procedures in subdivision 3 of this subsection.
(b) If the evaluation of the downgradient wells does not
show a statistically significant increase (or pH decrease), the owner or
operator shall submit this information in the Ground Water Annual Report
described under subdivision E 2 b of this section and shall continue semiannual
monitoring for indicator parameters in accordance with the procedures in
subsection 3.
(c) If the evaluation of the downgradient wells indicates a
statistically significant increase (or pH decrease) over facility background or
each well's background, the owner or operator shall provide written notice to
the director within 14 days of the date of the determination. The notice will
indicate that the facility may be affecting ground water quality and that a
Phase II monitoring program will be implemented. The notice should also
indicate if the facility will pursue an Alternate Source Demonstration under
the provisions of subdivision 3 d (2) of this subsection.
(2) If the evaluation of the downgradient wells indicates a
statistically significant increase (or pH decrease) over facility background,
or each well's background, the owner or operator may submit an Alternate Source
Demonstration as specified in 9VAC20-80-300 A 5.
(3) If a successful demonstration is made and approved, the
owner or operator may continue Phase I monitoring. If a successful
demonstration is not submitted to the director within 90 days of the determination
of a statistically significant increase as required under the provisions of
subdivision 3 d (1) of this subsection, the owner or operator shall initiate
Phase II monitoring in accordance with the timeframes in subdivision 4 of this
subsection. The director may approve a longer timeframe with appropriate
justification.
(4) Within 90 days of determining any statistically
significant increase (or pH decrease) required under the provisions of
subdivision 3 d (1) of this subsection, the permittee shall establish a Phase
II monitoring program meeting the requirements of subdivision 4 of this
subsection.
4. Phase II monitoring program.
a. A Phase II monitoring program shall include the
semiannual analysis for the monitoring parameters shown in Table 5.5 and if
required under the provisions of subdivision 4 e 2 of this subsection, any
detected Table 5.1 constituents.
b. Phase II First Determination.
(1) The owner or operator shall make a First Determination under
subdivision 4 a of this subsection as soon as technically feasible but no later
than 21 months after determining a statistically significant increase (or pH
decrease) under the provisions of subdivision 3 d (1) of this subsection. The
number and frequency of ground water sampling events shall be determined in
accordance with the requirements of the statistical method selected, but must
be completed within the 21-month timeframe outlined in this subsection. The
First Determination will establish the facility background and obtain
sufficient information from downgradient wells to perform a statistical
evaluation using the procedures in subsection D of this section.
(2) A written First Determination report containing an
assessment of the ground water quality will be submitted to the department
within the 21-month timeframe provided in subdivision 4 b (1) of this
subsection.
(3) Based on the results of the First Determination:
(a) If no Table 5.5 constituents from the facility have
entered the ground water at statistically significant levels, the owner or
operator shall reinstate the Phase I monitoring program with the director's
approval and notify the department in the First Determination report.
(b) If a statistically significant increase in any Table
5.5 constituent is noted in the First Determination report, the owner or
operator shall continue Phase II monitoring as described under subdivision 4 c
of this subsection.
(c) Based on the results of the First Determination, the
owner or operator may choose to submit, in addition to the First Determination
Report an Alternate Source Demonstration as specified in 9VAC20-80-300 A 5. If
a successful demonstration is made and approved, the owner or operator may
return to Phase I monitoring. If a successful demonstration is not made and
approved within 90 days of submitting the First Determination Report under the
provisions of subdivision 4 b (3) (b) of this subsection, the owner or operator
shall initiate Phase II monitoring in accordance with the timeframes in
subdivision 4 c of this subsection. The director may approve a longer timeframe
with appropriate justification.
(4) If the owner or operator reinstates the Phase I
monitoring and continues to find that one or more ground water indicator
parameters show statistically significant increases (or decrease in case of pH)
during any semiannual monitoring event, he shall proceed with the actions
required under subdivision 5 of this section.
c. Phase II Development of Background.
(1) The owner or operator shall continue to sample and
analyze ground water on a semiannual basis within the Phase II monitoring
program until the corrective action monitoring program is implemented.
(2) Within 90 days of submitting the First Determination
report under the provisions of subdivision 4 b (2) of this subsection, sample
the ground water in all monitoring wells for all Table 5.1 constituents and
report the concentration of all detected constituents identified in Table 5.1.
(3) If no additional Table 5.1 constituents are detected,
proceed with the procedure in subdivision 4 c (5) of this subsection.
(4) No later than 18 months after submitting the First
Determination Report, establish a background value for each Table 5.1
constituent that has been detected at the waste management unit boundary.
(5) Within 19 months of submitting the First Determination
report, submit to the department, a written report (Phase II Background Report)
containing a summary of the background concentration data for each constituent
detected in the ground water during the Table 5.1 background sampling events.
d. Ground Water Protection Standards/Ground Water
Monitoring Plan.
(1) No later than 60 days after submitting the Phase II
background report required under the provisions of subdivision 4 c (5) of this
subsection, the owner or operator shall propose a ground water protection
standard for all detected Table 5.1 constituents. The proposed standards shall
be submitted to the department in letter form and will be accompanied by all
relevant historical concentration data to justify the proposed concentration
levels. The ground water protection standard shall be:
(a) For constituents for which a maximum contaminant level
(MCL) has been promulgated under § 1412 of the Safe Drinking Water Act (40 CFR Part
141), the MCL for that constituent;
(b) For constituents for which MCLs have not been
promulgated, the background concentration, as approved by the director, and
established from the upgradient wells in accordance with subdivision A 3 a (1)
of this section; or
(c) For constituents for which the background level is
higher than the MCL identified under subdivision 4 d (1)(a) of this subsection
or health-based levels identified under subdivision 4 d (1)(d) of this
subsection, the background concentration, as approved by the director.
(d) The director may establish an alternate concentration
level as a ground water protection standard for any constituents for which MCLs
have not been established or for which site specific background data is
unavailable by granting a variance based on the petition submitted by the owner
or operator. The owner or operator may request the use of an alternative
concentration level as a ground water protection standard by petitioning for a
variance in accordance with 9VAC20-80-760.
(2) No later than 60 days after approval of ground water
protection standards in accordance with subdivision d (1) (d) of this
subsection, the owner or operator shall submit an updated Ground water
Monitoring Plan which details the site monitoring well network and sampling and
analysis procedures undertaken during ground water monitoring events. The
director may waive the requirement for an updated plan if the Ground water
Monitoring Plan included in the facility's permit reflects current site conditions
in accordance with the regulations.
(3) No later than 30 days after the submission of the
Ground water Monitoring Plan, the owner or operator shall request a permit
amendment to incorporate the updated plan and related ground water monitoring
modules into the facility's permit in accordance with 9VAC20-80-620.
(4) If the 30-day timeframe specified in subdivision 4 d
(3) of this subsection is exceeded, the director will modify the permit in
accordance with 9VAC20-80-620 E.
e. Phase II Evaluation and Response. After each subsequent
monitoring event following establishment of ground water protection standards,
the concentration of Table 5.1 constituents found in the ground water at each
monitoring well at the waste management unit boundary will be evaluated. The
evaluation will be presented to the department in a semiannual Phase II report.
The evaluation of the concentration of Table 5.1 constituents and subsequent
monitoring and reporting requirements will be as follows:
(1) If all Table 5.1 constituents are shown to be at or
below background values, using the statistical procedures in subsection D of
this section, for two consecutive Table 5.1 sampling events, the owner or
operator shall notify the director of this finding and may return to Phase I monitoring;
(2) If any Table 5.1 constituents are above background
values, but all concentrations are below the established ground water
protection standard, using the statistical procedures in subsection D of this
section, the owner or operator shall continue semiannual Phase II monitoring of
all Table 5.5 constituents and any detected Table 5.1 constituents;
(3) If one or more Table 5.1 constituents are above the
established ground water protection standard using the statistical procedures
in subsection D of this section, the owner or operator shall notify the
department within 14 days of this finding. The notification will include a
statement that within 90 days the owner or operator will either:
(a) (i) Characterize the nature and extent of the release by
installing additional monitoring wells as necessary;
(ii) Install at least one additional monitoring well at the
facility boundary in the direction of contaminant migration and sample this
well in accordance with subdivision 4 (e) of this subsection;
(iii) Notify all persons who own the land or reside on the
land that directly overlies any part of the plume of contamination if
contaminants have migrated off-site if indicated by sampling of wells in
accordance with subdivision 4 e (3) (a) of this subsection; and
(iv) Initiate the actions required by 9VAC20-80-310 A
within 90 days; or
(4) Submit an Alternate Source Demonstration as specified
in 9VAC20-80-300 A 5. If a successful demonstration is made, the owner or
operator shall continue monitoring in accordance with Phase II monitoring
program pursuant to subdivision 4 e of this subsection, and may return to Phase
I monitoring only if the Table 5.1 constituents are at or below background as
specified in subdivision 4 e (1) of this subsection. Until a successful
demonstration is made, the owner or operator shall comply with subdivision 4 e
(3) (a) (i) of this subsection including initiating the provisions of
9VAC20-80-310 A.
(5) If any detected Table 5.1 constituent is subsequently
not detected for a period of two years, the owner or operator may petition the
director to delete the constituent from the list of detected Table 5.1
constituents.
5. Modified sampling program.
a. If the owner or operator reinstates the Phase I
monitoring based on the results of the First Determination Report, but
continues to find that one or more ground water indicator parameters show
statistically significant increases (or decreases in the case of pH) during
semiannual monitoring, he shall, within 90 days of noting the increase (or
decrease), sample all monitoring wells for the Table 5.1 list of constituents.
b. Based on the results of the Table 5.1 sampling event:
(1) If no Table 5.5 constituents are detected at
statistically significant levels above background and no other Table 5.1
constituents are found at detectable concentrations, the owner or operator
shall conduct semiannual monitoring for Phase I parameters and biennial
monitoring (once every two years) for the constituents in Table 5.1. Full Phase
II monitoring shall not be required until such time as one or more Table 5.1
constituents are detected during the biennial sampling event.
(2) If one or more Table 5.1 constituents are detected
during the initial sampling event or any of the biennial events, the owner or
operator shall commence with actions under subdivision 4 c of this subsection
regarding Phase II monitoring and determination of background.
D. Statistical methods and constituent lists.
1. Acceptable test methods. The following statistical test
methods may be used to evaluate ground water monitoring data:
a. A parametric analysis of variance (ANOVA) followed by
multiple comparisons procedures to identify statistically significant evidence
of contamination. The method must include estimation and testing of the
contrasts between each compliance well's mean and the background mean levels
for each constituent.
b. An analysis of variance (ANOVA) based on ranks followed
by multiple comparisons procedures to identify statistically significant
evidence of contamination. The method must include estimation and testing of
the contrasts between each compliance well's median and the background median
levels for each constituent.
c. A tolerance or prediction interval procedure in which an
interval for each constituent is established from the distribution of the
background data, and the level of each constituent in each compliance well is
compared to the upper tolerance or prediction limit.
d. A control chart approach that gives control limits for
each constituent.
e. Another statistical test method that meets the
performance standards specified below. Based on the justification submitted to
the department, the director may approve the use of an alternative test. The
justification must demonstrate that the alternative method meets the
performance standards in subdivision 2 of this subsection.
2. Performance standards. Any statistical method chosen by
the owner or operator shall comply with the following performance standards, as
appropriate:
a. The statistical method used to evaluate ground water
monitoring data shall be appropriate for the distribution of monitoring
parameters or constituents. If the distribution is shown by the owner or
operator to be inappropriate for a normal theory test, then the data should be transformed
or a distribution-free theory test should be used. If the distributions for the
constituents differ, more than one statistical method may be needed.
b. If an individual well comparison procedure is used to
compare an individual compliance well constituent concentration with background
constituent concentrations or a ground water protection standard, the test
shall be done at a Type I error level no less than 0.01 for each testing
period. If a multiple comparisons procedure is used, the Type I experiment-wise
error rate for each testing period shall be no less than 0.05; however, the
Type I error of no less than 0.01 for individual well comparisons must be
maintained. This performance standard does not apply to tolerance intervals,
prediction intervals, or control charts.
c. If a control chart approach is used to evaluate ground
water monitoring data, the specific type of control chart and its associated
parameter values shall be protective of human health and the environment. The
parameters shall be determined after considering the number of samples in the
background data base, the data distribution, and the range of the concentration
values for each constituent of concern.
d. If a tolerance interval or a predictional interval is
used to evaluate ground water monitoring data, the levels of confidence and,
for tolerance intervals, the percentage of the population that the interval
must contain, shall be protective of human health and the environment. These
parameters shall be determined after considering the number of samples in the
background data base, the data distribution, and the range of the concentration
values for each constituent of concern.
e. The statistical method shall account for data below the
limit of detection with one or more statistical procedures that are protective
of human health and the environment. Any estimated quantitation limit (EQL)
that is used in the statistical method shall be the lowest concentration level
that can be reliably achieved within specified limits of precision and accuracy
during routine laboratory operating conditions that are available to the
facility.
f. If necessary, the statistical method shall include
procedures to control or correct for seasonal and spatial variability as well
as temporal correlation in the data.
TABLE 5.1.
Ground Water Monitoring List.
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NOTES:
1. Common names are those widely used in government
regulations, scientific publications, and commerce; synonyms exist for many
chemicals.
2. Chemical Abstracts Service Registry Number. Where
"Total" is entered, all species in the ground water that contains
this element are included.
3. CAS index names are those used in the 9th Collective
Index.
4. This substance is often called Bis(2-chloroisopropyl)
ether, the name Chemical Abstracts Service applies to its noncommercial isomer,
Propane, 2.2'-oxybis2-chloro (CAS RN 39638-32-9).
5. Chlordane: This entry includes alpha-chlordane (CAS RN
5103-71-9), beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN
5566-34-7), and constituents of chlordane (CAS RN 57-74-9 and CAS RN
12739-03-6).
6. Polychlorinated biphenyls (CAS RN 1336-36-3); this
category contains congener chemicals, including constituents of Aroclor 1016
(CAS RN 12674-11-2), Aroclor 1221 (CAS RN 11104-28-2), Aroclor 1232 (CAS RN
11141-16-5), Aroclor 1242 (CAS RN 53469-21-9), Aroclor 1248 (CAS RN
12672-29-6), Aroclor 1254 (CAS RN 11097-69-1), and Arclor 1260 (CAS RN
11096-82-5).
7. Toxaphene: This entry includes congener chemicals
contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated
camphene.
8. Xylene (total): This entry includes o-xylene (CAS RN
96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and
unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).
TABLE 5.5.
Ground Water Monitoring List.
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NOTES:
1. Common names are those widely used in government
regulations, scientific publications, and commerce; synonyms exist for many
chemicals.
2. Chemical Abstracts Service registry number. Where
"Total" is entered, all species in the ground water that contain this
element are included.
3. Xylene (total): This entry includes o-xylene (CAS RN
96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and
unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).
This list contains 47 volatile organics for which possible
analytical procedures provided in EPA Report SW-846 "Test Methods for
Evaluating Solid Waste," third edition, November 1986, as revised December
1987, include Method 8260; and 15 metals for which SW-846 provides either
Method 6010 or a method from the 7000 series of methods.
E. Recordkeeping and reporting.
1. Recordkeeping requirements. Records pertaining to ground
water monitoring activities on site shall be retained at a specified location
by the owner/operator throughout the active life and post-closure care period
of the facility, and shall include at a minimum:
a. All historical ground water surface elevation data
measurements;
b. All historical laboratory analytical results for ground
water sampling events required under the Detection, Assessment, Phase I, Phase
II, or modified programs as described in this section;
c. All records of well installation, repair, or abandonment
actions;
d. All department correspondence to the facility; and
e. All approved variances, well subsets, wetlands or other
such department approvals.
2. Reporting requirements.
a. During the first year when initial background
concentrations are being established for the facility: concentrations or values
of the parameters for each ground water monitoring well within 15 days after
completing each analysis. During background determination under the Phase I
monitoring program and during the first determination period of the Phase II
monitoring program, the owner/operator shall submit to the department the
ground water analytical results from each background event within 15 days of
receipt from the laboratory.
b. Annual report requirements.
(1) An Annual Ground water Monitoring Report shall be submitted
by the owner/operator and shall, at a minimum, contain the technical items
listed below:
(a) Landfill name, location (keyed to a USGS topographic
map) and permit number;
(b) Summary of site history;
(c) Physical setting description;
(d) Description of uppermost aquifer and well network;
(e) History of ground water monitoring activity on site;
(f) Review of past variances or other department approvals;
(g) Statement noting that the monitoring well network meets
the requirements of 9VAC20-80-300 A 3;
(h) Listing of the ground water sampling events undertaken
during the previous calendar year; and
(i) Evaluations of and appropriate responses to the:
(i) Ground water elevation data (illustrated on a
potentiometric surface map);
(ii) Ground water flow rate;
(iii) Ground water flow direction; and
(iv) Ground water analytical data.
(2) The Annual Report shall be submitted to the director no
later than March 1 of each calendar year and shall by accompanied by a
signature page and a completed form ARSC-01.
c. Submission of a First Determination Report, Alternate
Source Demonstration, Nature and Extent Study, Assessment of Corrective
Measures, Corrective Action Plan, or other such report type as may be required
under this section, shall meet the timeframe requirements listed previously in
this section.
9VAC20-80-310. Corrective action program. (Repealed.)
A corrective action program is required whenever the ground
water protection standard is exceeded at statistically significant levels. An
owner or operator of a facility may elect to initiate the corrective action
program at any time; however, prior to such initiation, he shall determine
appropriate ground water protection standards for all Table 5.1 constituents.
The director may require periodic progress reports when a corrective action
program is required. At any time during the corrective action process, the
director can determine that interim measures are required in accordance with
subdivision C 1 c of this section.
A. Assessment of corrective measures/proposal for
presumptive remedy.
1. Within 90 days of finding that any of the constituents
listed in Table 5.1 have been detected at a statistically significant level
exceeding the ground water protection standards, the owner or operator shall initiate
an assessment of corrective measures or a proposal for presumptive remedies.
The assessment of corrective measures, or the proposal for presumptive remedies
shall be completed within 180 days from the date the constituents have been
detected above the ground water protection standard at statistically
significant levels. The 180-day period may be extended by the director for good
cause.
2. A corrective action ground water monitoring program shall
comply with the ground water monitoring requirements of 9VAC20-80-300, as
applicable. Additional monitoring shall be implemented as necessary to:
a. Determine areal extent of any plume of contamination for
each constituent under the ground water protection standard that has been
measured at concentrations that exceed background levels; and
b. Demonstrate the effectiveness of the corrective action
program.
3. Assessment of corrective measures.
a. The assessment shall include an analysis of the effectiveness
of potential corrective measures in meeting all of the requirements and
objectives of the remedy as described under this subsection, addressing at
least the following:
(1) The performance, reliability, ease of implementation,
and potential impacts of appropriate potential remedies, including safety
impacts, cross-media impacts, and control of exposure to any residual
contamination;
(2) The time required to begin and complete the remedy;
(3) The costs of remedy implementation; and
(4) The institutional requirements such as state or local
permit requirements or other environmental or public health requirements that
may substantially affect implementation of the remedies.
b. The owner or operator must evaluate as part of the
assessment of corrective measures one or more specific potential remedies.
These remedies may include a specific technology or combination of technologies
that achieve or may achieve the standards for remedies specified in subdivision
B 2 of this section given appropriate consideration of the factors specified in
subdivision 3 a of this subsection. The assessment of corrective measures will
be submitted to the department for evaluation as required under the provisions
of subdivision B 1 of this section.
4. Presumptive remedies.
a. To expedite corrective action, in lieu of an analysis
meeting the requirements of subdivision 3 of this subsection, the owner or
operator may choose to propose containment of contamination as a presumptive
remedy for a disposal unit. Any such proposal shall be accompanied by:
(1) An assessment of risks resulting from the contamination
at the solid waste boundary and at the facility boundary; and
(2) An initial evaluation of the current trends in ground
water quality data with respect to the conditions in subdivision C 5 of this
section. The owner/operator will update this evaluation in accordance with the
timeframes listed in subdivision 4 f of this subsection in a report containing
the following:
(a) A description of how the presumptive remedy is
performing with respect to the conditions in subdivision C 5 of this section.
(b) Current and historical ground water data and analysis;
(c) An evaluation of the changes seen in ground water
contamination after the implementation of the remedy and a projection of when
the conditions in subdivision C 5 of this section will be achieved; and
(d) The progress toward achieving the schedule required in
subdivision A 4 a (3) of this section.
(3) A schedule for initiating and completing remedial
activities.
b. The presumptive remedy for solid waste landfills shall
be limited to one or more of the following:
(1) Containment of the landfill mass, including an
impermeable cap;
(2) Control of the landfill leachate;
(3) Control of the migration of contaminated ground water;
(4) Collection and treatment of landfill gas; and
(5) Reduction of saturation of the landfill mass.
c. Containment may be selected as a sole or partial remedy
until a determination is made under subdivision C 2 of this section that another
remedy shall be employed to meet the requirements of this section. An
assessment of corrective measures meeting the requirements of subdivision 3 of
this subsection shall then be initiated within 90 days of such a determination.
d. The selection of a presumptive remedy may not be made as
a sole remedy for facilities exhibiting contamination beyond facility
boundaries unless approved by the director. To consider such a request, the
proposed remedy must address the reduction of contamination beyond the facility
boundary.
e. Upon receiving an approval from the director of the
proposed presumptive remedy, conducting a public meeting as required under
subdivision 5 of this subsection, and amending the facility permit in
accordance with 9VAC20-80-620 F 3, the owner or operator may proceed with the
implementation of the remedy in accordance with subsection C of this section.
f. The permittee will submit the materials required in
subdivision a (2) of this subsection for evaluation by the department every
three years or another timeframe based on the remedy selected.
5. The owner or operator shall discuss the results of the
corrective measures assessment or the proposal for presumptive remedy, prior to
the selection of remedy, in a public meeting.
a. The owner or operator shall publish a notice once a week
for two consecutive weeks in a major local newspaper of general circulation
informing the public that he intends to discuss the results of the corrective
measures assessment or proposal for presumptive remedy as applicable. The
notice shall include:
(1) The name of the facility and location of the facility;
(2) A statement indicating that as a result of exceeding a
ground water protection standard a corrective measures assessment or
presumptive remedy is proposed;
(3) A statement that the purpose of the public
participation is to acquaint the public with the technical aspects of the
proposal and how the standards and the requirements of these regulations will
be met, to identify issues of concern, to facilitate communication and to
establish a dialogue between the permittee and persons who may be affected by
the facility;
(4) Announcement of a 30-day comment period, in accordance
with subdivision 5 d of this subsection, and the name, telephone, and address
of the owner's or operator's representative who can be contacted by the
interested persons to answer questions or where comments shall be sent;
(5) Announcement of the date, time, and place for a public
meeting held in accordance with subdivision 5 c of this subsection; and
(6) Location where copies of the documentation to be
submitted to the department in support of the corrective measures assessment or
proposal of presumptive remedy and any supporting documents can be viewed and
copied.
b. The owner or operator shall place a copy of the
documentation and support documents in a location accessible to the public in
the vicinity of the proposed facility.
c. The owner or operator shall hold a public meeting not
earlier than 15 days after the publication of the notice required in
subdivision 5 a of this subsection and no later than seven days before the
close of the 30-day comment period. The meeting shall be held to the extent
practicable in the vicinity of the proposed facility.
d. The public shall be provided 30 days to comment on the
technical and the regulatory aspects of the proposal. The comment period will
begin on the date the owner or operator publishes the notice in the local
newspaper.
B. Selection of remedy.
1. Prior to submission of the assessment of corrective
measures conducted under subsection A of this section, the owner or operator
shall select a remedy that, at a minimum, meets the standards listed in
subdivision 2 of this subsection. The department shall review the assessment of
corrective measures to evaluate the proposed remedy. The department will notify
the owner or operator to prepare a written corrective action plan containing
the proposed remedy. The corrective action plan will be submitted within 180
days of the department's notification.
2. The selected remedies to be included in the corrective
action plan shall:
a. Be protective of human health and the environment;
b. Attain the ground water protection standard as specified
pursuant to 9VAC20-80-300;
c. Control the sources of releases so as to reduce or
eliminate, to the maximum extent practicable, further releases of solid waste
constituents into the environment that may pose a threat to human health or the
environment; and
d. Comply with standards for management of wastes as
specified in subdivision C 4 of this section.
3. In preparing a proposed corrective action plan, the owner
or operator will consider the following evaluation factors:
a. The long-term and short-term effectiveness and
protectiveness of the potential remedies, along with the degree of certainty
that the remedy will prove successful based on consideration of the following:
(1) Magnitude of reduction of existing risks;
(2) Magnitude of residual risks in terms of likelihood of
further releases due to waste remaining following implementation of a remedy;
(3) The type and degree of long-term management required,
including monitoring, operation, and maintenance;
(4) Short-term risks that might be posed to the community, workers,
or the environment during implementation of such a remedy, including potential
threats to human health and the environment associated with excavation,
transportation, and redisposal or containment;
(5) Time until full protection is achieved;
(6) Potential for exposure of humans and environmental
receptors to remaining wastes, considering the potential threat to human health
and the environment associated with excavation, transportation, redisposal, or
containment;
(7) Long-term reliability of the engineering and
institutional controls; and
(8) Potential need for replacement of the remedy.
b. The effectiveness of the remedy in controlling the
source to reduce further releases based on consideration of the following
factors:
(1) The extent to which containment practices will reduce
further releases;
(2) The extent to which treatment technologies may be used;
(3) Magnitude of reduction of existing risks; and
(4) Time until full protection is achieved.
c. The ease or difficulty of implementing a potential
remedy based on consideration of the following types of factors:
(1) Degree of difficulty associated with constructing the
technology;
(2) Expected operational reliability of the technologies;
(3) Need to coordinate with and obtain necessary approvals
and permits from other agencies;
(4) Availability of necessary equipment and specialists;
and
(5) Available capacity and location of needed treatment,
storage, and disposal services.
d. Practicable capability of the owner or operator,
including a consideration of the technical and economic capability. At a
minimum the owner or operator must consider capital costs, operation and
maintenance costs, net present value of capital and operation and maintenance
costs, and potential future remediation costs.
e. The degree to which community concerns raised as the
result of the public meeting required by subdivision A 4 of this section are
addressed by a potential remedy.
4. The owner or operator shall specify as part of the
selected remedy a schedule for initiating and completing remedial activities.
Such a schedule shall require the initiation of remedial activities within a
reasonable period of time taking into consideration the factors set forth in
this section. The owner or operator shall consider the following factors in
determining the schedule of remedial activities:
a. Extent and nature of contamination;
b. Practical capabilities of remedial technologies in
achieving compliance with ground water protection standards established under
9VAC20-80-300 and other objectives of the remedy;
c. Availability of treatment or disposal capacity for
wastes managed during implementation of the remedy;
d. Desirability of utilizing technologies that are not
currently available, but which may offer significant advantages over already
available technologies in terms of effectiveness, reliability, safety, or
ability to achieve remedial objectives;
e. Potential risks to human health and the environment from
exposure to contamination prior to completion of the remedy;
f. Resource value of the aquifer including:
(1) Current and future uses;
(2) Proximity and withdrawal rates of users;
(3) Ground water quantity and quality;
(4) The potential damage to wildlife, crops, vegetation,
and physical structures caused by exposure to the waste constituents;
(5) The hydrological characteristics of the facility and
surrounding land;
(6) Ground water removal and treatment costs; and
(7) The cost and availability of alternate water supplies;
g. Practical capability of the owner or operator.
h. Timeframes for periodic progress reports during design,
construction, operation and maintenance. Items to consider when preparing the
reports include but are not limited to:
(1) Progress of remedy implementation;
(2) Results of monitoring and sampling activities;
(3) Progress in meeting cleanup standards;
(4) Descriptions of remediation activities;
(5) Problems encountered during the reporting period and
actions taken to resolve problems;
(6) Work for next reporting period;
(7) Copies of laboratory reports including drilling logs,
QA/QC documentation, and field data.
i. Other relevant factors.
5. The proposed corrective action plan shall be submitted to
the director for approval. Prior to rendering his approval, the director may:
a. Request a technical modification of the program or the
evaluation of one or more alternative remedies;
b. Request a change in the time schedule; or
c. Determine that the remediation of the release of an
Table 5.1 constituent from the disposal unit is not necessary, if the owner or
operator demonstrates to the satisfaction of the director that:
(1) The ground water is additionally contaminated by
substances that have originated from a source other than the facility and those
substances are present in concentrations such that cleanup of the release from
the facility would provide no significant reduction in risk to actual or
potential receptors; or
(2) The constituent is present in ground water that is (i)
not currently or reasonably expected to be a source of drinking water and (ii)
not hydraulically connected with waters to which the constituents are migrating
or are likely to migrate in a concentration that would exceed the ground water
protection standards established; or
(3) Remediation of the release is technically
impracticable; or
(4) Remediation results in unacceptable cross-media
impacts.
6. A determination by the director pursuant to subdivisions
A 5 e (3) of this section or 5 c of this subsection shall not affect the
authority of the state to require the owner or operator to undertake source
control measures or other measures that may be necessary to eliminate or
minimize further releases to the ground water, to prevent exposure to the
ground water, or to remediate the ground water to concentrations that are
technically practicable and significantly reduce threats to human health or the
environment.
7. After an evaluation of the proposed plan, the director
will:
a. Approve the proposed corrective action plan as written
or modified by the owner or operator and amend the facility permit in
accordance with 9VAC20-80-620 F 3; or
b. Disapprove the proposed corrective action plan and
undertake appropriate containment or clean up actions in accordance with §
10.1-1402(18) of the Virginia Waste Management Act.
C. Implementation of the remedy.
1. Based on the schedule established under subdivision A 4 a
(3) or B 4 of this section for initiation and completion of remedial
activities, the owner or operator shall:
a. Establish and implement a corrective action ground water
monitoring program that:
(1) At a minimum, meets the requirements of a ground water
monitoring program under 9VAC20-80-300;
(2) Indicates the effectiveness of the corrective action
remedy; and
(3) Demonstrates compliance with the ground water
protection standard pursuant to subdivision 5 of this subsection.
b. Implement the remedy selected under subdivision A 4 or
subsection B of this section; and
c. Take any interim measures necessary to ensure the
protection of human health and the environment. Interim measures should, to the
greatest extent practicable, be consistent with the objectives of and
contribute to the performance of any remedy that may be required pursuant to
subsection B of this section. Should the director require interim measures
pursuant to this section, the director will notify the owner or operator of the
necessary actions required. Such actions will be implemented as soon as practicable
in accordance with a schedule as specified by the director. The following
factors shall be considered in determining whether interim measures are
necessary:
(1) Time required to develop and implement a final remedy;
(2) Actual or potential exposure of nearby populations or
environmental receptors to hazardous constituents;
(3) Actual or potential contamination of drinking water
supplies or sensitive ecosystems;
(4) Further degradation of the ground water that may occur
if remedial action is not initiated expeditiously;
(5) Weather conditions that may cause the constituents to
migrate or be released;
(6) Risks of fire or explosion, or potential for exposure
to constituents as a result of an accident or failure of a container or
handling system; and
(7) Other situations including the presence of wastes or
other contaminants that may pose threats to human health and the environment.
2. An owner or operator or the director may determine, based
on information developed after implementation of the remedy has begun or other
information, that compliance with requirements of subdivision B 2 of this
section are not being achieved through the remedy selected. In such cases, the
owner or operator shall implement other methods or techniques that could
practicably achieve compliance with the requirements, unless the owner or
operator makes the determination under subdivision 3 of this subsection.
3. If the owner or operator determines that compliance with
requirements under subdivision 2 of this subsection cannot be practically
achieved with any currently available methods, the owner or operator shall:
a. Based on a certification of a qualified ground water
scientist, obtain an approval of the director that compliance with requirements
under subdivision 2 of this subsection cannot be practically achieved with any
currently available methods;
b. Implement alternate measures to control exposure of
humans or the environment to residual contamination, as necessary to protect
human health and the environment; and
c. Implement alternate measures for control of the sources
of contamination, or for removal or decontamination of equipment, units,
devices, or structures that are:
(1) Technically practicable; and
(2) Consistent with the overall objective of the remedy.
d. Submit a report to the director justifying the alternate
measures at least 14 days prior to implementing the alternate measures.
4. All solid wastes that are managed pursuant to a remedy
required under subdivision A 4 or subsection B of this section, or an interim
measure required under subdivision 1 c of this subsection, shall be managed in
a manner:
a. That is protective of human health and the environment;
and
b. That complies with all applicable federal and Virginia
requirements.
5. Remedies selected pursuant to subdivision A 4 or
subsection B of this section shall be considered complete when:
a. The owner or operator complies with the ground water
protection standards at all points within the plume of contamination that lie
beyond the ground water monitoring well system established under 9VAC20-80-300
A 3.
b. Compliance with the ground water protection standards
has been achieved by demonstrating that concentrations of Table 5.1
constituents have not exceeded the ground water protection standards for a
period of three consecutive years using the appropriate statistical procedures
and performance standards.
c. All actions required to complete the remedy have been
satisfied, including actions require under the corrective action plan and
providing the certifications required under subdivision 6 of this subsection.
6. Upon completion of the remedy, the owner or operator
shall notify the director within 14 days by submitting a certification that the
remedy has been completed in compliance with the requirements of subdivision 5
of this subsection. The certification shall be signed by the owner or operator
and by a qualified ground water scientist.
7. When, upon completion of the certification, the director
determines that the corrective action remedy has been completed in accordance
with the requirements under subdivision 5 of this subsection, he will release
the owner or operator from the requirements for financial assurance for
corrective action under 9VAC20-70.
Part VI
Other Solid Waste Management Facility Standards
9VAC20-80-320. General. (Repealed.)
A. Purpose, scope, and applicability.
1. Any person who designs, constructs, or operates any solid
waste treatment or storage facility not otherwise exempt under 9VAC20-80-60 D
shall comply with the requirements of this part.
2. Facilities shall be maintained and operated in accordance
with the permit issued pursuant to this chapter, and in accordance with the
approved design and intended use of the facility.
3. Hazardous wastes shall not be disposed or managed in
solid waste management facilities subject to this chapter unless specified in
the permit or by specific approval of the executive director.
B. Siting. Siting standards for each type of solid waste
management facility in this part shall be governed by the siting standards as
established for each separate facility.
C. Closure. Solid waste management facilities regulated
under this part which, upon closure, will dispose of solid waste residues
on-site, are subject to the ground water monitoring requirements in
9VAC20-80-250 D, closure and post-closure care requirements in 9VAC20-80-250 E
and F, and permitting requirements of Part VII (9VAC20-80-480 et seq.) of this
chapter. All other facilities shall close in accordance with the closure plan
prepared in accordance with the requirements described in this part and
9VAC20-80-530 or 9VAC20-80-540, as applicable. Owners and operators of
facilities that treat solid wastes are required to demonstrate financial
assurance for closure in accordance with 9VAC20-70-10 et seq.
D. Solid waste left in place. Solid waste management
facilities regulated under this part which place solid wastes or residues on
site for disposal or leave such wastes in place after closure, are subject to
the provisions of Part V (9VAC20-80-240 et seq.) of this chapter.
9VAC20-80-330. Compost facilities. (Repealed.)
A. General.
1. The standards in this section shall apply to the siting, design
and construction, and operation of facilities producing compost from refuse or
combinations of refuse and sludges or animal manures.
a. Composting facilities may be classified in accordance
with the general process used. Facilities that employ the enclosed vessel
method are called Type A ("confined") compost facilities. Type B
facilities are those that employ the windrow or aerated static pile method. If
the process requires materials to be stabilized or cured in piles such
facilities are also classified as Type B facilities even if the composting is
performed in an enclosed vessel. The only composting processes that may be
employed are those with prior operational performance in the United States. Any
other proposed composting process shall conform to the standards contained in
9VAC20-80-470 and will require an experimental solid waste management facility
permit.
NOTE: Finished compost that meets the requirements of this
part is not regulated as a solid waste.
b. Use of solid waste containing hazardous waste, regulated
medical waste, or nonbiodegradable waste is prohibited.
2. The standards contained in this section are not
applicable to facilities that operate under a permit-by-rule issued under
Vegetative Waste Management and Yard Waste Composting Regulations (9VAC20-101)
and are in full compliance with that chapter.
3. The standards contained in this section are not
applicable to composting units exempt under 9VAC20-80-60 D 2 or D 3.
4. The feedstocks for composting are classified on the basis
of the type of waste used in the composting process. The categories of
feedstocks are as follows:
a. Category I -- Pre-consumer, plant or plant-derived
materials such as:
(1) Agriculture crop residues including but not limited to
harvesting residuals, straw, and cornstalks;
(2) Livestock feed including but not limited to hay, grain,
silage, cottonseed meal, soybean meal;
(3) Nonfood agricultural processing waste including but not
limited to cotton gin trash, wool carding residue, field corn cobs;
(4) Source-separated pre-consumer food wastes including but
not limited to wholesale and retail market residuals (e.g., overripe, damaged,
or otherwise rejected fruit or vegetables) and institutional kitchen culls;
(5) Food processing wastes including culls, peelings,
hulls, stems, pits, seed, pulp, shucks, nut shells, apple pomace, corn cobs,
cranberry filter cake, olive husks, potato tops, cocoa shells, fruit and
vegetable processing waste, rejected products, and bakery wastes; and
(6) Source-separated clean waste paper.
b. Category II -- Animal-derived waste material such as:
(1) Dairy and fish processing wastes including but not
limited to eggs, spoiled milk, cheese, curd, and yogurt, fish gurry and racks,
clam bellies, fish shells, fish processing sludge, fish breading crumbs,
mussel, crab, lobster, and shrimp wastes; and
(2) Rendered animals.
c. Category I -- Animal and post-consumer food wastes with
pathogen potential such as:
(1) Source-separated wastes including but not limited to
restaurant waste, institutional kitchen wastes, food preparation wastes,
prepared but unserved foods, plate scrapings; and
(2) Animal manures including but not limited to spoiled
stable straw bedding, livestock feedlot, holding pen and cage scrapings, dairy
manure semi-solids, poultry litter and manure.
d. Category IV -- Other wastes such as:
(1) Non-rendered animal meat waste including but not
limited to animal carcasses, slaughterhouse waste, paunch manure;
(2) Mixed non-source separated organic wastes including but
not limited to municipal solid waste; and
(3) Sewage sludge.
B. Siting.
1. Solid waste composting facilities shall not be sited or
constructed in areas subject to base floods.
2. No facility shall be closer than 50 feet to any regularly
flowing stream.
3. Composting facilities shall be adjacent to or have direct
access to roads which are paved or surfaced and capable of withstanding
anticipated load limits.
4. A facility shall not be located within 200 feet of any residential
area, a health care facility, school, recreational park area, or similar type
public institution.
5. Sites shall allow for sufficient room to minimize traffic
congestion and allow for safe operation.
6. No composting unit shall extend closer than 50 feet to
any property line.
7. Acceptable sites must have sufficient area and terrain to
allow for proper management of leachate.
8. Type B facilities shall not be located in areas which are
geologically unstable or where the site topography is heavily dissected.
9. A Type B facility shall not be located in any area where
the seasonal high water table lies within two feet of the ground surface.
C. Design/construction.
1. Facilities for the composting of municipal solid waste
shall be provided with covered areas for receiving, segregation, and grading of
municipal solid waste.
2. Where Category IV material is processed, or where more
than 700 tons/quarter of Category I, II, or III material is processed, by a
compost facility, all receiving, mixing, composting, curing, screening, and
storing operations shall be provided with one of the following:
a. An asphalt or concrete area that drains directly to a
wastewater storage, treatment, or disposal facility; or
b. An asphalt, or concrete, and diked or bermed area to
prevent entry of run-on or escape of run-off, leachate, or other liquids, and a
sump with either a gravity discharge or an adequately sized pump located at the
low point of the hard-surfaced area to convey liquids to a wastewater treatment,
disposal or holding facility, discharged under a VPDES permit issued pursuant
to the State Water Control Board regulation 9VAC25-31 or recirculated within
the composting process; or
c. A lime stabilized area may be substituted for the
asphalt or concrete specified under subdivision 2 b of this subsection. The
lime stabilized clay/soil area must be a minimum of six inches thick and have a
lab-tested permeability of 1x10-7 cm/sec.
3. Area and appropriate equipment shall be provided to segregate
nonbiodegradable or otherwise undesirable components from the municipal solid
waste to be processed.
4. For Type B facilities, sound engineering controls shall
be incorporated into design of facilities located on sites with:
a. Springs, seeps, and other ground water intrusions;
b. Gas, water, or sewage lines under the active areas; or
c. Electrical transmission lines above or below the active
areas.
5. Roads serving the unloading, composting, and storage
areas shall be of all-weather construction.
6. Auxiliary power, standby equipment, or contingency
arrangements shall be required to ensure continuity of composting operations.
7. For uncovered sites, calculations for sizing of surface
water control features will be based on a rainfall intensity of one-hour
duration and a 10-year return period.
D. Operations.
1. Noncompostable or other undesirable solid waste shall be
segregated from the material to be composted. Solid waste which is not
composted, salvaged, reused, or sold must be disposed of at an appropriately
permitted solid waste management facility.
2. Product testing and standards. Products will continue to
be considered as solid wastes until the testing indicates that they attain
appropriate standards. Samples and measurements taken for the purpose of
monitoring shall be representative of the monitored activity and shall be
conducted in a manner consistent with SW-846 and other applicable standards.
The minimum number of samples that shall be collected and analyzed is shown in
the table below. Samples to be analyzed for metals shall be composited prior to
the analysis.
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a. Compost stability. All finished products will be tested for
compost stability using one of the methods listed below.
(1) Temperature decline to near ambient conditions when not
the result of improper management of the composting process. Composting records
shall indicate appropriate schedules for turning, monitoring of moisture within
the required range, and an appropriate mix of composting feedstocks.
(2) Reheat potential using the Dewar Compost Self-Heating
Flask. The results must indicate a stable product. Temperature rise above
ambient must not exceed 10°C for stable compost. Very stable compost will not
exceed 10°C above ambient.
(3) Specific oxygen uptake. To be classified as stable the
product must have a specific oxygen uptake rate of less than 0.1 milligrams per
gram of dry solids per hour.
(4) SolvitaTM Compost Maturity Test. To be
classified as stable the product must exhibit color equal or greater than six.
(5) Carbon dioxide evolution. To be classified as stable
the product must not evolve more than 1,000 milligrams of carbon dioxide per
liter per day.
b. Pathogens. In addition to testing required by
subdivision 2 a of this subsection, finished products produced from Category
III and IV materials will be tested for the presence of the following organisms
using the methods indicated below.
(1) Parasites. No viable Ascaris ova shall be detected by
an acceptable laboratory method with a minimum detection limit of 0.5 viable
ova per gram of dry solids or less. Ascaris will be considered to be
representative of all parasites, i.e., helminth ova and protozoan cysts.
(2) Bacterial pathogens. Salmonella will be considered
representative of all bacterial pathogens capable of regrowth. Median of all
samples shall be less than 1 MPN (most probable number) per gram of dry solids.
No more than 10% of samples shall exceed 10 MPN per gram of dry solids. No
single sample shall exceed 100 MPN per gram of dry solids.
(3) Fecal coliform. Although the coliform group is not
generally considered to be pathogenic, their destruction is indicative of good
composting practice. Median of all samples shall be less than 10 MPN fecal
coliform per gram of dry solids. Specifically, less than 1,000 MPN fecal
coliform per gram of dry solids shall be found in any sample when incubated for
0.5 hr at 70°C, three days at 55°C, or five days at 53°C.
(4) Other test methods, or facility operating standards as
approved by the director.
c. Metals. In addition to the requirements contained in
subdivisions 2 a and 2 b of this subsection, all finished products produced
from Category IV materials shall be analyzed for the metals shown below. The
concentration of contaminants shall not exceed the following levels:
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3. Designed buffer zones shall be maintained.
4. The owner or operator shall prepare an operation plan
which shall include as a minimum:
a. The description of types of wastes that will be managed
at the facility. This description will be sufficient to properly categorize the
compost feedstocks in accordance with subdivision A 4 of this section. If the
specific materials are not listed in that section, a discussion will be
prepared which compares the materials that the facility will receive with the
materials listed in the appropriate feedstock category and justifies the
categorization of the proposed feedstock. For each type of material an approximate
C:N ratio will be provided. The expected quantity of any bulking agent or
amendment will be provided (if applicable); and any expected recycle of bulking
agent or compost. The plan shall include the annual solid waste input, the
service area population (both present and projected if applicable), and any
seasonal variations in the solid waste type and quantity;
b. A discussion of the composting process including:
(1) For Type A compost facilities the following will be
provided:
(a) A copy of the manufacturer's operating manual, and
drawings and specifications of the composting unit will be provided.
(b) A discussion of the unit's requirements for power,
water supply, and wastewater removal, and the steps taken to accommodate these
requirements.
(2) For Type B compost facilities the following will be
provided:
(a) A description of the configuration of the composting
process including compost pile sizing, and orientation, provisions for water
supply, provisions for wastewater disposal, and an equipment list.
(b) A discussion of procedures and frequency for moisture,
and temperature monitoring, and aeration.
(c) A discussion of pile formation, and feedstock
proportioning and feedstock preparation.
c. A discussion of the method and frequency of final
product testing in accordance with subdivision 2 of this subsection will be
provided;
d. A schedule of operation, including the days and hours
that the facility will be open, preparations before opening, and procedures
followed after closing for the day;
e. Anticipated daily traffic flow to and from the facility,
including the number of trips by private or public collection vehicles;
f. The procedure for unloading trucks (including frequency,
rate, and method);
g. A contingency plan detailing corrective or remedial
action to be taken in the event of equipment breakdown; air pollution (odors);
unacceptable waste delivered to the facility; spills; and undesirable
conditions such as fires, dust, noise, vectors, and unusual traffic conditions;
h. Special precautions or procedures for operation during
wind, heavy rain, snow, and freezing conditions;
i. A description of the ultimate use for the finished
compost, method for removal from the site, and a plan for use or disposal of
finished compost that cannot be used in the expected manner due to poor quality
or change in market conditions;
j. A discussion of inspections in accordance with
subdivision 5 c of this subsection; and
k. A discussion of records to be maintained in accordance
with subdivision 6 of this subsection.
5. Maintenance.
a. Facility components shall be maintained and operated in
accordance with the permit and intended use of the facility.
b. Adequate numbers, types and sizes of properly maintained
equipment shall be available at the facility during all hours of operation to
prevent curtailment of operations because of equipment failure except under
extraordinary conditions beyond the control of the facility's owner or
operator.
c. Self inspection. The facility owner or operator shall
monitor and inspect the facility for malfunctions, deteriorations, operator
errors, and discharges that may cause a release to the environment or a threat
to human health. The facility owner or operator shall promptly remedy any
deterioration or malfunction of equipment or structures or any other problems
revealed by the inspections to ensure that no environmental or human health
hazard develops. Where a hazard is imminent or has already occurred, remedial action
shall be taken immediately.
6. Recordkeeping.
a. Operational records shall be maintained at the facility;
these records shall include, at the minimum, temperature data and quantity of
materials processed.
b. The facility owner or operator shall retain records of
all unauthorized solid waste accepted identifying the waste and its final
disposition. Such records shall include the date solid waste was received, the
type of solid waste received, the date of disposal, the disposal method and
location.
c. The facility owner or operator shall record
self-inspections in an inspection log. These records shall be retained for at
least three years from the date of inspection. They must include the date and
time of the inspection, the name of the inspector, a description of the
inspection including the identity of specific equipment and structures
inspected, the observations recorded, and the date and nature of any remedial
actions implemented or repairs made as a result of the inspection.
d. The facility owner or operator shall retain records of
all monitoring information (including all calibration and maintenance records
and all original strip chart recordings for continuous monitoring
instrumentation; and copies of all reports required by, or by a permit issued
under, this part) for a period of at least three years from the date of the
sample analysis, measurement, report or application. Records for monitoring
information shall include: the date, exact place, and time of sampling or
measurements; the name of the individual who performed the sampling and
measurement; the date analyses were performed; the name of the individual who
performed the analyses; the analytical techniques or methods used; and the
result of such analyses. Additional information relating to the analysis,
including records of internal laboratory quality assurance and control, shall
be made available to the department at its request.
E. Closure.
1. Closure standards. The owner or operator shall close his
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 post-closure escape of uncontrolled leachate,
surface runoff, or waste decomposition products to the ground water, surface
water, or to the atmosphere.
a. At closure, the owner or operator shall remove or
decontaminate all waste residues, contaminated containment system components
(liners, etc.), contaminated subsoils, and structures and equipment contaminated
with waste and leachate.
b. If, after removing or decontaminating all residues and
making all reasonable efforts to effect removal or decontamination of
contaminated components, subsoils, structures, and equipment as required in
subdivision 1 a of this subsection, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he shall
install a ground water monitoring system, close the facility and perform
post-closure care in accordance with the ground water monitoring, closure and
post-closure care requirements of Part V (9VAC20-80-240 et seq.) of this
chapter.
2. Closure plan and amendment of plan.
a. The owner or operator of a compost facility shall have a
written closure plan. This plan shall identify the steps necessary to
completely close the facility at its full operation under the permit
conditions. 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 may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan. The amended closure plan shall be placed in the operating
record.
c. The owner or operator shall notify the director whenever
an amended closure plan has been prepared and placed in the operating record.
d. Prior to beginning closure of each solid waste
management unit, the owner or operator shall notify the director of the intent
to close.
3. Time allowed for closure. 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. The director may approve a
longer closure period if the owner or operator can demonstrate that the required
or planned closure activities will, of necessity, take longer than six months
to complete; and that he has taken all steps to eliminate any significant
threat to human health and the environment from the unclosed but inactive
facility.
4. The owner or operator shall post one sign notifying all
persons of the closing, and providing a notice prohibiting further receipt of
waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being delivered.
5. Inspection. The department shall inspect all solid waste
management 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 chapter.
9VAC20-80-340. Solid waste transfer stations. (Repealed.)
A. Applicability.
1. The siting, design, construction, and operation of a
solid waste transfer station shall be governed by the standards as set forth in
this section. Additional requirements for facilities managing waste tires are
set forth in 9VAC20-80-670.
2. Storage of nonhazardous solid wastes and hazardous
wastes, or hazardous wastes from conditionally exempt small quantity generators
as defined in Virginia Hazardous Waste Management Regulations (9VAC20-60) at a
transportation terminal or transfer station in closed containers meeting the
U.S. Department of Transportation specifications is exempt from this section
and Part VII (9VAC20-80-480 et seq.) of this chapter provided such wastes are
removed to a permitted storage or disposal facility within ten days from the
initial receipt from the waste generator. To be eligible for this exemption,
each shipment must be properly documented to show the name of the generator,
the date of receipt by the transporter and the date and location of the final
destination of the shipment. The documentation shall be kept at the terminal
for at least three years after the shipment has been completed and shall be
made available to the department upon request. All such activities shall comply
with any local ordinances.
3. Any material from a state other than Virginia
that is classified as a hazardous waste in that state shall be managed in
accordance with 9VAC20-60. Such wastes are not acceptable for treatment or
storage in a solid waste management facility in the Commonwealth, unless the
hazardous wastes are managed in a manner consistent with 9VAC20-60.
B. Siting.
1. Solid waste transfer stations shall be adjacent to or
have direct access to roads which are paved or surfaced and capable of
withstanding anticipated load limits.
2. Solid waste transfer stations shall not be sited or
constructed in areas subject to base floods.
3. No solid waste transfer station shall be closer than:
a. Fifty feet to any surface stream;
b. Fifty feet to any property line; or
c. Two hundred feet to any residential area, health care
facility, school or recreational park area, or similar type public institution.
4. Sites shall allow for sufficient room to minimize traffic
congestion and allow for safe operation.
C. Design/construction.
1. An all-weather road suitable for loaded collection
vehicles shall be provided from the entrance gate to the unloading, receiving
or tipping area.
2. The floors in the unloading, receiving, or tipping areas
shall be constructed of easily cleanable materials, provided with a water
supply for transfer area cleaning purposes, and equipped with drains or pumps,
or equivalent means to facilitate the removal of wastewater to proper storage
or disposal.
3. Truck wheel curbs or other safety facilities shall be
provided to prevent backing or falling into a pit if one is used for tipping.
4. The transfer unloading, receiving, tipping, and storage
structures, buildings, and ramps shall be of a material that can be easily
cleaned.
5. Sufficient on-site queuing capacity shall be provided for
the expected traffic so that the waiting collection vehicles do not back up
onto the public road.
6. Portions of the transfer station used solely for storage
of household hazardous waste shall have a containment system designed in
accordance with 9VAC20-60-820 F of the Virginia Hazardous Waste Management
Regulations. The requirements of this section do not apply to household
hazardous waste packaged in U.S. Department of Transportation approved shipping
containers and removed from the site within 10 days from the date of
collection.
7. If the transfer station is used to store waste materials,
storage units shall be designed to reduce the potential for fires and migration
of vectors, and to prevent escape of wastes, washwaters, odors, dust, and
litter from the facility.
D. Operation.
1. No uncontainerized solid waste shall remain at the
transfer station at the end of the working day.
2. A written operating plan shall be prepared covering at
the minimum:
a. Facility housekeeping, procedures for detection of
regulated hazardous and medical wastes, on-site traffic control, schedules for
waste delivery vehicle flow, wastewater collection, storm water collection,
vector control, odor control, noise control, and methods of enforcement of
traffic flow plans for the waste delivery vehicles;
b. The rated capacity of the facility, the capacities of
any waste storage areas, and the ultimate disposal location for all facility
generated waste residue.
3. A written contingency plan shall be prepared for a
transfer station covering operating procedures to be employed during periods of
non-operation. This plan shall set forth procedures to be employed in the event
of equipment breakdown which will require standby equipment, extension of
operating hours, or diversion of solid waste to other facilities.
4. Leachate and washwater from a transfer station shall not
be permitted to drain or discharge into surface waters except when authorized
under a VPDES permit issued pursuant to 9VAC25-31.
5. No regulated hazardous wastes shall be accepted for
processing unless they are received under the provisions of a hazardous waste
permit or they are specifically exempted by the provisions of the Virginia
Hazardous Waste Management Regulations (9VAC20-60). Storage of household
hazardous waste at facilities designed in accordance with subdivision C 6 of
this section shall be accomplished in accordance with requirements of
9VAC20-60-820 B through E, G, and H. Storage in such facilities may not exceed
one year.
E. Closure.
1. Closure standards. The owner or operator shall close his
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 post-closure escape of uncontrolled leachate,
surface runoff, or waste decomposition products to the ground water, surface
water, or to the atmosphere.
a. At closure, the owner or operator shall remove or
decontaminate all waste residues, contaminated containment system components
(liners, etc.), contaminated subsoils, and structures and equipment
contaminated with waste and leachate.
b. If, after removing or decontaminating all residues and
making all reasonable efforts to effect removal or decontamination of
contaminated components, subsoils, structures, and equipment as required in
subdivision 1 a of this subsection, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he shall
install a ground water monitoring system, close the facility and perform
post-closure care in accordance with the ground water monitoring, closure and
post-closure care requirements of Part V (9VAC20-80-240 et seq.) of this
chapter.
2. Closure plan and amendment of plan.
a. The owner or operator of a transfer station shall have a
written closure plan. This plan shall identify the steps necessary to
completely close the facility at its full operation under the permit
conditions. 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. The owner or operator shall so amend his plan any time changes in
operating plans or facility design affects the closure plan. The amended
closure plan shall be placed in the operating record.
c. The owner or operator shall notify the director whenever
an amended closure plan has been prepared and placed in the operating record.
d. Prior to beginning closure of each solid waste
management unit, the owner or operator shall notify the director of the intent
to close.
e. The owner or operator shall provide to the department a
certification from a registered professional engineer that the facility has
been closed in accordance with the closure plan.
3. Time allowed for closure. 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. The director may approve a
longer closure period if the owner or operator can demonstrate that the
required or planned closure activities will, of necessity, take longer than six
months to complete; and that he has taken all steps to eliminate any
significant threat to human health and the environment from the unclosed but
inactive facility.
4. The owner or operator shall post one sign notifying all
persons of the closing, and providing a notice prohibiting further receipt of
waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being delivered.
5. Inspection. The department shall inspect all solid waste
management facilities at the time of closure to confirm that the closing is
complete and adequate. It shall notify the owner of a closed facility, in
writing, if the closure is satisfactory, and shall require any necessary
construction or such other steps as may be necessary to bring unsatisfactory
sites into compliance with this chapter.
9VAC20-80-350. [Reserved] (Repealed.)
9VAC20-80-360. Materials recovery facilities. (Repealed.)
A. Applicability.
1. The siting, design, construction, and operation of a
solid waste management facility which operates to reclaim solid waste shall be
governed by the standards as set forth in this section.
2. The regulations of this section do not apply to:
a. The landfill gas recovery systems operated at active and
closed solid waste disposal facilities which are regulated under 9VAC20-80-390;
b. The storage and treatment facilities associated with the
management of materials conditionally exempt from this chapter on the basis of
9VAC20-80-160 C;
c. The facilities that use materials in a manner that
constitutes disposal that are regulated under Part VIII (9VAC20-80-630 et seq.)
of this chapter; or
d. The disposal of residues from the materials recovery
facilities that is regulated under Part V (9VAC20-80-240 et seq.) of this
chapter.
3. Materials recovery facilities or processes located on the
solid waste disposal facilities regulated under Part V of this chapter shall
conform to the standards of that part.
4. Any material from a state other than Virginia that is
classified as a hazardous waste in the state shall be managed in accordance
with 9VAC20-60 Such wastes are not acceptable for treatment or storage in a
solid waste management facility in the Commonwealth.
B. Siting.
1. Materials recovery facilities shall be adjacent to or
have direct access to roads that are paved or surfaced and capable of
withstanding anticipated load limits.
2. Materials recovery facilities shall not be sited or
constructed in areas subject to base floods. This siting prohibition does not
apply to facilities recovering materials from industrial wastewater received
from off-site.
3. No materials recovery facility shall be closer than:
a. Fifty feet to any surface stream. This siting
prohibition does not apply to facilities recovering materials from industrial
wastewater received from off-site.
b. Fifty feet to any property line; or
c. Two hundred feet to any residential area, health care
facility, school or recreational park area, or similar type public institution.
4. Sites shall allow for sufficient room to minimize traffic
congestion and allow for safe operation.
C. Design/construction.
1. A materials recovery facility shall be so designed to
reduce the potential of elements which may degrade health or the environment
from crossing the facility boundaries. Such elements include fire, vectors,
wash water odor, and litter.
2. An all-weather road suitable for loaded delivery vehicles
shall be provided from the entrance gate to the unloading area.
3. The unloading, receiving, or tipping areas shall be
constructed of impervious materials, provided with a water supply for storage
and transfer area cleaning purposes, and equipped with drains or pumps, or
equivalent means to facilitate the removal of wastewater to proper storage or
disposal.
4. Truck wheel curbs or other safety facilities shall be
provided to prevent backing or falling into a pit if one is used for tipping.
5. The unloading, tipping, receiving, and storage
structures, buildings, and ramps shall be of material that can be easily
cleaned.
6. Sufficient internal storage areas for unprocessed
incoming solid waste will be provided to insure an environmentally sound
operation and afford sufficient space to allow for proper processing of maximum
anticipated daily incoming solid waste.
7. Facility shall be designed in a manner which will prevent
the migration of odors and dust off-site. The facility must meet all
appropriate requirements of the regulations of the Board of Air Pollution
Control where air releases are contemplated.
8. Sufficient on-site queuing capacity shall be provided for
the expected traffic so that the waiting delivery vehicles do not back up onto
the public road.
9. Fire alarm and protection systems capable of detecting,
controlling and extinguishing any and all fires shall be provided.
10. Facilities shall be designed with perimeter security
fencing, or natural barriers, and gate controls to prevent unauthorized access
to the site.
11. The owner or operator of a material recovery facility
engaged in bioremediation shall design, construct and maintain systems for
application of nutrients, provision of air or oxygen, and regulation of moisture
content designed to promote aerobic microbiological degradation. At a minimum
the systems shall be:
a. Designed to be chemically resistant to any waste or
leachate that may come into contact with the system;
b. Of sufficient strength and thickness to prevent collapse
under the pressures exerted by overlying waste, waste cover materials, and by
any equipment used in the area; and
c. Designed to provide operational temperatures that are
favorable to the bioremediation process.
D. Operation.
1. No uncontainerized putrescible waste shall remain at the
materials recovery facility at the end of the working day.
2. Facilities engaged in the reclamation of petroleum
contaminated soils shall perform the analyses required by 9VAC20-80-700 C.
3. Operating Plan. A written operating plan shall be
prepared covering at the minimum:
a. Facility housekeeping, on-site traffic control,
schedules for waste delivery vehicle flow, wastewater collection, storm water
collection, vector control, odor control, noise control, and methods of
enforcement of traffic flow plans for the waste delivery vehicles.
b. A description of methods to determine the usefulness of
the recovered material, frequency of testing and the action the facility owner
or operator will take whenever the material fails the standards applicable to
the recovered product and must be disposed of as waste.
c. The rated capacity of the facility, the capacities of
any waste storage areas, the expected daily quantity of waste residue
generation, and the ultimate disposal location for all facility generated waste
residue.
d. For facilities engaged in the reclamation of soil, a
description of the methods and frequencies of analysis of the reclaimed product
shall be provided as required by 9VAC20-80-700 C.
4. A written contingency plan shall be prepared for a
materials recovery facility covering operating procedures to be employed during
periods of non-processing. This plan shall set forth procedures to be employed
in the event of equipment breakdown which will require standby equipment,
extension of operating hours, or diversion of solid waste to other facilities.
The plan will include emergency loading, unloading, storage, transfer or other
disposal capabilities to be used when the facility down-time exceeds 24 hours.
5. Leachate and washwater from a materials recovery facility
shall not be permitted to drain or discharge into surface waters except when
authorized under a VPDES Permit issued pursuant to 9VAC25-31
6. No hazardous wastes shall be accepted by the materials
recovery facility unless they are specifically exempted by the recycling
provisions of the Virginia Hazardous Waste Management Regulations.
E. Closure.
1. Closure standards. The owner or operator shall close his
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 post-closure escape of uncontrolled leachate,
surface runoff, or waste decomposition products to the ground water, surface
water, or to the atmosphere.
a. At closure, the owner or operator shall remove or
decontaminate all waste residues, contaminated containment system components,
contaminated subsoils, and structures and equipment contaminated with waste and
leachate.
b. If, after removing or decontaminating all residues and
making all reasonable efforts to effect removal or decontamination of
contaminated components, subsoils, structures, and equipment as required in
subdivision 1 a of this subsection, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he shall
close the facility and perform post-closure care in accordance with the closure
and post-closure care requirements of Part V of this chapter.
2. Closure plan and amendment of plan.
a. The owner or operator of a material recovery facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility at its full operation under the permit
conditions. 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 may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan.
c. The owner or operator shall notify the department
whenever an amended closure plan has been prepared and placed in the operating
record.
d. Prior to beginning closure of each solid waste
management unit, the owner or operator shall notify the department of the
intent to close.
e. The owner shall provide to the department a
certification from a registered professional engineer that the facility has
been closed in accordance with the closure plan.
3. Time allowed for closure. 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. The director may approve a
longer closure period if the owner or operator can demonstrate that the
required or planned closure activities will, of necessity, take longer than six
months to complete; and that he has taken all steps to eliminate any
significant threat to human health and the environment from the unclosed but
inactive facility.
4. The owner or operator shall post one sign notifying all
persons of the closing, and providing a notice prohibiting further receipt of
waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being deposited.
5. Inspection. The department shall inspect all solid waste
management facilities at the time of closure to confirm that the closing is
complete and adequate. It shall notify the owner of a closed facility, in
writing, if the closure is satisfactory, and shall require any necessary
construction or such other steps as may be necessary to bring unsatisfactory
sites into compliance with this chapter.
9VAC20-80-370. Energy recovery and incineration facilities.
(Repealed.)
A. Applicability.
1. The siting, design, construction, and operation of the
solid waste and process residue storage and handling facilities associated with
the energy recovery from or incineration of solid wastes shall be governed by
the standards as set forth in this section.
2. The regulations of this section do not apply to:
a. Design and operation of the combustor units regulated by
the State Air Pollution Control Board; or
b. The disposal of residues from the energy recovery or
incineration facilities which is regulated under Part V (9VAC20-80-240 et seq.)
of this chapter.
B. Siting.
1. Energy recovery and incineration facilities shall be
adjacent to or have direct access to roads which are paved or surfaced and
capable of withstanding anticipated load limits.
2. Energy recovery and incineration facilities shall not be
sited or constructed in areas subject to base floods.
3. No facilities for storage or handling of unconverted
solid waste or combustion residues shall extend closer than:
a. Fifty feet to any surface stream;
b. Fifty feet to any property line; or
c. Two hundred feet to any residential area, health care
facility, school or recreational park area, or similar type public institution.
4. Sites shall allow for sufficient room to minimize traffic
congestion and allow for safe operation.
C. Design/construction.
1. The solid waste and combustion residue storage and
handling facilities associated with an energy recovery or incineration system
shall be designed to reduce the potential of elements which may degrade health
or the environment from crossing the facility boundaries. Such elements include
fire, vectors, wash water, odor, and litter.
2. An all-weather road suitable for loaded delivery vehicles
shall be provided from the entrance gate to the unloading, receiving, or
tipping area.
3. All tipping floors, sorting pads, waste storage areas,
bunkers and pits shall be constructed of concrete or other similar quality
material that will withstand heavy vehicle usage. Floor drains shall be
provided in all such area and surfaces shall be appropriately graded to
facilitate washdown operations. Floor drains shall be designed to discharge
wastewater into a collection system for proper disposal. In those cases where
waste or residue storage pits are to be utilized, the base and sidewalls shall
be designed to prevent ground water intrusion.
4. Truck wheel curbs or other safety facilities shall be
provided to prevent backing or falling into a pit if one is used for tipping.
5. The unloading, receiving, and tipping structures,
buildings, and ramps shall be of material that can be easily cleaned.
6. Facilities shall be designed with sufficient internal storage
area for unprocessed incoming solid waste, facility process waste residues and
effluents, and recovered materials, if applicable. The design shall allow for,
at a minimum, three days of storage at maximum anticipated loading rates.
7. The facility shall be designed in a manner which will
prevent the migration of odors and dust off-site.
8. Sufficient on-site queuing capacity shall be provided for
the expected traffic so that the waiting delivery vehicles do not back up onto
the public road.
9. Fire alarm and protection systems capable of detecting,
controlling and extinguishing any and all fires shall be provided.
10. Facilities shall be designed with perimeter security
fencing and gate controls to prevent unauthorized access to the site and to control
the off-site escape of litter.
11. A design description manual will be prepared and
submitted to the department describing or showing:
a. The rated capacity of the facility;
b. The designation of normal loading, unloading and storage
areas and their capacities;
c. The designation of emergency loading, unloading, storage
or other disposal capabilities to be used when the facility system down-time
exceeds 24 hours;
d. The designation of alternate disposal areas or plans for
transfer of solid wastes in the event facility down-time exceeds 72 hours;
e. The expected daily quantity of waste residue generation;
f. The proposed ultimate disposal location for all
facility-generated waste residues including, but not limited to, ash residues and
by-pass material, by-products resulting from air pollution control devices, and
the proposed alternate disposal locations for any unauthorized waste types,
which may have been unknowingly accepted. The schedule for securing contracts
for the disposal of these waste types at the designated locations shall be
provided;
g. A descriptive statement of any materials use, reuse or
reclamation activities to be operated in conjunction with the facility, either
on the incoming solid waste or the ongoing residue;
h. Plan views showing building dimensions, building
setbacks, side and rear distances between the proposed structure and other
existing or proposed structures, roadways, parking areas and site boundaries;
i. Interior floor plans showing the layout, profile view
and dimensions of the processing lines, interior unloading, sorting, storage
and loading areas as well as other functional areas.
D. Operation.
1. Unprocessed incoming waste, facility process waste
residues and effluents, and recovered materials, if applicable, shall be stored
in bunkers, pits, bins, or similar containment vessels and shall be kept at all
times at levels that prevent spillage or overflow. Any waste materials
temporarily stored on the facility's tipping floor shall be stored as stated
above by the end of the working day, or other time frame approved by the
director.
2. A written operating plan shall be prepared covering at
the minimum facility housekeeping, on-site traffic control, schedules for waste
delivery vehicle flow, wastewater collection, storm water collection, vector
control, odor control, noise control, and methods of enforcement of traffic
flow plans for the waste delivery vehicles.
3. The owner or operator shall implement waste receiving
area control procedures that provide for the inspection of the incoming waste
stream for the purpose of removing unprocessible or potentially explosive
materials prior to the initiation of processing. In addition, the inspection
shall effectively prevent the acceptance of unauthorized waste types. A minimum
of 1.0% of the incoming loads of waste shall be inspected. In addition, if the
facility receives waste generated outside of Virginia and the regulatory
structure in that jurisdiction allows for the disposal of wastes at landfills or
the incineration of wastes that Virginia's laws and regulations prohibit or
restrict, a minimum of 10% of the incoming loads of waste from those
jurisdictions shall be inspected. All facilities receiving waste generated
outside of Virginia shall submit an evaluation consistent with 9VAC20-80-113 D.
These procedures and necessary contingency plans shall be incorporated into the
approved operating plan.
4. A written contingency plan shall be prepared for an
energy recovery facility covering operating procedures to be employed during
periods of non-operation. This plan shall set forth procedures to be employed
in the event of equipment breakdown which will require standby equipment,
extension of operating hours, or diversion of solid waste to other facilities.
5. Leachate and washwater from an energy recovery facility
shall not be permitted to drain or discharge into surface waters except when
authorized under a Virginia-NPDES Permit issued pursuant to the State Water
Control Board Regulation (9VAC25-31) NPDES program or otherwise approved by
that agency.
6. No hazardous wastes shall be accepted for processing
unless they are specifically exempted by the provisions of the Virginia
Hazardous Waste Management Regulations (9VAC20-60).
7. Arrangements for disposal of facility-generated waste
shall be established and maintained throughout the life of the energy recovery
or incineration facility.
8. Chemical analyses of residues.
a. The owner or operator shall perform a chemical analyses
of all residual ash, in accordance with the conditions of the solid waste
management facility permit and current solid waste management regulations.
b. Samples and measurements taken for this purpose shall be
representative of the process or operation and shall be performed in accordance
with the procedures outlined in the most recent edition of "Test Methods
for Evaluating Solid Waste Physical/Chemical Methods," EPA publication
SW-846. At a minimum the sampling shall include analyses for toxicity and shall
be performed at the frequency specified in the facility's permit.
c. The department may require the operator to perform
additional analyses on ash removed from exhaust gases and collected by emission
control equipment, at a frequency established by the department in the facility's
permit.
d. A report containing the following information shall be
submitted to the department within 90 days of sample collection:
(1) The date and place of sampling and analysis;
(2) The names of the individuals who performed the sampling
and analysis;
(3) The sampling and analytical methods utilized;
(4) The results of such sampling and analyses; and
(5) The signature and certification of the report by an
appropriate authorized agent for the facility.
E. Closure.
1. Closure standards. The owner or operator shall close his
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 post-closure escape of uncontrolled leachate,
surface runoff, or waste decomposition products to the ground water, surface
water, or to the atmosphere.
a. At closure, the owner or operator shall remove or
decontaminate all waste residues, contaminated containment system components,
and structures and equipment contaminated with waste and leachate.
b. If, after removing or decontaminating all residues and
making all reasonable efforts to effect removal or decontamination of
contaminated components, structures, and equipment as required in subdivision 1
a of this subsection, the owner or operator finds that not all contaminated
subsoils can be practicably removed or decontaminated, he shall close the
facility and perform post-closure care in accordance with the closure and
post-closure care requirements of Part V of this chapter.
2. Closure plan and amendment of plan.
a. The owner or operator of an energy recovery facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility at its full operation under the permit
conditions. 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 may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan.
c. Unless the director has previously approved the closure
plan, the owner or operator shall notify the director that a closure plan or an
amended closure plan has been prepared and placed in the operating record no
later than October 9, 1993, or by the date of closure plan amendment, whichever
is later.
d. Prior to beginning closure of each solid waste
management unit, the owner or operator shall notify the director of the intent
to close.
3. Time allowed for closure. 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. The director may approve a
longer closure period if the owner or operator can demonstrate that the
required or planned closure activities will, of necessity, take longer than six
months to complete, and that he has taken all steps to eliminate any
significant threat to human health and the environment from the unclosed but
inactive facility.
4. The owner or operator shall post one sign notifying all
persons of the closing, and providing a notice prohibiting further receipt of
waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being deposited.
9VAC20-80-380. Surface impoundments and lagoons. (Repealed.)
A. Applicability.
1. Lagoons and surface impoundments are regulated under
state water control law. During the operating life of these facilities, this
chapter does not apply. If the operator intends to close such a facility by
burial of sludges and residue in place, this chapter shall not apply where the
regulating agency establishes the closure requirements in accordance with water
pollution control regulations. If new wastes not contained in the lagoon or
impoundment are proposed to be disposed of with the residue, the operation and
closure of the facility constitutes construction and operation of a landfill
and must be accomplished as specified in Part V (9VAC20-80-240 et seq.) of this
chapter.
2. Leachate lagoons are regulated under Part V of this
chapter and are subject to the requirements for liners in 9VAC20-80-290 C.
B. Closure. At closure, the owner or operator shall:
1. Remove all waste residue, contaminated containment system
components (liners, etc.), contaminated subsoils, and decontaminate structures
and equipment contaminated with waste, and manage them as solid waste (or
hazardous waste, if applicable) unless exempt under Part III (9VAC20-80-140 et
seq.) of this chapter; or
2. Close the impoundment and provide post-closure care for a
landfill under Part V of this chapter, including the following:
a. Eliminate free liquids by removing liquid waste and
waste residue;
b. Install a ground water monitoring system and initiate
ground water monitoring in accordance with the requirements of Part V of this
chapter.
c. Stabilize remaining waste residues to a bearing capacity
sufficient to support the final cover; and
d. Cover the surface impoundment with a final cover
designed and constructed in accordance to the requirements of Part V of this
chapter.
3. Inspection. The department shall inspect all solid waste
management facilities at the time of closure to confirm that the closing is
complete and adequate. It shall notify the owner of a closed facility, in
writing, if the closure is satisfactory, and shall require any necessary
construction or such other steps as may be necessary to bring unsatisfactory
sites into compliance with this chapter.
9VAC20-80-390. [Reserved] (Repealed.)
9VAC20-80-400. Waste piles. (Repealed.)
A. Applicability.
1. The regulations in this section apply to owners and
operators of facilities that store or treat nonputrescible solid waste in
piles.
2. The regulations in this section do not apply to owners or
operators of waste piles that will be closed with wastes left in place. Such
waste piles are subject to regulations contained in Part V (9VAC20-80-240 et
seq.) of this chapter.
3. This section applies to units that manage inert waste,
land clearing debris including stumps and brush, clean wood waste, log yard
scrapings consisting of a mixture of soil and wood, cotton gin trash, peanut
hulls and similar organic wastes that do not readily decompose in piles. This
section does not apply if materials will be actively composted according to the
provisions of 9VAC20-80-330.
4. Any material from a state other than Virginia
that is classified as a hazardous waste in that state shall be managed in
accordance with the Virginia Hazardous Waste Management Regulations (9VAC20-60).
Such wastes are not acceptable for treatment or storage in a solid waste
management facility in the Commonwealth.
5. The regulations in this section do not apply to the
management of industrial co-products in piles. A material shall be considered
an industrial co-product if a demonstration can be made consistent with
9VAC20-80-140 D that the material is not a solid waste.
6. The regulations in this section do not apply to active
logging operations subject to regulation under the provisions of §§ 10.1-1181
through 10.1-1181.2 of the Code of Virginia.
B. Siting.
1. Solid waste management facilities storing or treating
waste in piles shall be adjacent to or have direct access to paved or gravel
roads that are capable of withstanding anticipated load limits.
2. Waste piles shall not be sited or constructed in areas
subject to base floods.
3. Facility treating or storing solid waste in piles shall
not be closer than 50 feet to any surface water body or wetland.
4. No facility treating or storing wastes in piles shall
extend closer than 50 feet to any property line nor closer than 200 feet to any
residential area, health care facility, school or recreational park area, or
similar type public institution.
5. Unless the waste pile is located inside or under a
structure that provides protection from precipitation so that neither run-off
nor leachate is generated, such units shall be provided with an adequate area
to allow for proper management of leachate and runoff in accordance with
subdivision C 2 and D 4 of this section.
C. Design/construction.
1. The owner or operator of any waste pile that is inside or
under a structure that provides protection from precipitation so that neither
run-off nor leachate is generated is not subject to regulation under
subdivision 2 of this subsection, provided that:
a. Liquids or materials containing free liquids are not
placed in the pile;
b. The pile is protected from surface water run-on by the
structure or in some other manner;
c. The pile is designed and operated to control dispersal
of the waste by wind, where necessary, by means other than wetting;
d. The pile will not generate leachate through
decomposition or other reactions; and
e. The structures, buildings, and ramps shall be of
concrete, brick, or other material that can be easily cleaned.
2. Exposed waste piles.
a. Liners. A waste pile (except for an existing portion of
a waste pile) shall have:
(1) A liner that is designed, constructed, and installed to
prevent any migration of wastes out of the pile into the adjacent soil or
ground water or surface water at any time during the active life (including the
closure period) of the waste pile. The liner shall be:
(a) Constructed of materials that have appropriate chemical
properties and sufficient strength and thickness to prevent failure due to
pressure gradients (including static head and external hydrogeologic forces),
physical contact with the waste or leachate to which they are exposed, climatic
conditions, the stress of installation, and the stress of daily operation;
(b) Placed upon a foundation or base capable of providing
support to the liner and resistance to pressure gradients above and below the
liner to prevent failure of the liner due to settlement, compression, or
uplift; and
(c) Installed to cover all surrounding earth likely to be
in contact with the waste or leachate; and
(2) A leachate collection and removal system immediately
above the liner that is designed, constructed, maintained, and operated to
collect and remove leachate from the pile. The design and operating conditions
shall ensure that the leachate depth over the liner does not exceed one foot at
its lowest point. The leachate collection and removal system shall be:
(a) Constructed of materials that are:
(i) Chemically resistant to the waste managed in the pile
and the leachate expected to be generated; and
(ii) Of sufficient strength and thickness to prevent
collapse under the pressures exerted by overlaying wastes, waste cover
materials, and by any equipment used at the pile; and
(b) Designed and operated to function without clogging
through the scheduled closure of the waste pile.
b. The owner or operator will be exempted from the
requirements of subdivision 2 a of this subsection if the director finds, based
on a demonstration by the owner or operator, that alternate design and
operating practices, together with location characteristics, will prevent the
migration of any waste constituents into the ground water or surface water at
any future time. In deciding whether to grant an exemption, the director will
consider:
(1) The nature and quantity of the wastes;
(2) The proposed alternate design and operation;
(3) The hydrogeologic setting of the facility, including
attenuating capacity and thickness of the liners and soils present between the
pile and ground water or surface water; and
(4) All other factors which would influence the quality and
mobility of the leachate produced and the potential for it to migrate to ground
water or surface water;
c. During construction or installation, liners shall be
inspected by the owner's or operator's construction quality assurance personnel
for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or
foreign materials).
d. Immediately after construction or installation.
(1) Synthetic liners shall be inspected to ensure tight
seams and joints and the absence of tears, punctures, or blisters; and
(2) Soil-based liners shall be inspected for imperfections
including lenses, cracks, channels, root holes, or other structural
non-uniformities that may cause an increase in the hydraulic conductivity of
the liner.
(3) Any imperfections in the alternate liner design
approved by the director will be repaired.
e. The owner or operator shall design, construct, operate,
and maintain a run-on control system capable of preventing flow onto the active
portion of the pile during peak discharge from at least a 25-year storm.
f. The owner or operator shall design, construct, operate,
and maintain a run-off management system to collect and control at least the
water volume resulting from a 24-hour, 25-year storm.
3. Area, facilities and appropriate equipment shall be
provided to segregate undesirable components from the incoming solid waste to
be processed.
4. The storage or treatment units shall be designed to
prevent fires and migration of vectors, and to prevent escape of wastes,
washwaters, waste decomposition odors, dust, and litter from the facility. The
storage and treatment units will be designed to withstand the physical,
chemical, and biological characteristics of the waste managed.
5. Materials and energy recovery, incineration, or thermal
treatment facilities that treat or store materials in piles shall be provided
with:
a. Sufficient internal storage areas for unprocessed
incoming solid waste to ensure an environmentally sound operation and afford
sufficient space to allow for proper processing of maximum anticipated daily
incoming solid waste.
b. Areas and appropriate equipment to segregate
nonrecoverable or otherwise undesirable components from the solid waste being
processed.
c. Fire alarm and protection systems capable of detecting,
controlling and extinguishing any and all fires shall be provided.
d. Facilities shall be designed with perimeter security
fencing and gate controls to prevent unauthorized access to the site.
D. Operation.
1. No putrescible solid waste shall remain at the storage
and/or treatment facility at the end of the working day unless it is stored in
lined or covered waste storage areas or, interim transportation vehicles
(trailers, roll-off containers) designed specifically for storage.
2. A written operating plan for the waste management
facility shall be prepared covering at the minimum:
a. Facility housekeeping, on-site traffic control,
schedules for waste delivery vehicle flow, wastewater/leachate collection,
storm water collection, vector control, odor control, dust suppression, noise
control, and methods of enforcement of traffic flow plans for the waste
delivery vehicles;
b. A description of types of wastes that will be managed at
the facility, of the storage or treatment activity, of any required testing
including test methods and frequencies, and sampling techniques.
c. A description of the management and disposition of waste
materials will be provided that addresses waste materials that are undesirable
and will not be received at the facility.
d. Descriptions of first-in, first-out waste management
procedures to ensure that the oldest waste materials being stored are sent
off-site for re-use or disposal prior to newer materials.
e. A fire prevention and suppression program designed to
minimize hazards when storing organic waste streams.
3. A written contingency plan shall be prepared covering
operating procedures to be employed during periods of non-operation. This plan
shall set forth procedures to be employed in the event of equipment breakdown
which will require standby equipment, extension of operating hours, or
diversion of solid waste to other facilities.
4. Leachate and run-off that have been in contact with the
contents of the waste pile shall not be permitted to drain or discharge into
surface waters except when authorized under a VPDES permit issued pursuant to
9VAC25-31.
5. No regulated hazardous wastes shall be accepted for
processing unless they are specifically exempted by the provisions of the
Virginia Hazardous Waste Management Regulations (9VAC20-60).
6. Collection and holding facilities associated with run-on
and run-off control systems shall be emptied or otherwise managed expeditiously
after storms to maintain design capacity of the system.
7. If the pile contains any particulate matter which may be
subject to wind dispersal, the owner or operator shall cover or otherwise
manage the pile to control wind dispersal.
8. While a waste pile is in operation, it shall be inspected
weekly and after storms to detect evidence of any of the following:
a. Deterioration, malfunctions, or improper operation of
run-on and run-off control systems;
b. Proper functioning of wind dispersal control systems,
where present; and
c. The presence of leachate in and proper functioning of
leachate collection and removal systems, where present.
9. Incompatible wastes, or incompatible wastes and materials
shall not be placed in the same pile.
10. Roads serving the unloading, treatment, and storage
areas shall be maintained to be passable in all weather by ordinary vehicles
when the facility is operating. All operation areas and units shall be
accessible.
E. Closure.
1. Closure standards. The owner or operator shall close his
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 post-closure escape of uncontrolled leachate,
surface runoff, or waste decomposition products to the ground water, surface
water, or to the atmosphere.
a. At closure, the owner or operator shall remove or
decontaminate all waste residues, contaminated containment system components
(liners, etc.), contaminated subsoils, and structures and equipment
contaminated with waste and leachate.
b. If, after removing or decontaminating all residues and
making all reasonable efforts to effect removal or decontamination of
contaminated components, subsoils, structures, and equipment as required in
subdivision 1 a of this subsection, the owner or operator finds that not all
contaminated subsoils can be practicably removed or decontaminated, he shall close
the facility and perform post-closure care in accordance with the closure and
post-closure care requirements of Part V of this chapter.
2. Closure plan and amendment of plan.
a. The owner or operator of a waste pile shall have a
written closure plan. This plan shall identify the steps necessary to
completely close the unit at its full operation under the permit conditions.
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 may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan.
c. The owner or operator shall notify the department
whenever an amended closure plan has been prepared and placed in the operating
record. A copy of the closure plan will be maintained at the facility and
provided to the department upon request.
d. Prior to beginning closure of each solid waste disposal
unit, the owner or operator shall notify the department of the intent to close.
e. The owner or operator shall provide to the department a
certification from a registered professional engineer that the facility has
been closed in accordance with the closure plan.
3. Time allowed for closure. 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. The director may approve a
longer closure period if the owner or operator can demonstrate that the
required or planned closure activities will, of necessity, take longer than six
months to complete; and that he has taken all steps to eliminate any
significant threat to human health and the environment from the unclosed but
inactive facility.
4. Within 15 days of the last receipt of waste, the owner or
operator shall post one sign notifying all persons of the closing, and
providing a notice prohibiting further receipt of waste materials. The sign
will remain in place until closure activities are complete. Further, suitable barriers
shall be installed at former accesses to prevent new waste from being
deposited.
5. Inspection. The department shall inspect all solid waste
management facilities at the time of closure to confirm that the closing is
complete and adequate. It shall notify the owner of a closed facility, in
writing, if the closure is satisfactory, and shall require any necessary
construction or such other steps as may be necessary to bring unsatisfactory
sites into compliance with this chapter.
9VAC20-80-410 to 9VAC20-80-440. [Reserved]. (Repealed.)
9VAC20-80-450. Remediation waste management units. (Repealed.)
A. General.
1. For the purpose of implementing remedies under Part IV
(9VAC20-80-170 et seq.) of this chapter or under the Voluntary Remediation Regulations
(9VAC20-160-10 et seq.), the director may designate an area of a facility as a
remediation waste management unit (RWMU), as defined in Part I (9VAC20-80-10 et
seq.) of this chapter. One of more RWMUs may be designated at a facility.
2. The director may designate a unit subject to this chapter
as an RWMU, or incorporate such a unit into a designated RWMU if:
a. The unit is closed or has begun the closure process
under 9VAC20-80-250 E 4 a, 9VAC20-80-260 E 3, or 9VAC20-80-270 E 3; and
b. Inclusion of the unit will enhance implementation of
effective, protective, and reliable remedial actions for the facility.
3. Consolidation or placement of remediation wastes into a
designated RWMU does not constitute creation of a unit subject to the siting, design
and operation requirements of Part V (9VAC20-80-240 et seq.) of this chapter
and the permitting requirements of Part VII (9VAC20-80-480 et seq.) of this
chapter.
4. The applicable requirements for ground water monitoring
and closure under 9VAC20-80-250 D and E, 9VAC20-80-260 D and E, or
9VAC20-80-270 D and E will continue to apply to the RWMU.
B. Criteria for designating RWMUs. The director will
designate an RWMU if he finds that:
1. The RWMU shall facilitate the implementation of reliable,
protective and cost-effective remedies;
2. Waste management activities associated with the RWMU
shall not create unacceptable risks to humans or to the environment resulting
from exposure to solid wastes and solid waste constituents;
3. If an inclusion of uncontaminated areas of the facility
into an RWMU is requested, such an inclusion will be more protective than
management of such wastes at contaminated areas of the facility;
4. Areas within the RWMU where wastes remain in place after
closure of the RWMU shall be managed and contained so as to minimize future
releases, to the extent practicable;
5. The RWMU shall expedite the timing of the remedial
activity implementation when appropriate and practicable;
6. The RWMU shall enable the use, when appropriate, of
treatment technologies (including innovative treatment technologies) to enhance
the long-term effectiveness of remedial actions by reducing the toxicity,
mobility or volume of wastes that will remain in place after closure of the
RWMU; and
7. The RWMU shall, to the extent practicable, minimize the
land area of the facility upon which wastes will remain in place after closure
of the RWMU.
C. Requirements. The director will specify the requirements
for RWMUs to include but not be limited to the following:
1. The areal configuration of the RWMU;
2. Requirements for remediation waste management to include
the specification of applicable design, operation and closure requirements;
3. Requirements for ground water monitoring that are
sufficient to:
a. Continue to detect and to characterize the nature,
extent, concentration, direction, and movement of existing releases of solid
waste constituents in ground water from sources located within the RWMU; and
b. Detect and subsequently characterize releases of solid
waste constituents to ground water that may occur from areas of the RWMU in
which wastes will remain in place after closure of the RWMU.
4. Closure and post-closure care requirements:
a. Closure of RWMUs shall:
(1) Minimize the need for further maintenance; and
(2) Control, minimize, or eliminate, to the extent
necessary to protect human health and the environment, for areas where wastes
remain in place, post-closure escape of solid waste, solid waste constituents,
leachate, contaminated run-off, or waste decomposition products to the ground,
to surface waters, or to the atmosphere.
b. Requirements for closure of an RWMU shall include the
following, as appropriate and deemed necessary by the director for a given
RWMU:
(1) Requirements for excavation, removal, treatment or
containment of wastes;
(2) For areas in which wastes will remain in place after
closure of the RWMU, requirements for capping of such areas; and
(3) Requirements for decontamination of equipment, devices,
and structures in remediation waste management activities within the RWMU.
c. In establishing specific closure requirements for RWMUs,
the director will consider the following factors:
(1) RWMU characteristics;
(2) Volume of waste which remains in place after closure;
(3) Potential for releases from the RWMU;
(4) Physical and chemical characteristics of the waste;
(5) Hydrological and other relevant environmental
conditions at the facility which may influence the migration of any potential
or actual releases; and
(6) Potential for exposure of humans and environmental
receptors if releases were to occur from the RWMU.
d. Post-closure requirements as necessary to protect human
health and the environment to include, for areas where wastes will remain in
place, monitoring and maintenance activities and the frequency with which such
activities shall be performed in order to ensure the integrity of any final
cap, final cover, or other containment system.
5. The director will document the rationale for designating
RWMUs.
6. The designation of an RWMU does not change the
department's existing authority to address clean-up levels, media specific
points of compliance to be applied to remediation at a facility, or other
remedy selection decisions.
D. Temporary units.
1. Temporary tanks and container storage areas may be used
for treatment or storage of remediation wastes during remedial activities, if
the director determines that design, operating, or closure standards applicable
to RWMUs may be replaced by alternative requirements which are protective of
human health and the environment.
2. Any temporary unit to which alternative requirements are
applied shall be:
a. Located within the facility boundary; and
b. Used only for the treatment or storage of remediation
wastes.
3. In establishing standards to be applied to temporary
units, the director will consider the following factors:
a. Length of time such unit will be in operation;
b. Type of unit;
c. Volumes of waste to be managed;
d. Physical and chemical characteristics of the waste to be
managed in the unit;
e. Potential for releases from the unit;
f. Hydrogeological and other relevant environmental
conditions at the facility which may influence migration of any potential
releases; and
g. Potential for exposure of humans and environmental
receptors if releases were to occur from the unit.
4. The director will specify the length of time a temporary
unit will be allowed to operate, to be no longer than a period of one year. The
director will also specify the design, operating, and closure requirements for
the unit.
5. The director may extend the operational period of a
temporary unit once for a period of one year beyond that originally specified,
if the director determines that:
a. Continued operation of the unit will not pose a threat
to human health and the environment; and
b. Continued operation of the unit is necessary to ensure
timely and efficient implementation of the remedial actions at the facility.
9VAC20-80-460. Landfill mining. (Repealed.)
A. Because of the varied and experimental nature of the
landfill mining processes currently employed, 9VAC20-80-470 offers the most
appropriate management standards. For this reason, appropriate portions of that
section shall be made applicable to the mining process.
B. In addition to fulfilling appropriate requirements of
9VAC20-80-470, the owner or operator of a landfill mining facility shall
prepare an operational plan which will describe in detail the procedures that
will be employed in opening the closed landfill areas, the phased description
of opened areas, the procedures that will be employed in excavation of opened
areas, the management of excavated materials, and disposition of recovered
materials and unusable residues. The operational plan shall also contain an
estimate of the duration of the mining process and the final use of the
recovered air space.
C. In cases where residues will be disposed on site, the
disposal units shall be regulated under Part V (9VAC20-80-240 et seq.) of this
chapter.
9VAC20-80-470. Miscellaneous units. (Repealed.)
A. The requirements in this section apply to owners and
operators of facilities that treat or store solid waste in facilities or units
not otherwise regulated under Part V (9VAC20-80-240 et seq.) of this chapter or
9VAC20-80-330 through 9VAC20-80-460.
B. A miscellaneous unit shall be located, designed,
constructed, operated, maintained, and closed in a manner that will ensure
protection of human health and the environment. Permits for miscellaneous units
are to contain such terms and provisions as necessary to protect human health
and the environment, including, but not limited to, as appropriate, siting,
design and operating requirements, detection and monitoring requirements, and
requirements for responses to releases of solid waste or constituents of solid
wastes from the unit. Permit terms and provisions shall include those
requirements of Part V of this chapter, 9VAC20-80-330 through 9VAC20-80-460, and
Parts VII (9VAC20-80-480 et seq.) and VIII (9VAC20-80-630 et seq.) of this
chapter, that are appropriate for the miscellaneous unit being permitted.
C. Protection of human health and the environment includes,
but is not limited to:
1. Proper location of the facility and the unit considering:
a. The hydrologic and geologic characteristics of the unit
and the surrounding area, including the topography of the land around the
facility and the unit;
b. The atmospheric and meteorological characteristics of
the unit and the surrounding area;
c. The patterns of precipitation in the region;
d. The patterns of land use in the surrounding area;
e. The potential for health risks caused by human exposure
to waste constituents; and
f. The potential for damage to domestic animals, wildlife,
crops, vegetation, and physical structures caused by exposure to waste
constituents.
2. Prevention of any releases that may have adverse effects
on human health or the environment due to migration of waste constituents in
the ground water or subsurface environment, considering:
a. The volume and physical and chemical characteristics of
the waste in the unit, including its potential for migration through soil,
liners, or other containing structures;
b. The existing quality of ground water, including other
sources of contamination and their cumulative impact on the ground water;
c. The quantity and direction of ground water flow;
d. The proximity to and withdrawal rates of current and
potential ground water uses;
e. The potential for deposition or migration of waste
constituents into subsurface physical structures, and into the root zone of
food-chain crops and other vegetation.
3. Prevention of any releases that may have adverse effects
on human health or the environment due to migration of waste constituents in
surface water, or wetlands or on the soil surface considering:
a. The volume and physical and chemical characteristics of
the waste in the unit;
b. The effectiveness and reliability of containing,
confining, and collecting systems and structures in preventing migration;
c. The quantity, quality, and direction of ground water
flow;
d. The proximity of the unit to surface waters;
e. The current and potential uses of nearby surface waters
and any water quality standards established for those surface waters; and
f. The existing quality of surface waters and surface
soils, including other sources of contamination and their cumulative impact on
surface waters and surface soils.
4. Prevention of any release that may have adverse effects
on human health or the environment due to migration of waste constituents in
the air, considering;
a. The volume and physical and chemical characteristics of
the waste in the unit, including its potential for the emission and dispersal
of gases, aerosols and particulates;
b. The effectiveness and reliability of systems and
structures to reduce or prevent emissions of waste constituents to the air;
c. The operating characteristics of the unit; and
d. The existing quality of the air, including other sources
of contamination and their cumulative impact on the air.
D. Monitoring, analysis, inspection, response, reporting,
and corrective action. Monitoring, testing, analytical data, inspections,
response, and reporting procedures and frequencies when called for by the
performance standards in subsection C of this section shall ensure compliance
with any applicable requirements of Parts V, VI, or VIII of this chapter, as
well as meet any additional requirements needed to protect human health and the
environment as specified in the permit.
E. Closure.
1. The owner or operator shall close the facility or the
unit 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 post-closure escape of uncontrolled leachate, surface
runoff, or waste decomposition products to the ground water, surface water, or
to the atmosphere. All waste, materials contaminated with waste constituents,
and treatment residue shall be removed and disposed in a permitted facility.
2. Closure plan and amendment of plan.
a. The owner or operator of a miscellaneous unit shall have
a written closure plan. This plan shall identify the steps necessary to
completely close the facility at its full operation under the permit
conditions. 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 may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan.
c. The owner or operator shall notify the department that a
closure plan or an amended closure plan has been prepared and placed in the
operating record.
d. Prior to beginning closure of each solid waste disposal
unit, the owner or operator shall notify the department of the intent to close.
3. Time allowed for closure. 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. The director may approve a
longer closure period if the owner or operator can demonstrate that the
required or planned closure activities will, of necessity, take longer than six
months to complete, and that he has taken all steps to eliminate any
significant threat to human health and the environment from the unclosed but
inactive facility.
4. The owner or operator shall post one sign notifying all
persons of the closing, and providing a notice prohibiting further receipt of
waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being delivered.
5. Inspection. The department shall inspect all solid waste
management facilities at the time of closure to confirm that the closing is
complete and adequate. It shall notify the owner of a closed facility, in
writing, if the closure is satisfactory, and shall require any necessary
construction or such other steps as may be necessary to bring unsatisfactory
sites into compliance with this chapter.
F. Post-closure care. If a treatment or storage unit has
contaminated soils or ground water that cannot be completely removed or
decontaminated during closure, it shall close as a disposal unit in accordance
with the requirements of Part V of this chapter.
Part VII
Permitting of Solid Waste Management Facilities
9VAC20-80-480. Applicability. (Repealed.)
A. No person shall construct, operate or modify a solid
waste management facility in this Commonwealth without a permit issued by the
director unless otherwise specified in subsection D of this section or
9VAC20-80-485.
B. Each solid waste management facility permit shall be
limited to one site and shall be nontransferable between sites.
C. Issuance of a new permit is required when there is:
1. Any new solid waste management facility;
2. Any change in design or process of a solid waste
management facility that will, in the opinion of the director, result in a
substantially different type of facility; or
3. Any expansion beyond the facility boundary, expansion of
the waste management unit boundary or increase in the capacity of the facility
specified in the existing permit. Expansions beyond the facility boundary
solely for remedial purposes that do not provide for additional waste disposal
area will be considered permit amendments for the purpose of establishing
permit fees under the provisions of 9VAC20-90. For all other considerations,
expansions for remedial purposes will be considered a new permit.
D. Exemptions from permit requirements. Notwithstanding the
above, the following shall not require a permit:
1. The management of materials excluded under 9VAC20-80-150
or conditionally exempt under 9VAC20-80-160;
2. The solid waste management practices conditionally exempt
under 9VAC20-80-60 D;
3. Use or reuse or temporary storage incidental to use or
reuse whereby material which would otherwise be solid waste is used or reused,
or prepared for use or reuse, as an ingredient in an industrial process to make
a product, or as an effective substitute for a commercial product;
NOTE: This exemption does not include reclamation processes,
storage prior to reclamation, and storage of speculatively accumulated
materials.
4. The management of wastes regulated under other
regulations of the department as specified in 9VAC20-80-120; or
5. The management of wastes in remediation waste management
units regulated under 9VAC20-80-450.
E. Variances. The director may grant a variance from any
regulation contained in this part to a permittee provided the requirements of
Part IX (9VAC20-80-730 et seq.) of this chapter are met.
9VAC20-80-485. Permits-by-rule and other special permits.(Repealed.)
A. Permits by rule. Unless the owner or operator of the following
facilities chooses to apply for and receive a full permit, he shall be deemed
to have a solid waste management facility permit notwithstanding any other
provisions of Part VII (9VAC20-80-480 et seq.) of this chapter, except
9VAC20-80-500 B 2 and B 3, if the conditions listed are met:
1. Transfer stations. The owner or operator of a transfer
station, if he:
a. Notifies the director of his intent to operate such a
facility and provides to the department documentation required under
9VAC20-80-500 B;
b. Provides the director with a certification that the
facility meets the siting standards of 9VAC20-80-340 B;
c. Furnishes to the director a certificate signed by a
registered professional engineer that the facility has been designed and
constructed in accordance with the standards of 9VAC20-80-340 C;
d. Submits to the director an operational plan describing
how the standards of 9VAC20-80-340 D will be met;
e. Submits to the director a closure plan describing how
the standards of 9VAC20-80-340 E will be met; and
f. Submits to the director the proof of financial
responsibility if required by the Financial Assurance Regulations for Solid
Waste Disposal, Transfer, and Treatment Facilities (9VAC20-70); and
g. Submits to the director the results of the public participation
effort conducted in accordance with the requirements contained in subdivision 6
of this subsection.
2. Materials recovery facilities. The owner or operator of a
materials recovery facility, if the owner or operator:
a. Notifies the director of his intent to operate such a
facility and provides the department with documentation required under
9VAC20-80-500 B;
b. Provides the director with a certification that the
facility meets the siting standards of 9VAC20-80-360 B, as applicable;
c. Furnishes to the director a certificate signed by a
registered professional engineer that the facility has been designed and
constructed in accordance with the standards of 9VAC20-80-360 C, as applicable;
d. Submits to the director an operational plan describing how
the standards of 9VAC20-80-360 D, as applicable, will be met;
e. Submits to the director a closure plan describing how
the standards of 9VAC20-80-360 E, as applicable, will be met;
f. Submits to the director the proof of financial
responsibility if required by the Financial Assurance Regulations for Solid
Waste Disposal, Transfer, and Treatment Facilities (9VAC20-70);
g. Submits to the director the results of the public
participation effort conducted in accordance with the requirements contained in
subdivision 6 of this subsection; and
h. In addition to the above, in the case of facilities
engaged in reclamation of petroleum-contaminated materials, submits to the
director:
(1) A copy of the facility permit issued in accordance with
the regulations promulgated by the of Air Pollution Control Board when
applicable; and
(2) A description how the requirements of 9VAC20-80-700
will be met.
Existing soil reclamation facilities which became
operational prior to March 15, 1993, on the basis of written
approval from the director, are considered to be operating under a
permit-by-rule.
3. Energy recovery, thermal treatment, or incineration
facility. The owner or operator of an energy recovery, thermal treatment, or
incineration facility, if he:
a. Notifies the director of his intent to operate such a
facility and provides to the department documentation required under
9VAC20-80-500 B;
b. Provides the director with a certification that the
facility meets the siting standards of 9VAC20-80-370 B, as applicable;
c. Furnishes to the director a certificate signed by a
registered professional engineer that the facility has been designed and
constructed in accordance with the standards of 9VAC20-80-370 C, as applicable;
d. Submits to the director an operational plan describing how
the standards of 9VAC20-80-370 D, as applicable, will be met;
e. Submits to the director a closure plan describing how
the standards of 9VAC20-80-370 E, as applicable, will be met;
f. Submits to the director the proof of financial
responsibility if required by the Financial Assurance Regulations for Solid
Waste Disposal, Transfer, and Treatment Facilities (9VAC20-70); and
g. Furnishes to the director a copy of the facility permit
issued in accordance with the regulations promulgated by the Air Pollution
Control Board.
In addition to the above, in the case of thermal treatment
facilities engaged in reclamation of petroleum-contaminated materials, submits
to the director a description of how the requirements of 9VAC20-80-700 will be
met.
4. Composting facilities. The owner or operator of all Type
A or Type B facilities that receive no more than 700 tons per quarter of
compostable materials, if he:
a. Notifies the director of his intent to operate such a
facility and provides to the department documentation required under
9VAC20-80-500 B;
b. Provides the director with the description of the type
of facility and the classification of materials that will be composted as
classified under 9VAC20-80-330 A 4;
c. Provides the director with a certification that the facility
meets the siting standards of 9VAC20-80-330 B;
d. Furnishes to the director a certificate signed by a
registered professional engineer that the facility has been designed and
constructed in accordance with the standards of 9VAC20-80-330 C;
e. Submits to the director an operational plan describing
how the standards of 9VAC20-80-330 D will be met;
f. Submits to the director a closure plan describing how
the standards of 9VAC20-80-330 E will be met;
g. Submits to the director the proof of financial responsibility
if required by the Financial Assurance Regulations for Solid Waste Disposal,
Transfer, and Treatment Facilities (9VAC20-70); and
h. Submits to the director the results of the public
participation effort conducted in accordance with the requirements contained in
subdivision 6 of this subsection.
5. Waste piles. The owner or operator of a waste pile, if
the owner or operator:
a. Notifies the director of his intent to operate such a
facility and provides the department with documentation required under
9VAC20-80-500 B;
b. Provides the director with a certification that the
facility meets the siting standards of 9VAC20-80-400 B, as applicable;
c. Furnishes to the director a certificate signed by a
registered professional engineer that the facility has been designed and
constructed in accordance with the standards of 9VAC20-80-400 C, as applicable;
d. Submits to the director an operational plan, including a
contingency plan, describing how the standards of 9VAC20-80-400 D, as
applicable, will be met;
e. Submits to the director a closure plan describing how
the standards of 9VAC20-80-400 E, as applicable, will be met;
f. Submits to the director the proof of financial
responsibility if required by the Financial Assurance Regulations for Solid
Waste Facilities (9VAC20-70);
g. Submits to the director the results of the public
participation effort conducted in accordance with the requirements contained in
subdivision 6 of this subsection; and
h. Submits to the director a copy of the facility's VPDES
permit if applicable.
6. Public participation.
a. Before the initiation of any construction at the
facility under subdivision 1, 2, 3, or 4 of this subsection, the owner or
operator shall publish a notice once a week for two consecutive weeks in a
major local newspaper of general circulation informing the public that he
intends to construct and operate a facility eligible for a permit-by-rule. The
notice shall include:
(1) A brief description of the proposed facility and its
location;
(2) A statement that the purpose of the public
participation is to acquaint the public with the technical aspects of the
facility and how the standards and the requirements of this chapter will be
met, to identify issues of concern, to facilitate communication and to
establish a dialogue between the permittee and persons who may be affected by
the facility;
(3) Announcement of a 30-day comment period, in accordance
with subdivision 6 d of this subsection, and the name, telephone number, and
address of the owner's or operator's representative who can be contacted by the
interested persons to answer questions or where comments shall be sent;
(4) Announcement of the date, time, and place for a public
meeting held in accordance with subdivision 6 c of this subsection; and
(5) Location where copies of the documentation to be
submitted to the department in support of the permit-by-rule notification and
any supporting documents can be viewed and copied.
b. The owner or operator shall place a copy of the
documentation and support documents in a location accessible to the public in
the vicinity of the proposed facility.
c. The owner or operator shall hold a public meeting not
earlier than 15 days after the publication of the notice required in
subdivision 6 a of this subsection and no later than seven days before the
close of the 30-day comment period. The meeting shall be held to the extent
practicable in the vicinity of the proposed facility.
d. The public shall be provided 30 days to comment on the
technical and the regulatory aspects of the proposal. The comment period will
begin on the date the owner or operator publishes the notice in the local
newspaper.
e. The requirements of this section do not apply to the
owners or operators of a material or energy recovery facility, an incinerator
or a thermal treatment unit that has received a permit from the department
based on the regulations promulgated by the State Air Pollution Control Board
or State Water Control Board that required facility-specific public
participation procedures.
7. Upon receiving the certifications and other required
documents, including the results of the public meeting and the applicant's
response to the comments received, the department shall respond within 30
calendar days. If the applicant's submission is administratively incomplete,
the letter will state that the facility will not be considered to have a
permit-by-rule until the missing certifications or other required documentation
is submitted. At the time of the initial receipt or at a later date, the
director may require changes in the documents designed to assure compliance
with the standards of Part VI (9VAC20-80-320 et seq.) and Part VIII
(9VAC20-80-630 et seq.), if applicable. Should such changes not be accomplished
by the facility owner or operator, the director may require the operator to
submit the full permit application and to obtain a regular solid waste
management facility permit.
8. Change of ownership. A permit by rule may not be
transferred by the permittee to a new owner or operator. However, when the property
transfer takes place without proper closure, the new owner shall notify the
department of the sale and fulfill all the requirements contained in
subdivisions 1 through 4 of this subsection with the exception of those dealing
with the financial assurance. Upon presentation of the financial assurance
proof required by 9VAC20-70 by the new owner, the department will release the
old owner from his closure and financial responsibilities and acknowledge
existence of the new permit by rule in the name of the new owner.
9. Facility modifications. The owner or operator of a
facility operating under a permit by rule may modify its design and operation
by furnishing the department a new certificate prepared by the professional
engineer and new documentation required under subdivision 1, 2, 3, 4, or 5 as
applicable, and 6 of this subsection. Whenever modifications in the design or
operation of the facility affect the provisions of the approved closure plan,
the owner or operator shall also submit an amended closure plan. Should there
be an increase in the closure costs, the owner or operator shall submit a new
proof of financial responsibility as required by the Financial Assurance
Regulations for Solid Waste Disposal, Transfer, and Treatment Facilities
(9VAC20-70).
10. Loss of permit by rule status. In the event that a
facility operating under a permit by rule violates any applicable siting,
design and construction, or closure provisions of Part VI of this chapter, the
owner or operator of the facility will be considered to be operating an
unpermitted facility as provided for in 9VAC20-80-80 and shall be required to
either obtain a new permit as required by Part VII or close under Part V or VI
of this chapter, as applicable.
11. Termination. The director shall terminate permit by rule
and shall require closure of the facility whenever he finds that:
a. As a result of changes in key personnel, the
requirements necessary for a permit by rule are no longer satisfied;
b. The applicant has knowingly or willfully misrepresented
or failed to disclose a material fact in his disclosure statement, or any other
report or certification required under this chapter, or has knowingly or
willfully failed to notify the director of any material change to the
information in the disclosure statement;
c. Any key personnel have been convicted of any of the
crimes listed in § 10.1-1409 of the Code of Virginia, punishable as felonies
under the laws of the Commonwealth, or the equivalent of them under the laws of
any other jurisdiction; or has been adjudged by an administrative agency or a
court of competent jurisdiction to have violated the environmental protection
laws of the United States, the Commonwealth or any other state and the director
determines that such conviction or adjudication is sufficiently probative of
the permittee's inability or unwillingness to operate the facility in a lawful
manner; or
d. The operation of the facility is inconsistent with the
facility's operations manual and the operational requirements of the
regulations.
B. Emergency permits. Notwithstanding any other provision
of Part VII of this chapter, in the event the director finds an imminent and
substantial endangerment to human health or the environment, the director may
issue a temporary emergency permit to a facility to allow treatment, storage,
or disposal of solid waste for a nonpermitted facility or solid waste not
covered by the permit for a facility with an effective permit. Such permits:
1. May be oral or written. If oral, it shall be followed
within five days by a written emergency permit;
2. Shall not exceed 90 days in duration;
3. Shall clearly specify the solid wastes to be received,
and the manner and location of their treatment, storage, or disposal;
4. Shall be accompanied by a public notice including:
a. Name and address of the office granting the emergency
authorization;
b. Name and location of the facility so permitted;
c. A brief description of the wastes involved;
d. A brief description of the action authorized and reasons
for authorizing it;
e. Duration of the emergency permit; and
5. Shall incorporate, to the extent possible and not
inconsistent with the emergency situation, all applicable requirements of this
chapter.
C. Experimental facility permits.
1. The director may issue an experimental facility permit
for any solid waste treatment facility which proposes to utilize an innovative
and experimental solid waste treatment technology or process for which permit
standards for such experimental activity have not been promulgated under Part
VI of this chapter. Any such permit shall include such terms and conditions as
will assure protection of human health and the environment. Such permits:
a. Shall provide for the construction of such facilities
based on the standards shown in 9VAC20-80-470, as necessary;
b. Shall provide for operation of the facility for no
longer than one calendar year unless renewed as provided in subdivision 3 of
this subsection;
c. Shall provide for the receipt and treatment by the
facility of only those types and quantities of solid waste which the director
deems necessary for purposes of determining the efficiency and performance
capabilities of the technology or process and the effects of such technology or
process on human health and the environment; and
d. Shall include such requirements as the director deems
necessary to protect human health and the environment (including, but not
limited to, requirements regarding monitoring, operation, closure and remedial
action), and such requirements as the director deems necessary regarding
testing and providing of information to the director with respect to the
operation of the facility.
2. For the purpose of expediting review and issuance of
permits under this subsection, the director may, consistent with the protection
of human health and the environment, modify or waive permit application and
permit issuance requirements in Part VII of this chapter except that there may
be no modification or waiver of regulations regarding local certification,
disclosure statement requirements, financial responsibility (including
insurance) or of procedures regarding public participation.
3. Any permit issued under this subsection may be renewed
not more than three times. Each such renewal shall be for a period of not more
than one calendar year.
D. Research, development and demonstration plans. Research,
development and demonstration (RDD) plans may be submitted for new sanitary
landfills, existing sanitary landfills, or expansions of existing sanitary
landfills.
1. Requirements.
a. No landfill owner or operator may commence a RDD plan
without prior approval by the department through either a new permit or major
permit amendment. Major amendments for a RDD plan that do not involve an
increase in the landfill final grades or a lateral expansion of the footprint
will not be subject to the landfill expansion criteria in 9VAC20-80-250 and
9VAC20-80-500.
b. Operating permitted sanitary landfills that have
exceeded groundwater protection standards at statistically significant levels
in accordance with 9VAC20-80-300 B, from any waste unit on site shall have
implemented a remedy in accordance with 9VAC20-80-310 C prior to the RDD plan
submittal. Operating permitted sanitary landfills that have an exceedance in
gas migration in accordance with 9VAC20-80-280 shall have a gas control system
in place per 9VAC20-80-280 B prior to the RDD plan submittal.
c. RDD plans may be submitted for items such as the
addition of liquids in addition to leachate and gas condensate from the same
landfill for accelerated decomposition of the waste mass; allowing run-on water
to flow into the landfill waste mass; and allowing testing of the construction
and infiltration performance of alternative final cover systems. An RDD plan may
be proposed for other measures to be taken to enhance stabilization of the
waste mass.
d. All sanitary landfill units with an approved RDD plan
shall have a leachate collection system designed and constructed to maintain
less than a 30-cm depth of leachate on the liner.
e. An owner or operator of a sanitary landfill that
disposes of 20 tons of municipal solid waste per day or less, based on annual
average, may not apply for an RDD plan.
f. No landfill owner or operator may continue to implement an
RDD plan beyond any time limit placed in the initial plan approval or any
renewal without issuance of written prior approval by the department.
Justification for renewals shall be based upon information in annual and final
reports as well as research and findings in technical literature.
g. RDD plans shall be restricted to permitted sanitary
landfills. Landfills for disposal of wastes, as listed in 9VAC20-80-250 C 16
and other wastes as approved, shall be designed with a composite liner, as
required by 9VAC20-80-250 B 9 or 10. The effectiveness of the liner system and
leachate collection system shall be demonstrated in the plan. The effectiveness
of the liner and leachate collection system shall be assessed at the end of the
testing period, with comparison to the effectiveness of the systems at the
start of the testing period.
h. RDD plans may not include changes to the approved design
and construction of subgrade preparation, liner system, leachate collection and
removal systems, final cover system, gas and leachate systems outside the
limits of waste, run-off controls, run-on controls, or environmental monitoring
systems exterior to the waste mass.
i. Implementation of an approved research development and
demonstration plan shall comply with the specific conditions of the RDD plan as
approved in the permit or permit amendment for the initial testing period and
any renewal.
j. Structures and features exterior to the waste mass or
waste final grades shall be removed at the end of the testing period, unless otherwise
approved by the department in writing.
k. The RDD plan may propose an alternate final cover
installation schedule.
2. An RDD plan shall include the following details and
specifications. Processes other than adding liquids to the waste mass and leachate
recirculation may be practiced in conjunction with the research, development
and demonstration plan.
a. Initial applications for RDD plans shall be submitted
for review and approval prior to the initiation of the process to be tested.
These plans shall specify the process that will be tested, describe preparation
and operation of the process, describe waste types and characteristics that the
process will affect, describe desired changes and end points that the process
is intended to achieve, define testing methods and observations of the process
or waste mass that are necessary to assess effectiveness of the process, and
include technical literature references and research that support use of the
process. The plans shall specify the time period for which the process will be
tested. The plans shall specify the additional information, operating
experience, data generation or technical developments that the process to be
tested is expected to generate.
b. The test period for the initial application shall be
limited to a maximum of three years.
c. Renewals of testing periods shall be limited to a
maximum of three years each. The maximum number of renewals shall be limited to
three.
d. Renewals shall require department review and approval of
reports of performance and progress on achievement of goals specified in the
RDD plan.
e. RDD plans for addition of liquids, in addition to
leachate and gas condensate from the same landfill, for accelerated
decomposition of the waste mass and/or for allowing run-on water to flow into
the landfill waste mass shall demonstrate that there is no increased risk to
human health and the environment. The following minimum performance criteria
shall be demonstrated:
(1) Risk of contamination to groundwater and/or surface
water will not be greater than the risk without an approved RDD plan.
(2) Stability analysis demonstrating the physical stability
of the landfill.
(3) Landfill gas collection and control in accordance with
applicable Clean Air Act requirements (i.e., Title V, NSPS or EG rule, etc.).
(4) For RDD plans that include the addition of off-site
nonhazardous waste liquids to the landfill, the following information shall be
submitted with the RDD plan:
(a) Demonstration of adequate facility liquid storage
volume to receive the off-site liquid;
(b) A list of proposed characteristics for screening the
accepted liquids is developed; and
(c) The quantity and quality of the liquids are compatible
with the RDD plan.
If off-site nonhazardous liquids are certified by the
off-site generator as storm water uncontaminated by solid waste, screening is
not required for this liquid.
f. RDD plans for testing of the construction and
infiltration performance of alternative final cover systems shall demonstrate
that there is no increased risk to human health and the environment. The
proposed final cover system shall be as protective as the final cover system
required by 9VAC20-80-250 E. The following minimum performance criteria shall
be demonstrated:
(1) No build-up of excess liquid in the waste and on the
landfill liner;
(2) Stability analysis demonstrating the physical stability
of the landfill;
(3) No moisture will escape from the landfill to the
surface water and/or groundwater; and
(4) Sufficient reduction in infiltration so that there will
be no leakage of leachate from the landfill.
g. RDD plans that evaluate introduction of liquids in
addition to leachate or gas condensate from the same landfill shall propose
measures to be integrated with any approved leachate recirculation plan and
compliance with requirements for leachate recirculation.
h. RDD plans shall include a description of warning
symptoms and failure thresholds that will be used to initiate investigation,
stand-by, termination, and changes to the process and any other landfill
systems that might be affected by the process, such as gas extraction and
leachate recirculation. Warning symptoms shall result in a reduction or
suspension of liquids addition, leachate recirculation, investigation and
changes to be implemented before resuming the process being tested. Failure
thresholds shall result in termination of the process being tested,
investigation and changes that will be submitted to the department for review
and approval in writing prior to resumption of the process being tested.
i. RDD plans shall include an assessment of the manner in
which the process to be tested might alter the impact that the landfill may
have on human health or environmental quality. The assessment shall include
both beneficial and deleterious effects that could result from the process.
j. RDD plans shall include a geotechnical stability
analysis of the waste mass and an assessment of the changes that the
implementation of the plan is expected to achieve. The geotechnical stability
analysis and assessment shall be repeated at the end of testing period, with
alteration as needed to include parameters and parameter values derived from
field measurements. The plan shall define relevant parameters and techniques
for field measurement.
k. RDD plans shall propose monitoring parameters,
frequencies, test methods, instrumentation, record-keeping and reporting to the
department for purposes of tracking and verifying goals of the process selected
for testing.
l. RDD plans shall propose monitoring techniques and
instrumentation for potential movements of waste mass and settlement of waste
mass, including proposed time intervals and instrumentation, pertinent to the
process selected for testing.
m. RDD plans shall propose construction documentation,
construction quality control and construction quality assurance measures, and
recordkeeping for construction and equipment installation that is part of the
process selected for testing.
n. RDD plans shall propose operating practices and
controls, staffing, monitoring parameters and equipment needed to support
operations of the process selected for testing.
o. RDD plans that include aeration of the waste mass shall
include a temperature monitoring plan, a fire drill and safety program,
instructions for use of liquids for control of temperature and fires in the
waste mass, and instructions for investigation and repair of damage to the
liner and leachate collection system.
p. RDD plans may include an alternate interim cover system
and final cover installation schedule. The interim cover system shall be
designed to account for weather conditions, slope stability, and leachate and
gas generation. The interim cover shall also control, at a minimum, disease
vectors, fires, odors, blowing litter, and scavenging.
3. Reporting. An annual report shall be prepared for each
year of the testing period, including any renewal periods, and a final report
shall be prepared for the end of the testing period. These reports shall assess
the attainment of goals proposed for the process selected for testing,
recommend changes, recommend further work, and summarize problems and their
resolution. Reports shall include a summary of all monitoring data, testing
data and observations of process or effects and shall include recommendations
for continuance or termination of the process selected for testing. Annual
reports shall be submitted to the department within three months after the
anniversary date of the approved permit or permit amendment. Final reports
shall be submitted at least 90 days prior to the end of the testing period for
evaluation by the department. The department shall review this report within 90
days. If the department's evaluation indicates that the goals of the project
have been met, are reliable and predictable, the department will provide a
minor permit amendment to incorporate the continued operation of the project
with the appropriate monitoring.
4. Termination. The department may require modifications to
or immediate termination of the process being tested if any of the following
conditions occur:
a. Significant and persistent odors;
b. Significant leachate seeps or surface exposure of
leachate;
c. Significant leachate head on the liner;
d. Excessively acidic leachate chemistry or gas production
rates or other monitoring data indicate poor waste decomposition conditions;
e. Instability in the waste mass;
f. Other persistent and deleterious effects.
5. The RDD program is an optional participation program, the
applicant must certify that they acknowledge that the program is optional; and
that they are aware the department may provide suspension or termination of the
program for any reasonable cause, without a public hearing. Notice of
suspension or termination will be by letter for a cause related to a technical
problem, nuisance problem, or for protection of human health or the environment
as determined by the department.
9VAC20-80-490. Permit conditions. (Repealed.)
When issuing a permit, the director may include conditions
that he finds necessary to protect public health or the environment or to
ensure compliance with this chapter.
9VAC20-80-500. Permit application procedures.(Repealed.)
A. Any person who proposes to establish a new solid waste
management facility ("SWMF"), or modify an existing SWMF, shall
submit a permit application to the department, using the procedures set forth
in this section and other pertinent sections of this part.
B. Notice of intent.
1. To initiate the permit application process, any person
who proposes to establish a new solid waste management facility
("SWMF"), or modify an existing SWMF, or to amend an existing permit
shall file a notice of intent with the director stating the desired permit or
permit amendment, the precise location of the proposed facility, and the
intended use of the facility. The notice shall be in letter form and be
accompanied by area and site location maps.
2. No application for a new solid waste management facility
permit or application for an amendment for a non-captive industrial landfill to
expand or increase capacity shall be deemed complete unless it is accompanied
by DEQ Form DISC-01 and 02 (Disclosure Statement) for all key personnel.
3. No application for a new solid waste management facility
permit or application for an amendment for a non-captive industrial landfill to
expand or increase capacity shall be considered complete unless the notice of
intent is accompanied by a current certification from the governing body of the
county, city, or town in which the facility is to be located stating that the
location and operation of the facility are consistent with all applicable
ordinances. No certification shall be required for the application for an
amendment or modification of an existing permit other than for a non-captive
industrial landfill as outlined above. DEQ Form SW-11-1 (Request for Local
Government Certification) is provided for the use of the regulated community.
Permit and permit-by-rule applicants shall comply with the statutory
requirements for consistency with solid waste management plans as recorded in §
10.1-1408.1 of the Code of Virginia.
4. If the location and operation of the facility is stated
by the local governing body to be consistent with all its ordinances, without
qualifications, conditions, or reservations, the applicant will be notified
that he may submit his application for a permit. This application shall be
submitted in two parts, identified as Part A and Part B.
5. If the applicant proposes to operate a new sanitary
landfill or transfer station, the notice of intent shall include a statement
describing the steps taken by the applicant to seek the comments of the
residents of the area where the sanitary landfill or transfer station is
proposed to be located regarding the siting and operation of the proposed
sanitary landfill or transfer station. The public comment steps shall be taken
prior to filing with the department the notice of intent.
a. The public comment steps shall include publication of a
public notice once a week for two consecutive weeks in a newspaper of general
circulation serving the locality where the sanitary landfill or transfer
station is proposed to be located and holding at least one public meeting
within the locality to identify issues of concern, to facilitate communication
and to establish a dialogue between the applicant and persons who may be
affected by the issuance of a permit for the sanitary landfill or transfer
station.
b. At a minimum, the public notice shall include:
(1) A statement of the applicant's intent to apply for a
permit to operate the proposed sanitary landfill or transfer station;
(2) The proposed sanitary landfill or transfer station site
location;
(3) The date, time and location of the public meeting the
applicant will hold; and
(4) The name, address and telephone number of a person
employed by an applicant who can be contacted by interested persons to answer
questions or receive comments on siting and operation of the proposed sanitary
landfill or transfer station.
c. The first publication of the public notice shall be at
least 14 days prior to the public meeting date.
6. Disposal capacity guarantee. If the applicant proposes to
construct a new sanitary landfill or expand an existing sanitary landfill, a
signed statement must be submitted by the applicant guaranteeing that
sufficient disposal capacity will be available in the facility to enable
localities within the Commonwealth to comply with their solid waste management
plans developed pursuant to 9VAC20-130 and certifying that such localities will
be allowed to contract for and reserve disposal capacity in the facility. This
provision does not apply to permit applications from one or more political
subdivisions for new or expanded landfills that will only accept municipal
solid waste generated within those jurisdictions or from other jurisdictions
under an interjurisdictional agreement.
7. Host agreement. If the applicant proposes to construct a
new sanitary landfill or expand an existing sanitary landfill, a certification
from the local governing body must be provided indicating that a host agreement
has been reached between the applicant and the host government or authority.
a. The host agreement shall include the following
provisions at a minimum:
(1) The amount of financial compensation the applicant will
provide the host locality;
(2) The daily travel routes and traffic volumes;
(3) The daily disposal limit; and
(4) The anticipated service area of the facility.
b. The host agreement shall contain a provision that the
applicant will pay the full cost of a least one full-time employee of the host
locality. The employee's responsibilities will include monitoring and
inspecting waste disposal practices in the locality.
c. The host agreement shall provide that the applicant
shall, when requested by the host locality, split air and water samples so that
the host locality may independently test the samples, with all associated costs
paid for by the applicant. All such sampling results shall be provided to the
department.
d. No certification or host agreement is required if the
owner and operator of the landfill is a locality or a service authority of
which the local governing body is a member.
8. If the application is for a locality owned and operated
sanitary landfill, or the expansion of such a landfill, the applicant shall
provide information on:
a. The daily travel routes and traffic volumes;
b. The daily disposal limit; and
c. The service area of the facility.
9. If the application is for a new solid waste management
facility or an amendment allowing a facility expansion or an increase in
capacity, the director shall evaluate whether there is a need for the
additional capacity in accordance with § 10.1-1408.1 D 1 of the Code of
Virginia. The information in either subdivision 9 a or 9 b must be provided
with the notice of intent to assist the director with the required
investigation and analysis. Based on the information submitted, the owner or
operator will demonstrate how the additional capacity will be utilized over the
life of the facility.
a. For any solid waste management facility including a
sanitary landfill, information demonstrating that there is a need for the
additional capacity. Such information may include:
(1) The anticipated area to be served by the facility;
(2) Similar or related solid waste management facilities
that are in the same service area and could impact the proposed facility, and
the capacity and service life of those facilities;
(3) The present quantity of waste generated within the
proposed service area;
(4) The waste disposal needs specified in the local solid
waste plan;
(5) The projected future waste generation rates for the
anticipated area to be served during the proposed life of the facility;
(6) The recycling, composting or other waste management
activities within the proposed service area;
(7) The additional solid waste disposal capacity that the
facility would provide to the proposed area of service; and
(8) Information demonstrating that the capacity is needed
to enable localities to comply with solid waste plans developed pursuant to §
10.1-1411 of the Code of Virginia.
(9) Any additional factors that provide justification for
the additional capacity provided by the facility.
b. As an alternative, for sanitary landfills, based on
current or projected disposal rates, information demonstrating there is less
than 10 years of capacity remaining in the facility and information
demonstrating either of the following:
(1) The available permitted disposal capacity for the state
is less than 20 years based on the most current reports submitted pursuant to
the Waste Information and Assessment Program in 9VAC20-130-165; or
(2) The available permitted disposal capacity is less than
20 years in either:
(a) The planning region, or regions, immediately contiguous
to the planning region of the host community.
(b) The facilities within a 75 mile radius of the proposed
facility.
C. Part A application. Part A application provides the
information essential for assessment of the site suitability for the proposed facility.
It contains information on the proposed facility to be able to determine site
suitability for intended uses. It provides information on all siting criteria
applicable to the proposed facility.
1. The applicant shall complete, sign and submit three
copies of the Part A application containing required information and
attachments as specified in 9VAC20-80-510 to the director.
2. The Part A application will be reviewed for completeness.
The applicant will be notified within 30 days whether the application is
administratively complete or incomplete. If complete information is not
provided within 60 days after the applicant is notified, or an alternate
timeframe approved by the department, the application will be returned to the
applicant without further review. Subsequent resubmittals of the application,
submitted after 18 months from the date of the department's response letter,
shall be considered as a new application.
3. Upon receipt of a complete Part A application, the
department shall conduct a technical review of the submittal. Additional
information may be required or the site may be visited before the review is
completed. The director shall notify the applicant in writing of approval or
disapproval of the Part A application or provide conditions to be made a part
of the approval.
4. For sanitary landfills, the director's notification must
indicate that the site on which the landfill will be located is suitable for
the construction and operation of a landfill. In making this determination, the
director will consider the information presented in the site hydrogeologic and
geotechnical report (9VAC20-80-510 F), the landfill impact statement
(9VAC20-80-510 H 1) and the adequacy of transportation facilities
(9VAC20-80-510 G). The director may also consider other factors at his
discretion.
5. In case of the approval or conditional approval, the
applicant may submit the Part B application provided the required conditions
are addressed in the submission.
D. Part B application. The Part B application involves the
submission of the detailed engineering design and operating plans for the
proposed facility.
1. The applicant, after receiving Part A approval, may
submit to the department a Part B application to include the required
documentation for the specific solid waste management facility as provided for
in 9VAC20-80-520, 9VAC20-80-530, or 9VAC20-80-540. The Part B application and
supporting documentation shall be submitted in three copies and must include
the financial assurance documentation as required by 9VAC20-70 Until the
closure plans are approved and a draft permit is being prepared, the applicant
must provide evidence of commitment to provide the required financial assurance
from a financial institution or insurance company. If financial assurance is not
provided within 30 days of notice by the director, the permit shall be denied.
2. The Part B application shall be reviewed for
administrative completeness before technical evaluation is initiated. The
applicant shall be advised in writing within thirty days whether the
application is complete or what additional documentation is required. The Part
B application will not be evaluated until an administratively complete
application is received.
3. The administratively complete application will be
coordinated with other state agencies according to the nature of the facility.
The comments received shall be considered in the permit review by the
department. The application will be evaluated for technical adequacy and
regulatory compliance. In the course of this evaluation, the department may
require the applicant to provide additional information. At the end of the
evaluation, the department will notify the applicant that the application is
technically and regulatorily adequate or that the department intends to deny
the application.
4. The procedures addressing the denial are contained in
9VAC20-80-580.
E. Permit issuance.
1. If the application is found to be technically adequate
and in full compliance with this chapter, a draft permit shall be developed by
the department.
2. Copies of the draft permit will be available for viewing
at the applicant's place of business or at the regional office of the
department, or both, upon request. A notice of the availability of the draft
permit shall be made in a newspaper with general circulation in the area of the
facility. A copy of the notice of availability will be provided to the chief
administrative officer of all cities and counties that are contiguous to the
host community.
3. If the application is for a new landfill or an increase
in landfill capacity, then the department shall hold a public hearing and the
notice above will include such information.
4. For any application (other than for subdivision 3 of this
subsection), the notice will include the opportunity to request a public
hearing. The department shall hold a public hearing on the draft permit
whenever the department finds, on the basis of requests, that:
a. There is a significant public interest in the issuance, denial,
modification or revocation of the permit in question;
b. There are substantial, disputed issues relevant to the
issuance, denial, modification or revocation of the permit in question; and
c. The action requested is not, on its face, inconsistent
with, or in violation of, these regulations, the Waste Management Act, or
federal law or regulations.
5. The department also may hold a public hearing when it is
believed that such a hearing might clarify one or more issues involved in a
permit decision.
6. If a public hearing is to be held the department shall
convene it 30 days or more after the notice is published in the local
newspaper. The public hearing shall be conducted within the local government
jurisdiction of the facility. A comment period shall extend for a 15-day period
after the conclusion of the public hearing.
7. A decision to permit, to deny a permit or to amend the
draft permit shall be rendered by the director within 30 days of the close of
the hearing comment period.
8. The permit applicant and the persons who commented during
the public participation period shall be notified in writing of the decision on
the draft permit. That decision may include denial of the permit (see also
9VAC20-80-580), issuance of the permit as drafted, or amendment of the draft
permit and issuance.
9. No permit for a new solid waste management facility or an
amendment allowing a facility expansion or an increase in capacity shall be
approved by the director unless the facility meets the provisions of §
10.1-1408.1 D of the Code of Virginia. Before issuing a permit the director
shall make a determination in writing in accordance with the provisions of §
10.1-1408.1 D of the Code of Virginia. The director may request updated
information during the review of the permit application if the information on
which the director's determination is based is no longer current. If, based on
the analysis of the materials presented in the permit application, the
determination required in § 10.2-1408.1 D cannot be made, the application will
be denied in accordance with 9VAC20-80 580 A 6.
10. Any permit for a new sanitary landfill and any permit
amendment authorizing expansion of an existing sanitary landfill shall
incorporate the conditions required for a disposal capacity guarantee in §
10.1-1408.1 P of the Code of Virginia. This provision does not apply to permit
applications from one or more political subdivisions that will only accept
waste from within those political subdivisions' jurisdiction or municipal solid
waste generated within other political subdivisions pursuant to an
interjurisdictional agreement.
9VAC20-80-510. Part A permit application. (Repealed.)
The following information shall be included in the Part A
of the permit application for all solid waste management facilities unless otherwise
specified in this section.
A. The Part A permit application consists of a letter
stating the type of the facility for which the permit application is made and
the certification required in subsection I of this section. All pertinent
information and attachments required by this section are provided on DEQ Form
SW 7-3 (Part A Permit Application).
B. A key map of the Part A permit application, delineating
the general location of the proposed facility, shall be prepared and attached
as part of the application. The key map shall be plotted on a seven and
one-half minute United States Geological Survey topographical quadrangle. The
quadrangle shall be the most recent revision available, shall include the name
of the quadrangle and shall delineate a minimum of one mile from the perimeter
of the proposed facility boundaries. One or more maps may be utilized where
necessary to insure clarity of the information submitted.
C. A near-vicinity map shall be prepared and attached as
part of the application. The vicinity map shall have a minimum scale of one
inch equals 200 feet (1" = 200'). The vicinity map shall delineate an area
of 500 feet from the perimeter of the property line of the proposed facility.
The vicinity maps may be an enlargement of a United States Geological Survey
topographical quadrangle or a recent aerial photograph. The vicinity map shall
depict the following:
1. All homes, buildings or structures including the layout
of the buildings which will comprise the proposed facility;
2. The facility boundary;
3. The limits of the actual disposal operations within the
boundaries of the proposed facility, if applicable;
4. Lots and blocks taken from the tax map for the site of
the proposed facility and all contiguous properties;
5. The base floodplain, where it passes through the map
area; or, otherwise, a note indicating the expected flood occurrence period for
the area;
6. Existing land uses and zoning classification;
7. All water supply wells, springs or intakes, both public
and private;
8. All utility lines, pipelines or land based facilities
(including mines and wells); and
9. All parks, recreation areas, surface water bodies, dams,
historic areas, wetlands areas, monument areas, cemeteries, wildlife refuges,
unique natural areas or similar features.
D. Except in the case of a local governing body or a public
service authority possessing a power of eminent domain, copy of lease or deed
(showing page and book location) or certification of ownership of the site, the
department will not consider an application for a permit from any person who
does not demonstrate legal control over the site for a period of the permit
life. A documentation of an option to purchase will be considered as a
temporary substitute for a deed; however, the true deed must be provided to the
department before construction at the site begins.
E. For solid waste disposal facilities regulated under Part
V (9VAC20-80-240 et seq.) of this chapter, site hydrogeologic and geotechnical report
by geologist or engineer registered for practice in the Commonwealth.
1. The site investigation for a proposed landfill facility
shall provide sufficient information regarding the geotechnical and
hydrogeologic conditions at the site to allow a reasonable determination of the
usefulness of the site for development as a landfill. The geotechnical
exploration efforts shall be designed to provide information regarding the
availability and suitability of onsite soils for use in the various construction
phases of the landfill including liner, cover, drainage material, and cap. The
hydrogeologic information shall be sufficient to determine the characteristics
of the uppermost aquifer underlying the facility. Subsurface investigation
programs conducted shall meet the minimum specifications here.
a. Borings shall be located to identify the uppermost
aquifer within the proposed facility boundary, determine the ability to perform
ground water monitoring at the site, and provide data for the evaluation of the
physical properties of soils and soil availability. Borings completed for the
proposed facility shall be sufficient in number and depth to identify the
thickness of the uppermost aquifer and the presence of any significant
underlying impermeable zone. Impermeable zone shall not be fully penetrated
within the anticipated fill areas, whenever possible. The number of borings
shall be at a minimum in accordance with Table 7.1 as follows:
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b. The department reserves the right to require additional borings
in areas in which the number of borings required by Table 7.1 is not sufficient
to describe the geologic formations and ground water flow patterns below the
proposed solid waste disposal facility.
c. In highly uniform geological formations, the number of
borings may be reduced, as approved by the department.
d. The borings should employ a grid pattern, wherever
possible, such that there is, at a minimum, one boring in each major geomorphic
feature. The borings pattern shall enable the development of detailed cross
sections through the proposed landfill site.
e. Subsurface data obtained by borings shall be collected
by standard soil sampling techniques. Diamond bit coring, air rotary drilling
or other appropriate methods, or a combination of methods shall be used as
appropriate to characterize competent bedrock. The borings shall be logged from
the surface to the lowest elevation (base grade) or to bedrock, whichever is
shallower, according to standard practices and procedures. In addition, the borings
required by Table 7.1 shall be performed on a continuous basis for the first 20
feet below the lowest elevation of the solid waste disposal facility or to the
bed rock. Additional samples as determined by the registered geologist or
engineer shall be collected at five-foot intervals thereafter.
f. Excavations, test pits and geophysical methods may be
employed to supplement the soil boring investigation.
g. At a minimum, four of the borings shall be converted to
water level observations wells, well nests, piezometers or piezometer nests to
allow determination of the rate and direction of ground water flow across the
site. All ground water monitoring points or water level measurement points
shall be designed to allow proper abandonment by backfilling with an
impermeable material. The total number of wells or well nests shall be based on
the complexity of the geology of the site.
h. Field analyses shall be performed in representative
borings to determine the in situ hydraulic conductivity of the uppermost
aquifer.
i. All borings not to be utilized as permanent monitoring
wells, and wells within the active disposal area, shall be sealed and
excavations and test pits shall be backfilled and properly compacted to prevent
possible paths of leachate migration. Boring sealing procedures shall be
documented in the hydrogeologic report.
2. The geotechnical and hydrogeologic reports shall at least
include the following principal sections:
a. Field procedures. Boring records and analyses from
properly spaced borings in the facility portion of the site. Final boring logs
shall be submitted for each boring, recording soils or rock conditions
encountered. Each log shall include the type of drilling and sampling
equipment, date the boring was started, date the boring was finished, a soil or
rock description in accordance with the United Soil Classification System or
the Rock Quality Designation, the method of sampling, the depth of sample
collection, the water levels encountered, and the Standard Penetration Test
blow counts, if applicable. Boring locations and elevations shall be surveyed
with a precision of 0.01 foot. At least one surveyed point shall be indelibly
marked by the surveyor on each well. All depths of soil and rock as described
within the boring log shall be corrected to National Geodetic Vertical Datum,
if available.
b. Geotechnical interpretations and report including
complete engineering description of the soil units underlying the site.
(1) Soil unit descriptions shall include estimates of soil
unit thickness, continuity across the site, and genesis. Laboratory
determination of the soil unit's physical properties shall be discussed.
(2) Soil units that are proposed for use as a drainage
layer, impermeable cap or impermeable liner material shall be supported by
laboratory determinations of the remolded permeability. Remolded hydraulic
conductivity tests require a Proctor compaction test (ASTM D698) soil
classification liquid limit, plastic limit, particle size distribution,
specific gravity, percent compaction of the test sample, remolded density and
remolded moisture content, and the percent saturation of the test sample.
Proctor compaction test data and hydraulic conductivity test sample data should
be plotted on standard moisture-density test graphs.
(3) The geotechnical report shall provide an estimate of
the available volume of materials suitable for use as liner, cap, and drainage
layer. It should also discuss the anticipated uses of the on-site materials, if
known.
c. Hydrogeologic report.
(1) The report shall include water table elevations,
direction and calculated rate of ground water flow and similar information on
the hydrogeology of the site. All raw data shall be submitted with
calculations.
(2) The report shall contain a discussion of field test
procedures and results, laboratory determinations made on undisturbed samples,
recharge areas, discharge areas, adjacent or areal usage, and typical radii of
influence of pumping wells.
(3) The report shall also contain a discussion of the
regional geologic setting, the site geology and a cataloging and description of
the uppermost aquifer from the site investigation and from referenced
literature. The geologic description shall include a discussion of the
prevalence and orientation of fractures, faults, and other structural
discontinuities, and presence of any other significant geologic features. The
aquifer description should address homogeneity, horizontal and vertical extent,
isotropy, the potential for ground water remediation, if required, and the
factors influencing the proper placement of a ground water monitoring network.
(4) The report shall include a geologic map of the site
prepared from one of the following sources as available, in order of
preference:
(a) Site specific mapping prepared from data collected
during the site investigation;
(b) Published geologic mapping at a scale of 1:24,000 or
larger;
(c) Published regional geologic mapping at a scale of
1:250,000 or larger; or
(d) Other published mapping.
(5) At least two generally orthogonal, detailed site
specific cross sections, which shall sufficiently describe the geologic
formations identified by the geologic maps prepared in accordance with
subdivision 2 c (4) of this subsection at a scale which clearly illustrates the
geologic formations, shall be included in the hydrogeologic report. Cross
sections shall show the geologic units, approximate construction of existing
landfill cells base grades, water table, and surficial features along the line
of the cross section. Cross section locations shall be shown on an overall
facility map.
(6) Potentiometric surface maps for the uppermost aquifer
which sufficiently define the ground water conditions encountered below the
proposed solid waste disposal facility area based upon stabilized ground water
elevations. Potentiometric surface maps shall be prepared for each set of
ground water elevation data available. The applicant shall include a discussion
of the effects of site modifications, seasonal variations in precipitation, and
existing and future land uses of the site on the potentiometric surface.
(7) If a geological map or report from either the
Department of Mines, Minerals, and Energy or the U.S. Geological Survey is
published, it shall be included.
F. For solid waste management facilities regulated under
Part VI (9VAC20-80-320 et seq.) of this chapter:
1. A cataloging and description of aquifers, geological
features or any similar characteristic of the site that might affect the operation
of the facility or be affected by that operation.
2. If a geological map or report from either the Department
of Mines, Minerals, and Energy or the U.S. Geological Survey is published, it
shall be included.
G. For sanitary landfills, a VDOT adequacy report prepared
by the Virginia Department of Transportation. As required under § 10.1-1408.4 A
1 of the Code of Virginia, the report will address the adequacy of
transportation facilities that will be available to serve the landfill,
including the impact of the landfill on the local traffic volume, road
congestion, and highway safety.
H. For sanitary landfills, a Landfill Impact Statement
(LIS).
1. A report must be provided to the department that
addresses the potential impact of the landfill on parks, recreational areas,
wildlife management areas, critical habitat areas of endangered species as
designated by applicable local, state, or federal agencies, public water
supplies, marine resources, wetlands, historic sites, fish and wildlife, water
quality, and tourism. This report shall comply with the statutory requirements
for siting landfills in the vicinity of public water supplies or wetlands as
recorded in §§ 10.1-1408.4 and 10.1-1408.5 of the Code of Virginia.
2. The report will include a discussion of the landfill
configuration and how the facility design addresses any impacts identified in
the report required under subdivision 1 of this subsection.
3. The report will identify all of the areas identified
under subdivision 1 of this subsection that are within five miles of the
facility.
I. A signed statement by the applicant that he has sent
written notice to all adjacent property owners or occupants that he intends to
develop a SWMF on the site, a copy of the notice and the names and addresses of
those to whom the notices were sent.
J. Information demonstrating that the facility is
consistent with the local solid waste management plan including:
1. A discussion of the role of the facility in solid waste
management within the solid waste planning region;
2. A description of the additional solid waste disposal
capacity that the facility would provide to the proposed area of service;
3. Specific references to local solid waste management plan
where discussions of the facility are provided.
K. One or more of the following indicating that the public
interest would be served by a new facility or a facility expansion, which
includes:
1. Cost effective waste management for the public within the
service area comparing the costs of a new facility or facility expansion to
waste transfer, or other disposal options;
2. The facility provides protection of human health and
safety and the environment;
3. The facility provides alternatives to disposal including
reuse or reclamation;
4. The facility allows for the increased recycling
opportunities for solid waste;
5. The facility provides for energy recovery or the
subsequent use of solid waste, or both, thereby reducing the quantity of solid
waste disposed;
6. The facility will support the waste management needs
expressed by the host community; or
7. Any additional factors that indicate that the public
interest would be served by the facility.
9VAC20-80-520. Part B permit application for solid waste
disposal facilities. (Repealed.)
Part B permit application requirements for all solid waste disposal
facilities regulated under Part V (9VAC20-80-240 et seq.) of this chapter are
contained in this section. The Part B applications shall include the following
requirements and documentation:
A. Plans submitted as part of the Part B application shall
include the following:
1. Design plans. Design plans prepared by a firm registered
to practice professional engineering in the Commonwealth and certified by a
registered professional engineer registered in the Commonwealth shall consist
of, at least, the following:
a. A title sheet indicating the project title, who prepared
the plans, the person for whom the plans were prepared, a table of contents,
and a location map showing the location of the site and the area to be served.
b. An existing site conditions plans sheet indicating site
conditions prior to development.
c. A base grade plan sheet indicating site base grades or
the appearance of the site if it were excavated in its entirety to the base
elevation, before installation of any engineering modifications or the
beginning of any filing.
d. An engineering modification plan sheet indicating the
appearance of the site after installation of engineering modifications. More
than one plan sheet may be required for complicated sites. This plan is required
only for those sites with engineering modifications.
e. A final site topography plan sheet indicating the
appearance of the site, and final contours of the site at closing including the
details necessary to prepare the site for long-term care.
f. A series of phasing plan sheets showing the progression
of site development through time. At a minimum, a separate plan shall be
provided for initial site preparations and for each subsequent major phase or
new area where substantial site preparation must be performed. Each such plan
shall include a list of construction items and quantities necessary to prepare
the phase indicated.
g. A site monitoring plan sheet showing the location of all
devices for the monitoring of leachate production, ground water quality and gas
production and venting. This plan shall include a table indicating the
parameters to be monitored for the frequency of monitoring before and during
site development. This separate plan sheet is required only for sites with a
design capacity of more than three acres. Smaller projects may display this
information on other plan sheets for submittal.
h. A series of site cross-sections shall be drawn
perpendicular and parallel to the site base line at a maximum distance of 500
feet between cross-sections and at points of grade break and important
construction features. The location of the cross-sections shall be shown on the
appropriate plan sheets and the section labeled using the site grid system.
Where applicable, each cross-section shall show existing, proposed base and
final grades; soil borings and monitoring wells which the section passes
through or is adjacent to; soil types, bedrock and water table; leachate
control, collection and monitoring systems; limits of filling for each major
waste type; drainage control structures; access roads and ramps on the site
parameter and within the active fill area; the filling sequence or phases; and
other appropriate site features.
i. Detailed drawings and typical sections for, as
appropriate, drainage control structures, access roads, fencing, leachate and
gas control systems and monitoring devices, buildings, signs, and other
construction details.
j. Plan sheets shall include:
(1) A survey grid with base lines and bench marks to be
used for field control.
(2) Limits of filling for each major waste type or fill
area.
(3) All drainage patterns and surface water drainage
control structures both within the actual fill area and at the site perimeter.
Such structures may include berms, ditches, sedimentation basins, pumps, sumps,
culverts, pipes, inlets, velocity breaks, sodding, erosion matting, or other
methods of erosion control.
(4) The direction and sequence of filling within each
phase.
(5) Ground surface contours at the time represented by the
drawing. Spot elevations should be indicated for key features.
(6) Areas to be cleared and grubbed and stripped of
topsoil.
(7) Borrow areas for liner materials, gas venting
materials, berms, roadway construction, daily cover and final cover.
(8) All soil stockpiles including daily and final cover,
topsoil, liner materials, gas venting materials and other excavation.
(9) Access roads and traffic flow patterns to and within
the active fill area.
(10) All temporary and permanent fencing.
(11) The methods of screening such as berms, vegetation or
special fencing.
(12) Leachate collection, control, storage, and treatment
systems which may include pipes, manholes, trenches, berms, collection sumps,
storage units, pumps, risers, liners, and liner splices.
(13) Gas, leachate and ground water monitoring devices and
systems.
(14) Severe weather disposal areas.
(15) Support buildings, scale, utilities, gates and signs.
(16) Special waste handling areas.
(17) Construction notes and references to details.
(18) Other appropriate site features.
2. Closure plan. A detailed closure plan be prepared and
submitted. Such a plan shall be prepared in two parts, one reflecting those
measures to be accomplished at the midpoint of the permit period, and the other
when the useful life of the landfill is reached. The plan shall show how the
facility will be closed to meet the requirements of Part V of this chapter. The
plan shall include the procedures to be followed in closing the site, sequence
of closure, time schedules, final plans of completion of closure to include
final contours, and long-term care plan sheets showing the site at the
completion of closing and indicating those items anticipated to be performed
during the period of long-term care for the site. The plans shall include a
table listing the items and the anticipated schedule for monitoring and
maintenance. In many instances this information can be presented on the final
site topography sheet.
B. Design report. A design report shall be submitted which
shall include supplemental discussions and design calculations to facilitate
department review and provide supplemental information including the following
information:
1. The design report shall identify the project title;
engineering consultants; site owner, permittee and operator; proposed permitted
acreage; site life and capacity; municipalities, industries and collection and
transportation agencies served; and waste types and quantities to be disposed.
It shall also identify any exemptions desired by the applicant.
2. A discussion of the reasoning and logic behind the design
of the major features of the site, such as traffic routing, base grade and
relationships to subsurface conditions, anticipated waste types and
characteristics, phases of development, liner design, leachate management
system design, facility monitoring, and similar design features shall be
provided. A list of the conditions of site development as stated in the
department determination of site feasibility and the measures taken to meet the
conditions shall be included. A discussion of all calculations, such as
refuse-cover balance computations, stockpile sizing estimates, estimate of site
life and run-off and leachate volume estimates shall be included. The
calculations shall be summarized with the detailed equations presented in an
appendix.
3. Specifications for site construction and operation shall
be presented, including detailed instructions to the site operator for all
aspects of site construction and operation. References to specifications on the
plan sheet shall be pointed out as well as additional instructions included,
where appropriate. The specifications shall include, at a minimum, the
following information:
a. Initial site preparations including specifications for
clearing and grubbing, topsoil stripping, other excavations, berm construction,
drainage control structures, leachate collection system, access roads and
entrance, screening, fencing, ground water monitoring and other special design
features.
b. A plan for initial site preparation including a
discussion of the field measurements, photographs to be taken, sampling and
testing procedures to be utilized to verify that the in-field conditions
encountered were the same as those defined in the feasibility report, and to
document that the site was constructed according to the engineering plans and
specifications submitted for department approval.
C. Operations manual. An operations manual shall be
prepared and included on how the design and construction plans will be
implemented with the initial phase of operation until closure. The manual for a
landfill operation shall consist of at least the following information:
1. Municipalities, industries and collection and
transportation agencies served; and waste types and quantities to be disposed.
2. Detailed instructions to the site operator for all
aspects of site operation. References to specifications on the plan sheet shall
be pointed out as well as additional instructions included, where appropriate.
The specifications shall include, at a minimum, the following information:
a. Initial site preparations including specifications for
clearing and grubbing, topsoil stripping, other excavations, berm construction,
drainage control structures, leachate collection system, access roads and
entrance, screening, fencing, ground water monitoring and other special design
features.
b. The initial site preparation including a discussion of
the field measurements, photographs to be taken, sampling and testing
procedures to be utilized to verify that the in-field conditions encountered
were the same as those defined in the plans and design report, and to document
that the site was constructed according to the engineering plans and
specifications submitted for department approval.
c. Daily operations including a discussion of the timetable
for development, waste types accepted or excluded, inspection of incoming
waste, typical waste handling techniques, hours of operation, traffic routing,
drainage and erosion control, windy, wet and cold weather operations, fire
protection equipment, manpower, methods for handling of any unusual waste
types, methods for vector, dust and odor control, daily cleanup, direction of
filling, salvaging, record keeping, parking for visitors and employees,
monitoring, maintenance, closure of filled areas, gas and leachate control
methods, backup equipment with names and telephone numbers where equipment may
be obtained, and other special design features.
d. Development of subsequent phases.
e. Site closing information consisting of a discussion of
the anticipated sequence of events for site closing and discussion of those
actions necessary to prepare the site for long-term care and final use in the
implementation of the closure plan.
f. An inspection plan, which shall include a schedule for
inspecting all applicable major aspects of facility operations necessary to
ensure compliance with the requirements of Part V of this chapter. The
frequency of inspection shall be based on the rate of potential equipment
deterioration or malfunction and the probability of an adverse incident
occurring if the deterioration or malfunction goes undetected between
inspections. Areas of the facility subject to spills such as loading and
unloading areas and areas in which significant adverse environmental or health
consequences may result if breakdown occurs, shall be inspected daily, when in
use. The plan shall include a schedule for inspecting monitoring, safety, and
emergency equipment; security devices and process operating and structural
equipment. The plan shall identify the types of problems which are to be looked
for during the inspection, the frequency of inspection and any maintenance
activities taken or required as a result of the inspection.
g. A post-closure care plan containing long-term care
information including a discussion of the procedures to be utilized for the
inspection and maintenance of run-off control structures, settlement, erosion
damage, gas and leachate control facilities, monitoring for gas; leachate and
ground water, and other long-term care needs.
h. A safety plan which shall include a description of the
proposed measures to protect facility and other personnel from injury during
operation;
i. The control methods to be used by the operator to
prevent unauthorized disposal of hazardous wastes, bulk liquids or other wastes
not authorized for management or disposal in the facility.
j. A landscaping plan delineating the existing site
vegetation to be retained, and discussing the methods to be employed in order
to ensure protection during the clearing, grading and construction phases of
the project and the supplemental vegetation to be planted. Information relating
to vegetation type, location and purpose, such as for buffer, screening or
aesthetics, and schedules for planting, shall accompany the plan.
k. An emergency contingency plan which delineates
procedures for responding to fire, explosions or any unplanned sudden or
non-sudden releases of harmful constituents to the air, soil, or surface water.
This emergency contingency plan will be submitted to the local police and fire
department, and to the nearby health care facilities when the permit will be
issued. The emergency plan shall contain:
(1) A description of the actions facility personnel shall
take in the event of various emergency situations;
(2) A description of arrangements made with the local
police and fire department which allow for immediate entry into the facility by
their authorized representatives should the need arise, such as in the case of
personnel responding to an emergency situation; and
(3) A list of names, addresses and phone numbers (office
and home) of all persons qualified to act as emergency coordinator for the facility.
This list shall be kept up to date. Where more than one person is listed, one
shall be named as primary emergency coordinator and the others shall be listed
in the order in which they will assume responsibility as alternates.
D. Financial assurance documentation. When required by the
Financial Assurance Regulations of Solid Waste Disposal, Transfer, and
Treatment Facilities (9VAC20-70), the applicant shall provide the completed
documentation to demonstrate compliance with those regulations.
9VAC20-80-530. Part B permit application requirements for
energy recovery and incineration facilities. (Repealed.)
Owners or operators of energy recovery, thermal treatment,
and incineration facilities regulated under 9VAC20-80-370 who do not dispose of
solid wastes on-site and who will remove all solid wastes or solid waste
residues at closing, will use the application procedures of this section. The
following information is required in a Part B permit application:
A. Design plans. Design plans shall be prepared by a person
or firm registered to practice professional engineering in the Commonwealth.
The plans shall demonstrate compliance with 9VAC20-80-370, as applicable, and
include at least the following:
1. Existing site conditions plans sheet indicating site
conditions prior to development.
2. Engineering modification plan sheet indicating the
appearance of the site after installation of engineering modifications. More
than one plan sheet may be required for complicated sites.
3. Phasing plan sheets showing the progression of site
development through time. At a minimum, a separate plan shall be provided for
initial site preparations and for each subsequent major phase or new area where
substantial site preparation must be performed. Each such plan shall include a
list of construction items and quantities necessary to prepare the phase
indicated.
4. Design drawings of the solid waste management facility to
include:
a. Profile and plan views of all structures and enclosures
showing dimensions. Plan views showing building setbacks, side and rear
distances between the proposed structure and other existing or proposed
structures, roadways, parking areas and site boundaries;
b. Interior floor plans showing the layout, profile view
and dimensions of the processing lines, interior unloading, sorting, storage
and loading areas as well as other functional areas;
c. A plan identifying, locating and describing utilities
which will service the facility including, but not limited to, the storm water
drainage system, sanitary sewer system, water supply system and energy system;
interface of the proposed facility with the existing utility systems;
5. When applicable, the following information shall be
presented on plan sheets:
a. All information on existing site conditions map unless
including this information leads to confusion with the data intended for
display.
b. A survey grid with base lines and monuments to be used
for field control.
c. All drainage patterns and surface water drainage control
structures both within the area and at the site perimeter to include berms,
ditches, sedimentation basins, pumps, sumps, culverts, pipes, inlets, velocity
breaks, sodding, erosion matting, or other methods of erosion control.
d. Access roads and traffic flow patterns to and within the
storage and transfer areas.
e. All temporary and permanent fencing.
f. The methods of screening such as berms, vegetation or
special fencing.
g. Wastewater collection, control and treatment systems
which may include pipes, manholes, trenches, berms, collection sumps or basins,
pumps, and risers.
h. Special waste handling areas.
i. Construction notes and references to details.
j. Other appropriate site features.
6. Detailed drawings and typical sections for, as
appropriate, drainage control structures, access roads, fencing, buildings,
signs, and other construction details.
B. Design report. A design report for the facility is
required and will provide the technical details and specifications necessary to
support the design plans consisting of, at least, the following information:
1. The introduction to the design report shall identify the
project title; engineering consultants; site owner, licensee and operator; site
life and capacity; municipalities, industries and collection and transportation
agencies served; and waste types to be disposed. It shall also identify any
exemptions desired by the applicant.
2. The design capacity specifications shall include, at a
minimum, the following information:
a. The rated capacity of the facility, in both tons per day
and tons per hour;
b. The expected short term and projected future long term
daily loadings;
c. The designation of normal loading, unloading and storage
areas, including capacities in cubic yards and tons. Description of the time
such areas can be practically used, based on expected short term daily
loadings;
d. The designation of emergency loading, unloading, storage
or other disposal capabilities to be used when facility system down time
exceeds 24 hours;
e. The designation of alternate management facilities or
plans for transfer of stored waste in the event facility system down time
exceeds 72 hours;
3. The design specifications for process residues to include
the following:
a. The expected daily quantity of waste residue
generations;
b. The proposed ultimate disposal location for all
facility-generated waste residues including, but not limited to, ash residues
and by-pass material, residues resulting from air pollution control devices,
and the proposed alternate disposal locations for any unauthorized waste types,
which may have been unknowingly accepted. The schedule for securing contracts
for the disposal of these waste types at the designated locations shall be
provided;
c. A descriptive statement of any materials use, reuse, or
reclamation activities to be operated in conjunction with the facility, either
on the incoming solid waste or the ongoing residue;
4. A descriptive statement and detailed specification of the
proposed onsite and offsite transportation system intended to service vehicles
hauling waste to the facility for processing, and vehicles removing reclaimed
materials and or process residues from the facility. Onsite parking, access and
exit points, and the mechanisms or features which will be employed to provide
for an even flow of traffic into, out of, and within the site, shall be
identified.
5. A detailed analysis shall be made of the financial
responsibility for the time of site closing.
6. An appendix to the design plan shall be submitted which
shall include any additional data not previously presented, calculations,
material specifications, operating agreements, wastewater treatment agreements,
documents related to long-term care funding and other appropriate information.
C. Operations manual. The operations manual shall provide
the detailed procedures by which the operator will implement the design plans
and specifications. At a minimum, the operations manual shall include:
1. Daily operations including a discussion of the timetable
for development, waste types accepted or excluded, typical waste handling
techniques, hours of operation, traffic routing, drainage and erosion control,
windy, wet and cold weather operations, fire protection equipment, manpower,
methods for handling of any unusual waste types, methods for vector, dust and
odor control, daily cleanup, salvaging, record keeping, parking for visitors
and employees, monitoring, backup equipment with names and telephone numbers
where equipment may be obtained, and other special design features. This may be
developed as a removable section to improve accessibility for the site
operator.
2. Site closing information consisting of a discussion of
the anticipated sequence of events for site closing and discussion of those
actions necessary to prepare the site for long-term care and final use.
3. Long-term care information including a discussion of the
procedures to be utilized for the inspection and maintenance of run-off control
structures, erosion damage, wastewater control, and other long-term care needs
as required by the specific facility design.
D. An emergency contingency plan which delineates
procedures for responding to fire, explosions or any unplanned sudden or non-sudden
releases of harmful constituents to the air, soil, or surface or ground water
shall be submitted to the department as part of the Part B application. Before
submission to the department it will be coordinated with the local police and
fire departments, and the appropriate health care facility. The contingency
plan shall contain;
1. A description of the actions facility personnel shall
take in the event of various emergency situations;
2. A description of arrangements made with the local police
and fire department which allow for immediate entry into the facility by their
authorized representatives should the need arise, such as in the case of
response personnel responding to an emergency situation; and
3. A list of names, addresses and phone numbers (office and
home) of all persons qualified to act as an emergency coordinator for the
facility. Where more than one person is listed, one shall be named as primary
emergency coordinator and the other shall be listed in the order in which they
will assume responsibility as alternates.
E. Closure plan. The applicant shall prepare and submit a
detailed plan for closing any SWMF. Such a plan shall be prepared to reflect
the actions required at any point in the life of the facility and at the time
of closing the facility. The plan should reflect all steps necessary to isolate
the facility from the environment or to remove and dispose of all solid waste
and residue in the facility. The closure plan should reflect all actions
necessary for facility abandonment or uses other than for solid waste
management.
F. When required by the director, the applicant shall
survey, record and submit background sound level data in the vicinity of the
proposed facility at the time of application for a permit.
9VAC20-80-540. Part B permit application requirements for
other solid waste management facilities. (Repealed.)
Owners or operators of solid waste management facilities
regulated under Part VI (9VAC20-80-320 et seq.) of this chapter other than the
energy recovery, thermal treatment, and incineration facilities who do not
dispose of solid wastes on-site and who will remove all solid wastes or solid
waste residues at closing, will use the application procedures of this section.
The following information is required in a Part B permit application:
A. Design plans. Design plans shall be prepared by a person
or firm registered to practice professional engineering in the Commonwealth.
The plans shall demonstrate compliance with the appropriate portions of Part VI
of this chapter and include at least the following:
1. Existing site conditions plans sheet indicating site
conditions prior to development.
2. Engineering modification plan sheet indicating the appearance
of the site after installation of engineering modifications. More than one plan
sheet may be required for complicated sites. This plan is required only for
those sites with engineering modifications.
3. Phasing plan sheets showing the progression of site
development through time. At a minimum, a separate plan shall be provided for
initial site preparations and for each subsequent major phase or new area where
substantial site preparation must be performed. Each such plan shall include a
list of construction items and quantities necessary to prepare the phase
indicated.
4. Design drawings of the specific solid waste management
processes, when applicable.
5. When applicable, the following information shall be
presented on plan sheets:
a. All information on existing site conditions map unless
including this information leads to confusion with the data intended for
display.
b. A survey grid with base lines and monuments to be used
for field control.
c. All drainage patterns and surface water drainage control
structures both within the area and at the site perimeter to include berms,
ditches, sedimentation basins, pumps, sumps, culverts, pipes, inlets, velocity
breaks, sodding, erosion matting, or other methods of erosion control.
d. Access roads and traffic flow patterns to and within the
active fill area.
e. All temporary and permanent fencing.
f. The methods of screening such as berms, vegetation or
special fencing.
g. Leachate collection, control and treatment systems which
may include pipes, manholes, trenches, berms, collection sumps or basins,
pumps, risers, liners, and liner splices.
h. Special waste handling areas.
i. Construction notes and references to details.
j. Other appropriate site features.
6. Detailed drawings and typical sections for, as
appropriate, drainage control structures, access roads, fencing, buildings,
signs, and other construction details.
B. Design report. A design report for the facility is
required and will provide the technical details and specifications necessary to
support the design plans consisting of, at least, the following information:
1. The design report shall identify the project title;
engineering consultants; site owner, licensee and operator; site life and
capacity; municipalities, industries and collection and transportation agencies
served; and waste types and quantities to be disposed. It shall also identify
any exemptions desired by the applicant. The specifications shall include, at a
minimum, the following information:
a. Design and construction specifications for the site
shall be presented, including detailed instructions to the site operator for
all aspects of site construction and operation. References to specifications on
the plan sheet shall be pointed out as well as additional instructions
included, where appropriate.
b. The design report specifications shall include access
roads and entrance, screening, fencing, and other special design features.
c. A detailed analysis shall be made of the financial
responsibility for the time of site closing.
2. An appendix shall be submitted which shall include any
additional data not previously presented, calculations, material
specifications, operating agreements, leachate treatment agreements, documents related
to long-term care funding and other appropriate information.
3. The design and operation plans for facilities shall
contain all the applicable information of subdivisions 1 and 2 of this
subsection. In addition, they shall contain complete and detailed engineering
plans and specifications for all equipment and operations to be used. If the
process results in the production of a residual waste, the disposal of the
residual waste shall be fully presented.
C. Operations manual. The operations manual shall provide
the detailed procedures by which the operator will implement the design plans
and specifications. At a minimum, the operations manual shall include:
1. Daily operations including a discussion of the timetable
for development, waste types accepted or excluded, typical waste handling
techniques, hours of operation, traffic routing, drainage and erosion control,
windy, wet and cold weather operations, fire protection equipment, manpower,
methods for handling of any unusual waste types, methods for vector, dust and
odor control, daily cleanup, direction of filling, salvaging, record keeping,
parking for visitors and employees, monitoring, abandonment of filled areas,
backup equipment with names and telephone numbers where equipment may be obtained,
and other special design features. This may be developed as a removable section
to improve accessibility for the site operator.
2. Development of subsequent phases.
3. Site closing information consisting of a discussion of
the anticipated sequence of events for site closing and discussion of those
actions necessary to prepare the site for long-term care and final use.
4. Long-term care information including a discussion of the
procedures to be utilized for the inspection and maintenance of run-off control
structures, erosion damage, leachate control other long-term care needs as
required by the specific facility design.
D. An emergency contingency plan which delineates
procedures for responding to fire, explosions or any unplanned sudden or
non-sudden releases of harmful constituents to the air, soil, or surface or
ground water shall be submitted to the department as part of the Part B
application. Before submission to the department it will be coordinated with
the local police and fire departments, and the appropriate health care
facility. The contingency plan shall contain;
1. A description of the actions facility personnel shall
take in the event of various emergency situations;
2. A description of arrangements made with the local police
and fire department which allow for immediate entry into the facility by their
authorized representatives should the need arise, such as in the case of
response personnel responding to an emergency situation; and
3. A list of names, addresses and phone numbers (office and
home) of all persons qualified to act as an emergency coordinator for the
facility. Where more than one person is listed, one shall be named as primary
emergency coordinator and the other shall be listed in the order in which they
will assume responsibility as alternates.
E. Closure plan. The applicant shall prepare and submit a
detailed plan for closing any SWMF. Such a plan shall be prepared to reflect
the actions required at any point in the life of the facility and at the time
of closing the facility. The plan should reflect all steps necessary to isolate
the facility from the environment or to remove and dispose of all solid waste
and residue in the facility. The closure plan should reflect all actions
necessary for facility abandonment or uses other than for solid waste
management.
F. When required by the director, the applicant shall
survey, record and submit background sound level data in the vicinity of the
proposed facility at the time of application for a permit.
9VAC20-80-550. Effect of the permit. (Repealed.)
A. A completed permit for a solid waste management facility
shall be prepared at the conclusion of the procedures outlined in
9VAC20-80-500. The permit shall be prepared in detail to establish the
construction requirements, monitoring requirements, operating limitations or
guides, waste limitations if any, and any other details essential to the
operation and maintenance of the facility and its closure. Before receipt of
waste by the facility, the applicant must:
1. Notify the department, in writing, that construction has
been completed; and submit to the department a letter from a registered
professional engineer certifying that the facilities have been completed in
accordance with the approved plans and specifications and is ready to begin
operation. This certification letter is in addition to the CQA certification
required in 9VAC20-80-250 B 18 d, 9VAC20-80-260 B 17 d and 9VAC20-80-270 B 19 d
and must be provided by a different individual than the CQA certification. This
certification letter is typically provided by the design engineer.
2. Arrange for a department representative to inspect the
site and confirm that the site is ready for operation.
B. Inspections. Each facility permitted to accept solid
waste requires periodic inspection and review of records and reports. Such
requirements shall be set forth in the final permit issued by the department.
The permit applicant by accepting the permit, agrees to the specified periodic
inspections.
C. Compliance with a valid permit during its term
constitutes compliance for purposes of enforcement, with the Virginia Waste
Management Act. However, a permit may be amended, revoked and reissued, or
revoked for cause as set forth in 9VAC20-80-600 and 9VAC20-80-620.
D. The issuance of a permit does not convey any property
rights of any sort, or any exclusive privilege.
E. The issuance of a permit does not authorize any injury
to persons or property or invasion of other private rights, or any infringement
of federal, Commonwealth or local law or regulations.
F. A permit may be transferred by the permittee to a new
owner or operator only if the permit has been revoked and reissued, or a minor
amendment made to identify the new permittee and incorporate such other
requirements as may be necessary.
G. Schedule of compliance.
1. The permit may, when appropriate, specify a schedule of
compliance leading to compliance with this chapter.
a. Any schedules of compliance under this subsection shall
require compliance as soon as possible.
b. Except as otherwise provided, if a permit establishes a
schedule of compliance which exceeds one year from the date of permit issuance,
the schedule shall set forth interim requirements and the dates for their
achievement.
(1) The time between interim dates shall not exceed one
year;
(2) If the time necessary for completion of any interim
requirement is more than one year and is not readily divisible into stages of
completion, the permit shall specify interim dates for the submission of
reports of progress toward completion of the interim requirements and indicate
a projected completion date.
c. The permit shall be written to require that no later
than 14 days following each interim date and the final date of compliance, a
permittee shall notify the department, in writing, of his compliance or
noncompliance with the interim or final requirements.
2. Alternate schedules of compliance. A permit applicant or
permittee may cease conducting regulated activities (by receiving a terminal
volume of solid waste, and, in case of treatment or storage facilities, closing
pursuant to applicable requirements, or, in case of disposal facilities,
closing and conducting post-closure care pursuant to applicable requirements)
rather than continue to operate and meet permit requirements as follows:
a. If the permittee decides to cease conducting regulated
activities at a specified time for a permit which has already been issued:
(1) The permit may be amended to contain a new or
additional schedule leading to timely cessation of activities; or
(2) The permittee shall cease conducting permitted
activities before noncompliance with any interim or final compliance schedule
requirement already specified in the permit.
b. If the decision to cease conducting regulated activities
is made before the issuance of a permit whose terms will include the
termination date, the permit shall contain a schedule leading to termination
which will ensure timely compliance with applicable requirements.
c. If the permittee is undecided whether to cease
conducting regulated activities, the director may issue or amend a permit to
continue two schedules as follows:
(1) Both schedules shall contain an identical interim
deadline requiring a final decision on whether to cease conducting regulated
activities no later than a date which ensures sufficient time to comply with
applicable requirements in a timely manner if the decision is to continue
conducting regulated activities;
(2) One schedule shall lead to timely compliance with
applicable requirements;
(3) The second schedule shall lead to cessation of
regulated activities by a date which will ensure timely compliance with
applicable requirements.
(4) Each permit containing two schedules shall include a
requirement that, after the permittee has made a final decision, he shall
follow the schedule leading to compliance if the decision is to continue
conducting regulated activities, and follow the schedule leading to termination
if the decision is to cease conducting regulated activities.
d. The applicant's decisions to cease conducting regulated
activities shall be evidenced by a firm public commitment satisfactory to the
department, such as a resolution of the board of directors of a corporation.
9VAC20-80-560. Closure care. (Repealed.)
A. An owner, operator or permittee intending to close a
solid waste management facility shall notify the department of the intention to
do so as least 180 days prior to the anticipated date of closing.
B. Closure shall occur in accordance with the closure plan.
The facility closure and the closure plan must meet the applicable requirements
contained in Parts V (9VAC20-80-240 et seq.) and VI (9VAC20-80-320 et seq.) of
this chapter.
9VAC20-80-570. Recording and reporting required of a
permittee.(Repealed.)
A. A permit may specify:
1. Required monitoring, including type, intervals and frequency,
sufficient to yield data which are representative of the monitored activity;
2. Requirements concerning the proper use, maintenance, and
installation of monitoring equipment or methods, including biological
monitoring methods when appropriate; and
3. Applicable reporting requirements based upon the impact
of the regulated activity and as specified in this chapter.
B. A permittee shall be subject to the following whenever
monitoring is required by the permit:
1. The permittee shall retain records at the permitted
facility or another location approved by the director. Records shall include
all records required by the facility permit, these regulations or other
applicable regulations. Records of all monitoring information, including all
calibration and maintenance records and all original strip chart recordings for
continuous monitoring instrumentation will be maintained for at least three
years from the sample or measurement date. The director may request that this
period be extended. For operating landfills, records of the most recent gas and
ground water monitoring event will be maintained at the facility.
2. Records of monitoring information shall include:
a. The date, exact place and time of sampling or
measurements;
b. The individuals who performed the sampling or
measurements;
c. The dates analyses were performed;
d. The individuals who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. Monitoring results shall be maintained on file for
inspection by the department.
C. A permittee shall be subject to the following reporting
requirements:
1. Written notice of any planned physical alterations to the
permitted facility, unless such items were included in the plans and specifications
or operating plan approved by the department, shall be given to the director
and approved before such alterations are to occur.
2. Reports of compliance or noncompliance with, or any
progress reports on, interim and final requirements contained in any compliance
schedule of the permit, shall be submitted no later than 14 days following each
schedule date.
3. The permittee shall report to the department any
noncompliance or unusual condition which may endanger health or environment.
Any information shall be provided orally within 24 hours from the time the
permittee becomes aware of the circumstances. A written submission shall also
be provided within five days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the
noncompliance and its cause; the period of noncompliance, including exact dates
and times, and, if the noncompliance has not been corrected, the anticipated
time it is expected to continue. It shall also contain steps taken or planned
to reduce, eliminate and prevent reoccurrence of the noncompliance.
4. The permittee shall submit ground water monitoring
reports if required by Part V of this chapter.
D. Copies of all reports required by the permit, and
records of all data used to complete the permit application must be retained by
the permittee for at least three years from the date of the report or
application. The director may request that this period be extended.
E. When the permittee becomes aware that he failed to
submit any relevant facts or submitted incorrect information in a permit
application or in any report to the director, he shall promptly submit such
omitted facts or the correct information with an explanation.
9VAC20-80-580. Permit denial. (Repealed.)
A. A permit shall be denied if:
1. The applicant fails to provide complete information
required for an application;
2. The facility does not conform with the siting standards
set forth for the facility in Part V or Part VI of this chapter unless an
exemption or variance from the specific siting criteria has been granted;
3. The facility design and construction plans or operating
plans, or both, fail to comply with requirements specified for the proposed
type of facility unless an exemption or variance from the specific requirement
has been granted;
4. The department finds that there is an adverse impact on
the public health or the environment by the design, construction or operation
will result;
5. The applicant is not able to fulfill the financial
responsibility requirements specified in the Virginia Waste Management Board
financial assurance regulations; or
6. Current information sufficient to make the determination
required in § 10.1-1408.1 D of the Code of Virginia has not been provided.
B. Reasons for the denial of any permit shall be provided
to the applicant in writing by the executive director within 30 days of the
decision to deny the permit.
9VAC20-80-590. Appeal of permit denial. (Repealed.)
A. If the department denies a permit to an applicant, the
applicant shall be informed in writing of the decision and the reasons
supporting the denial decision. The department shall mail the decision to the
applicant by certified mail. Within 30 days of the notification date of denial
of the permit, the applicant may make a written request of the director for a
hearing to contest the director's decision. The hearing shall be conducted in
accordance with § 9-6.14:1 et seq. of the Code of Virginia.
B. The director shall render a decision affirming or
modifying the previous denial, and shall notify the applicant of his decision
in writing. If the director "s decision is adverse to the applicant, the
applicant may appeal in accordance with § 9-6.14:1 et seq. of the Code of
Virginia.
9VAC20-80-600. Revocation or suspension of permits. (Repealed.)
A. Any permit issued by the director may be revoked when
any of the following conditions exist:
1. The permit holder violates any regulation of the board or
any condition of a permit where such violation poses a threat of release of
harmful substances into the environment or presents a hazard to human health.
2. The solid waste management facility is maintained or
operated in such a manner as to constitute an open dump or pose a substantial
present or potential hazard to human health or the environment.
3. The solid waste management facility because of its
location, construction or lack of protective construction or measures to
prevent pollution, to constitute an open dump or poses a substantial present or
potential hazard to human health or the environment.
4. Leachate or residues from the solid waste management
facility used for disposal, storage or treatment of solid waste pose a threat
of contamination or pollution of the air, surface waters or ground water in a
manner constituting an open dump or resulting in a substantial present or
potential hazard to human health or the environment.
5. The person to whom the permit was issued abandons, sells,
leases or ceases to operate the facility permitted.
6. The owner or operator fails to maintain financial
assurance mechanism if required to do so by the Financial Assurance Regulations
for Solid Waste Disposal, Transfer, and Treatment Facilities 9VAC20-70.
7. As a result of changes in key personnel, the director
finds that the requirements necessary for issuance of a permit are no longer
satisfied.
8. The applicant has knowingly or willfully misrepresented
or failed to disclose a material fact in applying for a permit or in his
disclosure statement, or any other report or certification required under this
law or under the regulations of the board, or has knowingly or willfully failed
to notify the director of any material change to the information in the
disclosure statement; or
9. Any key personnel has been convicted of any following
crimes punishable as felonies under the laws of the Commonwealth or the
equivalent of them under the laws of any other jurisdiction: murder;
kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson;
burglary; theft and related crimes; forgery and fraudulent practices; fraud in
the offering, sale, or purchase of securities; alteration of motor vehicle
identification numbers; unlawful manufacture, purchase, use or transfer of
firearms; unlawful possession or use of destructive devices or explosives;
violation of the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of Title
54.1 of the Code of Virginia; racketeering; or violation of antitrust laws; or
has been adjudged by an administrative agency or a court of competent
jurisdiction to have violated the environmental protection laws of the United
States, the Commonwealth or any other state and the director determines that
such conviction or adjudication is sufficiently probative of the applicant's
inability or unwillingness to operate the facility in a lawful manner, as to
warrant denial, revocation, amendment or suspension of the permit. In making
such determination, the director shall consider:
a. The nature and details of the acts attributed to key
personnel;
b. The degree of culpability of the applicant, if any;
c. The applicant's policy or history of discipline of key
personnel for such activities;
d. Whether the applicant has substantially complied with
all rules, regulations, permits, orders and statutes applicable to the
applicant's activities in Virginia;
e. Whether the applicant has implemented formal management
controls to minimize and prevent the occurrence of such violations; and
f. Mitigation based upon demonstration of good behavior by
the applicant including, without limitation, prompt payment of damages,
cooperation with investigations, termination of employment or other
relationship with key personnel or other persons responsible for violations or
other demonstrations of good behavior by the applicant that the director finds
relevant to its decision.
B. Revocation and reissuance.
1. If the director finds that solid wastes are no longer
being stored, treated or disposed at a facility in accordance with department
regulations, the director may revoke the permit issued for such facility and
reissue it with a condition requiring the person to whom the permit was issued
to provide closure and post-closure care of the facility.
2. If the director is notified by the permittee that the
ownership of the facility will be transferred to a new owner or that the
operation will be conducted by a new operator, the director will upon receipt
of financial assurance documents required by Financial Assurance Regulations of
Solid Waste Disposal, Transfer, and Treatment Facilities (9VAC20-70), revoke
the original permit and reissue it to the new owner or operator.
C. Except in an emergency, a facility posing a substantial
threat to public health or the environment, the director may revoke a permit
only after a hearing, or a waiver of a hearing, in accordance with the
Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
D. If the director summarily suspends a permit pursuant to
an emergency based on subdivision 18 of § 10.1-1402 of the Virginia Waste
Management Act, the director shall hold a conference pursuant to § 2.2-4019 of
the Virginia Administrative Process Act, within 48 hours to consider whether to
continue the suspension pending a hearing to amend or revoke the permit, or to
issue any other appropriate order. Notice of the hearing shall be delivered at
the conference or sent at the time the permit is suspended. Any person whose
permit is suspended by the director shall cease activity for which permit was
issued until the permit is reinstated by the director or by a court.
9VAC20-80-610. Appeal of a revocation of a permit. (Repealed.)
If the director suspends, revokes or revokes and reissues a
permit, the permittee may appeal in accordance with § 9-6.14:1 et seq. of the
Code of Virginia.
9VAC20-80-620. Amendment of permits. (Repealed.)
A. Permits may be amended at the request of any interested
person or upon the director's initiative. However, permits may only be amended
for the reasons specified in subsections E and F of this section. All requests
shall be in writing and shall contain facts or reasons supporting the request.
Any permit amendment authorizing expansion of an existing sanitary landfill
shall incorporate the conditions required for a disposal capacity guarantee in
§ 10.1-1408.1 P of the Code of Virginia. This provision does not apply to
permit applications from one or more political subdivisions that will only
accept waste from within those political subdivisions' jurisdiction or
municipal solid waste generated within other political subdivisions pursuant to
an interjurisdictional agreement.
B. If the director decides the request is not justified, he
shall send the requester a response providing justification for the decision.
C. If the director tentatively decides to amend he shall
prepare a draft permit incorporating the proposed changes. The director may
request additional information and may require the submission of an updated
permit application. In a permit amendment under subsection E of this section,
only those conditions to be amended shall be reopened when a new draft permit
is prepared. All other aspects of the existing permit shall remain in effect.
During any amendment proceeding the permittee shall comply with all conditions
of the existing permit until the amended permit is issued.
D. When the director receives any information, he may
determine whether or not one or more of the causes listed for amendment exist.
If cause exists, the director may amend the permit on his own initiative
subject to the limitations of subsection E of this section and may request an
updated application if necessary. If a permit amendment satisfies the criteria
in subsection F of this section for minor amendments, the permit may be amended
without a draft permit or public review. Otherwise, a draft permit shall be
prepared and other appropriate procedures followed.
E. Causes for amendment. The director may amend a permit
upon his own initiative or at the request of a third party:
1. When there are material and substantial alterations or
additions to the permitted facility or activity which occurred after permit
issuance which justify the application of permit conditions that are different
or absent in the existing permit;
2. When there is found to be a possibility of pollution
causing significant adverse effects on the air, land, surface water or ground
water;
3. When an investigation has shown the need for additional
equipment, construction, procedures and testing to ensure the protection of the
public health and the environment from adverse effects;
4. If the director has received information pertaining to
circumstances or conditions existing at the time the permit was issued that was
not included in the administrative record and would have justified the
application of different permit conditions, the permit may be amended
accordingly if in the judgment of the director such amendment is necessary to
prevent significant adverse effects on public health or the environment;
5. When the standards or regulations on which the permit was
based have been changed by promulgation of amended standards or regulations or
by judicial decision after the permit was issued;
6. When the director determines good cause exists for
amendment of a compliance schedule, such as an act of God, strike, flood, or
material shortage or other events over which the permittee has little or no
control and for which there is no reasonably available remedy;
7. When an amendment of a closure plan is required under
Part V (9VAC20-80-240 et seq.) or Part VI (9VAC20-80-320 et seq.) of this
chapter and the permittee has failed to submit a permit amendment request
within the specified period;
8. When the corrective action program specified in the
permit under 9VAC20-80-310 has not brought the facility into compliance with
the ground water protection standard within a reasonable period of time; or
9. When cause exists for revocation under 9VAC20-80-600 and
the director determines that an amendment is more appropriate.
F. Permit modification or amendment at the request of the
permittee.
1. Minor modifications and permit amendments.
a. Except as provided in subdivisions b and c of this
subsection, the permittee may put into effect minor modifications listed in Table
7.2 under the following conditions:
(1) The permittee shall notify the department that a minor
amendment that does not require director approval is being requested.
Notification of the department shall be provided by certified mail or other
means that establish proof of delivery at least 14 calendar days before the
change is put into effect. This notice shall specify the changes being made to
permit conditions or supporting documents referenced by the permit and shall
explain why they are necessary. Along with the notice, the permittee shall
provide the applicable information required by 9VAC20-80-510 and 9VAC20-80-520,
9VAC20-80-530, or 9VAC20-80-540.
(2) The permittee shall send a notice of the modification
to the governing body of the county, city or town in which the facility is
located. This notification shall be made within 90 calendar days after the
change is put into effect. For the minor modifications that require prior
director approval, the notification shall be made within 90 calendar days after
the director approves the request.
b. Minor permit modifications identified in Table 7.2 by an
asterisk may be made only with the prior written approval of the director.
c. The permittee may request the director to approve a
modification that will result in a facility that is more protective of the
health and environment than this chapter requires. The request for such a minor
permit modification will be accompanied by a description of the desired change
and an explanation of the manner in which the health and environment will be
protected in a greater degree than the chapter provides for.
2. (Reserved.)
3. Major amendments.
a. For major modifications listed in Table 7.2, the
permittee shall submit a amendment request to the director that:
(1) Describes the exact change to be made to the permit
conditions and supporting documents referenced by the permit;
(2) Identifies that the modification is a major amendment;
(3) Explains why the amendment is needed;
(4) Provides the applicable information required by
9VAC20-80-510 and 9VAC20-80-520, 9VAC20-80-530, or 9VAC20-80-540.
b. No later than 90 days after receipt of the notification
request, the director will determine whether the information submitted under
subdivision 3 a (4) of this subsection is adequate to formulate a decision. If
found to be inadequate, the permittee will be requested to furnish additional
information within 30 days of the request by the director to complete the
amendment request record. The 30-day period may be extended at the request of
the applicant. After the completion of the record, the director will either:
(1) Approve the amendment request, with or without changes,
and draft a permit amendment accordingly; or
(2) Deny the request; or
(3) Approve the request, with or without changes, as a
temporary authorization having a term of up to 180 days in accordance with
subdivision 5 of this subsection.
c. If the director proposes to approve the permit
amendment, he will proceed with the permit issuance in accordance with 9VAC20-80-500
E.
d. The director may deny or change the terms of a major
permit amendment request under subdivision 3 b of this subsection for the
following reasons:
(1) The amendment request is incomplete;
(2) The requested amendment does not comply with the
appropriate requirements of Part V or Part VI of this chapter or other
applicable requirements; or
(3) The conditions of the amendment fail to protect human
health and the environment.
4. Other amendments.
a. In the case of modifications not explicitly listed in
Table 7.2, the permittee may submit a major amendment request, or he may
request a determination by the director that the modification should be
reviewed and approved as a minor amendment. If the permittee requests that the
modification be classified as a minor amendment, he shall provide the
department with the necessary information to support the requested
classification.
b. The director will make the determination described in
subdivision 4 a of this subsection as promptly as practicable. In determining
the appropriate classification for a specific modification, the director will
consider the similarity of the modification to other modifications in Table 7.2
and the following criteria:
(1) Minor modifications apply to minor changes that keep
the permit current with routine changes to the facility or its operation. These
changes do not substantially alter the permit conditions or reduce the capacity
of the facility to protect human health or the environment. In the case of
minor modifications, the director may require prior approval.
(2) (Reserved.)
(3) Major amendments substantially alter the facility or
its operation.
5. Temporary authorizations.
a. Upon request of the permittee, the director may, without
prior public notice and comment, grant the permittee a temporary authorization
in accordance with the requirements of subdivision 5 of this subsection.
Temporary authorizations shall have a term of not more than 180 days.
b. (1) The permittee may request a temporary authorization
for any major amendment that meets the criteria in subdivision 5 c (2) (a) or
(b) of this subsection; or that meets the criteria in subdivisions 5 c (2) (c)
and (d) of this subsection and provides improved management or treatment of a
solid waste already listed in the facility permit.
(2) The temporary authorization request shall include:
(a) A description of the activities to be conducted under
the temporary authorization;
(b) An explanation of why the temporary authorization is
necessary; and
(c) Sufficient information to ensure compliance with Part V
or Part VI standards.
(3) The permittee shall send a notice about the temporary
authorization request to all persons on the facility mailing list. This notification
shall be made within seven days of submission of the authorization request.
c. The director shall approve or deny the temporary
authorization as quickly as practical. To issue a temporary authorization, the
director shall find:
(1) The authorized activities are in compliance with the
standards of Part V or Part VI of this chapter.
(2) The temporary authorization is necessary to achieve one
of the following objectives before action is likely to be taken on an amendment
request:
(a) To facilitate timely implementation of closure or
corrective action activities;
(b) To prevent disruption of ongoing waste management
activities;
(c) To enable the permittee to respond to sudden changes in
the types or quantities of the wastes managed under the facility permit; or
(d) To facilitate other changes to protect human health and
the environment.
d. A temporary authorization may be reissued for one
additional term of up to 180 days provided that the permittee has requested a
major permit amendment for the activity covered in the temporary authorization,
and the director determines that the reissued temporary authorization involving
a major permit amendment request is warranted to allow the authorized
activities to continue while the amendment procedures of subdivision 3 of this
subsection are conducted.
6. Appeals of permit amendment decisions. The director's
decision to grant or deny a permit amendment request under subsection F of this
section may be appealed under the case decision provisions of the Virginia
Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
7. Newly defined or identified wastes. The permittee is
authorized to continue to manage wastes defined or identified as solid waste
under Part III (9VAC20-80-140 et seq.) of this chapter if:
a. He was in existence as a solid waste management facility
with respect to the newly defined or identified solid waste on the effective
date of the final rule defining or identifying the waste; and
b. He is in compliance with the standards of Part V or VI
of this chapter, as applicable, with respect to the new waste, submits a minor
modification request on or before the date on which the waste becomes subject
to the new requirements; or
c. He is not in compliance with the standards of Part V or
VI of this chapter, as applicable, with respect to the new waste, also submits
a complete permit amendment request within 180 days after the effective date of
the definition or identifying the waste.
G. Facility siting. The suitability of the facility
location will not be considered at the time of permit amendment unless new
information or standards indicate that an endangerment to human health or the
environment exists which was unknown at the time of permit issuance.
H. Classification of permit amendments. The following
section provides a table outlining the classification of a permit amendment
based on the type of modification being made to the permit. If a modification
is not specifically provided in Table 7.2, the applicant may request the
classification of a permit amendment in accordance with the procedures in
subdivision F 4 of this subsection.
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Note: See 9 VAC 20-80-620 F 7 for amendment procedures to be
used for the management of newly identified wastes.
*Minor permit modifications identified in this table by an
asterisk may be made only with the prior written approval of the
director (see 9 VAC 20-80-620 F 1 b).
9VAC20-80-630. General. (Repealed.)
A. The requirements and standards contained in this part
apply to solid waste that requires special handling and precautions and are in
addition to the general requirements contained in Parts V (9VAC20-80-240 et
seq.) and VI (9VAC20-80-320 et seq.) of this chapter, as applicable.
1. Facilities may receive solid waste that requires special
handling for processing or disposal only with specific approval of the director
or by specific provisions within the facility permit. The operator should
contact the department for advice about new or unusual wastes and proper
handling techniques. If it is not clear that a particular waste is within the
authorized wastes that a permitted facility may receive, it is required that
the operator receive a letter of clarification from the department before
receiving the waste.
2. Nothing in this part shall limit or affect the power of
the director, by his order, to prohibit storage, treatment or disposal of any
waste or require special handling requirements he determines are necessary to
protect the public health or the environment.
3. The specific special wastes identified in this part are
not all inclusive but intended to provide instructions for the wastes most frequently
managed through solid waste management facilities. Other special wastes such as
discarded chemicals and pesticides not regulated as hazardous wastes, oil spill
cleanup, hazardous materials incident site cleanup, underground and aboveground
storage site residues from cleanup, pesticide containers, hazardous wastes
generated by conditionally exempt small quantity generators as defined by the
hazardous waste regulations, compressed gas cylinders, and contaminated food
products and fabrics requiring supervised disposal are examples of the type of
special wastes for which approval by the director would be required before
permitted solid waste management facilities could receive and dispose of these
materials, unless the material is specifically included in the facility permit.
Facilities with an approved special waste acceptance plan incorporated into the
operations manual of the facility permit are not required to obtain specific
approval when the waste acceptance plan is followed.
B. The requirements and standards contained in this part
also apply to specific materials that are used in a manner that constitutes
disposal.
9VAC20-80-640. Asbestos-containing wastes materials. (Repealed.)
A. Definitions. All terms that are used in this section and
not defined in this subsection shall have the same meanings as in Part I (9VAC20-80-10
et seq.) of this chapter.
"Approved" means that written approval has been
obtained from the department.
"Asbestos" means the asbestiform varieties of
serpentinate (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite,
anthophyllite, and actinolite-tremolite.
"Asbestos containing materials (ACM)" means any
material containing more than 1.0% asbestos.
"Asbestos-containing waste materials" means mill
tailings or any waste that contains commercial asbestos and is generated by a
source subject to 40 CFR Part 61, Subpart M, National Emission Standard for
Asbestos. This term includes filters from control devices, friable asbestos
waste material, and bags or other similar packaging contaminated with
commercial asbestos. As applied to demolition and renovations operations, this
term also includes regulated asbestos-containing material (RACM) waste and
materials contaminated with asbestos including disposable equipment and
clothing.
"Asbestos waste generator" means any owner or
operator of a source covered by 40 CFR 61.140 through 61.157, whose act or
process produces asbestos-containing waste material.
"Category I nonfriable asbestos-containing material
(ACM)" means asbestos-containing packings, gaskets, resilient floor
covering, and asphalt roofing products containing more than 1.0% asbestos, as
determined using the polarized light microscopy method specified in 40 CFR Part
763, Appendix E, Subpart E, Section 1, that are wastes.
"Category II nonfriable asbestos-containing material
(ACM)" means any material, excluding Category I nonfriable ACM, containing
more than 1.0% asbestos, as determined using the polarized light microscopy
methods specified in 40 CFR Part 763, Appendix E, Subpart E, Section 1, that,
when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure
and that are wastes.
"Certified operator" means a waste management
facility operator who has a valid certification obtained from the Board for
Waste Management Facility Operators.
"Commercial asbestos" means any material
containing asbestos that is extracted from ore and has value because of its
asbestos content.
"Disposal area" means the area of land upon which
ACM has been deposited or buried.
"Friable asbestos material" means any waste
material containing more than 1.0% asbestos as determined using the polarized
light microscopy methods specified in 40 CFR Part 763, Appendix E, Subpart E,
Section 1, that, when dry, is capable of being crumbled, pulverized or reduced
to powder by hand pressure.
"Leak-tight" means that solids or liquids cannot
escape or spill out. It also means dust-tight.
"Natural barrier" means a natural object that
effectively precludes or deters access. Natural barriers include physical
obstacles such as cliffs, lakes or other large bodies of water, deep and wide
ravines, and mountains. Remoteness by itself is not a natural barrier.
"Off-site" means off the property on which the
ACM is generated.
"Regulated asbestos-containing material (RACM)"
means:
(a) Friable asbestos material;
(b) Category I nonfriable ACM that has become friable;
(c) Category I nonfriable ACM that will be or has been
subjected to sanding, grinding, cutting, or abrading; and
(d) Category II nonfriable ACM that has a high probability
of becoming or has become crumbled, pulverized, or reduced to powder by the
forces expected to act on the material in the course of demolition or
renovation operations.
For the purposes of this definition, "renovation"
means altering an installation, structure or building or any part of such
installation, structure or building in any way, including the stripping or
removal of RACM. Operations in which load-supporting structural members are
wrecked or taken out are "demolitions."
"Resilient floor covering" means
asbestos-containing floor tile, including asphalt and vinyl floor tile, and
sheet vinyl floor covering containing more that 1.0 % asbestos as determined
using polarized light microscopy according to the method specified in 40 CFR
763, Appendix E, Subpart E, Section 1.
"State NESHAP Office" means the Department of
Labor and Industry, Occupational Health Division, 13 South 13th Street,
Richmond, Virginia 23219.
"Visible emissions" means any emissions that are
visually detectable without the aid of instruments coming from RACM or
asbestos-containing waste material. This does not include condensed, uncombined
water vapor.
"Waste shipment record" means the shipping
document, required to be originated and signed by the asbestos waste generator,
used to track and substantiate the transportation and disposition of
asbestos-containing waste material. This document will contain, upon
completion, the legal signatures of the asbestos waste generator, transporters,
and the certified operator of the disposal facility or the legal agent of any
of those persons.
B. Applicability. The additional standards contained in
this section apply to the management of all asbestos-containing waste materials
generated by asbestos mills, by manufacturing, fabricating, and spraying
operations, and RACM generated in the course of demolition and renovation of
installations, structures or buildings, or other waste generating activities.
C. Waste preparation for disposal. In order for
asbestos-containing waste materials to be accepted at the disposal site, asbestos-containing
waste materials received at the disposal site shall meet the following
requirements:
1. Conform to all packaging requirements contained in 40 CFR
61.149 and 61.150, National Emission Standards for Asbestos.
a. All asbestos-containing waste materials generated in a
manufacturing, fabrication, or spraying operation and all RACM generated in a
demolition or renovation operation shall be placed in leak-tight containers
while wet. Materials that will not fit into containers without additional breaking
shall be put into leak-tight wrapping.
b. The containers or wrapped materials specified in
subsection 1 a of this section shall be labeled using warning labels specified
by Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.1001(j)(2)
or 1926.58(k)(2)(iii). The labels shall be printed in letters of sufficient
size and contrast so as to be readily visible and legible and shall contain the
following information:
DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER
AND LUNG DISEASE HAZARD
c. For materials transported off-site, label containers or
wrapped materials with a name of the waste generator and the location at which
the waste was generated. For small items, the label may serve as wrapping.
d. For facilities demolished where RACM is not removed
prior to demolition according to 40 CFR 61.145(c)(i), (ii), (iii), and (iv) or
for facilities demolished according to 40 CFR 61.145(c)(9), the asbestos
containing waste materials do not have to be sealed in leak-tight containers or
wrapping but may be transported and disposed of in bulk.
e. Category I nonfriable ACM and Category II nonfriable ACM
generated in a demolition or renovation operation that do not meet the
definition of RACM need not meet the requirements of subdivisions 1 a, b, c and
d of this subsection.
2. Mark vehicles used to transport asbestos-containing waste
materials during the loading and unloading of wastes so that the signs are
visible. The markings must:
a. Be displayed in such a manner and location that a person
can easily read the legend;
b. Conform to the requirements of 20 inches by 14 inches
upright format caution signs specified in 29 CFR 1910.145(d)(4).
c. Display the following legend with letter sizes and
styles of a visibility at least equal to those specified in Table 8.1-1.
Spacing between any two lines shall be at least equal to the height of the
upper two lines.
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3. Properly packaged asbestos-containing waste materials
shall be transported in accordance with the requirements of the Virginia
Regulations Governing Transportation of Hazardous Materials (9VAC20-110).
Asbestos-containing waste materials shall be accompanied by the waste shipment
record.
4. All asbestos containing waste materials must be
accompanied by a copy of the waste shipment record on a form similar to that
specified in Figure 4 of 40 CFR 61.149. The required information on the
shipment record includes:
a. The name, address, and telephone number of waste generator;
b. The name and address of the state NESHAP office, which
is: Department of Labor and Industry, Occupational Health Division, 13 South
13th Street, Richmond, Virginia 23219;
c. The approximate quantity in cubic meters (cubic yards);
d. The name and telephone number of the disposal site
operator;
e. The date transported;
f. The name, address, and the telephone number of the
transporter(s); and
g. A certification that the contents of the consignment are
fully and accurately described by proper shipping name and are classified,
packed, marked, and labeled, and are in all respects in proper condition for
transport by highway according to applicable international and government
regulations.
D. Disposal of asbestos-containing waste materials. Each owner
or operator of a solid waste disposal facility that receives
asbestos-containing waste materials shall meet the requirements of this
section.
1. All asbestos-containing waste materials generated in a
manufacturing, fabrication, or spraying operation and all RACM generated in a
demolition or renovation operation shall be disposed in a special purpose
landfill or in a designated area of a sanitary landfill. Category I and
Category II nonfriable ACM may be disposed in a landfill providing daily soil
cover, providing that the operator is notified and other pertinent requirements
of this part are met.
NOTE: ACM may be disposed in asbestos disposal cells or
units located at existing disposal facilities above the natural ground level,
provided they comply with all other appropriate regulatory requirements
contained in Part V (9VAC20-80-240 et seq.) of this chapter.
2. Either there must be no visible emissions to the outside
air during unloading, placement, compacting, or other operation at any active
disposal site where waste asbestos-containing waste materials are being
managed, or the requirements of subdivision 4 or 5 of this subsection must be
met.
3. Unless a natural barrier adequately deters access by the
general public, either
a. Warning signs and fencing shall be installed and
maintained as follows:
(1) Warning signs shall be displayed at all entrances and
at intervals of 100 meters (330 feet) or less along the property line of the
site or along the perimeter of the sections of the site where waste
asbestos-containing waste materials are deposited. The warning signs shall:
(a) Be posted in such a manner and location that a person
can readily read the legend; and
(b) Conform to the requirements of signs specified in 29
CFR 1910.145(d)(4) and 40 CFR 61.154(b)(1)(ii); and
(c) Display the following legend in the lower panel with
letter sizes and styles of visibility at least equal to those specified in
Table 8.1-2. Spacing between any two lines shall be at least equal to the height
of the upper of the two lines; and
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(2) The perimeter of the disposal site shall be fenced in a
manner adequate to deter access by the general public.
4. Rather than meet the no visible emission requirement of subdivision
2 of this subsection, the owner or operator may at the end of each operating
day, or at least once every 24-hour period while the site is in continuous
operation:
a. Cover the asbestos-containing waste material with at
least 15 centimeters (6 inches) of compacted non-ACM; or
b. Cover with a resinous or petroleum-based dust
suppression agent that effectively binds dust and controls wind erosion. Such
an agent shall be used in the manner and frequency recommended for the
particular dust by the suppressant manufacturer to achieve and maintain dust
control. Other equally effective dust suppression agents may be used upon prior
approval by the director. For purposes of this paragraph, any used, spent, or
other waste oil is not considered a dust suppression agent.
5. Rather than meet the no visible emission requirement of
subdivision 2 of this subsection, the owner or operator may use an alternate
emission control method that has received prior written approval by the EPA
Administrator.
6. Recordkeeping and reporting.
a. Waste shipment records. For all asbestos-containing
waste materials received, the owner or operator of the solid waste disposal
facility shall:
(1) Maintain waste shipment records using a form similar to
that shown in Figure 4 of 40 CFR 61.149 and include the following information:
(a) The name, address, and telephone number of the waste
generator.
(b) The name, address, and telephone number of the
transporter(s).
(c) The quantity of the waste asbestos-containing waste
material in cubic meters or cubic yards.
(d) The presence of improperly enclosed or uncovered waste,
or any asbestos-containing waste material not sealed in leak-tight containers.
Report in writing to the local, state, or EPA Regional office responsible for
administration of asbestos NESHAP program for the waste generator (identified
in the waste shipment record), and, if different, to the Occupational Health
Division, Department of Labor and Industry, 13 South 13th Street, Richmond,
Virginia 23219, by the following working day, the presence of a significant
amount of improperly enclosed or uncovered waste. Submit a copy of the waste
shipment record along with the report.
(e) The date of the receipt.
(2) As soon as possible and no longer than 30 days after
receipt of the waste, send a copy of the signed waste shipment record to the
waste generator.
(3) Upon discovering the discrepancy between the quantity
of waste designated on the waste shipment records and the quantity actually
received, attempt to reconcile such discrepancy with the waste generator. If
the discrepancy is not resolved within 15 days after receiving the waste,
immediately report it in writing to the local, state or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator (identified in the waste shipment record), and, if different, the
Department of Labor and Industry at 13 South 13th Street, Richmond, Virginia
23219. Describe the discrepancy and the attempts to reconcile it, and submit a
copy of the waste shipment record along with the report.
(4) Retain a copy of all records and reports required by
subdivision 6 a of this subsection for at least two years.
b. Disposal records. The owner or operator of a solid waste
management facility receiving asbestos-containing waste material shall:
(1) Initiate and maintain, until closure, records of the
location, depth and area, and quantity in cubic meters (cubic yards) of
asbestos-containing waste material within the disposal site on a map or diagram
of the disposal area.
(2) Submit to the director, upon closure of the facility, a
copy of records of asbestos waste disposal locations and quantities.
c. Furnish upon request by the director, and make available
during normal business hours for inspection, all records required by
subdivision 6 b of this subsection.
7. Closure and post-closure care. In addition to the
requirements contained in Part V of this chapter, the owner or operator of a
solid waste disposal facility receiving the asbestos-containing waste material
shall, within 60 days of the closure of the site, record with the county
clerk's office a notation on the deed to the facility property or any other
document that would normally be examined during a title search that will in
perpetuity notify any purchaser of the property that:
a. The property has been used for the disposal of
asbestos-containing waste materials;
b. The copy of the survey plot and the record of location
and quantity of asbestos-containing waste materials disposed are attached to
the notation; and
c. The site is subject to regulation under 9VAC5-60-70.
8. Disturbance of disposed waste.
a. The owner or operator of an active or a closed asbestos
containing waste material disposal facility shall request the director in
writing to approve disturbance of disposed waste at least 45 days prior to
excavating or otherwise disturbing any asbestos-containing waste materials that
has been deposited at the facility.
b. The request shall contain the following information:
(1) Scheduled starting and completion dates;
(2) Reasons for disturbing the waste;
(3) Procedures to be used to control emissions during the
excavation, storage, transport, and ultimate disposal of the excavated
asbestos-containing waste material; and
(4) Location of any temporary storage site and the ultimate
disposal site.
c. The director shall either:
(1) Approve the request;
(2) Require additional information and resubmission of the
request; or
(3) Deny the request, giving the reasons for denial.
9VAC20-80-650. Wastes containing polychlorinated biphenyls
(PCBs). (Repealed.)
A. Definitions. The definitions provided in this subsection
are derived from definitions in 40 CFR 761.3 and are provided here for the
convenience of the regulated community. The definitions here have been altered
from those appearing in the federal regulation in order to simplify the
definitions to indicate the specific types of items that can or cannot be
considered for disposal in a sanitary landfill. These definitions are not
identical to the federal definitions. All terms that are used in this section
and that are not defined in this subsection shall have the same meaning as in
Part I (9VAC20-80-10 et seq.) of this chapter or 40 CFR 761.3 as applicable.
Nothing in this section shall be deemed to allow management other than as
required by federal law and regulation.
"PCB bulk product waste" means:
1. Nonliquid bulk wastes or debris from the demolition of
buildings and other man-made structures manufactured, coated, or serviced with
PCBs. PCB bulk product waste does not include debris from the demolition of
buildings or other man-made structures that is contaminated by spills from
regulated PCBs which have not been disposed of, decontaminated, or otherwise
cleaned in accordance with 40 CFR Part 761 Subpart D.
2. PCB containing wastes from the shredding of automobiles,
household appliances, or industrial appliances where PCB small capacitors have
been removed (shredder fluff).
3. Plastics (such as plastic insulation from wire or cable;
radio, television and computer casings; vehicle parts; or furniture laminates);
preformed or molded rubber parts and components; applied dried paints,
varnishes waxes or similar coatings or sealants; Galbestos.
"PCB cleanup waste" means nonliquid cleaning
materials and personal protective equipment at any concentration including
nonporous surfaces and other nonliquid materials such as rags, gloves, booties,
other disposable personal protective equipment, and similar materials.
"PCB-contaminated electrical equipment" means any
electrical equipment including, but not limited to, transformers (including
those used in railway locomotives and self-propelled cars), capacitors, circuit
breakers, reclosers, voltage regulators, switches (including sectionalizers and
motor starters), electromagnets, and cable, that contains PCBs at
concentrations of ≥50 ppm and <500 ppm in the contaminating fluid. In the absence of liquids, electrical equipment is PCB-Contaminated if it has PCBs at >10
ig/100 cm2 and <100 ig/100 cm2; as measured by a
standard wipe test (as defined in 40 CFR 761.123) of a non-porous surface.
"PCB remediation waste" means soil, rags, and
other debris generated as a result of any PCB spill cleanup, including, but not
limited to:
1. Environmental media containing PCBs, such as soil and
gravel; dredged materials, such as sediments, settled sediment fines, and
aqueous decantate from sediment.
2. Sewage sludge containing <50 ppm PCBs; PCB sewage
sludge; commercial or industrial sludge contaminated as the result of a spill
of PCBs including sludges located in or removed from any pollution control
device; aqueous decantate from an industrial sludge.
3. Buildings and other man-made structures, such as concrete
or wood floors or walls contaminated from a leaking PCB or PCB-Contaminated
transformer, porous surfaces and nonporous surfaces.
B. Solid wastes containing PCB concentrations between 1.0
ppm and 50 ppm are restricted to disposal in sanitary landfills or industrial
waste landfills with leachate collection, liners, and appropriate ground water
monitoring as required in Part V (9VAC20-80-240 et seq.) of this chapter,
except as allowed in subsection C of this section.
C. Other PCB wastes.
1. PCB bulk product wastes with concentrations above 50 ppm
may be approved for disposal by the director on a case-by-case basis.
Submissions prepared for the director's decision will include a description of
the PCB waste indicating the material proposed for disposal and how the federal
regulations under 40 CFR 761.62 apply to the material. Consistent with the
procedures in 40 CFR Part 761, PCB bulk product wastes that are shredder fluff
or plastics as defined above need not be tested for PCBs prior to disposal.
However, other PCB bulk product waste that has been sampled in accordance with
the protocols set out in 40 CFR Part 761 Subpart R and may be considered for
disposal if the waste leaches PCBs at less than 10 μg/L measured using a
procedure used to simulate leachate generation. Requests for a director's
determination must come from a permitted landfill. Alternatively, a landfill
may modify its permit to incorporate a special waste acceptance plan which
addresses PCB wastes. Facilities requesting to receive PCB bulk product waste
must also meet the following provisions:
a. The unit to receive the waste must have a liner system
meeting the requirements of 9VAC20-80-250 B 9 or an alternate liner approved
under the provisions of 9VAC20-80-780.
b. The unit to receive the waste must have a leachate
collection system consistent with 9VAC20-80-290.
c. Ground water monitoring may not have detected Table 5.1
constituents above the maximum contaminant levels (MCLs) promulgated under §
141.2 of the Safe Drinking Water Act (40 CFR Part 141 Subpart B) during the
active life of the facility.
2. Consistent with 40 CFR Part 761, PCB articles such as
PCB-contaminated electrical equipment, PCB hydraulic machines, or pipe that
have previously contained PCB, which have been drained, may be disposed of in a
sanitary landfill with leachate collection, liners, and appropriate ground
water monitoring as required in Part V of this chapter. PCB testing, draining
and other preparation for disposal of the equipment, if required, will be
consistent with 40 CFR Part 761.
D. Consistent with 40 CFR Part 761, PCB remediation waste
with PCB concentrations =50 ppm may not be disposed of in a sanitary landfill.
PCB remediation waste includes but is not limited to items such as soil,
sediments, dredged materials, muds, and sludge. PCB cleanup waste as defined
above may be disposed of in a sanitary landfill with liners and a leachate
collection system.
9VAC20-80-660. Liquids. (Repealed.)
Free liquids cannot be disposed of in a landfill. Free
liquids and poorly contained liquids shall be absorbed on solid material before
being placed in a sanitary landfill.
9VAC20-80-670. Tires. (Repealed.)
A. Unless exempt under 9VAC20-80-60 D 11 or 9VAC20-80-160 A
6, owners or operators of a waste tire storage unit or facility, to include
sites engaged in speculative accumulation, shall obtain a permit in accordance
with standards contained in 9VAC20-80-340 or 9VAC20-80-400, as appropriate.
B. Owners or operators of units or facilities that store
waste tires in containers such as trailers shall, in addition to requirements
contained in 9VAC20-80-340:
1. Establish and maintain a contractual agreement for prompt
removal of the waste tires from the facility;
2. Obtain approval for the storage area from the local fire
marshal if required;
3. Include in the contingency plan required under
9VAC20-80-340 D 3 a section that describes actions that will be taken in
response to a fire or release of product of combustion which would threaten
human health or the environment. The plan shall also provide for the worst case
contingency such as a fire at the facility when its inventory is at its maximum
capacity. Consideration must be provided regarding on-site water supply, access
routes to the site, security, alarms, training, drills and on-site protection
equipment; and
4. Not store waste tires in excess of the quantity specified
in the permit.
C. Owners or operators of facilities that store or treat
waste tires in piles shall, in addition to the requirements contained in
9VAC20-80-400:
1. Place the waste tires in piles that:
a. Do not exceed five feet in height;
b. Do not exceed 5,000 square feet in base surface area;
and
c. Do not exceed 50 feet in width.
2. Provide a minimum separation distance of 50 feet between
waste tire piles and between waste pile and any structure. These separation
areas shall be maintained free of obstructions and maintained in such a manner
that emergency vehicles will have adequate access to all waste tire management
areas.
3. Unless the waste tire pile is located at a disposal
facility regulated under 9VAC20-80-250 or 9VAC20-80-260:
a. Provide a berm of soil between all waste tire piles in
the storage area. The berm shall extend as high as the height of the waste tire
pile;
b. In addition to any material in the berm, for each waste
tire pile, provide and maintain a stockpile of 20 cubic yards of soil within
200 feet of each pile; and
c. Provide a fence around the entire storage and treatment
area to control access to the storage facility.
4. Include in the contingency plan required under
9VAC20-80-400 D 3 a section which describes actions that will be taken in
response to a fire or release of product of combustion which would threaten
human health or the environment. The plan shall also provide for the worst case
contingency such as a fire at the facility when its inventory is at its maximum
capacity. Consideration must be provided regarding on-site water supply, access
routes to the site, security, alarms, training, drills and on-site protection
equipment.
5. Not store waste tires in excess of the quantity specified
in the permit.
D. More than 1,000 discarded tires shall not be stored at a
solid waste disposal facility unless the permit for the facility expressly
allows such storage. Tires disposed of in a sanitary or
construction/demolition/debris landfill shall be split, cut, or shredded before
disposal and should be dispersed in the workface with other solid wastes.
Alternate burial not incorporating cutting or splitting at a specific facility
may be approved if the method will assure that tires will not emerge from the
burial facility.
9VAC20-80-680. Drums. (Repealed.)
Drums and other bulk containers shall not be disposed until
emptied, properly cleaned and opened at both ends, and crushed. Pesticide
containers shall be triple rinsed before disposal.
9VAC20-80-690. White goods. (Repealed.)
Appliances and other white goods may be accumulated at a
facility for not more than 60 days prior to salvage or disposal. An alternate
schedule may be approved.
9VAC20-80-700. Soil contaminated with petroleum products.
(Repealed.)
A. Applicability.
1. The specific requirements contained in this section apply
to requests by the owner or operator of a solid waste disposal facility for
approval of disposal of soil contaminated solely with petroleum and petroleum
products, including but not limited to diesel fuels, kerosene, gasoline,
hydraulic fluids, jet engine fuel, and motor oil.
2. Any contaminated soil from a state other than Virginia
that is classified as a hazardous waste in the state of origin shall be managed
as a hazardous waste. Such wastes are not acceptable for disposal in a solid
waste management facility in the Commonwealth.
B. Required information.
1. A statement from the generator certifying that the soil
is non-hazardous waste as defined by the Virginia Hazardous Waste Management
Regulations or federal regulations under Subtitle C, Resource Conservation and
Recovery Act.
2. The amount of petroleum contaminated soil to be disposed.
3. A description of the sampling protocol and a copy of all
laboratory analyses.
4. If generated in a state other than Virginia,
certification from the generator that the waste is not considered a hazardous
waste in its state of generation.
C. Testing requirements.
1. Analytical methods. Following methods shall be used in
the analysis of the contaminated soil:
a. The presence of any free liquid shall be determined by
EPA SW-846 method 9095, Paint Filter Liquids Test.
b. The total petroleum hydrocarbon (TPH) concentration
shall be determined by using EPA SW-846 method 5035/8015B.
c. The concentration of benzene, toluene, ethyl benzene,
and xylene (BTEX) shall be determined by using EPA SW-846 method 8021B.
d. The soil shall be tested for total organic halogens
(TOX) in accordance with test methods contained in EPA SW-846.
e. The soil contaminated by leakage from an underground
tank shall be tested for EP toxicity using EPA SW-846 method 1310. If the tank
contained motor oil, the testing may be limited to heavy metals; tanks that
contained all other petroleum products shall be tested for lead and any other
compound covered by that test known to be present.
f. The soil contaminated as a result of anything other than
leakage from an underground storage tank shall be tested by the Toxicity
Characteristic Leaching Procedure (TCLP). If the soil was contaminated by
virgin motor oil, the testing may be limited to heavy metals. Soil contaminated
by any petroleum product other than virgin motor oil shall be tested for lead
and any other compound covered by that test known to be present. If other TCLP
constituents are not tested for, the generator shall be able to certify that
the soil is not a hazardous waste, and certify that it did not contain those
constituents not tested.
2. Sampling. A minimum of one composite sample shall be
analyzed for each required test for every 100 cubic yards of soil to be
disposed. In the case of soil reclaimed by thermal treatment, a minimum of one
sample shall be analyzed for every production day composited hourly. For very
large amounts of soil the sampling rates may be adjusted with the approval of
the director.
3. a. In the case of soil contaminated with gasoline, the
testing requirements for TCLP for lead, TOX, or the paint filter liquids test
may be waived, if the department staff determines that the material was
contaminated with unleaded gasoline, does not contain any halogenated
hydrocarbons, or free liquids.
b. Waiver for BTEX testing requirements may be granted, if
the generator can provide sufficient documentation that the material does not
contain any benzene, toluene, ethyl benzene, or xylenes, and the amount of
material to be disposed of is less than 20 cubic yards.
D. Disposal criteria.
1. Soils failing the TCLP test shall be managed in accordance
with the Virginia Hazardous Waste Management Regulations.
2. Soils exhibiting greater than 100 milligram per kilogram
(mg/kg) of TOX may not be disposed of until separate approval from the department
is granted. This request shall document the cause for the high TOX level.
3. If the concentration of total BTEX is greater than 10
mg/kg or TPH is greater than 500 mg/kg, the soil cannot be disposed of in any
sanitary or industrial landfill unless the facility permit expressly allows
such disposal.
4. If the concentration of TPH is less than 500 mg/kg and
total BTEX is less than 10 mg/kg, the disposal of the contaminated soil may be
approved for permitted sanitary or industrial landfills equipped with liners
and leachate collection systems.
5. Soil containing less than 50 mg/kg TPH and total BTEX
less than 10 mg/kg may be used as clean fill. This soil, however, may not be
disposed of closer than 100 feet of any regularly flowing surface water body or
river, 500 feet of any well, spring or other ground water source of drinking
water, and 200 feet from any residence, school, hospital, nursing home or
recreational park area. In addition, if the soil is not to be disposed of on
the generator's property, the generator shall notify the property owner that
the soil is contaminated and with what it is contaminated.
E. Exemptions.
1. Contaminated soil resulting from a storage tank release
or from a spill may be considered for an exemption from the limits and/or
testing specified in subsection D of this section where the total volume of
contaminated soil from a cleanup site is less than 20 cubic yards, and the
contaminated soil is not a hazardous waste.
2. The director may approve the disposal of contaminated
soil resulting from an emergency cleanup of a spill of petroleum products,
provided that the waste is non-hazardous as defined by the Virginia Hazardous
Waste Management Regulations or by federal regulations under Subtitle C of
RCRA.
3. Soil contaminated with petroleum products resulting from
ordinary household functions may be disposed with the general household waste.
9VAC20-80-710. Lead acid batteries. (Repealed.)
A. Discarding, placing with municipal mixed solid waste, or
otherwise disposing of used lead acid (wet-cell) batteries is prohibited (see
9VAC20-80-70). All such batteries shall be delivered to a battery retailer, an
agent of the battery wholesaler, a battery manufacturer, a secondary lead
smelter, or a collection or reclamation facility permitted or otherwise
authorized by the department, or other state or federal regulations.
B. Any person selling lead acid batteries at retail or
offering lead acid batteries for retail sale in the Commonwealth shall:
1. Accept from customers, at the point of transfer, used
lead acid batteries of the type and in a quantity at least equal to the number
of new batteries purchased, if offered by customers; and
2. Post written notice which shall be at least 8½ inches by
11 inches in size and which shall include the universal recycling symbol and
the following language:
a. "It is illegal to discard a motor vehicle battery
or other lead acid battery,"
b. "Recycle your used batteries," and
c. "State law requires us to accept used motor vehicle
batteries or other lead acid batteries for recycling, in exchange for new
batteries purchased."
NOTE: Printed notices are available from the department upon
request.
C. A person accepting batteries in transfer from a battery
retailer shall be allowed a period not to exceed 90 days to remove batteries
from the retail point of collection.
D. A person who does not sell new batteries but who
collects, stores, and reclaims used lead acid batteries shall be considered to
operate a materials recovery facility regulated under Parts VI and VII of this
chapter or Part XIII of Virginia Hazardous Waste Management Regulations, as
applicable.
9VAC20-80-720. [Reserved] (Repealed.)
Part IX
Rulemaking Petitions and Procedures
9VAC20-80-730. General. (Repealed.)
A. Any person affected 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 part. Any petition submitted to the
department is also subject to the provisions of the Virginia Administrative
Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
B. The executive director will not accept any petition
relating to:
1. Equivalent testing or analytical methods contained in EPA
Publication SW-846;
2. Definition of solid waste contained in 9VAC20-80-140;
3. Criteria used for classification of solid waste disposal
facilities contained in 40 CFR Parts 257 and 258; and
4. A change in the regulatory requirements which the
petitioner is currently violating until such time as the violation has been
resolved through the enforcement process.
9VAC20-80-740. Exemptions to classification as a solid waste.
(Repealed.)
A. Applicability.
1. A person who uses, reuses, or reclaims waste that is
managed entirely within the Commonwealth may petition the department to exclude
the waste at a particular site from the classification as the solid waste (see
Parts I and III). The conditions under which a petition for a variance will be
accepted are shown in 9VAC20-80-740 B. The wastes excluded under such petitions
may still, however, remain classified as a solid waste for the purposes of
other regulations issued by the Virginia Waste Management Board or other
agencies of the Commonwealth.
2. A person who generated wastes at a generating site in Virginia
and whose waste is transported across state boundaries, shall first obtain
favorable decision from the appropriate agencies of other states before his
waste may be considered for an exemption by the director.
3. A person who uses, reuses, or reclaims materials from a
generating site outside the Commonwealth and who causes them to be brought into
the Commonwealth for use, reuse, or reclamation shall first obtain favorable
decision from the appropriate authorities in that state before the waste may be
considered for an exemption by the director.
B. Conditions for an exemption. As the result of a petition
and in accordance with the standards and criteria in 9VAC20-80-740 C and the
procedures in 9VAC20-80-790, the director may determine on a case-by-case basis
that the following used, reused or reclaimed materials are exempt for the
purposes of this chapter:
1. Materials that are accumulated speculatively without
sufficient amounts being used, reused or reclaimed (as defined in Part I);
2. Materials that are reclaimed and then reused within the
original primary production process in which they were generated;
3. Materials that have been reclaimed but shall be reclaimed
further before the materials are completely recovered; and
4. Materials that are reclaimed and then reused in
applications involving their placement into land.
C. Standards and criteria for exemptions.
1. The director may grant requests for a variance from
classifying as a solid waste those materials that are accumulated speculatively
without sufficient amounts being used, reused or reclaimed if the applicant
demonstrates that sufficient amounts of the material will be used, reused or
reclaimed or transferred for recycling use, reuse or reclamation in the
following year. If a variance is granted, it is valid only for the following
year, but can be renewed, on an annual basis, by filing a new application. The
director's decision will be based on the following standards and criteria:
a. The manner in which the material is expected to be used,
reused or reclaimed, and when the material is expected to be used, reused or
reclaimed, and whether this expected disposition is likely to occur (for
example, because of past practice, market factors, the nature of the material,
or contractual arrangement for use, reuse or reclamation);
b. The reason that the applicant has accumulated the
material for one or more years without use, reuse or reclamation 75% of the
volume accumulated at the beginning of the year;
c. The quantity of material already accumulated and the
quantity expected to be generated and accumulated before the material is used,
reused or reclaimed;
d. The extent to which the material is handled to minimize
loss;
e. Other relevant factors.
2. The director may grant requests for a variance from
classifying as a solid waste those materials that are reclaimed and then reused
as feedstock within the original primary production process in which the
materials were generated if the reclamation operation is an essential part of
the production process. This determination will be based on the following
criteria:
a. How economically viable the production process would be
if it were to use virgin materials, rather than reclaimed materials;
b. The prevalence of the practice on an industry-wide
basis;