§ 10.1-1408.1. Permit required; open dumps prohibited.
A. No person shall operate any sanitary landfill or other facility for thedisposal, treatment or storage of nonhazardous solid waste without a permitfrom the Director.
B. No application for (i) a new solid waste management facility permit or(ii) application for a permit amendment or variance allowing a category 2landfill, as defined in this section, to expand or increase in capacity shallbe complete unless it contains the following:
1. Certification from the governing body of the county, city or town in whichthe facility is to be located that the location and operation of the facilityare consistent with all applicable ordinances. The governing body shallinform the applicant and the Department of the facility's compliance ornoncompliance not more than 120 days from receipt of a request from theapplicant. No such certification shall be required for the application forthe renewal of a permit or transfer of a permit as authorized by regulationsof the Board;
2. A disclosure statement, except that the Director, upon request and in hissole discretion, and when in his judgment other information is sufficient andavailable, may waive the requirement for a disclosure statement for a captiveindustrial landfill when such a statement would not serve the purposes ofthis chapter;
3. If the applicant proposes to locate the facility on property not governedby any county, city or town zoning ordinance, certification from thegoverning body that it has held a public hearing, in accordance with theapplicable provisions of § 15.2-2204, to receive public comment on theproposed facility. Such certification shall be provided to the applicant andthe Department within 120 days from receipt of a request from the applicant;
4. If the applicant proposes to operate a new sanitary landfill or transferstation, a statement, including a description of the steps taken by theapplicant to seek the comments of the residents of the area where thesanitary landfill or transfer station is proposed to be located, regardingthe siting and operation of the proposed sanitary landfill or transferstation. The public comment steps shall be taken prior to filing with theDepartment the notice of intent to apply for a permit for the sanitarylandfill or transfer station as required by the Department's solid wastemanagement regulations. The public comment steps shall include publication ofa public notice once a week for two consecutive weeks in a newspaper ofgeneral circulation serving the locality where the sanitary landfill ortransfer station is proposed to be located and holding at least one publicmeeting within the locality to identify issues of concern, to facilitatecommunication and to establish a dialogue between the applicant and personswho may be affected by the issuance of a permit for the sanitary landfill ortransfer station. The public notice shall include a statement of theapplicant's intent to apply for a permit to operate the proposed sanitarylandfill or transfer station, the proposed sanitary landfill or transferstation site location, the date, time and location of the public meeting theapplicant will hold and the name, address and telephone number of a personemployed by the applicant, who can be contacted by interested persons toanswer questions or receive comments on the siting and operation of theproposed sanitary landfill or transfer station. The first publication of thepublic notice shall be at least fourteen days prior to the public meetingdate.
The provisions of this subdivision shall not apply to applicants for a permitto operate a new captive industrial landfill or a newconstruction-demolition-debris landfill;
5. If the applicant is a local government or public authority that proposesto operate a new municipal sanitary landfill or transfer station, astatement, including a description of the steps taken by the applicant toseek the comments of the residents of the area where the sanitary landfill ortransfer station is proposed to be located, regarding the siting andoperation of the proposed sanitary landfill or transfer station. The publiccomment steps shall be taken prior to filing with the Department the noticeof intent to apply for a permit for the sanitary landfill or transfer stationas required by the Department's solid waste management regulations. Thepublic comment steps shall include the formation of a citizens' advisorygroup to assist the locality or public authority with the selection of aproposed site for the sanitary landfill or transfer station, publication of apublic notice once a week for two consecutive weeks in a newspaper of generalcirculation serving the locality where the sanitary landfill or transferstation is proposed to be located, and holding at least one public meetingwithin the locality to identify issues of concern, to facilitatecommunication and to establish a dialogue between the applicant and personswho may be affected by the issuance of a permit for the sanitary landfill ortransfer station. The public notice shall include a statement of theapplicant's intent to apply for a permit to operate the proposed sanitarylandfill or transfer station, the proposed sanitary landfill or transferstation site location, the date, time and location of the public meeting theapplicant will hold and the name, address and telephone number of a personemployed by the applicant, who can be contacted by interested persons toanswer questions or receive comments on the siting and operation of theproposed sanitary landfill or transfer station. The first publication of thepublic notice shall be at least fourteen days prior to the public meetingdate. For local governments that have zoning ordinances, such public commentsteps as required under §§ 15.2-2204 and 15.2-2285 shall satisfy the publiccomment requirements for public hearings and public notice as required underthis section. Any applicant which is a local government or public authoritythat proposes to operate a new transfer station on land where a municipalsanitary landfill is already located shall be exempt from the public commentrequirements for public hearing and public notice otherwise required underthis section;
6. If the application is for a new municipal solid waste landfill or for anexpansion of an existing municipal solid waste landfill, a statement, signedby the applicant, guaranteeing that sufficient disposal capacity will beavailable in the facility to enable localities within the Commonwealth tocomply with solid waste management plans developed pursuant to § 10.1-1411,and certifying that such localities will be allowed to contract for and toreserve disposal capacity in the facility. This provision shall not apply topermit applications from one or more political subdivisions for new landfillsor expanded landfills that will only accept municipal solid waste generatedwithin those political subdivisions' jurisdiction or municipal solid wastegenerated within other political subdivisions pursuant to aninterjurisdictional agreement;
7. If the application is for a new municipal solid waste landfill or for anexpansion of an existing municipal solid waste landfill, certification fromthe governing body of the locality in which the facility would be locatedthat a host agreement has been reached between the applicant and thegoverning body unless the governing body or a public service authority ofwhich the governing body is a member would be the owner and operator of thelandfill. The agreement shall, at a minimum, have provisions covering (i) theamount of financial compensation the applicant will provide the hostlocality, (ii) daily travel routes and traffic volumes, (iii) the dailydisposal limit, and (iv) the anticipated service area of the facility. Thehost agreement shall contain a provision that the applicant will pay the fullcost of at least one full-time employee of the locality whose responsibilityit will be to monitor and inspect waste transportation and disposal practicesin the locality. The host agreement shall also provide that the applicantshall, when requested by the host locality, split air and water samples sothat the host locality may independently test the sample, with all associatedcosts paid for by the applicant. All such sampling results shall be providedto the Department. For purposes of this subdivision, "host agreement" meansany lease, contract, agreement or land use permit entered into or issued bythe locality in which the landfill is situated which includes terms orconditions governing the operation of the landfill;
8. If the application is for a locality-owned and locality-operated newmunicipal solid waste landfill or for an expansion of an existing suchmunicipal solid waste landfill, information on the anticipated (i) dailytravel routes and traffic volumes, (ii) daily disposal limit, and (iii)service area of the facility; and
9. If the application is for a new solid waste management facility permit orfor modification of a permit to allow an existing solid waste managementfacility to expand or increase its capacity, the application shall includecertification from the governing body for the locality in which the facilityis or will be located that: (i) the proposed new facility or the expansion orincrease in capacity of the existing facility is consistent with theapplicable local or regional solid waste management plan developed andapproved pursuant to § 10.1-1411; or (ii) the local government or solid wastemanagement planning unit has initiated the process to revise the solid wastemanagement plan to include the new or expanded facility. Inclusion of suchcertification shall be sufficient to allow processing of the permitapplication, up to but not including publication of the draft permit orpermit amendment for public comment, but shall not bind the Director inmaking the determination required by subdivision D 1.
C. Notwithstanding any other provision of law:
1. Every holder of a permit issued under this article who has not earlierfiled a disclosure statement shall, prior to July 1, 1991, file a disclosurestatement with the Director.
2. Every applicant for a permit under this article shall file a disclosurestatement with the Director, together with the permit application or prior toSeptember 1, 1990, whichever comes later. No permit application shall bedeemed incomplete for lack of a disclosure statement prior to September 1,1990.
3. Every applicant shall update its disclosure statement quarterly toindicate any change of condition that renders any portion of the disclosurestatement materially incomplete or inaccurate.
4. The Director, upon request and in his sole discretion, and when in hisjudgment other information is sufficient and available, may waive therequirements of this subsection for a captive industrial waste landfill whensuch requirements would not serve the purposes of this chapter.
D. 1. Except as provided in subdivision D 2, no permit for a new solid wastemanagement facility nor any amendment to a permit allowing facility expansionor an increase in capacity shall be issued until the Director has determined,after an investigation and analysis of the potential human health,environmental, transportation infrastructure, and transportation safetyimpacts and needs and an evaluation of comments by the host local government,other local governments and interested persons, that (i) the proposedfacility, expansion, or increase protects present and future human health andsafety and the environment; (ii) there is a need for the additional capacity;(iii) sufficient infrastructure will exist to safely handle the waste flow;(iv) the increase is consistent with locality-imposed or state-imposed dailydisposal limits; (v) the public interest will be served by the proposedfacility's operation or the expansion or increase in capacity of a facility;and (vi) the proposed solid waste management facility, facility expansion, oradditional capacity is consistent with regional and local solid wastemanagement plans developed pursuant to § 10.1-1411. The Department shall holda public hearing within the said county, city or town prior to the issuanceof any such permit for the management of nonhazardous solid waste.Subdivision D 2, in lieu of this subdivision, shall apply to nonhazardousindustrial solid waste management facilities owned or operated by thegenerator of the waste managed at the facility, and that accept only wastegenerated by the facility owner or operator. The Board shall have theauthority to promulgate regulations to implement this subdivision.
2. No new permit for a nonhazardous industrial solid waste managementfacility that is owned or operated by the generator of the waste managed atthe facility, and that accepts only waste generated by the facility owner oroperator, shall be issued until the Director has determined, afterinvestigation and evaluation of comments by the local government, that theproposed facility poses no substantial present or potential danger to humanhealth or the environment. The Department shall hold a public hearing withinthe county, city or town where the facility is to be located prior to theissuance of any such permit for the management of nonhazardous industrialsolid waste.
E. The permit shall contain such conditions or requirements as are necessaryto comply with the requirements of this Code and the regulations of the Boardand to protect present and future human health and the environment.
The Director may include in any permit such recordkeeping, testing andreporting requirements as are necessary to ensure that the local governingbody of the county, city or town where the waste management facility islocated is kept timely informed regarding the general nature and quantity ofwaste being disposed of at the facility. Such recordkeeping, testing andreporting requirements shall require disclosure of proprietary informationonly as is necessary to carry out the purposes of this chapter. At least onceevery ten years, the Director shall review and issue written findings on theenvironmental compliance history of each permittee, material changes, if any,in key personnel, and technical limitations, standards, or regulations onwhich the original permit was based. The time period for review of eachcategory of permits shall be established by Board regulation. If, upon suchreview, the Director finds that repeated material or substantial violationsof the permittee or material changes in the permittee's key personnel wouldmake continued operation of the facility not in the best interests of humanhealth or the environment, the Director shall amend or revoke the permit, inaccordance herewith. Whenever such review is undertaken, the Director mayamend the permit to include additional limitations, standards, or conditionswhen the technical limitations, standards, or regulations on which theoriginal permit was based have been changed by statute or amended byregulation or when any of the conditions in subsection B of § 10.1-1409exist. The Director may deny, revoke, or suspend any permit for any of thegrounds listed under subsection A of § 10.1-1409.
F. There shall exist no right to operate a landfill or other facility for thedisposal, treatment or storage of nonhazardous solid waste or hazardous wastewithin the Commonwealth. Permits for solid waste management facilities shallnot be transferable except as authorized in regulations promulgated by theBoard. The issuance of a permit shall not convey or establish any propertyrights or any exclusive privilege, nor shall it authorize any injury toprivate property or any invasion of personal rights or any infringement offederal, state, or local law or regulation.
G. No person shall dispose of solid waste in open dumps.
H. No person shall own, operate or allow to be operated on his property anopen dump.
I. No person shall allow waste to be disposed of on his property without apermit. Any person who removes trees, brush, or other vegetation from landused for agricultural or forestal purposes shall not be required to obtain apermit if such material is deposited or placed on the same or other propertyof the same landowner from which such materials were cleared. The Board shallby regulation provide for other reasonable exemptions from permittingrequirements for the disposal of trees, brush and other vegetation when suchmaterials are removed for agricultural or forestal purposes.
When promulgating any regulation pursuant to this section, the Board shallconsider the character of the land affected, the density of population, andthe volume of waste to be disposed, as well as other relevant factors.
J. No permit shall be required pursuant to this section for recycling or fortemporary storage incidental to recycling. As used in this subsection,"recycling" means any process whereby material which would otherwise besolid waste is used or reused, or prepared for use or reuse, as an ingredientin an industrial process to make a product, or as an effective substitute fora commercial product.
K. The Board shall provide for reasonable exemptions from the permittingrequirements, both procedural and substantive, in order to encourage thedevelopment of yard waste composting facilities. To accomplish this, theBoard is authorized to exempt such facilities from regulations governing thetreatment of waste and to establish an expedited approval process.Agricultural operations receiving only yard waste for composting shall beexempt from permitting requirements provided that (i) the composting area islocated not less than 300 feet from a property boundary, is located not lessthan 1,000 feet from an occupied dwelling not located on the same property asthe composting area, and is not located within an area designated as a floodplain as defined in § 10.1-600; (ii) the agricultural operation has at leastone acre of ground suitable to receive yard waste for each 150 cubic yards offinished compost generated; (iii) the total time for the composting processand storage of material that is being composted or has been composted shallnot exceed eighteen months prior to its field application or sale as ahorticultural or agricultural product; and (iv) the owner or operator of theagricultural operation notifies the Director in writing of his intent tooperate a yard waste composting facility and the amount of land available forthe receipt of yard waste. In addition to the requirements set forth inclauses (i) through (iv) of the preceding sentence, the owner and operator ofany agricultural operation that receives more than 6,000 cubic yards of yardwaste generated from property not within the control of the owner or theoperator in any twelve-month period shall be exempt from permittingrequirements provided (i) the owner and operator submit to the Director anannual report describing the volume and types of yard waste received by suchoperation for composting and (ii) the operator shall certify that the yardwaste composting facility complies with local ordinances. The Director shallestablish a procedure for the filing of the notices, annual reports andcertificates required by this subsection and shall prescribe the forms forthe annual reports and certificates. Nothing contained in this article shallprohibit the sale of composted yard waste for horticultural or agriculturaluse, provided that any composted yard waste sold as a commercial fertilizerwith claims of specific nutrient values, promoting plant growth, or ofconditioning soil shall be sold in accordance with Chapter 36 (§ 3.2-3600 etseq.) of Title 3.2. As used in this subsection, "agricultural operation"shall have the same meaning ascribed to it in § 3.2-300.
The operation of a composting facility as provided in this subsection shallnot relieve the owner or operator of such a facility from liability for anyviolation of this chapter.
L. The Board shall provide for reasonable exemptions from the permittingrequirements, both procedural and substantive, in order to encourage thedevelopment of facilities for the decomposition of vegetative waste. Toaccomplish this, the Board shall approve an expedited approval process. Asused in this subsection, the decomposition of vegetative waste means anatural aerobic or anaerobic process, active or passive, which results in thedecay and chemical breakdown of the vegetative waste. Nothing in thissubsection shall be construed to prohibit a city or county from exercisingits existing authority to regulate such facilities by requiring, among otherthings, permits and proof of financial security.
M. In receiving and processing applications for permits required by thissection, the Director shall assign top priority to applications which (i)agree to accept nonhazardous recycling residues and (ii) pledge to chargetipping fees for disposal of nonhazardous recycling residues which do notexceed those charged for nonhazardous municipal solid waste. Applicationsmeeting these requirements shall be acted upon no later than six months afterthey are deemed complete.
N. Every solid waste management facility shall be operated in compliance withthe regulations promulgated by the Board pursuant to this chapter. To theextent consistent with federal law, those facilities which were permittedprior to March 15, 1993, and upon which solid waste has been disposed ofprior to October 9, 1993, may continue to receive solid waste until they havereached their vertical design capacity, provided that the facility is incompliance with the requirements for liners and leachate control in effect atthe time of permit issuance, and further provided that on or before October9, 1993, the owner or operator of the solid waste management facility submitsto the Director:
1. An acknowledgement that the owner or operator is familiar with state andfederal law and regulations pertaining to solid waste management facilitiesoperating after October 9, 1993, including postclosure care, correctiveaction and financial responsibility requirements;
2. A statement signed by a registered professional engineer that he hasreviewed the regulations established by the Department for solid wastemanagement facilities, including the open dump criteria contained therein;that he has inspected the facility and examined the monitoring data compiledfor the facility in accordance with applicable regulations; and that, on thebasis of his inspection and review, he has concluded that: (i) the facilityis not an open dump, (ii) the facility does not pose a substantial present orpotential hazard to human health and the environment, and (iii) the leachateor residues from the facility do not pose a threat of contamination orpollution of the air, surface water or ground water in a manner constitutingan open dump or resulting in a substantial present or potential hazard tohuman health or the environment; and
3. A statement signed by the owner or operator (i) that the facility complieswith applicable financial assurance regulations and (ii) estimating when thefacility will reach its vertical design capacity.
The facility may not be enlarged prematurely to avoid compliance with stateor federal regulations when such enlargement is not consistent with pastoperating practices, the permit or modified operating practices to ensuregood management.
Facilities which are authorized by this subsection to accept waste fordisposal beyond the waste boundaries existing on October 9, 1993, shall be asfollows:
Category 1: Nonhazardous industrial waste facilities that are located onproperty owned or controlled by the generator of the waste disposed of in thefacility;
Category 2: Nonhazardous industrial waste facilities other than those thatare located on property owned or controlled by the generator of the wastedisposed of in the facility, provided that the facility accepts onlyindustrial waste streams which the facility has lawfully accepted prior toJuly 1, 1995, or other nonhazardous industrial waste as approved by theDepartment on a case-by-case basis; and
Category 3: Facilities that accept only construction-demolition-debris wasteas defined in the Board's regulations.
The Director may prohibit or restrict the disposal of waste in facilitiesdescribed in this subsection which contains hazardous constituents as definedin applicable regulations which, in the opinion of the Director, would pose asubstantial risk to health or the environment. Facilities described incategory 3 may expand laterally beyond the waste disposal boundaries existingon October 9, 1993, provided that there is first installed, in such expandedareas, liners and leachate control systems meeting the applicable performancerequirements of the Board's regulations, or a demonstration is made to thesatisfaction of the Director that such facilities satisfy the applicablevariance criteria in the Board's regulations.
Owners or operators of facilities which are authorized under this subsectionto accept waste for disposal beyond the waste boundaries existing on October9, 1993, shall ensure that such expanded disposal areas maintain setbackdistances applicable to such facilities under the Board's current regulationsand local ordinances. Prior to the expansion of any facility described incategory 2 or 3, the owner or operator shall provide the Director withwritten notice of the proposed expansion at least sixty days prior tocommencement of construction. The notice shall include recent groundwatermonitoring data sufficient to determine that the facility does not pose athreat of contamination of groundwater in a manner constituting an open dumpor creating a substantial present or potential hazard to human health or theenvironment. The Director shall evaluate the data included with thenotification and may advise the owner or operator of any additionalrequirements that may be necessary to ensure compliance with applicable lawsand prevent a substantial present or potential hazard to health or theenvironment.
Facilities, or portions thereof, which have reached their vertical designcapacity shall be closed in compliance with regulations promulgated by theBoard.
Nothing in this subsection shall alter any requirement for groundwatermonitoring, financial responsibility, operator certification, closure,postclosure care, operation, maintenance or corrective action imposed understate or federal law or regulation, or impair the powers of the Directorpursuant to § 10.1-1409.
O. Portions of a permitted solid waste management facility used solely forthe storage of household hazardous waste may store household hazardous wastefor a period not to exceed one year, provided that such wastes are properlycontained and are segregated to prevent mixing of incompatible wastes.
P. Any permit for a new municipal solid waste landfill, and any permitamendment authorizing expansion of an existing municipal solid wastelandfill, shall incorporate conditions to require that capacity in thelandfill will be available to localities within the Commonwealth that chooseto contract for and reserve such capacity for disposal of such localities'solid waste in accordance with solid waste management plans developed by suchlocalities pursuant to § 10.1-1411. This provision shall not apply to permitapplications from one or more political subdivisions for new landfills orexpanded landfills that will only accept municipal solid waste generatedwithin the political subdivision or subdivisions' jurisdiction or municipalsolid waste generated within other political subdivisions pursuant to aninterjurisdictional agreement.
Q. No application for coverage under a permit-by-rule or for modification ofcoverage under a permit-by-rule shall be complete unless it containscertification from the governing body of the locality in which the facilityis to be located that the facility is consistent with the solid wastemanagement plan developed and approved in accordance with § 10.1-1411.
(1988, cc. 696, 891; 1989, c. 623; 1990, cc. 360, 781, 919; 1992, c. 286;1993, cc. 214, 469, 476, 496; 1994, c. 614; 1995, c. 442; 1996, c. 236; 1997,c. 875; 1999, cc. 580, 584, 611, 613, 947; 2000, cc. 420, 422; 2006, c. 62;2007, c. 23.)
§ 10.1-1408.1. Permit required; open dumps prohibited.
A. No person shall operate any sanitary landfill or other facility for thedisposal, treatment or storage of nonhazardous solid waste without a permitfrom the Director.
B. No application for (i) a new solid waste management facility permit or(ii) application for a permit amendment or variance allowing a category 2landfill, as defined in this section, to expand or increase in capacity shallbe complete unless it contains the following:
1. Certification from the governing body of the county, city or town in whichthe facility is to be located that the location and operation of the facilityare consistent with all applicable ordinances. The governing body shallinform the applicant and the Department of the facility's compliance ornoncompliance not more than 120 days from receipt of a request from theapplicant. No such certification shall be required for the application forthe renewal of a permit or transfer of a permit as authorized by regulationsof the Board;
2. A disclosure statement, except that the Director, upon request and in hissole discretion, and when in his judgment other information is sufficient andavailable, may waive the requirement for a disclosure statement for a captiveindustrial landfill when such a statement would not serve the purposes ofthis chapter;
3. If the applicant proposes to locate the facility on property not governedby any county, city or town zoning ordinance, certification from thegoverning body that it has held a public hearing, in accordance with theapplicable provisions of § 15.2-2204, to receive public comment on theproposed facility. Such certification shall be provided to the applicant andthe Department within 120 days from receipt of a request from the applicant;
4. If the applicant proposes to operate a new sanitary landfill or transferstation, a statement, including a description of the steps taken by theapplicant to seek the comments of the residents of the area where thesanitary landfill or transfer station is proposed to be located, regardingthe siting and operation of the proposed sanitary landfill or transferstation. The public comment steps shall be taken prior to filing with theDepartment the notice of intent to apply for a permit for the sanitarylandfill or transfer station as required by the Department's solid wastemanagement regulations. The public comment steps shall include publication ofa public notice once a week for two consecutive weeks in a newspaper ofgeneral circulation serving the locality where the sanitary landfill ortransfer station is proposed to be located and holding at least one publicmeeting within the locality to identify issues of concern, to facilitatecommunication and to establish a dialogue between the applicant and personswho may be affected by the issuance of a permit for the sanitary landfill ortransfer station. The public notice shall include a statement of theapplicant's intent to apply for a permit to operate the proposed sanitarylandfill or transfer station, the proposed sanitary landfill or transferstation site location, the date, time and location of the public meeting theapplicant will hold and the name, address and telephone number of a personemployed by the applicant, who can be contacted by interested persons toanswer questions or receive comments on the siting and operation of theproposed sanitary landfill or transfer station. The first publication of thepublic notice shall be at least fourteen days prior to the public meetingdate.
The provisions of this subdivision shall not apply to applicants for a permitto operate a new captive industrial landfill or a newconstruction-demolition-debris landfill;
5. If the applicant is a local government or public authority that proposesto operate a new municipal sanitary landfill or transfer station, astatement, including a description of the steps taken by the applicant toseek the comments of the residents of the area where the sanitary landfill ortransfer station is proposed to be located, regarding the siting andoperation of the proposed sanitary landfill or transfer station. The publiccomment steps shall be taken prior to filing with the Department the noticeof intent to apply for a permit for the sanitary landfill or transfer stationas required by the Department's solid waste management regulations. Thepublic comment steps shall include the formation of a citizens' advisorygroup to assist the locality or public authority with the selection of aproposed site for the sanitary landfill or transfer station, publication of apublic notice once a week for two consecutive weeks in a newspaper of generalcirculation serving the locality where the sanitary landfill or transferstation is proposed to be located, and holding at least one public meetingwithin the locality to identify issues of concern, to facilitatecommunication and to establish a dialogue between the applicant and personswho may be affected by the issuance of a permit for the sanitary landfill ortransfer station. The public notice shall include a statement of theapplicant's intent to apply for a permit to operate the proposed sanitarylandfill or transfer station, the proposed sanitary landfill or transferstation site location, the date, time and location of the public meeting theapplicant will hold and the name, address and telephone number of a personemployed by the applicant, who can be contacted by interested persons toanswer questions or receive comments on the siting and operation of theproposed sanitary landfill or transfer station. The first publication of thepublic notice shall be at least fourteen days prior to the public meetingdate. For local governments that have zoning ordinances, such public commentsteps as required under §§ 15.2-2204 and 15.2-2285 shall satisfy the publiccomment requirements for public hearings and public notice as required underthis section. Any applicant which is a local government or public authoritythat proposes to operate a new transfer station on land where a municipalsanitary landfill is already located shall be exempt from the public commentrequirements for public hearing and public notice otherwise required underthis section;
6. If the application is for a new municipal solid waste landfill or for anexpansion of an existing municipal solid waste landfill, a statement, signedby the applicant, guaranteeing that sufficient disposal capacity will beavailable in the facility to enable localities within the Commonwealth tocomply with solid waste management plans developed pursuant to § 10.1-1411,and certifying that such localities will be allowed to contract for and toreserve disposal capacity in the facility. This provision shall not apply topermit applications from one or more political subdivisions for new landfillsor expanded landfills that will only accept municipal solid waste generatedwithin those political subdivisions' jurisdiction or municipal solid wastegenerated within other political subdivisions pursuant to aninterjurisdictional agreement;
7. If the application is for a new municipal solid waste landfill or for anexpansion of an existing municipal solid waste landfill, certification fromthe governing body of the locality in which the facility would be locatedthat a host agreement has been reached between the applicant and thegoverning body unless the governing body or a public service authority ofwhich the governing body is a member would be the owner and operator of thelandfill. The agreement shall, at a minimum, have provisions covering (i) theamount of financial compensation the applicant will provide the hostlocality, (ii) daily travel routes and traffic volumes, (iii) the dailydisposal limit, and (iv) the anticipated service area of the facility. Thehost agreement shall contain a provision that the applicant will pay the fullcost of at least one full-time employee of the locality whose responsibilityit will be to monitor and inspect waste transportation and disposal practicesin the locality. The host agreement shall also provide that the applicantshall, when requested by the host locality, split air and water samples sothat the host locality may independently test the sample, with all associatedcosts paid for by the applicant. All such sampling results shall be providedto the Department. For purposes of this subdivision, "host agreement" meansany lease, contract, agreement or land use permit entered into or issued bythe locality in which the landfill is situated which includes terms orconditions governing the operation of the landfill;
8. If the application is for a locality-owned and locality-operated newmunicipal solid waste landfill or for an expansion of an existing suchmunicipal solid waste landfill, information on the anticipated (i) dailytravel routes and traffic volumes, (ii) daily disposal limit, and (iii)service area of the facility; and
9. If the application is for a new solid waste management facility permit orfor modification of a permit to allow an existing solid waste managementfacility to expand or increase its capacity, the application shall includecertification from the governing body for the locality in which the facilityis or will be located that: (i) the proposed new facility or the expansion orincrease in capacity of the existing facility is consistent with theapplicable local or regional solid waste management plan developed andapproved pursuant to § 10.1-1411; or (ii) the local government or solid wastemanagement planning unit has initiated the process to revise the solid wastemanagement plan to include the new or expanded facility. Inclusion of suchcertification shall be sufficient to allow processing of the permitapplication, up to but not including publication of the draft permit orpermit amendment for public comment, but shall not bind the Director inmaking the determination required by subdivision D 1.
C. Notwithstanding any other provision of law:
1. Every holder of a permit issued under this article who has not earlierfiled a disclosure statement shall, prior to July 1, 1991, file a disclosurestatement with the Director.
2. Every applicant for a permit under this article shall file a disclosurestatement with the Director, together with the permit application or prior toSeptember 1, 1990, whichever comes later. No permit application shall bedeemed incomplete for lack of a disclosure statement prior to September 1,1990.
3. Every applicant shall update its disclosure statement quarterly toindicate any change of condition that renders any portion of the disclosurestatement materially incomplete or inaccurate.
4. The Director, upon request and in his sole discretion, and when in hisjudgment other information is sufficient and available, may waive therequirements of this subsection for a captive industrial waste landfill whensuch requirements would not serve the purposes of this chapter.
D. 1. Except as provided in subdivision D 2, no permit for a new solid wastemanagement facility nor any amendment to a permit allowing facility expansionor an increase in capacity shall be issued until the Director has determined,after an investigation and analysis of the potential human health,environmental, transportation infrastructure, and transportation safetyimpacts and needs and an evaluation of comments by the host local government,other local governments and interested persons, that (i) the proposedfacility, expansion, or increase protects present and future human health andsafety and the environment; (ii) there is a need for the additional capacity;(iii) sufficient infrastructure will exist to safely handle the waste flow;(iv) the increase is consistent with locality-imposed or state-imposed dailydisposal limits; (v) the public interest will be served by the proposedfacility's operation or the expansion or increase in capacity of a facility;and (vi) the proposed solid waste management facility, facility expansion, oradditional capacity is consistent with regional and local solid wastemanagement plans developed pursuant to § 10.1-1411. The Department shall holda public hearing within the said county, city or town prior to the issuanceof any such permit for the management of nonhazardous solid waste.Subdivision D 2, in lieu of this subdivision, shall apply to nonhazardousindustrial solid waste management facilities owned or operated by thegenerator of the waste managed at the facility, and that accept only wastegenerated by the facility owner or operator. The Board shall have theauthority to promulgate regulations to implement this subdivision.
2. No new permit for a nonhazardous industrial solid waste managementfacility that is owned or operated by the generator of the waste managed atthe facility, and that accepts only waste generated by the facility owner oroperator, shall be issued until the Director has determined, afterinvestigation and evaluation of comments by the local government, that theproposed facility poses no substantial present or potential danger to humanhealth or the environment. The Department shall hold a public hearing withinthe county, city or town where the facility is to be located prior to theissuance of any such permit for the management of nonhazardous industrialsolid waste.
E. The permit shall contain such conditions or requirements as are necessaryto comply with the requirements of this Code and the regulations of the Boardand to protect present and future human health and the environment.
The Director may include in any permit such recordkeeping, testing andreporting requirements as are necessary to ensure that the local governingbody of the county, city or town where the waste management facility islocated is kept timely informed regarding the general nature and quantity ofwaste being disposed of at the facility. Such recordkeeping, testing andreporting requirements shall require disclosure of proprietary informationonly as is necessary to carry out the purposes of this chapter. At least onceevery ten years, the Director shall review and issue written findings on theenvironmental compliance history of each permittee, material changes, if any,in key personnel, and technical limitations, standards, or regulations onwhich the original permit was based. The time period for review of eachcategory of permits shall be established by Board regulation. If, upon suchreview, the Director finds that repeated material or substantial violationsof the permittee or material changes in the permittee's key personnel wouldmake continued operation of the facility not in the best interests of humanhealth or the environment, the Director shall amend or revoke the permit, inaccordance herewith. Whenever such review is undertaken, the Director mayamend the permit to include additional limitations, standards, or conditionswhen the technical limitations, standards, or regulations on which theoriginal permit was based have been changed by statute or amended byregulation or when any of the conditions in subsection B of § 10.1-1409exist. The Director may deny, revoke, or suspend any permit for any of thegrounds listed under subsection A of § 10.1-1409.
F. There shall exist no right to operate a landfill or other facility for thedisposal, treatment or storage of nonhazardous solid waste or hazardous wastewithin the Commonwealth. Permits for solid waste management facilities shallnot be transferable except as authorized in regulations promulgated by theBoard. The issuance of a permit shall not convey or establish any propertyrights or any exclusive privilege, nor shall it authorize any injury toprivate property or any invasion of personal rights or any infringement offederal, state, or local law or regulation.
G. No person shall dispose of solid waste in open dumps.
H. No person shall own, operate or allow to be operated on his property anopen dump.
I. No person shall allow waste to be disposed of on his property without apermit. Any person who removes trees, brush, or other vegetation from landused for agricultural or forestal purposes shall not be required to obtain apermit if such material is deposited or placed on the same or other propertyof the same landowner from which such materials were cleared. The Board shallby regulation provide for other reasonable exemptions from permittingrequirements for the disposal of trees, brush and other vegetation when suchmaterials are removed for agricultural or forestal purposes.
When promulgating any regulation pursuant to this section, the Board shallconsider the character of the land affected, the density of population, andthe volume of waste to be disposed, as well as other relevant factors.
J. No permit shall be required pursuant to this section for recycling or fortemporary storage incidental to recycling. As used in this subsection,"recycling" means any process whereby material which would otherwise besolid waste is used or reused, or prepared for use or reuse, as an ingredientin an industrial process to make a product, or as an effective substitute fora commercial product.
K. The Board shall provide for reasonable exemptions from the permittingrequirements, both procedural and substantive, in order to encourage thedevelopment of yard waste composting facilities. To accomplish this, theBoard is authorized to exempt such facilities from regulations governing thetreatment of waste and to establish an expedited approval process.Agricultural operations receiving only yard waste for composting shall beexempt from permitting requirements provided that (i) the composting area islocated not less than 300 feet from a property boundary, is located not lessthan 1,000 feet from an occupied dwelling not located on the same property asthe composting area, and is not located within an area designated as a floodplain as defined in § 10.1-600; (ii) the agricultural operation has at leastone acre of ground suitable to receive yard waste for each 150 cubic yards offinished compost generated; (iii) the total time for the composting processand storage of material that is being composted or has been composted shallnot exceed eighteen months prior to its field application or sale as ahorticultural or agricultural product; and (iv) the owner or operator of theagricultural operation notifies the Director in writing of his intent tooperate a yard waste composting facility and the amount of land available forthe receipt of yard waste. In addition to the requirements set forth inclauses (i) through (iv) of the preceding sentence, the owner and operator ofany agricultural operation that receives more than 6,000 cubic yards of yardwaste generated from property not within the control of the owner or theoperator in any twelve-month period shall be exempt from permittingrequirements provided (i) the owner and operator submit to the Director anannual report describing the volume and types of yard waste received by suchoperation for composting and (ii) the operator shall certify that the yardwaste composting facility complies with local ordinances. The Director shallestablish a procedure for the filing of the notices, annual reports andcertificates required by this subsection and shall prescribe the forms forthe annual reports and certificates. Nothing contained in this article shallprohibit the sale of composted yard waste for horticultural or agriculturaluse, provided that any composted yard waste sold as a commercial fertilizerwith claims of specific nutrient values, promoting plant growth, or ofconditioning soil shall be sold in accordance with Chapter 36 (§ 3.2-3600 etseq.) of Title 3.2. As used in this subsection, "agricultural operation"shall have the same meaning ascribed to it in § 3.2-300.
The operation of a composting facility as provided in this subsection shallnot relieve the owner or operator of such a facility from liability for anyviolation of this chapter.
L. The Board shall provide for reasonable exemptions from the permittingrequirements, both procedural and substantive, in order to encourage thedevelopment of facilities for the decomposition of vegetative waste. Toaccomplish this, the Board shall approve an expedited approval process. Asused in this subsection, the decomposition of vegetative waste means anatural aerobic or anaerobic process, active or passive, which results in thedecay and chemical breakdown of the vegetative waste. Nothing in thissubsection shall be construed to prohibit a city or county from exercisingits existing authority to regulate such facilities by requiring, among otherthings, permits and proof of financial security.
M. In receiving and processing applications for permits required by thissection, the Director shall assign top priority to applications which (i)agree to accept nonhazardous recycling residues and (ii) pledge to chargetipping fees for disposal of nonhazardous recycling residues which do notexceed those charged for nonhazardous municipal solid waste. Applicationsmeeting these requirements shall be acted upon no later than six months afterthey are deemed complete.
N. Every solid waste management facility shall be operated in compliance withthe regulations promulgated by the Board pursuant to this chapter. To theextent consistent with federal law, those facilities which were permittedprior to March 15, 1993, and upon which solid waste has been disposed ofprior to October 9, 1993, may continue to receive solid waste until they havereached their vertical design capacity, provided that the facility is incompliance with the requirements for liners and leachate control in effect atthe time of permit issuance, and further provided that on or before October9, 1993, the owner or operator of the solid waste management facility submitsto the Director:
1. An acknowledgement that the owner or operator is familiar with state andfederal law and regulations pertaining to solid waste management facilitiesoperating after October 9, 1993, including postclosure care, correctiveaction and financial responsibility requirements;
2. A statement signed by a registered professional engineer that he hasreviewed the regulations established by the Department for solid wastemanagement facilities, including the open dump criteria contained therein;that he has inspected the facility and examined the monitoring data compiledfor the facility in accordance with applicable regulations; and that, on thebasis of his inspection and review, he has concluded that: (i) the facilityis not an open dump, (ii) the facility does not pose a substantial present orpotential hazard to human health and the environment, and (iii) the leachateor residues from the facility do not pose a threat of contamination orpollution of the air, surface water or ground water in a manner constitutingan open dump or resulting in a substantial present or potential hazard tohuman health or the environment; and
3. A statement signed by the owner or operator (i) that the facility complieswith applicable financial assurance regulations and (ii) estimating when thefacility will reach its vertical design capacity.
The facility may not be enlarged prematurely to avoid compliance with stateor federal regulations when such enlargement is not consistent with pastoperating practices, the permit or modified operating practices to ensuregood management.
Facilities which are authorized by this subsection to accept waste fordisposal beyond the waste boundaries existing on October 9, 1993, shall be asfollows:
Category 1: Nonhazardous industrial waste facilities that are located onproperty owned or controlled by the generator of the waste disposed of in thefacility;
Category 2: Nonhazardous industrial waste facilities other than those thatare located on property owned or controlled by the generator of the wastedisposed of in the facility, provided that the facility accepts onlyindustrial waste streams which the facility has lawfully accepted prior toJuly 1, 1995, or other nonhazardous industrial waste as approved by theDepartment on a case-by-case basis; and
Category 3: Facilities that accept only construction-demolition-debris wasteas defined in the Board's regulations.
The Director may prohibit or restrict the disposal of waste in facilitiesdescribed in this subsection which contains hazardous constituents as definedin applicable regulations which, in the opinion of the Director, would pose asubstantial risk to health or the environment. Facilities described incategory 3 may expand laterally beyond the waste disposal boundaries existingon October 9, 1993, provided that there is first installed, in such expandedareas, liners and leachate control systems meeting the applicable performancerequirements of the Board's regulations, or a demonstration is made to thesatisfaction of the Director that such facilities satisfy the applicablevariance criteria in the Board's regulations.
Owners or operators of facilities which are authorized under this subsectionto accept waste for disposal beyond the waste boundaries existing on October9, 1993, shall ensure that such expanded disposal areas maintain setbackdistances applicable to such facilities under the Board's current regulationsand local ordinances. Prior to the expansion of any facility described incategory 2 or 3, the owner or operator shall provide the Director withwritten notice of the proposed expansion at least sixty days prior tocommencement of construction. The notice shall include recent groundwatermonitoring data sufficient to determine that the facility does not pose athreat of contamination of groundwater in a manner constituting an open dumpor creating a substantial present or potential hazard to human health or theenvironment. The Director shall evaluate the data included with thenotification and may advise the owner or operator of any additionalrequirements that may be necessary to ensure compliance with applicable lawsand prevent a substantial present or potential hazard to health or theenvironment.
Facilities, or portions thereof, which have reached their vertical designcapacity shall be closed in compliance with regulations promulgated by theBoard.
Nothing in this subsection shall alter any requirement for groundwatermonitoring, financial responsibility, operator certification, closure,postclosure care, operation, maintenance or corrective action imposed understate or federal law or regulation, or impair the powers of the Directorpursuant to § 10.1-1409.
O. Portions of a permitted solid waste management facility used solely forthe storage of household hazardous waste may store household hazardous wastefor a period not to exceed one year, provided that such wastes are properlycontained and are segregated to prevent mixing of incompatible wastes.
P. Any permit for a new municipal solid waste landfill, and any permitamendment authorizing expansion of an existing municipal solid wastelandfill, shall incorporate conditions to require that capacity in thelandfill will be available to localities within the Commonwealth that chooseto contract for and reserve such capacity for disposal of such localities'solid waste in accordance with solid waste management plans developed by suchlocalities pursuant to § 10.1-1411. This provision shall not apply to permitapplications from one or more political subdivisions for new landfills orexpanded landfills that will only accept municipal solid waste generatedwithin the political subdivision or subdivisions' jurisdiction or municipalsolid waste generated within other political subdivisions pursuant to aninterjurisdictional agreement.
Q. No application for coverage under a permit-by-rule or for modification ofcoverage under a permit-by-rule shall be complete unless it containscertification from the governing body of the locality in which the facilityis to be located that the facility is consistent with the solid wastemanagement plan developed and approved in accordance with § 10.1-1411.
(1988, cc. 696, 891; 1989, c. 623; 1990, cc. 360, 781, 919; 1992, c. 286;1993, cc. 214, 469, 476, 496; 1994, c. 614; 1995, c. 442; 1996, c. 236; 1997,c. 875; 1999, cc. 580, 584, 611, 613, 947; 2000, cc. 420, 422; 2006, c. 62;2007, c. 23.)
§ 10.1-1408.1. Permit required; open dumps prohibited.
A. No person shall operate any sanitary landfill or other facility for thedisposal, treatment or storage of nonhazardous solid waste without a permitfrom the Director.
B. No application for (i) a new solid waste management facility permit or(ii) application for a permit amendment or variance allowing a category 2landfill, as defined in this section, to expand or increase in capacity shallbe complete unless it contains the following:
1. Certification from the governing body of the county, city or town in whichthe facility is to be located that the location and operation of the facilityare consistent with all applicable ordinances. The governing body shallinform the applicant and the Department of the facility's compliance ornoncompliance not more than 120 days from receipt of a request from theapplicant. No such certification shall be required for the application forthe renewal of a permit or transfer of a permit as authorized by regulationsof the Board;
2. A disclosure statement, except that the Director, upon request and in hissole discretion, and when in his judgment other information is sufficient andavailable, may waive the requirement for a disclosure statement for a captiveindustrial landfill when such a statement would not serve the purposes ofthis chapter;
3. If the applicant proposes to locate the facility on property not governedby any county, city or town zoning ordinance, certification from thegoverning body that it has held a public hearing, in accordance with theapplicable provisions of § 15.2-2204, to receive public comment on theproposed facility. Such certification shall be provided to the applicant andthe Department within 120 days from receipt of a request from the applicant;
4. If the applicant proposes to operate a new sanitary landfill or transferstation, a statement, including a description of the steps taken by theapplicant to seek the comments of the residents of the area where thesanitary landfill or transfer station is proposed to be located, regardingthe siting and operation of the proposed sanitary landfill or transferstation. The public comment steps shall be taken prior to filing with theDepartment the notice of intent to apply for a permit for the sanitarylandfill or transfer station as required by the Department's solid wastemanagement regulations. The public comment steps shall include publication ofa public notice once a week for two consecutive weeks in a newspaper ofgeneral circulation serving the locality where the sanitary landfill ortransfer station is proposed to be located and holding at least one publicmeeting within the locality to identify issues of concern, to facilitatecommunication and to establish a dialogue between the applicant and personswho may be affected by the issuance of a permit for the sanitary landfill ortransfer station. The public notice shall include a statement of theapplicant's intent to apply for a permit to operate the proposed sanitarylandfill or transfer station, the proposed sanitary landfill or transferstation site location, the date, time and location of the public meeting theapplicant will hold and the name, address and telephone number of a personemployed by the applicant, who can be contacted by interested persons toanswer questions or receive comments on the siting and operation of theproposed sanitary landfill or transfer station. The first publication of thepublic notice shall be at least fourteen days prior to the public meetingdate.
The provisions of this subdivision shall not apply to applicants for a permitto operate a new captive industrial landfill or a newconstruction-demolition-debris landfill;
5. If the applicant is a local government or public authority that proposesto operate a new municipal sanitary landfill or transfer station, astatement, including a description of the steps taken by the applicant toseek the comments of the residents of the area where the sanitary landfill ortransfer station is proposed to be located, regarding the siting andoperation of the proposed sanitary landfill or transfer station. The publiccomment steps shall be taken prior to filing with the Department the noticeof intent to apply for a permit for the sanitary landfill or transfer stationas required by the Department's solid waste management regulations. Thepublic comment steps shall include the formation of a citizens' advisorygroup to assist the locality or public authority with the selection of aproposed site for the sanitary landfill or transfer station, publication of apublic notice once a week for two consecutive weeks in a newspaper of generalcirculation serving the locality where the sanitary landfill or transferstation is proposed to be located, and holding at least one public meetingwithin the locality to identify issues of concern, to facilitatecommunication and to establish a dialogue between the applicant and personswho may be affected by the issuance of a permit for the sanitary landfill ortransfer station. The public notice shall include a statement of theapplicant's intent to apply for a permit to operate the proposed sanitarylandfill or transfer station, the proposed sanitary landfill or transferstation site location, the date, time and location of the public meeting theapplicant will hold and the name, address and telephone number of a personemployed by the applicant, who can be contacted by interested persons toanswer questions or receive comments on the siting and operation of theproposed sanitary landfill or transfer station. The first publication of thepublic notice shall be at least fourteen days prior to the public meetingdate. For local governments that have zoning ordinances, such public commentsteps as required under §§ 15.2-2204 and 15.2-2285 shall satisfy the publiccomment requirements for public hearings and public notice as required underthis section. Any applicant which is a local government or public authoritythat proposes to operate a new transfer station on land where a municipalsanitary landfill is already located shall be exempt from the public commentrequirements for public hearing and public notice otherwise required underthis section;
6. If the application is for a new municipal solid waste landfill or for anexpansion of an existing municipal solid waste landfill, a statement, signedby the applicant, guaranteeing that sufficient disposal capacity will beavailable in the facility to enable localities within the Commonwealth tocomply with solid waste management plans developed pursuant to § 10.1-1411,and certifying that such localities will be allowed to contract for and toreserve disposal capacity in the facility. This provision shall not apply topermit applications from one or more political subdivisions for new landfillsor expanded landfills that will only accept municipal solid waste generatedwithin those political subdivisions' jurisdiction or municipal solid wastegenerated within other political subdivisions pursuant to aninterjurisdictional agreement;
7. If the application is for a new municipal solid waste landfill or for anexpansion of an existing municipal solid waste landfill, certification fromthe governing body of the locality in which the facility would be locatedthat a host agreement has been reached between the applicant and thegoverning body unless the governing body or a public service authority ofwhich the governing body is a member would be the owner and operator of thelandfill. The agreement shall, at a minimum, have provisions covering (i) theamount of financial compensation the applicant will provide the hostlocality, (ii) daily travel routes and traffic volumes, (iii) the dailydisposal limit, and (iv) the anticipated service area of the facility. Thehost agreement shall contain a provision that the applicant will pay the fullcost of at least one full-time employee of the locality whose responsibilityit will be to monitor and inspect waste transportation and disposal practicesin the locality. The host agreement shall also provide that the applicantshall, when requested by the host locality, split air and water samples sothat the host locality may independently test the sample, with all associatedcosts paid for by the applicant. All such sampling results shall be providedto the Department. For purposes of this subdivision, "host agreement" meansany lease, contract, agreement or land use permit entered into or issued bythe locality in which the landfill is situated which includes terms orconditions governing the operation of the landfill;
8. If the application is for a locality-owned and locality-operated newmunicipal solid waste landfill or for an expansion of an existing suchmunicipal solid waste landfill, information on the anticipated (i) dailytravel routes and traffic volumes, (ii) daily disposal limit, and (iii)service area of the facility; and
9. If the application is for a new solid waste management facility permit orfor modification of a permit to allow an existing solid waste managementfacility to expand or increase its capacity, the application shall includecertification from the governing body for the locality in which the facilityis or will be located that: (i) the proposed new facility or the expansion orincrease in capacity of the existing facility is consistent with theapplicable local or regional solid waste management plan developed andapproved pursuant to § 10.1-1411; or (ii) the local government or solid wastemanagement planning unit has initiated the process to revise the solid wastemanagement plan to include the new or expanded facility. Inclusion of suchcertification shall be sufficient to allow processing of the permitapplication, up to but not including publication of the draft permit orpermit amendment for public comment, but shall not bind the Director inmaking the determination required by subdivision D 1.
C. Notwithstanding any other provision of law:
1. Every holder of a permit issued under this article who has not earlierfiled a disclosure statement shall, prior to July 1, 1991, file a disclosurestatement with the Director.
2. Every applicant for a permit under this article shall file a disclosurestatement with the Director, together with the permit application or prior toSeptember 1, 1990, whichever comes later. No permit application shall bedeemed incomplete for lack of a disclosure statement prior to September 1,1990.
3. Every applicant shall update its disclosure statement quarterly toindicate any change of condition that renders any portion of the disclosurestatement materially incomplete or inaccurate.
4. The Director, upon request and in his sole discretion, and when in hisjudgment other information is sufficient and available, may waive therequirements of this subsection for a captive industrial waste landfill whensuch requirements would not serve the purposes of this chapter.
D. 1. Except as provided in subdivision D 2, no permit for a new solid wastemanagement facility nor any amendment to a permit allowing facility expansionor an increase in capacity shall be issued until the Director has determined,after an investigation and analysis of the potential human health,environmental, transportation infrastructure, and transportation safetyimpacts and needs and an evaluation of comments by the host local government,other local governments and interested persons, that (i) the proposedfacility, expansion, or increase protects present and future human health andsafety and the environment; (ii) there is a need for the additional capacity;(iii) sufficient infrastructure will exist to safely handle the waste flow;(iv) the increase is consistent with locality-imposed or state-imposed dailydisposal limits; (v) the public interest will be served by the proposedfacility's operation or the expansion or increase in capacity of a facility;and (vi) the proposed solid waste management facility, facility expansion, oradditional capacity is consistent with regional and local solid wastemanagement plans developed pursuant to § 10.1-1411. The Department shall holda public hearing within the said county, city or town prior to the issuanceof any such permit for the management of nonhazardous solid waste.Subdivision D 2, in lieu of this subdivision, shall apply to nonhazardousindustrial solid waste management facilities owned or operated by thegenerator of the waste managed at the facility, and that accept only wastegenerated by the facility owner or operator. The Board shall have theauthority to promulgate regulations to implement this subdivision.
2. No new permit for a nonhazardous industrial solid waste managementfacility that is owned or operated by the generator of the waste managed atthe facility, and that accepts only waste generated by the facility owner oroperator, shall be issued until the Director has determined, afterinvestigation and evaluation of comments by the local government, that theproposed facility poses no substantial present or potential danger to humanhealth or the environment. The Department shall hold a public hearing withinthe county, city or town where the facility is to be located prior to theissuance of any such permit for the management of nonhazardous industrialsolid waste.
E. The permit shall contain such conditions or requirements as are necessaryto comply with the requirements of this Code and the regulations of the Boardand to protect present and future human health and the environment.
The Director may include in any permit such recordkeeping, testing andreporting requirements as are necessary to ensure that the local governingbody of the county, city or town where the waste management facility islocated is kept timely informed regarding the general nature and quantity ofwaste being disposed of at the facility. Such recordkeeping, testing andreporting requirements shall require disclosure of proprietary informationonly as is necessary to carry out the purposes of this chapter. At least onceevery ten years, the Director shall review and issue written findings on theenvironmental compliance history of each permittee, material changes, if any,in key personnel, and technical limitations, standards, or regulations onwhich the original permit was based. The time period for review of eachcategory of permits shall be established by Board regulation. If, upon suchreview, the Director finds that repeated material or substantial violationsof the permittee or material changes in the permittee's key personnel wouldmake continued operation of the facility not in the best interests of humanhealth or the environment, the Director shall amend or revoke the permit, inaccordance herewith. Whenever such review is undertaken, the Director mayamend the permit to include additional limitations, standards, or conditionswhen the technical limitations, standards, or regulations on which theoriginal permit was based have been changed by statute or amended byregulation or when any of the conditions in subsection B of § 10.1-1409exist. The Director may deny, revoke, or suspend any permit for any of thegrounds listed under subsection A of § 10.1-1409.
F. There shall exist no right to operate a landfill or other facility for thedisposal, treatment or storage of nonhazardous solid waste or hazardous wastewithin the Commonwealth. Permits for solid waste management facilities shallnot be transferable except as authorized in regulations promulgated by theBoard. The issuance of a permit shall not convey or establish any propertyrights or any exclusive privilege, nor shall it authorize any injury toprivate property or any invasion of personal rights or any infringement offederal, state, or local law or regulation.
G. No person shall dispose of solid waste in open dumps.
H. No person shall own, operate or allow to be operated on his property anopen dump.
I. No person shall allow waste to be disposed of on his property without apermit. Any person who removes trees, brush, or other vegetation from landused for agricultural or forestal purposes shall not be required to obtain apermit if such material is deposited or placed on the same or other propertyof the same landowner from which such materials were cleared. The Board shallby regulation provide for other reasonable exemptions from permittingrequirements for the disposal of trees, brush and other vegetation when suchmaterials are removed for agricultural or forestal purposes.
When promulgating any regulation pursuant to this section, the Board shallconsider the character of the land affected, the density of population, andthe volume of waste to be disposed, as well as other relevant factors.
J. No permit shall be required pursuant to this section for recycling or fortemporary storage incidental to recycling. As used in this subsection,"recycling" means any process whereby material which would otherwise besolid waste is used or reused, or prepared for use or reuse, as an ingredientin an industrial process to make a product, or as an effective substitute fora commercial product.
K. The Board shall provide for reasonable exemptions from the permittingrequirements, both procedural and substantive, in order to encourage thedevelopment of yard waste composting facilities. To accomplish this, theBoard is authorized to exempt such facilities from regulations governing thetreatment of waste and to establish an expedited approval process.Agricultural operations receiving only yard waste for composting shall beexempt from permitting requirements provided that (i) the composting area islocated not less than 300 feet from a property boundary, is located not lessthan 1,000 feet from an occupied dwelling not located on the same property asthe composting area, and is not located within an area designated as a floodplain as defined in § 10.1-600; (ii) the agricultural operation has at leastone acre of ground suitable to receive yard waste for each 150 cubic yards offinished compost generated; (iii) the total time for the composting processand storage of material that is being composted or has been composted shallnot exceed eighteen months prior to its field application or sale as ahorticultural or agricultural product; and (iv) the owner or operator of theagricultural operation notifies the Director in writing of his intent tooperate a yard waste composting facility and the amount of land available forthe receipt of yard waste. In addition to the requirements set forth inclauses (i) through (iv) of the preceding sentence, the owner and operator ofany agricultural operation that receives more than 6,000 cubic yards of yardwaste generated from property not within the control of the owner or theoperator in any twelve-month period shall be exempt from permittingrequirements provided (i) the owner and operator submit to the Director anannual report describing the volume and types of yard waste received by suchoperation for composting and (ii) the operator shall certify that the yardwaste composting facility complies with local ordinances. The Director shallestablish a procedure for the filing of the notices, annual reports andcertificates required by this subsection and shall prescribe the forms forthe annual reports and certificates. Nothing contained in this article shallprohibit the sale of composted yard waste for horticultural or agriculturaluse, provided that any composted yard waste sold as a commercial fertilizerwith claims of specific nutrient values, promoting plant growth, or ofconditioning soil shall be sold in accordance with Chapter 36 (§ 3.2-3600 etseq.) of Title 3.2. As used in this subsection, "agricultural operation"shall have the same meaning ascribed to it in § 3.2-300.
The operation of a composting facility as provided in this subsection shallnot relieve the owner or operator of such a facility from liability for anyviolation of this chapter.
L. The Board shall provide for reasonable exemptions from the permittingrequirements, both procedural and substantive, in order to encourage thedevelopment of facilities for the decomposition of vegetative waste. Toaccomplish this, the Board shall approve an expedited approval process. Asused in this subsection, the decomposition of vegetative waste means anatural aerobic or anaerobic process, active or passive, which results in thedecay and chemical breakdown of the vegetative waste. Nothing in thissubsection shall be construed to prohibit a city or county from exercisingits existing authority to regulate such facilities by requiring, among otherthings, permits and proof of financial security.
M. In receiving and processing applications for permits required by thissection, the Director shall assign top priority to applications which (i)agree to accept nonhazardous recycling residues and (ii) pledge to chargetipping fees for disposal of nonhazardous recycling residues which do notexceed those charged for nonhazardous municipal solid waste. Applicationsmeeting these requirements shall be acted upon no later than six months afterthey are deemed complete.
N. Every solid waste management facility shall be operated in compliance withthe regulations promulgated by the Board pursuant to this chapter. To theextent consistent with federal law, those facilities which were permittedprior to March 15, 1993, and upon which solid waste has been disposed ofprior to October 9, 1993, may continue to receive solid waste until they havereached their vertical design capacity, provided that the facility is incompliance with the requirements for liners and leachate control in effect atthe time of permit issuance, and further provided that on or before October9, 1993, the owner or operator of the solid waste management facility submitsto the Director:
1. An acknowledgement that the owner or operator is familiar with state andfederal law and regulations pertaining to solid waste management facilitiesoperating after October 9, 1993, including postclosure care, correctiveaction and financial responsibility requirements;
2. A statement signed by a registered professional engineer that he hasreviewed the regulations established by the Department for solid wastemanagement facilities, including the open dump criteria contained therein;that he has inspected the facility and examined the monitoring data compiledfor the facility in accordance with applicable regulations; and that, on thebasis of his inspection and review, he has concluded that: (i) the facilityis not an open dump, (ii) the facility does not pose a substantial present orpotential hazard to human health and the environment, and (iii) the leachateor residues from the facility do not pose a threat of contamination orpollution of the air, surface water or ground water in a manner constitutingan open dump or resulting in a substantial present or potential hazard tohuman health or the environment; and
3. A statement signed by the owner or operator (i) that the facility complieswith applicable financial assurance regulations and (ii) estimating when thefacility will reach its vertical design capacity.
The facility may not be enlarged prematurely to avoid compliance with stateor federal regulations when such enlargement is not consistent with pastoperating practices, the permit or modified operating practices to ensuregood management.
Facilities which are authorized by this subsection to accept waste fordisposal beyond the waste boundaries existing on October 9, 1993, shall be asfollows:
Category 1: Nonhazardous industrial waste facilities that are located onproperty owned or controlled by the generator of the waste disposed of in thefacility;
Category 2: Nonhazardous industrial waste facilities other than those thatare located on property owned or controlled by the generator of the wastedisposed of in the facility, provided that the facility accepts onlyindustrial waste streams which the facility has lawfully accepted prior toJuly 1, 1995, or other nonhazardous industrial waste as approved by theDepartment on a case-by-case basis; and
Category 3: Facilities that accept only construction-demolition-debris wasteas defined in the Board's regulations.
The Director may prohibit or restrict the disposal of waste in facilitiesdescribed in this subsection which contains hazardous constituents as definedin applicable regulations which, in the opinion of the Director, would pose asubstantial risk to health or the environment. Facilities described incategory 3 may expand laterally beyond the waste disposal boundaries existingon October 9, 1993, provided that there is first installed, in such expandedareas, liners and leachate control systems meeting the applicable performancerequirements of the Board's regulations, or a demonstration is made to thesatisfaction of the Director that such facilities satisfy the applicablevariance criteria in the Board's regulations.
Owners or operators of facilities which are authorized under this subsectionto accept waste for disposal beyond the waste boundaries existing on October9, 1993, shall ensure that such expanded disposal areas maintain setbackdistances applicable to such facilities under the Board's current regulationsand local ordinances. Prior to the expansion of any facility described incategory 2 or 3, the owner or operator shall provide the Director withwritten notice of the proposed expansion at least sixty days prior tocommencement of construction. The notice shall include recent groundwatermonitoring data sufficient to determine that the facility does not pose athreat of contamination of groundwater in a manner constituting an open dumpor creating a substantial present or potential hazard to human health or theenvironment. The Director shall evaluate the data included with thenotification and may advise the owner or operator of any additionalrequirements that may be necessary to ensure compliance with applicable lawsand prevent a substantial present or potential hazard to health or theenvironment.
Facilities, or portions thereof, which have reached their vertical designcapacity shall be closed in compliance with regulations promulgated by theBoard.
Nothing in this subsection shall alter any requirement for groundwatermonitoring, financial responsibility, operator certification, closure,postclosure care, operation, maintenance or corrective action imposed understate or federal law or regulation, or impair the powers of the Directorpursuant to § 10.1-1409.
O. Portions of a permitted solid waste management facility used solely forthe storage of household hazardous waste may store household hazardous wastefor a period not to exceed one year, provided that such wastes are properlycontained and are segregated to prevent mixing of incompatible wastes.
P. Any permit for a new municipal solid waste landfill, and any permitamendment authorizing expansion of an existing municipal solid wastelandfill, shall incorporate conditions to require that capacity in thelandfill will be available to localities within the Commonwealth that chooseto contract for and reserve such capacity for disposal of such localities'solid waste in accordance with solid waste management plans developed by suchlocalities pursuant to § 10.1-1411. This provision shall not apply to permitapplications from one or more political subdivisions for new landfills orexpanded landfills that will only accept municipal solid waste generatedwithin the political subdivision or subdivisions' jurisdiction or municipalsolid waste generated within other political subdivisions pursuant to aninterjurisdictional agreement.
Q. No application for coverage under a permit-by-rule or for modification ofcoverage under a permit-by-rule shall be complete unless it containscertification from the governing body of the locality in which the facilityis to be located that the facility is consistent with the solid wastemanagement plan developed and approved in accordance with § 10.1-1411.
(1988, cc. 696, 891; 1989, c. 623; 1990, cc. 360, 781, 919; 1992, c. 286;1993, cc. 214, 469, 476, 496; 1994, c. 614; 1995, c. 442; 1996, c. 236; 1997,c. 875; 1999, cc. 580, 584, 611, 613, 947; 2000, cc. 420, 422; 2006, c. 62;2007, c. 23.)
