§ 10.1-1427. Revocation, suspension or amendment of permits.
A. Any permit issued by the Director pursuant to this article may be revoked,amended or suspended on any of the following grounds or on such other groundsas may be provided by the regulations of the Board:
1. The permit holder has violated any regulation or order of the Board, anycondition of a permit, any provision of this chapter, or any order of acourt, where such violation (i) results in a release of harmful substancesinto the environment, (ii) poses a threat of release of harmful substancesinto the environment, (iii) presents a hazard to human health, or (iv) isrepresentative of a pattern of serious or repeated violations which, in theopinion of the Director, demonstrates the permittee's disregard for orinability to comply with applicable laws, regulations or requirements;
2. The person to whom the permit was issued abandons, sells, leases or ceasesto operate the facility permitted;
3. The facilities used in the transportation, storage, treatment or disposalof hazardous waste are operated, located, constructed or maintained in such amanner as to pose a substantial present or potential hazard to human healthor the environment, including pollution of air, land, surface water or groundwater;
4. Such protective construction or equipment as is found to be reasonable,technologically feasible and necessary to prevent substantial present orpotential hazard to human health and welfare or the environment has not beeninstalled at a facility used for the storage, treatment or disposal of ahazardous waste; or
5. Any key personnel have been convicted of any of the following crimespunishable as felonies under the laws of the Commonwealth or the equivalentthereof under the laws of any other jurisdiction: murder; kidnapping;gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theftand related crimes; forgery and fraudulent practices; fraud in the offering,sale, or purchase of securities; alteration of motor vehicle identificationnumbers; unlawful manufacture, purchase, use or transfer of firearms;unlawful possession or use of destructive devices or explosives; violation ofthe Drug Control Act (§ 54.1-3400 et seq.); racketeering; violation ofantitrust laws; or has been adjudged by an administrative agency or a courtof competent jurisdiction to have violated the environmental protection lawsof the United States, the Commonwealth, or any other state and the Directordetermines that such conviction or adjudication is sufficiently probative ofthe applicant's inability or unwillingness to operate the facility in alawful manner, as to warrant denial, revocation, amendment or suspension ofthe 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 suchactivities;
d. Whether the applicant has substantially complied with all rules,regulations, permits, orders and statutes applicable to the applicant'sactivities in Virginia;
e. Whether the applicant has implemented formal management control tominimize and prevent the occurrence of such violations; and
f. Mitigation based upon demonstration of good behavior by the applicantincluding, without limitation, prompt payment of damages, cooperation withinvestigations, termination of employment or other relationship with keypersonnel or other persons responsible for the violations or otherdemonstrations of good behavior by the applicant that the Director findsrelevant to his decision.
B. The Director may amend or attach conditions to a permit when:
1. There is a significant change in the manner and scope of operation whichmay require new or additional permit conditions or safeguards to protect thepublic health and environment;
2. There is found to be a possibility of pollution causing significantadverse effects on the air, land, surface water or ground water;
3. Investigation has shown the need for additional equipment, construction,procedures and testing to ensure the protection of the public health and theenvironment from significant adverse effects; or
4. The amendment is necessary to meet changes in applicable regulatoryrequirements.
C. If the Director finds that hazardous wastes are no longer being stored,treated or disposed of at a facility in accordance with Board regulations,the Director may revoke the permit issued for such facility or, as acondition to granting or continuing in effect a permit, may require theperson to whom the permit was issued to provide perpetual care andsurveillance of the facility.
(1986, c. 492, § 10-280; 1988, c. 891; 1992, c. 463.)
§ 10.1-1427. Revocation, suspension or amendment of permits.
A. Any permit issued by the Director pursuant to this article may be revoked,amended or suspended on any of the following grounds or on such other groundsas may be provided by the regulations of the Board:
1. The permit holder has violated any regulation or order of the Board, anycondition of a permit, any provision of this chapter, or any order of acourt, where such violation (i) results in a release of harmful substancesinto the environment, (ii) poses a threat of release of harmful substancesinto the environment, (iii) presents a hazard to human health, or (iv) isrepresentative of a pattern of serious or repeated violations which, in theopinion of the Director, demonstrates the permittee's disregard for orinability to comply with applicable laws, regulations or requirements;
2. The person to whom the permit was issued abandons, sells, leases or ceasesto operate the facility permitted;
3. The facilities used in the transportation, storage, treatment or disposalof hazardous waste are operated, located, constructed or maintained in such amanner as to pose a substantial present or potential hazard to human healthor the environment, including pollution of air, land, surface water or groundwater;
4. Such protective construction or equipment as is found to be reasonable,technologically feasible and necessary to prevent substantial present orpotential hazard to human health and welfare or the environment has not beeninstalled at a facility used for the storage, treatment or disposal of ahazardous waste; or
5. Any key personnel have been convicted of any of the following crimespunishable as felonies under the laws of the Commonwealth or the equivalentthereof under the laws of any other jurisdiction: murder; kidnapping;gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theftand related crimes; forgery and fraudulent practices; fraud in the offering,sale, or purchase of securities; alteration of motor vehicle identificationnumbers; unlawful manufacture, purchase, use or transfer of firearms;unlawful possession or use of destructive devices or explosives; violation ofthe Drug Control Act (§ 54.1-3400 et seq.); racketeering; violation ofantitrust laws; or has been adjudged by an administrative agency or a courtof competent jurisdiction to have violated the environmental protection lawsof the United States, the Commonwealth, or any other state and the Directordetermines that such conviction or adjudication is sufficiently probative ofthe applicant's inability or unwillingness to operate the facility in alawful manner, as to warrant denial, revocation, amendment or suspension ofthe 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 suchactivities;
d. Whether the applicant has substantially complied with all rules,regulations, permits, orders and statutes applicable to the applicant'sactivities in Virginia;
e. Whether the applicant has implemented formal management control tominimize and prevent the occurrence of such violations; and
f. Mitigation based upon demonstration of good behavior by the applicantincluding, without limitation, prompt payment of damages, cooperation withinvestigations, termination of employment or other relationship with keypersonnel or other persons responsible for the violations or otherdemonstrations of good behavior by the applicant that the Director findsrelevant to his decision.
B. The Director may amend or attach conditions to a permit when:
1. There is a significant change in the manner and scope of operation whichmay require new or additional permit conditions or safeguards to protect thepublic health and environment;
2. There is found to be a possibility of pollution causing significantadverse effects on the air, land, surface water or ground water;
3. Investigation has shown the need for additional equipment, construction,procedures and testing to ensure the protection of the public health and theenvironment from significant adverse effects; or
4. The amendment is necessary to meet changes in applicable regulatoryrequirements.
C. If the Director finds that hazardous wastes are no longer being stored,treated or disposed of at a facility in accordance with Board regulations,the Director may revoke the permit issued for such facility or, as acondition to granting or continuing in effect a permit, may require theperson to whom the permit was issued to provide perpetual care andsurveillance of the facility.
(1986, c. 492, § 10-280; 1988, c. 891; 1992, c. 463.)
§ 10.1-1427. Revocation, suspension or amendment of permits.
A. Any permit issued by the Director pursuant to this article may be revoked,amended or suspended on any of the following grounds or on such other groundsas may be provided by the regulations of the Board:
1. The permit holder has violated any regulation or order of the Board, anycondition of a permit, any provision of this chapter, or any order of acourt, where such violation (i) results in a release of harmful substancesinto the environment, (ii) poses a threat of release of harmful substancesinto the environment, (iii) presents a hazard to human health, or (iv) isrepresentative of a pattern of serious or repeated violations which, in theopinion of the Director, demonstrates the permittee's disregard for orinability to comply with applicable laws, regulations or requirements;
2. The person to whom the permit was issued abandons, sells, leases or ceasesto operate the facility permitted;
3. The facilities used in the transportation, storage, treatment or disposalof hazardous waste are operated, located, constructed or maintained in such amanner as to pose a substantial present or potential hazard to human healthor the environment, including pollution of air, land, surface water or groundwater;
4. Such protective construction or equipment as is found to be reasonable,technologically feasible and necessary to prevent substantial present orpotential hazard to human health and welfare or the environment has not beeninstalled at a facility used for the storage, treatment or disposal of ahazardous waste; or
5. Any key personnel have been convicted of any of the following crimespunishable as felonies under the laws of the Commonwealth or the equivalentthereof under the laws of any other jurisdiction: murder; kidnapping;gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theftand related crimes; forgery and fraudulent practices; fraud in the offering,sale, or purchase of securities; alteration of motor vehicle identificationnumbers; unlawful manufacture, purchase, use or transfer of firearms;unlawful possession or use of destructive devices or explosives; violation ofthe Drug Control Act (§ 54.1-3400 et seq.); racketeering; violation ofantitrust laws; or has been adjudged by an administrative agency or a courtof competent jurisdiction to have violated the environmental protection lawsof the United States, the Commonwealth, or any other state and the Directordetermines that such conviction or adjudication is sufficiently probative ofthe applicant's inability or unwillingness to operate the facility in alawful manner, as to warrant denial, revocation, amendment or suspension ofthe 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 suchactivities;
d. Whether the applicant has substantially complied with all rules,regulations, permits, orders and statutes applicable to the applicant'sactivities in Virginia;
e. Whether the applicant has implemented formal management control tominimize and prevent the occurrence of such violations; and
f. Mitigation based upon demonstration of good behavior by the applicantincluding, without limitation, prompt payment of damages, cooperation withinvestigations, termination of employment or other relationship with keypersonnel or other persons responsible for the violations or otherdemonstrations of good behavior by the applicant that the Director findsrelevant to his decision.
B. The Director may amend or attach conditions to a permit when:
1. There is a significant change in the manner and scope of operation whichmay require new or additional permit conditions or safeguards to protect thepublic health and environment;
2. There is found to be a possibility of pollution causing significantadverse effects on the air, land, surface water or ground water;
3. Investigation has shown the need for additional equipment, construction,procedures and testing to ensure the protection of the public health and theenvironment from significant adverse effects; or
4. The amendment is necessary to meet changes in applicable regulatoryrequirements.
C. If the Director finds that hazardous wastes are no longer being stored,treated or disposed of at a facility in accordance with Board regulations,the Director may revoke the permit issued for such facility or, as acondition to granting or continuing in effect a permit, may require theperson to whom the permit was issued to provide perpetual care andsurveillance of the facility.
(1986, c. 492, § 10-280; 1988, c. 891; 1992, c. 463.)
