Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 130 - SOLID WASTE PLANNING AND RECYCLING REGULATIONS
Section 9VAC20-130-175 - Amendments to plans
Universal Citation: 9 VA Admin Code 20-130-175
Current through Register Vol. 41, No. 3, September 23, 2024
A. Amendments to the plans shall be classified as major or minor as described in this section .
B. Major amendments.
1. Major amendments shall include:
a. Any addition, deletion, or cessation of
operation of any solid waste disposal facility;
b. Any increase in landfill
capacity;
c. Any change that moves
toward implementation of a waste management strategy that is lower in the waste
management hierarchy;
d. Action
plans, including an action plan to address a planning unit's recycling rate
that has fallen below the statutory minimum; or
e. Any change to membership in the approved
area. Director approval of changes to planning unit boundaries, as described in
9VAC20-130-100, shall
occur prior to submission of solid waste plan amendments to revise plan
membership.
2. Major
amendments shall require the same public participation as detailed in
9VAC20-130-130
B before being submitted, by mail or electronic mail, to the department for
approval prior to implementation.
3. The department shall review major
amendments and approve or return comments on any deficiencies no later than 90
days from the date the amendments are received. In the event the department is
unable to complete its review within 90 days, the applicant will be notified
and given a date as to when the review will be completed. No department
approval shall be necessary for minor amendments.
4. Each submitter who receives comments on
his major plan amendment under subdivision B 3 of this section shall submit a
corrected amendment to the department no later than 90 days following
notification of deficiencies.
5.
Major amendments approved without alteration shall become effective upon
notification. If after review of the corrected amendment submitted pursuant to
subdivision B 4 of this section, the department cannot approve the corrected
amendment because it finds the amendment not to be in accordance with this
chapter, it will issue a notice of intent to disapprove to the submitter. The
notice of intent to disapprove shall set forth (i) the reason for the
disapproval, (ii) what is required for approval, and (iii) the right of the
submitter to an informal fact-finding proceeding under Chapter 40 (§
2.2-4000 et
seq.) of Title 2.2 of the Code of Virginia. The department will give priority
consideration for review of corrected amendments when the planning unit has a
pending permit application for a solid waste management facility.
C. Minor amendments.
1. Minor amendments shall include:
a. Any addition, deletion, or cessation of
operation of any facility that is not a solid waste disposal
facility;
b. Any change that moves
toward implementation of a waste management strategy that is higher in the
waste management hierarchy; or
c.
Any nonsubstantive administrative change such as a change in name.
2. Minor amendments shall be
submitted, by mail or electronic mail, directly to the department for notation.
The planning units are the repository for the minor amendments to the
plans.
Statutory Authority: § 10.1-1411 of the Code of Virginia; 42 USC § 6942(b) ; 40 CFR Parts 255 and 256.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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