Current through Register Vol. 41, No. 3, September 23, 2024
The Operation and Maintenance Manual shall contain the
following information:
1. Housekeeping
and recordkeeping procedures, on-site traffic control, schedules for waste
loading and unloading, wastewater and storm water collections, odor control,
noise control, and methods of enforcement of traffic flow plans for the waste
transfer vehicles;
2. A description
of the basic operation and maintenance measures adopted by the receiving
facility to implement the requirements of
9VAC20-170-90 and
9VAC20-170-100; and
3. A Response and Mitigation Plan. The plan
shall include the following information:
a.
Name of the facility, geographic location on the applicable 7.5 minute USGS
quadrangle map, and the access routes to the facility by road and
water;
b. Name of the facility
operators and owners, including address and telephone number;
c. A physical description of the facility
consisting of a plan of the facility which identifies the waste loading and
unloading areas, staging areas, cranes, wharves, roadways, pollution control
devices, diversionary structures within the facility boundary, and adjacent
easements and leased property;
d. A
complete listing, including 24-hour numbers, of all federal, state and local
agencies, to be notified in the event of a deposit of wastes to state waters or
adjoining shorelines due to any facility operation or failure of the integrity
of the containers. This listing shall include the appropriate department
regional office, the National Response Center, the cleanup contractor as
identified under subdivision 3 g of this section, the emergency coordinator of
the local jurisdiction, the local office of the state Health Department and any
federal or state wildlife or natural resource authority or private natural
resource management entity whose reserves could be affected by the incident
described in
9VAC20-170-100 H. This list shall
also include the adjacent property owners;
e. The position title of the individuals
responsible for making the required notifications and a copy of the
notification check-off list;
f. The
position title, address and phone number of the individuals authorized to act
on behalf of the owner or operator to initiate containment and cleanup actions
and ensure compliance with all applicable federal, state and local
requirements. These individuals shall be available on a 24-hour basis to ensure
the appropriate containment and cleanup actions are undertaken;
g. Identification and assurance by contract
or other means acceptable to the department of the availability of the facility
and/or private personnel and equipment necessary to contain and cleanup the
worst case circumstance. This contract or agreement shall ensure a certain
response within the shortest feasible time. The department will accept a letter
of understanding between the operator and the response contractors which
attests to this capability being readily available. Membership in a cleanup
cooperative or other response organization is also acceptable. A listing of
contractor or cooperative capabilities, including an inventory of the on-site
and off-site equipment, and means to conduct a monitoring program to assess the
effects of the incident, shall be included;
h. Assessment of the worst case circumstance,
including measures to limit the dispersion of floating and sinking wastes as
well as those wastes that are miscible in water, the recovery strategy,
disposal plan and monitoring plan. For the purpose of this chapter, the worst
case circumstance is (i) the instantaneous release of the contents of the
maximum number of waste handling containers that may be on site at any given
time and (ii) the instantaneous release of the contents of the maximum number
of waste handling containers that may be on a barge traveling to the facility
which is deposited into state waters. Facilities shall take into consideration
the types of wastes that may be solid wastes or regulated medical wastes; the
forms of wastes that may be solid, liquid, semisolid or contained gaseous
materials; and the dispersion of the wastes due to downstream flow or tidal
influences within 72 hours of the event;
i. Identification and location of natural
resources at risk due to the worst case circumstance listed in subdivision 3 h
of this section. These resources are, but are not limited to, all surface
waters as indicated on the applicable USGS quadrangle maps, groundwater, public
and agricultural water supplies, public and private water wells and springs,
state or federal wildlife management areas, wildlife refuges, public or private
management areas, sanctuaries, shoreline habitats, wetlands, property listed on
the National Register of Historic Places and property listed on the National
Register of Natural Landmarks. The identification shall include priorities for
protection, the means of protecting these resources and respective monitoring
programs to ensure protection and recovery of these resources and their
beneficial uses; and
j.
Identification of risks to human health due to the worst case circumstance
listed in subdivision 3 h of this section. These risks shall include water
borne and air borne pathogens; alterations of the physical, chemical or
biological properties of the affected waters that would deny or prevent full
beneficial uses of these waters; and the impairment or destruction of
commercial or recreational fisheries, including shellfish. The identification
shall include priorities of the risks and means of notification of closure of
affected areas, if necessary. The facility shall provide for the monitoring and
restoration of the affected areas in cooperation with the local emergency
coordinator, health department and fisheries regulatory agencies.
§§ 10.1-1402 and 10.1-1454.1 of the Code of
Virginia.