Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION
Part II - Initiation of Certification Process
Section 9VAC20-40-50 - Requirement of certification and waiver
Universal Citation: 9 VA Admin Code 20-40-50
Current through Register Vol. 41, No. 3, September 23, 2024
A. No person shall construct or commence construction of a hazardous waste facility without first obtaining a certification of site approval by the board in the manner prescribed here.
An owner or operator of a facility may submit a notice of intent as prescribed in 9VAC20-40-60 or submit a request for a waiver from the procedures established in the Act and this chapter.
B. Upon receiving a written request from the owner or operator of a facility, the board may grant a waiver upon such conditions as it may determine, provided that the proposed changes to the facility are designed to:
1.
Prevent a threat to human health or the environment because of an emergency
situation;
2. Comply with federal
or state laws and regulations promulgated after July 1, 1984; or
3. Demonstrably result in safer or
environmentally more acceptable processes.
C. The waiver provisions of this chapter shall apply to existing facilities when construction is defined to be:
1. The alteration or expansion of existing
structures or facilities to initially accommodate hazardous waste;
2. Any expansion of more than 50% of the area
or capacity of an existing hazardous waste facility; or
3. Any change in the design or process of a
hazardous waste facility that will result in a substantially different type of
facility or will cause the facility to be reclassified as a higher numbered
category.
D. Emergency situation.
1. Scope of waiver. The owner or
operator of a facility may be permitted to make changes which are designed to
prevent a threat to human health or the environment because of an emergency
situation.
2. Applying for waiver.
The owner or operator of the facility may obtain verbal approval from the
director effective for a period up to 30 days, unless revised by the board at
its next regular meeting, and, in addition, must submit the request for waiver
in writing to the director. The request at a minimum must contain the following
information:
a. The name and address of the
owner or operator or both of the facility;
b. Location of the facility and a description
of its operation;
c. Description of
the circumstances creating the emergency situation;
d. Description of the resulting threat to
human health or the environment or both;
e. Description of the changes to be made in
the facility; and
f. Efforts to
restore the facility to original conditions of certification after emergency
conditions are abated.
3. The waiver. Upon receipt of the request,
the director will grant or deny the request for waiver. In the event the
director grants the request for waiver, such waiver is subject to the approval
of the board at its next regularly scheduled meeting. If the director denies
the request, the applicant may renew the request at the next regularly
scheduled meeting of the board.
E. State or federal laws; more acceptable process.
1. Scope of waiver. The owner or
operator of a facility may be permitted to make changes which are designed to
comply with state or federal laws enacted or regulations promulgated after July
1, 1984, or changes which demonstrably result in safer or environmentally more
acceptable processes.
2. Applying
for waiver. The owner or operator of the facility must make the request in
writing to the director. At a minimum the request must contain the following
information:
a. Name and address of the owner
or operator of the facility;
b.
Location of the facility and a description of its operation; and
c. Either:
(1) A copy of the state or federal law or
regulation necessitating the change, if applicable, and a description of the
changes to be made in the facility to effect compliance with the law or
regulation; or
(2) A description of
the changes the owner or operator wishes to make and an analysis demonstrating
the improved safety or environmental soundness resulting from the
changes.
3.
The waiver. At its next regularly scheduled meeting, the board will consider
the request for waiver. The owner or operator or his representative should
attend the meeting. At the meeting the board may:
a. Grant the request for waiver;
b. Deny the request for waiver;
c. Determine that additional information is
needed from the owner or operator;
d. Decide that a public hearing is needed;
or
e. Take any other action the
board deems appropriate.
4. Should the board decide to hold a public
hearing, it will also determine from among the following who will conduct the
hearing: a member or members of the board, the director, or both, or a hearing
officer appointed from outside the board. The director will give notice of the
hearing to the same parties and in the same manner as described in
9VAC20-40-60 C, regarding
distribution of the notice of intent. The owner or operator shall provide the
director with a list of the names and addresses of all owners of property
adjoining the facility. The notice of the hearing shall specify the date, time,
and location of the hearing and include a copy of the request for
waiver.
Statutory Authority: §§ 10.1-1434 and 10.1-1436 of the Code of Virginia.
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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