Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 50 - HAZARDOUS WASTE FACILITY SITING CRITERIA
Part II - Siting Criteria
Article 4 - Siting Limitations
Section 9VAC20-50-80 - Site criteria
Universal Citation: 9 VA Admin Code 9VAC20-50-80
Current through Register Vol. 41, No. 3, September 23, 2024
The board, in making its determination to site a facility, conditionally or otherwise, or to deny an application to site a hazardous waste facility, will consider the criteria listed below in relation to the type of hazardous waste facility to be sited.
A. Limitations.
1. Water quality surface and groundwater.
a. The water resources of the state should be
afforded the maximum protection reasonably possible. A major accident or
leakage at a hazardous waste facility could lead to degradation of surface and
groundwater in the vicinity of the facility. The degradation of the surface and
groundwater could create a significant hazard to public health. Siting of a
facility must take into account water quality problems which may result from
the operation of the facility. The board will consider the following water
quality characteristics and other factors determined appropriate for the type
of facility:
(1) The proximity of the facility
to surface and groundwaters, including aquifer recharge areas.
(2) The existing quality and current and
future use of the surface and groundwaters.
(3) The risk to public health and the
environment.
b. Category
limits.
(1) Surface waters of the state are
protected from point source and non-point sources of contamination by existing
federal and state laws as administered by the State Water Control Board, the
Virginia Department of Environmental Quality, and other agencies.
(2) Existing groundwater quality is to be
protected from degradation based on the board's Anti-Degradation Goal for
Groundwater and the provisions set forth in this section.
The board may require information on the following groundwater quality characteristics and other factors determined appropriate for Category I facilities. This information shall be provided for all other categories.
(a) Site
geology/geohydrology;
(b) Depth to
aquifers and thickness of overburden;
(c) Presence of fractures and faults, joints,
solution cavities;
(d) Thickness of
soil/saprolite layer;
(e) Present
and potential aquifer use;
(f)
Aquifer recharge/productivity;
(g)
Proximity to sensitive receptors;
(h) Aquifers hydraulic characteristics:
(i) Hydraulic conductivity,
(ii) Transmissivity,
(iii) Storage coefficient,
(iv) Head distribution;
(i) Cation/anion exchange capacity.
And all other site characteristics requested.
For all systems and supplies, more restrictive limitations of other state agencies shall apply.
2.
Community/noncommunity water system and supply surface water.
a. A hazardous waste facility should not be
sited so that a community/noncommunity water system and supply of surface water
would be jeopardized by the construction, operation, and close-out of the
facility.
b. Category limits.
(1) Category I, II, or III facilities may be
sited in proximity to a community/noncommunity drinking water system and supply
of surface water if the construction, operation, and close-out of the proposed
facility do not pose an unreasonable risk to the community/noncommunity water
system and supply of surface water and the applicant demonstrates that the
facility is designed and will be constructed, operated, and closed-out in a
manner which will protect the public water system and supply of surface water
from contamination by spills at the facility and demonstrates that spill
containment at the facility is adequate to contain all spills. (See definition
of "Proximity to a community/noncommunity water system and supply of surface
water.")
(2) A category IV or V
facility shall not be sited in proximity to a community/noncommunity water
system and supply of surface water.
3. Community/noncommunity water system and
supply groundwater.
a. The degradation of a
community/noncommunity water system and supply of groundwater may create a
significant hazard to public health. All community/noncommunity public water
systems and supplies of groundwater should be adequately protected from the
threat of degradation from a hazardous waste facility.
b. Category limits.
(1) Category I, II, and III facilities may be
sited in proximity to a community/noncommunity water system and supply of
groundwater if the construction, operation, and close-out of the proposed
facility do not pose an unreasonable risk to the community/noncommunity water
system and supply of groundwater and the applicant demonstrates that the
facility is designed and will be constructed, operated, and closed-out in a
manner which will protect the community/noncommunity water system and supply of
groundwater from degradation by spills at the facility and demonstrates that
spill containment at the facility is adequate to contain all spills. (See
definition of "Proximity to a community/noncommunity water system and supply of
groundwater.")
(2) Category IV and
V hazardous waste facilities shall not be sited in proximity to any
community/noncommunity water system and supply of groundwater.
4. Private water system
and supply surface and groundwater.
a. A
private water system and supply of surface and groundwater should be protected
from the threat of degradation from a hazardous waste facility.
b. Category limits.
(1) Category I, II or III facilities may be
sited in proximity to a private water system and supply of surface or
groundwater if the construction, operation, and close-out of the proposed
facility do not pose an unreasonable risk to the private water system and
supply of surface and groundwater and the applicant demonstrates that the
facility is designed, and will be constructed, operated, and closed-out in a
manner which will protect the private water system and supply of surface and
groundwater from degradation by spills at the facility and demonstrates that
spill containment at the facility is adequate to contain all spills.
(2) Category IV and V facilities may be sited
in proximity to a private water system and supply of surface or groundwater if
the applicant demonstrates that a reasonable alternative drinking water supply
to the existing drinking water supply is available and provides financial
resources to develop the alternative supply should it become necessary due to
degradation of the existing water supply resulting from a spill or leaks from
the facility.
Water quality and geohydrologic studies as provided in 9VAC20-50-80 A 1 shall be conducted to reveal the potential for siting impacts and to indicate the level of risk associated with the proposed facility.
5. Air quality.
a. Siting of a facility must take into
account air quality problems which may result from the operation of the
facility or accidental fires and explosions which may occur. The board shall
consider potential air quality problems which may occur as the result of
historical or estimated meteorological conditions and to what extent such
respective problems and conditions will affect neighboring communities. In
considering air quality the board will consider the following characteristics
and other factors determined appropriate for the type of facility:
(1) The characteristics (stability) of the
atmosphere which affect the site;
(2) The population, present and projected, in
relation to the facility and prevailing wind;
(3) Characteristics of the wind.
b. Category I-V facilities may be
sited if the construction and operation of the proposed facility do not pose an
unacceptable risk to public health and the applicant demonstrates that the
facility is designed and will be constructed, operated and maintained in a
manner which will protect the public health during normal operation or in the
event of accidental releases.
6. Commercial port facilities.
a. An accident at a hazardous waste storage
facility at a commercial port facility could result in immediate contamination
of surface water and create a significant risk to public health and safety.
Additional consideration should be given to storage facilities for hazardous
waste at commercial port facilities based on the special risks posed.
b. Category I facilities for the temporary
storage of hazardous wastes destined for import, export or ocean incineration,
which are sited at port facilities specifically designed for commercial
shipping, may be allowed if those facilities are designed for the storage of
hazardous wastes and have been designed and will be constructed to withstand
the 100-year flood and the flood of record at the port facility.
7. Endangered and threatened
species habitat.
a. The board shall focus on
adverse impacts of the facility on endangered and threatened species or
critical habitat for wildlife generally and the extent to which mitigation
measures can be effectively implemented.
b. A hazardous waste facility shall not be
sited in locations where the siting, construction and operation of the proposed
facility would occupy or threaten the known habitat or an endangered or
threatened plant, insect, fish or wildlife species to the extent that the
continued existence of the species is threatened.
8. Proximity to publicly designated areas.
a. Areas which are designated by federal,
state and local governments for their exceptional characteristics are of
special importance. These areas should be protected from unwarranted intrusion
by the siting of hazardous waste facilities which could destroy the character,
or use and enjoyment, and thus their objective, or their designation. The
following categories are listed for their natural, scenic, historic, cultural
and aesthetic values:
(1) Historic, cultural
and natural sites and landmarks;
(2) The corridors of outstanding resource
waters (wild, scenic and recreational);
(3) Publicly owned forest areas;
(4) Dedicated or designated open
space;
(5) Public recreational
areas;
(6) The Appalachian Trail or
other federal and state designated trails;
(7) Wildlife refuges, fish hatcheries and
game lands; and
(8) Scenic
views.
b. Potential
impacts of the proposed facility on the natural, scenic, historic, cultural and
aesthetic values of the environment will be evaluated. The applicant must
demonstrate that the construction and operation of the proposed facility will
not impair the environmental and aesthetic qualities of the area. Distance from
the publicly designated area to the facility will be taken into
consideration.
9.
Subsurface mining areas.
a. Areas where
mineral resources of a solid, gaseous or liquid form have been removed by
underground mining or drilling procedures or at the time of submission of the
notice of intent are planned for removal are vulnerable to subsidence. Strong
consideration should be given to the potential threat to the integrity of a
proposed facility as a consequence of mining-related subsidence.
b. Category limits.
(1) Category I, II, and III facilities may be
allowed in subsurface mining areas as defined in this chapter provided the
applicant demonstrates that the facility is designed and will be constructed
and operated such that the integrity of the facility will not be jeopardized by
mine-related subsidence.
(2)
Category IV and V facilities are not allowed in subsurface mining areas as
defined in this chapter.
10. Slope.
a. Consideration should be given to the
effect of the slope of the proposed site and adjacent lands with respect to
waste management facilities including the speed at which uncontrolled releases
may run off a site, site preparation techniques and costs, site design,
operating procedures, site stability, potential for erosion, and
visibility.
b. Category limits.
(1) Category I, II and III facilities may be
allowed on slopes in excess of 15% if the applicant demonstrates that the
facility is designed and will be constructed and operated such that the
integrity of the facility will not be jeopardized.
(2) Category IV and V facilities are
prohibited on slopes 15% or greater.
11. Active faults and seismic risk
zones/seismogenic volume.
a. Major active
fault zone and seismic risk zone/seismogenic volume features which are mapped
by the U.S. Geological Survey, Virginia Department of Mines, Minerals and
Energy, or other agency with the responsibility for such matters, or as
discovered by site investigation by a professional geologist, may pose a
potential for (i) seismic-related accidents, and/or (ii) associated degradation
of ground and surface waters should a facility's containment measures be
breached and leakage occur.
b.
Category limits.
(1) Category I, II, and III
facilities may be sited in proximity to an active fault or seismic risk
zone/seismogenic volume if the construction and operation of the proposed
facilities do not pose a risk to public health or the environment and the
applicant demonstrates that the facility is designed and will be constructed,
operated and maintained in a manner which will protect the public health and
the environment from contamination by spills at the facility and demonstrates
that spill containment at the facility is adequate to contain all
spills.
(2) No Category IV or V
facility will be sited within 305 meters (1,000 feet) of an active fault as
mapped by the U.S. Geological Survey, the Division of Mineral Resources,
Virginia Department of Mines, Minerals and Energy, or other agency with the
responsibility for such matters or as discovered by site investigation by a
professional geologist. No Category IV or V facility will be sited in proximity
to an active fault or seismic risk zone/seismogenic volume unless the applicant
demonstrates that the facility is designed and will be constructed, operated
and maintained in a manner which will protect the physical integrity of the
facility and protect the quality of ground and surface waters.
12. Risk of accident in
transportation.
a. The board shall evaluate
the risk associated with the transportation of hazardous waste to the proposed
site. Accident risk is a function of the probability of an accident and the
consequences of an accident, should one occur. The transport routes over which
the wastes will be delivered to the site shall be considered by the
board.
b. In considering risk of
accident in transportation the board will assess:
(1) Mode of transport;
(2) Proposed highway/roadway system to be
used;
(3) Accident rate of mode and
route;
(4) Characteristics of
structures within 0.5 mile of the route, i.e., schools, hospitals;
(5) Nature of transportation restrictions,
i.e., traffic intersections, highway geometrics, traffic/railroad
intersections, tunnels, bridges, toll booths, level of congestion;
(6) Schedule and frequency of deliveries,
vehicle disposition plan in the event of facility shutdown;
(7) Potential adverse environmental or health
effects in the event of an accident;
(8) Characteristics of the residential and
nonresidential population within 0.5 mile of the transport route;
(9) Projected population and the rate of
growth for areas within 0.5 mile of the transport routes during the 20-year
period following initial site operation; and
(10) Host and affected community emergency
response capability along the routes.
13. Proximity to major structures.
a. The linear distance from the site boundary
to major structures must be considered (e.g., residence, airport, school,
hospital, church, commercial centers, nursing home). Acceptable buffer zones
separating residences and certain other types of sensitive populated structures
from the types of operations conducted at hazardous waste sites are
needed.
b. In reviewing the
proposal, the board will assess:
(1) Proximity
of airports, utilities and other major structures; and
(2) Characteristics of buffer
zones.
14.
Local government.
a. The site shall be
considered for consistency with the local master land use plan or the pattern
of already existing land uses or zoning ordinance of the host community where
no comprehensive plan has been adopted. Consistency with local laws,
ordinances, rules and regulations which have been adopted pursuant to a master
land use plan will also be considered, including important farm land protection
activities.
Further, the short and long term financial effects of the addition of the proposed facility to the locality shall be considered. Both the increased tax revenues and the added burden of providing services to the facility are important factors.
b. The board will assess both short and long
term (20 years) effects:
(1) Consistency of
site with the master land use plan, compatibility with existing land
uses;
(2) Consistency with local
laws, ordinances, rules and regulations;
(3) Local tax revenue generated;
(4) Public services required;
(5) Impact on property values; and
(6) Economic development impacts.
15. Fire and
explosions.
a. Due to the nature of the
wastes, special consideration must be given by the board to the potential for
fires and explosions at the site. Because of the inherent quality of the
wastes, the chief focus shall be on proposed safety measures and emergency
response techniques.
b. In
assessing the risk of fire and explosion, the board will evaluate:
(1) Distances from site to residential,
commercial and industrial buildings, public highways, railroads.
(2) Minimum distances established by the
board.
(3) Level of service for
fire, police protection and emergency medical services and the applicant's
emergency implementation plan.
(4)
Proximity to fire department and fire fighting water supply.
(5) Measures to contain fire fighting water
or other substance used in the event of accidents.
(6) Characteristics of the residential and
nonresidential population within 0.5 mile of the site boundary.
(7) Projected population and the rate of
growth for the area within 0.5 mile of the site boundary.
16. Soil characteristics.
a. Consideration should be given to the
characteristics of the soils which affect the suitability of the site for the
development proposed.
b. In
reviewing the proposal, the board will assess the proposal based on, but not
limited to, the following soil characteristics:
(1) Bearing qualities;
(2) Stability;
(3) Drainage; and
(4) Permeability.
B. Other factors. The board shall consider any other factors identified during the course of the certification process which are determined by the board to be relevant and impact the environment, quality of life, and public health, welfare or safety.
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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