Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS
Part III - Solid Waste Disposal Facility Standards for Sanitary Landfills, Construction/Demolition/Debris (CDD) Landfills, and Industrial Waste Landfills
Section 9VAC20-81-100 - General
Universal Citation: 9 VA Admin Code 20-81-100
Current through Register Vol. 41, No. 3, September 23, 2024
A. Any person who constructs, or operates any solid waste disposal facility, not otherwise exempt under 9VAC20-81-35 D, shall comply with the requirements of this part. Further, all applications for permits pursuant to these standards shall demonstrate specific means proposed for compliance with requirements set forth in this part.
B. All solid waste disposal facilities shall be maintained and operated in accordance with the permit issued pursuant to this regulation, and in accordance with the approved design and intended use of the facility.
C. Hazardous wastes shall not be disposed of or managed in solid waste disposal facilities subject to this regulation unless specifically authorized by the facility permit or the director.
D. A solid waste management facility regulated under Part IV (9VAC20-81-300 et seq.) of this chapter will become subject to the closure and postclosure care standards contained in this part if solid waste will remain after the closure of such a facility.
E. Control program for unauthorized waste.
1. All landfills are
required to implement a control program for unauthorized waste in accordance
with the provisions of this section. A written description of the program will
be placed in the operating record. Additional provisions for sanitary landfills
required in subdivision 5 of this subsection are required to be placed in the
landfill's operating record. The owner or operator shall institute a control
program (including measures such as signs at all maintained access points
indicating hours of operation and the types of solid waste accepted and not
accepted, monitoring, alternate collection programs, passage of local laws,
etc.) to assure that only solid waste authorized by the department to be
treated, disposed of, or transferred at the landfill is being treated, disposed
of, or transferred at that landfill. The owner or operator must develop and
implement a program to teach the landfill's staff to recognize, remove, and
report receipt of solid waste not authorized by the department to be treated,
disposed of, or transferred at the landfill.
2. If unauthorized waste is observed in the
waste delivered to the facility prior to unloading, the owner or operator may
refuse to accept the waste. If the owner or operator has accepted the waste,
the owner or operator shall remove it, segregate it, and provide to the
department a record identifying that waste and its final disposition. Records
of each incident shall be available for department review. Any unauthorized
waste accepted by the owner or operator shall be managed in accordance with
applicable federal or state laws and regulations.
3. Solid waste not authorized by the
department to be treated, disposed of, or transferred at the landfill that is
segregated shall be adequately secured and contained to prevent leakage or
contamination of the environment. The solid waste management facility owner or
operator shall have the unauthorized waste removed or properly managed as soon
as practicable, but not more than 90 days after discovery. Removal shall be by
a person authorized to transport such waste to a waste management facility
approved to receive it for treatment, disposal, or transfer.
4. Each noncaptive landfill receiving waste
generated outside Virginia shall include provisions in the landfill's
unauthorized waste control program for notifying customers outside of Virginia
of Virginia's requirements and for preventing the acceptance of prohibited
wastes. Each noncaptive landfill shall comply with the same increased random
inspection provisions presented for all such landfills in subdivision 5 of this
subsection, as applicable.
5. The
owner or operator of all landfills (other than captive industrial landfills)
shall implement an inspection program to be conducted by landfill personnel to
detect and prevent disposal of those wastes prohibited in
9VAC20-81-40 and
9VAC20-81-140. In addition to
implementing the requirements of the control program for unauthorized waste in
this subsection, the program shall include, at a minimum:
a. The procedures for the routine monitoring
and observation of incoming waste at the working face of the
landfill;
b. The procedures for
random inspections of incoming loads to detect whether incoming loads contain
regulated hazardous wastes, PCB wastes, regulated medical waste, or other
unauthorized solid waste and ensure that such wastes are not accepted at the
landfill. The owner or operator shall inspect a minimum of 1.0% of the incoming
loads of waste. In addition, if the facility receives waste generated outside
of Virginia and the regulatory structure in that jurisdiction allows for the
disposal or incineration of wastes as municipal solid waste that Virginia's
laws and regulations prohibit or restrict, the facility shall inspect a minimum
of 10% of the incoming loads;
c.
Records of all inspections, to include at a minimum time and date of the
inspection, the personnel involved, the hauler, the type of waste observed, the
identity of the generator of the waste if it can be determined, the location of
the facility where the waste was handled prior to being sent to the landfill,
and the results of the inspection. All records associated with unauthorized
waste monitoring and incidents shall be retained onsite for a minimum of three
years and shall be available for inspection by the department;
d. Training of landfill personnel to
recognize and manage regulated hazardous waste, PCB wastes, regulated medical
waste, and other unauthorized solid wastes;
e. Notification to the department if a
regulated hazardous waste, PCB waste, regulated medical waste, or other
unauthorized waste is discovered at the landfill. This notification will be
made orally as soon as possible, but no later than 24 hours after the
occurrence and shall be followed within five working days by a written report
that includes a description of the event, the cause of the event, the time and
date of the event, and the actions taken to respond to the event; and
f. All regulated medical waste, PCB waste, or
other unauthorized solid waste that are detected at a landfill shall be
isolated from the incoming waste and properly contained until arrangements can
be made for proper transportation for treatment or disposal at an approved
facility.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.
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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