Current through Register Vol. 41, No. 3, September 23, 2024
A. A
completed permit for a solid waste management facility shall be prepared at the
conclusion of the procedures outlined in
9VAC20-81-450. The permit shall be
prepared in detail to establish the construction requirements, monitoring
requirements, operating limitations or guides, waste limitations if any, and
any other details essential to the operation and maintenance of the facility
and its closure. Before receipt of waste by the facility, the applicant must:
1. Notify the department, in writing, that
construction has been completed; and submit to the department a letter from a
professional engineer certifying that the facilities have been completed in
accordance with the approved plans and specifications and is ready to begin
operation. This certification letter is in addition to the CQA certification
required in
9VAC20-81-130 Q 3 and must be
provided by a different individual than the CQA certification. This
certification letter is typically provided by the design engineer.
2. Arrange for a department representative to
inspect the site and confirm that the site is ready for operation.
B. Certificate-to-Operate (CTO).
Following review of a complete CQA certification and site inspection the
department shall issue a CTO authorizing the facility to begin receiving waste.
The facility shall not receive waste until a CTO has been issued by the
department.
C. Inspections. Each
facility permitted to accept solid waste requires periodic inspection and
review of records and reports. Such requirements shall be set forth in the
final permit issued by the department. The permit applicant by accepting the
permit, agrees to the specified periodic inspections.
D. Compliance with a valid permit during its
term constitutes compliance, for purposes of enforcement, with the Virginia
Waste Management Act. However, a permit may be modified, revoked and reissued,
or revoked for cause as set forth in
9VAC20-81-570 and
9VAC20-81-600.
E. The issuance of a permit does not convey
any property rights of any sort, or any exclusive privilege.
F. The issuance of a permit does not
authorize any injury to persons or property or invasion of other private
rights, or any infringement of federal, Commonwealth, or local law or
regulations.
G. A permit may be
transferred by the permittee to a new owner or operator only if the permit has
been revoked and reissued, or a minor modification made to identify the new
permittee and incorporate such other requirements as may be necessary. Upon
presentation of the financial assurance proof required by 9VAC20-70 by the new
owner, the department will release the old owner from his closure and financial
responsibilities and acknowledge existence of the new or modified permit in the
name of the new owner.
H. This
section provides for the approval of permits or permit modifications that
include a time allowance for the permittee to achieve the new standards
contained in the approved permit or permit modification.
1. The permit may specify a schedule of
compliance leading to compliance with this chapter.
a. Any schedules of compliance under this
subsection shall require compliance as soon as possible.
b. Except as otherwise provided, if a permit
establishes a schedule of compliance that exceeds one year from the date of
permit issuance, the schedule shall set forth interim requirements and the
dates for their achievement.
(1) The time
between interim dates shall not exceed one year; and
(2) If the time necessary for completion of
any interim requirement is more than one year and is not readily divisible into
stages of completion, the permit shall specify interim dates for the submission
of reports of progress toward completion of the interim requirements and
indicate a projected completion date.
c. The permit shall be written to require
that no later than 14 days following each interim date and the final date of
compliance, a permittee shall notify the department, in writing, of his
compliance or noncompliance with the interim or final requirements.
2. A permit applicant or permittee
may cease conducting regulated activities (by receiving a terminal volume of
solid waste, and, in case of treatment or storage facilities, closing pursuant
to applicable requirements, or, in case of disposal facilities, closing and
conducting postclosure care pursuant to applicable requirements) rather than
continue to operate and meet permit requirements as follows:
a. If the permittee decides to cease
conducting regulated activities at a specified time for a permit that has
already been issued:
(1) The permit may be
modified to contain a new or additional schedule leading to timely cessation of
activities; or
(2) The permittee
shall cease conducting permitted activities before noncompliance with any
interim or final compliance schedule requirement already specified in the
permit.
b. If the
decision to cease conducting regulated activities is made before the issuance
of a permit whose terms will include the termination date, the permit shall
contain a schedule leading to termination that will ensure timely compliance
with applicable requirements.
c. If
the permittee is undecided whether to cease conducting regulated activities,
the director may issue or modify a permit to continue two schedules as follows:
(1) Both schedules shall contain an identical
interim deadline requiring a final decision on whether to cease conducting
regulated activities no later than a date that ensures sufficient time to
comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities;
(2) One schedule shall lead to timely
compliance with applicable requirements;
(3) The second schedule shall lead to
cessation of regulated activities by a date that will ensure timely compliance
with applicable requirements; and
(4) Each permit containing two schedules
shall include a requirement that, after the permittee has made a final
decision, he shall follow the schedule leading to compliance if the decision is
to continue conducting regulated activities, and follow the schedule leading to
termination if the decision is to cease conducting regulated
activities.
d. The
applicant's decisions to cease conducting regulated activities shall be
evidenced by a firm public commitment satisfactory to the department, such as a
resolution of the board of directors of a corporation.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC §
6941 et seq.; 40 CFR Part 258.
