Current through Register Vol. 41, No. 3, September 23, 2024
A. Any permit issued by the director may be
revoked when any of the following conditions exist:
1. The permit holder violates any regulation
of the board or any condition of a permit where such violation poses a threat
of release of harmful substances into the environment or presents a hazard to
human health;
2. The solid waste
management facility is maintained or operated in such a manner as to constitute
an open dump or pose a substantial present or potential hazard to human health
or the environment;
3. The solid
waste management facility because of its location, construction, or lack of
protective construction or measures to prevent pollution, constitute an open
dump or poses a substantial present or potential hazard to human health or the
environment;
4. Leachate or
residues from the solid waste management facility used for disposal, storage,
or treatment of solid waste pose a threat of contamination or pollution of the
air, surface waters, or groundwater in a manner constituting an open dump or
resulting in a substantial present or potential hazard to human health or the
environment;
5. The person to whom
the permit was issued abandons, sells, leases, or ceases to operate the
facility permitted;
6. The owner or
operator fails to maintain a financial assurance mechanism if required to do so
by 9VAC20-70;
7. As a result of
changes in key personnel, the director finds that the requirements necessary
for issuance of a permit are no longer satisfied;
8. The applicant has knowingly or willfully
misrepresented or failed to disclose a material fact in applying for a permit
or in his disclosure statement, or any other report or certification required
under this law or under the regulations of the board, or has knowingly or
willfully failed to notify the director of any material change to the
information in the disclosure statement;
9. Any key personnel has been convicted of
any following crimes punishable as felonies under the laws of the Commonwealth
or the equivalent of them under the laws of any other jurisdiction: murder;
kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson;
burglary; theft and related crimes; forgery and fraudulent practices; fraud in
the offering, sale, or purchase of securities; alteration of motor vehicle
identification numbers; unlawful manufacture, purchase, use, or transfer of
firearms; unlawful possession or use of destructive devices or explosives;
violation of the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of
Title 54.1 of the Code of Virginia; racketeering; or violation of antitrust
laws; or has been adjudged by an administrative agency or a court of competent
jurisdiction to have violated the environmental protection laws of the United
States, the Commonwealth, or any other state and the director determines that
such conviction or adjudication is sufficiently probative of the applicant's
inability or unwillingness to operate the facility in a lawful manner, as to
warrant denial, revocation, modification, or suspension of the permit. In
making such determination, the director shall consider:
a. The nature and details of the acts
attributed to key personnel;
b. The
degree of culpability of the applicant, if any;
c. The applicant's policy or history of
discipline of key personnel for such activities;
d. Whether the applicant has substantially
complied with all rules, regulations, permits, orders, and statutes applicable
to the applicant's activities in Virginia;
e. Whether the applicant has implemented
formal management controls to minimize and prevent the occurrence of such
violations; and
f. Mitigation based
upon demonstration of good behavior by the applicant including, without
limitation, prompt payment of damages, cooperation with investigations,
termination of employment or other relationship with key personnel or other
persons responsible for violations or other demonstrations of good behavior by
the applicant that the director finds relevant to its decision; or
10. All postclosure care
activities have been terminated by the department in accordance with
9VAC20-81-170 C.
B. Revocation and reissuance.
1. If the director finds that solid wastes
are no longer being stored, treated, or disposed at a facility in accordance
with department regulations, the director may revoke the permit issued for such
facility and reissue it with a condition requiring the person to whom the
permit was issued to provide closure and postclosure care of the
facility.
2. If the director is
notified by the permittee that the ownership of the facility will be
transferred to a new owner or that the operation will be conducted by a new
operator, the director will upon receipt of financial assurance documents
required by Financial Assurance Regulations of Solid Waste Disposal, Transfer,
and Treatment Facilities (9VAC20-70), revoke the original permit and reissue it
to the new owner or operator.
C. Except in an emergency, a facility posing
a substantial threat to public health or the environment, the director may
revoke a permit only after a hearing, or a waiver of a hearing, in accordance
with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of
Virginia).
D. If the director
summarily suspends a permit pursuant to an emergency based on subdivision 18 of
§ 10.1-1402 of the Virginia Waste Management Act, the director shall hold
a conference pursuant to § 2.2-4019 of the Virginia Administrative Process
Act, within 48 hours to consider whether to continue the suspension pending a
hearing to modify or revoke the permit, or to issue any other appropriate
order. Notice of the hearing shall be delivered at the conference or sent at
the time the permit is suspended. Any person whose permit is suspended by the
director shall cease activity for which permit was issued until the permit is
reinstated by the director or by a court.
§ 10.1-1402 of the Code of Virginia; 42 USC §
6941 et seq.; 40 CFR Part 258.
