Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS
Part VII - Variance Application Procedures
Section 9VAC20-81-760 - Administrative procedures
Universal Citation: 9 VA Admin Code 20-81-760
Current through Register Vol. 41, No. 3, September 23, 2024
A. Submission of application.
1. General
application requirements. All applications submitted to the director shall
include:
a. The applicant's name and
address;
b. A statement of
applicant's interest in the proposed action;
c. A description of the desired action and a
citation to the regulation from which a variance is requested;
d. A description of the need and
justification for the proposed action;
e. The duration of the variance, if
applicable;
f. The potential impact
of the variance on public health or the environment;
g. Other information believed by the
applicant to be pertinent; and
h.
The following statements signed by the applicant or his authorized
representative:
"I certify that I have personally examined and am familiar with the information submitted in this application and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
i. In
accordance with the provisions of § 10.1-1408.1 of the Code of Virginia,
no application for a variance allowing a noncaptive industrial landfill to
expand or increase capacity shall be allowed without providing local government
certification and disclosure information in accordance with the provisions of
9VAC20-81-450.
2. Additional requirements for applications
under 9VAC20-81-710. In addition to the
general information required of all applicants under subdivision 1 of this
subsection:
a. To be successful the applicant
shall address the standards and criteria listed in
9VAC20-81-710 C.
b. For applications submitted under
9VAC20-81-710 B 4 the following
additional information is required:
(1) A
description of the waste and an estimate of the average and maximum monthly and
annual quantities of waste covered by the application;
(2) A description of the methodologies and
equipment used to obtain representative samples and analyses, to include:
(a) The name and address of the laboratory
facility performing the sampling on tests of the waste, if different from that
of the applicant;
(b) The
qualifications of the persons sampling and testing the wastes;
(c) The dates of sampling and
testing;
(d) A description of
sample handling and preparation techniques, including techniques used for
extraction, containerization, and preservation of samples; and
(e) A description of the tests performed and
the results obtained.
(3) The description of the reclamation
processes.
3.
Additional requirements for application under
9VAC20-81-720. In addition to the
general information required of all applicants under subdivision 1 of this
subsection, the applicant shall submit:
a. An
explanation of the applicant's particular situation that prevents the facility
from achieving compliance with the cited regulation; and
b. Other information as may be required by
the department.
B. Application processing.
1. After receiving an application that
includes the information required in subsection A of this section, the director
will determine whether the information received is sufficient to render the
decision. If the information is deemed to be insufficient, the director will
request that additional information be furnished.
2. The applicant may submit the additional
information requested, or may demonstrate that the additional information
should not be required. If the director agrees that the additional information
should not be required, he will act in accordance with subdivision 3 of this
subsection.
3. After the
application is deemed complete:
a. The
director will make a tentative decision to grant or deny the variance
request.
b. If the variance request
is tentatively denied, the director will offer the applicant the opportunity to
withdraw the request, submit additional information, or proceed with the
evaluation.
c. The director will
issue a notice tentatively granting the variance request. Notification of this
tentative decision will be provided by newspaper advertisement in the locality
where the applicant is located. The director will accept comment on the
tentative decision for 30 days.
d.
After evaluating all public comments, the director will, within 15 days after
the expiration of the comment period:
(1)
Notify the applicant of the final decision; and
(2) Notify all persons who commented on the
tentative decision.
C. Decision resolution.
1. In the case of a denial, the applicant has
a right to request a formal hearing to challenge the rejection.
2. If the director grants a variance request,
the notice to the applicant shall provide that the variance may be terminated
upon a finding by the director that the applicant has failed to comply with any
variance requirements.
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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