Current through Register Vol. 41, No. 3, September 23, 2024
A. The
following are causes for terminating a VPA permit during its term, or for
denying a VPA permit renewal application, after public notice and opportunity
for a public hearing:
1. The permittee has
violated any regulation of the board or order of the department, any condition
of a VPA permit, any provision of the law, or any order of a court, where such
violation results in a release of harmful substances into the environment or
poses a substantial threat of release of harmful substances into the
environment or presents a hazard to human health or the violation is
representative of a pattern of serious or repeated violations which, in the
opinion of the department, demonstrates the permittee's disregard for or
inability to comply with applicable laws, regulations or
requirements;
2. The permittee's
failure to disclose fully all relevant material facts, or the permittee's
misrepresentation of any relevant material facts in applying for a VPA permit,
or in any other report or document required under the law or this
chapter;
3. A determination that
the permitted activity endangers human health or the environment and can only
be regulated to acceptable levels by VPA permit modification or termination;
or
4. There exists a material
change in the basis on which the VPA permit was issued that requires either a
temporary or a permanent reduction or elimination of any pollutant management
activity controlled by the VPA permit necessary to protect human health or the
environment.
B. In
addition to causes for terminating a VPA permit specified in subsection A of
this section, causes for terminating a VPA permit issued for land application,
marketing and distribution of biosolids shall include:
1. Failure to comply with the conditions of
the permit.
2. Violation of Chapter
3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia or of any
provisions of this regulation.
3.
Change in ownership.
4. Abandonment
of the facilities.
C. A
VPA permit may be terminated without public notice and opportunity for a
hearing when the termination is mutually agreed to by the permittee and the
department.
Statutory Authority: § 62.1-44.15 of the Code of
Virginia.
