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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 40. Administrative Procedures for Hazardous Waste Facility Site Certification
3/28/2020

9VAC20-40-100. Application.

Part III
Application for Certification of Site Approval

A. At any time within six months after submission of the final impact analysis, the applicant may submit to the board an application for certification of site approval. The application shall contain:

1. A summary of the proposal including a general description of the facility and the nature of the business;

2. Conceptual engineering designs for the proposed facility;

3. A copy of the final impact analysis which evaluates the siting criteria;

4. A detailed description of the facility's suitability to meet the criteria promulgated by the board, including any design and operation means that will be necessary or otherwise undertaken to meet the criteria;

5. A siting agreement, if one has been executed pursuant to subsections F and H of this section, 9VAC20-40-110 and § 10.1-1442 of the Code of Virginia, or, if none has been executed, a statement to that effect.

B. Fees. The application shall be accompanied by the fee established by the Schedule of Fees for Hazardous Waste Facility Site Certification (9VAC20-20).

C. Form of the application.

1. The application should be contained in one or more three-ring loose-leaf binders preferably on 8-1/2 X 11 inch paper.

2. All maps required by this chapter shall be detachable, but may be fold outs.

3. The summary shall be capable of separate reproduction and distribution.

D. The director shall review the application for completeness and notify the applicant within 15 days of receipt that the application is incomplete or complete.

If the application is incomplete, the director shall so advise the applicant and shall identify the information necessary to make the application complete. The director shall take no further action until the application is complete.

If the application is complete, the director shall so advise the applicant and shall direct the applicant to furnish copies of the application to the following: five to the host community and one to each person owning property adjoining the proposed site. At least one copy of the application shall be made available by the applicant for inspection and copying at a convenient place in a host community during normal business hours.

E. The board shall cause notice of the application to be made in the manner provided in § 10.1-1447 of the Code of Virginia and shall notify each governing body that upon publication of the notice the governing body must conclude all negotiations with the applicant within 30 days. The applicant and the governing body may, by agreement, extend the time for negotiation to a fixed date but shall forthwith notify the board of this date. The board may also extend the time to a fixed date for good cause shown.

F. At the end of the period specified in subsection E of this section, a governing body shall submit to the board and to the applicant a report containing:

1. A complete siting agreement, if any, or in case of failure to reach full agreement, a description of points of agreement and unresolved points; and

2. Any conditions or restrictions on the construction, operation or design of the facility that are required by local ordinance.

G. If the report is not submitted within the time required, the board may proceed as specified in § 10.1-1443 A of the Code of Virginia.

H. The applicant may submit comments on the report of the governing body at any time prior to the issuance of the draft certification of site approval.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.

Historical Notes

Derived from VR672-01-4 § 3.1, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005; Volume 32, Issue 24, eff. August 24, 2016.

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