Administrative Code

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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

9VAC20-40-150. Amendment of Certification of Site Approval.

A. Certification may be amended at the request of any interested party as defined in 9VAC20-40-130 D or upon the board's initiative, but only for the causes listed in this section. All requests shall be in writing and shall contain facts or reasons supporting the request. The board shall make its determination following a review of the cause based on appropriate information or testimony by the initiator or the applicant (current owner or operator) or both within 45 days of receiving notice. If, in the opinion of the board, the amendment is of major public interest, the board may schedule a public hearing according to the requirements outlined in 9VAC20-40-130.

B. If the board decides the request is not justified, it shall send the requestor a brief response giving a reason for the decision.

C. The following are causes for amendment of certification of site approval:

1. There are material or substantial alterations or additions to the approved site which occurred after certification which justify the application of conditions that are different or absent in the existing certification;

2. The board has received information pertaining to circumstances or conditions existing at the time the certification of the site was approved that was not included in the administrative record and would have justified the application of different conditions, if, in the judgment of the board, such modification is necessary to prevent significant adverse effects on public health or the environment; and

3. The standards or regulations on which the certification was based have been changed by promulgation of amended standards or regulations or by judicial decision after the certification was approved, if, in the judgment of the board, such modification is necessary to prevent significant adverse effects on public health or the environment. Certification may be amended by reason of judicial decision only if a court of competent jurisdiction has remanded and stayed board regulations, and if the remand and stay concern that portion of the regulations on which the certification condition was based and a request is filed within 90 days of judicial remand.

D. Certification of site approval shall be terminated in accordance with § 10.1-1446 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from VR672-01-4 § 4.2, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

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