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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 81. Solid Waste Management Regulations

9VAC20-81-100. General.

A. Any person who constructs, or operates any solid waste disposal facility, not otherwise exempt under 9VAC20-81-35 D, shall comply with the requirements of this part. Further, all applications for permits pursuant to these standards shall demonstrate specific means proposed for compliance with requirements set forth in this part.

B. All solid waste disposal facilities shall be maintained and operated in accordance with the permit issued pursuant to this regulation, and in accordance with the approved design and intended use of the facility.

C. Hazardous wastes shall not be disposed of or managed in solid waste disposal facilities subject to this regulation unless specifically authorized by the facility permit or the director.

D. A solid waste management facility regulated under Part IV (9VAC20-81-300 et seq.) of this chapter will become subject to the closure and postclosure care standards contained in this part if solid waste will remain after the closure of such a facility.

E. Control program for unauthorized waste.

1. All landfills are required to implement a control program for unauthorized waste in accordance with the provisions of this section. A written description of the program will be placed in the operating record. Additional provisions for sanitary landfills required in subdivision 5 of this subsection are required to be placed in the landfill's operating record. The owner or operator shall institute a control program (including measures such as signs at all maintained access points indicating hours of operation and the types of solid waste accepted and not accepted, monitoring, alternate collection programs, passage of local laws, etc.) to assure that only solid waste authorized by the department to be treated, disposed of, or transferred at the landfill is being treated, disposed of, or transferred at that landfill. The owner or operator must develop and implement a program to teach the landfill's staff to recognize, remove, and report receipt of solid waste not authorized by the department to be treated, disposed of, or transferred at the landfill.

2. If unauthorized waste is observed in the waste delivered to the facility prior to unloading, the owner or operator may refuse to accept the waste. If the owner or operator has accepted the waste, the owner or operator shall remove it, segregate it, and provide to the department a record identifying that waste and its final disposition. Records of each incident shall be available for department review. Any unauthorized waste accepted by the owner or operator shall be managed in accordance with applicable federal or state laws and regulations.

3. Solid waste not authorized by the department to be treated, disposed of, or transferred at the landfill that is segregated shall be adequately secured and contained to prevent leakage or contamination of the environment. The solid waste management facility owner or operator shall have the unauthorized waste removed or properly managed as soon as practicable, but not more than 90 days after discovery. Removal shall be by a person authorized to transport such waste to a waste management facility approved to receive it for treatment, disposal, or transfer.

4. Each noncaptive landfill receiving waste generated outside Virginia shall include provisions in the landfill's unauthorized waste control program for notifying customers outside of Virginia of Virginia's requirements and for preventing the acceptance of prohibited wastes. Each noncaptive landfill shall comply with the same increased random inspection provisions presented for all such landfills in subdivision 5 of this subsection, as applicable.

5. The owner or operator of all landfills (other than captive industrial landfills) shall implement an inspection program to be conducted by landfill personnel to detect and prevent disposal of those wastes prohibited in 9VAC20-81-40 and 9VAC20-81-140. In addition to implementing the requirements of the control program for unauthorized waste in this subsection, the program shall include, at a minimum:

a. The procedures for the routine monitoring and observation of incoming waste at the working face of the landfill;

b. The procedures for random inspections of incoming loads to detect whether incoming loads contain regulated hazardous wastes, PCB wastes, regulated medical waste, or other unauthorized solid waste and ensure that such wastes are not accepted at the landfill. The owner or operator shall inspect a minimum of 1.0% of the incoming loads of waste. In addition, if the facility receives waste generated outside of Virginia and the regulatory structure in that jurisdiction allows for the disposal or incineration of wastes as municipal solid waste that Virginia's laws and regulations prohibit or restrict, the facility shall inspect a minimum of 10% of the incoming loads;

c. Records of all inspections, to include at a minimum time and date of the inspection, the personnel involved, the hauler, the type of waste observed, the identity of the generator of the waste if it can be determined, the location of the facility where the waste was handled prior to being sent to the landfill, and the results of the inspection. All records associated with unauthorized waste monitoring and incidents shall be retained onsite for a minimum of three years and shall be available for inspection by the department;

d. Training of landfill personnel to recognize and manage regulated hazardous waste, PCB wastes, regulated medical waste, and other unauthorized solid wastes;

e. Notification to the department if a regulated hazardous waste, PCB waste, regulated medical waste, or other unauthorized waste is discovered at the landfill. This notification will be made orally as soon as possible, but no later than 24 hours after the occurrence and shall be followed within five working days by a written report that includes a description of the event, the cause of the event, the time and date of the event, and the actions taken to respond to the event; and

f. All regulated medical waste, PCB waste, or other unauthorized solid waste that are detected at a landfill shall be isolated from the incoming waste and properly contained until arrangements can be made for proper transportation for treatment or disposal at an approved facility.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

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