Virginia Law

The design and construction of all compost facilities, solid waste transfer stations, centralized waste treatment facilities, materials recovery facilities, waste to energy and incineration facilities, and waste piles shall be governed by the standards as set forth in this section.

A. Compost facilities.

1. For facilities that will compost only Category I feedstocks:

a. A handling area and equipment shall be provided to segregate the Category I waste from noncompostable components and to store such components in appropriate containers prior to proper management and disposal.

b. If the facility is located in any area where the seasonal high water table lies within two feet of the ground surface, the composting and handling areas shall be hard-surfaced and diked or bermed to prevent run-on, collect runoff, and provided with a drainage system to route the collected runoff to a treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process.

c. Engineering controls shall be incorporated into design of facilities located on sites with:

(1) Springs, seeps, and other groundwater intrusions;

(2) Gas, water, or sewage lines under the active areas; or

(3) Electrical transmission lines above or below the active areas.

d. Areas used for mixing, composting, curing, screening, and storing shall be graded to prevent run-on, collect runoff, and provided with a drainage system to route the collected runoff to a treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process.

e. Roads serving the unloading, handling, composting, and storage areas shall be usable under all weather conditions.

2. Facilities for the composting of Category II, III, and IV feedstocks, including those that will mix these feedstocks with Category I feedstocks, shall be provided with:

a. Covered areas for receiving, segregation, and grading of the waste shall be provided to segregate the waste from noncompostable components and to store such components in properly constructed containers prior to proper management and disposal.

b. Areas used for mixing, composting, curing, screening, and storing shall be graded to prevent run-on, collect runoff, and provided with a drainage system to route the collected runoff to a treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process.

c. If the facility is located in any area where the seasonal high water table lies within two feet of the ground surface, the composting and handling areas shall be hard-surfaced and diked or bermed to prevent run-on, collect runoff, and provided with a drainage system to route the collected runoff to a treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process.

d. Where any Category IV feedstocks are received, or where more than 1,000 total tons/quarter of Category II and III feedstocks are received, all receiving, mixing, composting, curing, screening, and storing operations shall be provided with one of the following:

(1) An asphalt or concrete area that drains directly to a wastewater storage, treatment, or disposal facility;

(2) An asphalt, or concrete, and diked or bermed area to prevent entry of run-on or escape of run-off, leachate, or other liquids, and a sump with either a gravity discharge or an adequately sized pump located at the low point of the hard-surfaced area to convey liquids to a wastewater treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process;

(3) A lime stabilized area may be substituted for the asphalt or concrete specified under subdivision A 2 d (2) of this subsection. The lime stabilized clay/soil area must be a minimum of six inches thick and have a lab-tested permeability of 1x10^-7 cm/sec; or

(4) A 12" compacted gravel pad underlain by a continuous high density polyethylene (HDPE) liner of a minimum 60-mil thickness and equipped with leachate collection above the liner and leak detection below the liner.

e. Area and equipment shall be provided to segregate nonbiodegradable or otherwise undesirable components from the municipal solid waste to be processed.

f. For Type B facilities, engineering controls shall be incorporated into design of facilities located on sites with:

(1) Springs, seeps, and other groundwater intrusions;

(2) Gas, water, or sewage lines under the active areas; or

(3) Electrical transmission lines above or below the active areas.

g. Roads serving the unloading, composting, and storage areas shall be of all-weather construction.

h. Auxiliary power, standby equipment, or contingency arrangements shall be required to ensure continuity of composting operations.

i. For uncovered sites, calculations for sizing of surface water control features will be based on a rainfall intensity of one hour duration and a 10-year return period.

B. Solid waste transfer stations.

1. An all-weather road suitable for loaded collection vehicles shall be provided from the entrance gate to the unloading, receiving, or tipping area.

2. The floors in the unloading, receiving, or tipping areas shall be constructed of easily cleanable materials, provided with a water supply for transfer area cleaning purposes, and equipped with drains or pumps, or equivalent means to facilitate the removal of wastewater to proper storage or disposal.

3. Truck wheel curbs or other safety facilities shall be provided to prevent backing or falling into a pit if one is used for tipping.

4. The transfer unloading, receiving, tipping, and storage structures, buildings, and ramps shall be of a material that can be easily cleaned.

5. Onsite queuing capacity shall be provided for the expected traffic so that the waiting collection vehicles do not back up onto the public road.

6. Portions of the transfer station used solely for storage of household hazardous waste shall have a containment system designed in accordance with 40 CFR 267.173, as amended. The requirements of this section do not apply to household hazardous waste packaged in U.S. Department of Transportation-approved shipping containers and removed from the site within 10 days from the date of collection.

7. If the transfer station is used to store waste materials, storage units shall be designed to reduce the potential for fires and migration of vectors, and to prevent escape of wastes, wash waters, odors, dust, and litter from the facility.

C. Centralized waste treatment facilities.

1. A centralized waste treatment facility shall be so designed to reduce the potential of elements that may degrade health or the environment from crossing the facility boundaries. Such elements include fire, vectors, wash water, odor, and litter.

2. An all-weather road suitable for loaded delivery vehicles shall be provided from the entrance gate to the unloading area.

3. Mixing tanks shall be located inside a building or have covers provided that can be deployed rapidly under the threat of inclement weather.

4. Tanks constructed in the ground shall be placed a minimum of two feet above the seasonal high ground-water table and a minimum of two feet vertical separation shall be maintained between bedrock and the lowest point of the tank.

5. Tanks constructed in the ground shall provide secondary containment and have a witness zone to immediately detect leakage. Leaks shall be repaired immediately and the department shall be notified within 24 hours.

6. Tanks constructed above ground shall allow easy access beneath the tank to allow quick leak detection and cleaning. Leaks shall be repaired immediately and the department shall be notified within 24 hours.

7. Mixing tanks shall be underlain and/or surrounded by an apron consisting of hard impermeable surface that is easily cleanable and prevent runoff of any spills.

8. Internal storage areas for processed waste shall be provided to insure an environmentally sound operation and afford space to allow for proper processing of maximum anticipated daily incoming solid waste.

9. Facility shall be designed in a manner that will prevent the migration of odors and dust offsite. The facility must meet all applicable requirements of the regulations of the Air Pollution Control Board where air releases are contemplated.

10. Onsite queuing capacity shall be provided for the expected traffic so that the waiting delivery vehicles do not back up onto the public road.

11. Facilities shall be designed with perimeter security fencing, or natural barriers, and gate controls to prevent unauthorized access to the site.

D. Materials recovery facilities.

1. A materials recovery facility shall be so designed to reduce the potential of elements that may degrade health or the environment from crossing the facility boundaries. Such elements include fire, vectors, wash water, odor, and litter.

2. An all-weather road suitable for loaded delivery vehicles shall be provided from the entrance gate to the unloading area.

3. The unloading, receiving, or tipping areas shall be constructed of impervious materials, provided with a water supply for storage and transfer area cleaning purposes, and equipped with drains or pumps, or equivalent means to facilitate the removal of wastewater to proper storage or disposal.

4. Truck wheel curbs or other safety facilities shall be provided to prevent backing or falling into a pit if one is used for tipping.

5. The unloading, tipping, receiving, and storage structures, buildings, and ramps shall be of material that can be easily cleaned.

6. Internal storage areas for unprocessed incoming solid waste will be provided to ensure an environmentally sound operation and afford space to allow for proper processing of maximum anticipated daily incoming solid waste.

7. Facility shall be designed in a manner that will prevent the migration of odors and dust offsite. The facility must meet all applicable requirements of the regulations of the Air Pollution Control Board where air releases are contemplated.

8. Onsite queuing capacity shall be provided for the expected traffic so that the waiting delivery vehicles do not back up onto the public road.

9. Fire alarm and protection systems capable of detecting, controlling, and extinguishing any and all fires shall be provided.

10. Facilities shall be designed with perimeter security fencing, or natural barriers, and gate controls to prevent unauthorized access to the site.

11. The owner or operator of a material recovery facility engaged in bioremediation shall design, construct, and maintain systems for application of nutrients, provision of air or oxygen, and regulation of moisture content designed to promote aerobic microbiological degradation. At a minimum the systems shall be:

a. Designed to be chemically resistant to any waste or leachate that may come into contact with the system;

b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying waste, waste cover materials, and by any equipment used in the area; and

c. Designed to provide operational temperatures that are favorable to the bioremediation process.

12. A design description manual will be prepared and submitted to the department describing or showing:

a. The process rate of the facility;

b. The designation of normal loading, unloading, and storage areas and their capacities;

c. The designation of emergency loading, unloading, storage, or other disposal capabilities to be used when the facility system downtime exceeds 24 hours;

d. The designation of alternate disposal areas or plans for transfer of solid wastes in the event facility downtime exceeds 72 hours;

e. The expected daily quantity of waste residue generation;

f. The proposed ultimate disposal location for all facility-generated waste residues including, but not limited to, residues and bypass material, byproducts resulting from air pollution control devices, and the proposed alternate disposal locations for any unauthorized waste types, that may have been unknowingly accepted. The schedule for securing contracts for the disposal of these waste types at the designated locations shall be provided;

g. A descriptive statement of any materials use, reuse, or reclamation activities to be operated in conjunction with the facility, either on the incoming solid waste or the ongoing residue;

h. Plan views showing building dimensions, building setbacks, side and rear distances between the proposed structure and other existing or proposed structures, roadways, parking areas, and site boundaries; and

i. Interior floor plans showing the layout, profile view, and dimensions of the processing lines, interior unloading, sorting, storage, and loading areas as well as other functional areas.

E. Waste to energy and incineration facilities.

1. The solid waste and combustion residue storage and handling facilities associated with a waste to energy or incineration system shall be designed to reduce the potential of elements that may degrade health or the environment from crossing the facility boundaries. Such elements include fire, vectors, wash water, odor, and litter.

2. An all-weather road suitable for loaded delivery vehicles shall be provided from the entrance gate to the unloading, receiving, or tipping area.

3. All tipping floors, sorting pads, waste storage areas, bunkers, and pits shall be constructed of concrete or other similar quality material that will withstand heavy vehicle usage. Floor drains shall be provided in all such areas and surfaces shall be graded to facilitate wash down operations. Floor drains shall be designed to discharge wastewater into a collection system for proper disposal. In those cases where waste or residue storage pits are to be utilized, the base and sidewalls shall be designed to prevent groundwater intrusion.

4. Truck wheel curbs or other safety facilities shall be provided to prevent backing or falling into a pit if one is used for tipping.

5. The unloading, receiving, and tipping structures; buildings; and ramps shall be of material that can be easily cleaned.

6. Facilities shall be designed with internal storage area for unprocessed incoming solid waste, facility process waste residues and effluents, and recovered materials, if applicable. The design shall allow for, at a minimum, three days of storage at maximum anticipated loading rates.

7. The facility shall be designed in a manner that will prevent the migration of odors and dust offsite.

8. Onsite queuing capacity shall be provided for the expected traffic so that the waiting delivery vehicles do not back up onto the public road.

9. Fire alarm and protection systems capable of detecting, controlling, and extinguishing any and all fires shall be provided.

10. Facilities shall be designed with perimeter security fencing and gate controls to prevent unauthorized access to the site and to control the offsite escape of litter.

11. A design description manual will be prepared and submitted to the department describing or showing:

a. The process rate of the facility;

b. The designation of normal loading, unloading, and storage areas and their capacities;

c. The designation of emergency loading, unloading, storage or other disposal capabilities to be used when the facility system downtime exceeds 24 hours;

d. The designation of alternate disposal areas or plans for transfer of solid wastes in the event facility downtime exceeds 72 hours;

e. The expected daily quantity of waste residue generation;

f. The proposed ultimate disposal location for all facility-generated waste residues including, but not limited to, ash residues and bypass material, byproducts resulting from air pollution control devices, and the proposed alternate disposal locations for any unauthorized waste types, which may have been unknowingly accepted. The schedule for securing contracts for the disposal of these waste types at the designated locations shall be provided;

g. A descriptive statement of any materials use, reuse, or reclamation activities to be operated in conjunction with the facility, either on the incoming solid waste or the ongoing residue;

h. Plan views showing building dimensions, building setbacks, side and rear distances between the proposed structure and other existing or proposed structures, roadways, parking areas, and site boundaries; and

i. Interior floor plans showing the layout, profile view, and dimensions of the processing lines, interior unloading, sorting, storage, and loading areas as well as other functional areas.

F. Waste piles.

1. The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under subdivision 2 of this subsection, provided that:

a. Liquids or materials containing free liquids are not placed in the pile;

b. The pile is protected from surface water run-on by the structure or in some other manner;

c. The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting;

d. The pile will not generate leachate through decomposition or other reactions; and

e. The structures, buildings, and ramps shall be of concrete, brick, or other material that can be easily cleaned.

2. Exposed waste piles.

a. Liners. A waste pile (except for an existing portion of a waste pile) shall have:

(1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent soil or groundwater or surface water at any time during the active life (including the closure period) of the waste pile. The liner shall be:

(a) Constructed of materials that have necessary chemical properties, strength, and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;

(b) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and

(c) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and

(2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The design and operating conditions shall ensure that the leachate depth over the liner does not exceed one foot at its lowest point. The leachate collection and removal system shall be:

(a) Constructed of materials that are (i) chemically resistant to the waste managed in the pile and the leachate expected to be generated; and (ii) of necessary strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste cover materials, and by any equipment used at the pile; and

(b) Designed and operated to function without clogging through the scheduled closure of the waste pile.

b. The owner or operator will be exempted from the requirements of subdivision 2 a of this subsection if the director finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any waste constituents into the groundwater or surface water at any future time. In deciding whether to grant an exemption, the director will consider:

(1) The nature and quantity of the wastes;

(2) The proposed alternate design and operation;

(3) The hydrogeologic setting of the facility, including attenuating capacity and thickness of the liners and soils present between the pile and groundwater or surface water; and

(4) All other factors that would influence the quality and mobility of the leachate produced and the potential for it to migrate to groundwater or surface water;

c. During construction or installation, liners shall be inspected by the owner's or operator's construction quality assurance personnel for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials).

d. Immediately after construction or installation.

(1) Synthetic liners shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and

(2) Soil-based liners shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may cause an increase in the hydraulic conductivity of the liner.

(3) Any imperfections in the alternate liner design approved by the director will be repaired.

e. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm.

f. The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

3. Area, facilities, and equipment shall be provided to segregate undesirable components from the incoming solid waste to be processed.

4. The storage or treatment units shall be designed to prevent fires and migration of vectors, and to prevent escape of wastes, wash waters, waste decomposition odors, dust, and litter from the facility. The storage and treatment units will be designed to withstand the physical, chemical, and biological characteristics of the waste managed.