Virginia Law

The operation 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. Operations for these facilities will be detailed in an operations manual that shall be maintained in the operating record in accordance with 9VAC20-81-485. This operations manual will include an operations plan, an inspection plan, a health and safety plan, an unauthorized waste control plan, and an emergency contingency plan meeting the requirements of this section and 9VAC20-81-485. This manual shall be made available to the department when requested. If the applicable standards of this chapter and the facility's operations manual conflict, this chapter shall take precedence.

A. Compost facilities.

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

a. Noncompostable or other undesirable solid waste shall be segregated from the material to be composted. Solid waste that is not composted, salvaged, reused, or sold must be disposed at a permitted solid waste management facility authorized to accept the waste.

b. The addition of any other solid waste including but not limited to hazardous waste, regulated medical waste, construction waste, debris, demolition waste, industrial waste, or other municipal solid waste to the Category I waste received at the composting facility is prohibited, except that the materials that are excluded under 9VAC20-81-95 may be combined with Category I waste for the purpose of producing compost under the provisions of this chapter.

c. Access to the composting facility shall be permitted only when an attendant is on duty.

d. Dust, odors, and vectors shall be controlled so they do not constitute nuisances or hazards. Fugitive dust and mud deposits on main offsite roads and access roads shall be minimized at all times to limit nuisances. Dust shall be controlled to meet the requirements of Article 1 (9VAC5-40-60 et seq.) of Part II of 9VAC5-60.

e. The owner or operator shall prepare, implement, and enforce a safety program and a fire prevention and suppression program designed to minimize hazards.

f. Open burning shall be prohibited on the facility property.

g. Leachate or other runoff from the facility shall not be permitted to drain or discharge directly into surface waters, unless authorized by a VPDES permit.

h. Designed buffer zones shall be maintained.

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

a. Noncompostable or other undesirable solid waste shall be segregated from the material to be composted. Solid waste that is not composted, salvaged, reused, or sold must be disposed at a permitted solid waste management facility authorized to accept the waste.

b. Products will continue to be considered as solid wastes until the testing indicates that they attain finished compost standards. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity and shall be conducted in a manner consistent with SW-846, as amended, and other applicable standards. The minimum number of samples that shall be collected and analyzed is shown in the table below. Samples to be analyzed for metals shall be composited prior to the analysis.

c. All finished products will be tested for compost stability using one of the methods listed below:

(1) Temperature decline to near ambient conditions when not the result of improper management of the composting process. Composting records shall indicate schedules for turning, monitoring of moisture within the required range, and mix of composting feedstocks.

(2) Reheat potential using the Dewar Compost Self-Heating Flask. The results must indicate a stable product. Temperature rise above ambient must not exceed 10°C for stable compost. Very stable compost will not exceed 20°C above ambient.

(3) Specific oxygen uptake. To be classified as stable the product must have a specific oxygen uptake rate of less than 0.1 milligrams per gram of dry solids per hour.

(4) SolvitaTM Compost Maturity Test. To be classified as stable the product must exhibit color equal or greater than six.

(5) Carbon dioxide evolution. To be classified as stable the product must not evolve more than 1,000 milligrams of carbon dioxide per liter per day.

d. In addition to testing required of this subsection, finished products produced from any Category III and IV materials will be tested for the presence of the following organisms using the methods indicated below:

(1) Parasites. The density of viable helminth ova in the finished compost shall be less than one per four grams of total solids (dry weight basis) at the time the finished compost is prepared for sale or give away in a container for application to the land. Viable helminth ova reduction shall be demonstrated by testing the finished compost once per quarter for a period of one year. After the viable helminth ova reduction has been demonstrated for the composting process, additional helminth ova testing will not be required provided the composting operating parameters and incoming waste stream are consistent with the values or ranges of values documented during the initial helminth ova reduction demonstration. If the composting parameters or incoming waste stream change a new viable helminth ova reduction demonstration is required, and

(2) Bacteria pathogens. Either the density of fecal coliform in the finished compost shall be less than 1000 Most Probable Number (MPN) per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the finished compost shall be less than three MPN per four grams of total solids (dry weight basis) at the time the finished compost is prepared for sale or give away in a container for application to the land.

(3) Other test methods, or facility operating standards may be used in lieu of the above parasite and pathogen testing requirements as approved by the department.

e. Metals. In addition to the testing requirements contained in this subsection, all finished products produced from Category IV materials shall be analyzed for the metals shown below. The concentration of contaminants shall not exceed the following levels:

f. Designed buffer zones shall be maintained.

g. The owner or operator shall prepare an operation plan that shall include as a minimum:

(1) The description of types of wastes that will be managed at the facility. This description must properly categorize the compost feedstocks in accordance with 9VAC20-81-310 A 4. If the specific materials are not listed in that section, a discussion will be prepared that compares the materials that the facility will receive with the materials listed in the applicable feedstock category and justifies the categorization of the proposed feedstock. For each type of material an approximate C:N ratio will be provided. The expected quantity of any bulking agent or amendment will be provided (if applicable); and any expected recycle of bulking agent or compost. The plan shall include the annual solid waste input, the service area population (both present and projected if applicable), and any seasonal variations in the solid waste type and quantity;

(2) A discussion of the composting process including:

(a) For Type A compost facilities the following will be provided:

(i) A copy of the manufacturer's operating manual, and drawings and specifications of the composting unit.

(ii) A discussion of the unit's requirements for power, water supply, and wastewater removal, and the steps taken to accommodate these requirements.

(b) For Type B compost facilities the following will be provided:

(i) A description of the configuration of the composting process including compost pile sizing, and orientation, provisions for water supply, provisions for wastewater disposal, and an equipment list.

(ii) A discussion of procedures and frequency for moisture, and temperature monitoring, and aeration.

(iii) A discussion of pile formation, and feedstock proportioning and feedstock preparation;

(3) A discussion of the method and frequency of final product testing in accordance with this subsection will be provided;

(4) A schedule of operation, including the days and hours that the facility will be open, preparations before opening, and procedures followed after closing for the day;

(5) Anticipated daily traffic flow to and from the facility, including the number of trips by private or public collection vehicles;

(6) The procedure for unloading trucks (including frequency, rate, and method);

(7) A contingency plan detailing corrective or remedial action to be taken in the event of equipment breakdown; air pollution (odors); unacceptable waste delivered to the facility; spills; and undesirable conditions such as fires, dust, noise, vectors, and unusual traffic conditions;

(8) Special precautions or procedures for operation during wind, heavy rain, snow, and freezing conditions;

(9) A description of the ultimate use for the finished compost, method for removal from the site, and a plan for use or disposal of finished compost that cannot be used in the expected manner due to poor quality or change in market conditions;

(10) A discussion of inspections in accordance with subdivision 2 h (3) of this subsection; and

(11) A discussion of records to be maintained in accordance with 9VAC20-81-350.

h. Maintenance.

(1) Facility components shall be maintained and operated in accordance with the permit and intended use of the facility.

(2) Adequate numbers, types, and sizes of properly maintained equipment shall be available at the facility during all hours of operation to prevent curtailment of operations because of equipment failure except under extraordinary conditions beyond the control of the facility's owner or operator.

(3) The facility owner or operator shall monitor and inspect the facility for malfunctions, deteriorations, operator errors, and discharges that may cause a release to the environment or a threat to human health. The facility owner or operator shall promptly remedy any deterioration or malfunction of equipment or structures or any other problems revealed by the inspections to ensure that no environmental or human health hazard develops. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.

(4) The amount of compost stored at the facility shall not exceed the designed storage capacity.

i. Leachate or other runoff from the facility shall not be permitted to drain or discharge directly into surface waters, unless authorized by a VPDES permit.

B. Solid waste transfer stations.

1. No uncontainerized putrescible solid waste shall remain at the transfer station at the end of the working day.

2. A written operating plan shall be prepared covering at the minimum:

a. Facility housekeeping, procedures for detection of regulated hazardous and medical wastes, onsite traffic control, schedules for waste delivery vehicle flow, wastewater collection, storm water collection, vector control, odor control, noise control, and methods of enforcement of traffic flow plans for the waste delivery vehicles; and/or

b. The process rate of the facility, the capacities of any waste storage areas, and the ultimate disposal location for all facility-generated waste residue.

3. A written contingency plan shall be prepared for a transfer station covering operating procedures to be employed during periods of nonoperation. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities.

4. Leachate and wash water from a transfer station shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES permit issued pursuant to 9VAC25-31.

5. No regulated hazardous wastes shall be accepted for processing unless they are received under the provisions of a hazardous waste permit or they are specifically exempted by the provisions of the Virginia Hazardous Waste Management Regulations (9VAC20-60). Storage of household hazardous waste at facilities designed in accordance with 9VAC20-81-330 B 6 shall be accomplished in accordance with the requirements of 40 CFR 261.173, as amended. Storage in such facilities may not exceed one year.

C. Centralized waste treatment facilities.

1. All incoming waste shall begin treatment at the solidification facility by the end of the working day.

2. Facilities engaged in the solidification of petroleum contaminated sludge shall perform the analyses required by 9VAC20-81-660 C.

3. A written operating plan shall be prepared covering at the minimum:

a. Facility housekeeping, schedules for waste delivery vehicle flow, wastewater collection, storm water collection, vector control, odor control, and noise control.

b. A description of methods to determine the characteristics of the treated waste, frequency of testing and the action the facility owner or operator will take whenever the material fails to meet applicable standards.

c. The process rate of the facility, the capacities of any storage areas, and the ultimate disposal location(s).

d. For facilities engaged in the reclamation of soil, a description of the methods and frequencies of analysis of the reclaimed product shall be provided as required by 9VAC20-81-660.

4. A written contingency plan shall be prepared to establish operating procedures to be employed during periods of nonprocessing. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities. The plan will include emergency loading, unloading, storage, transfer, or other disposal capabilities to be used when the facility downtime exceeds 24 hours.

5. Leachate and wash water from a centralized waste treatment facility shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES Permit issued pursuant to 9VAC25-31.

6. Inspection and leak detection monitoring records shall be maintained and made available upon request for the lifetime of the treatment facility.

D. Materials recovery facilities.

1. No uncontainerized putrescible waste shall remain at the materials recovery facility at the end of the working day.

2. Facilities engaged in the reclamation of petroleum contaminated soils shall perform the analyses required by 9VAC20-81-660.

3. A written operating plan shall be prepared covering at the minimum:

a. Facility housekeeping, onsite traffic control, schedules for waste delivery vehicle flow, wastewater collection, storm water collection, vector control, odor control, noise control, and methods of enforcement of traffic flow plans for the waste delivery vehicles.

b. A description of methods to determine the usefulness of the recovered material, frequency of testing, and the action the facility owner or operator will take whenever the material fails the standards applicable to the recovered product and must be disposed of as waste.

c. The process rate of the facility, the capacities of any waste storage areas, the expected daily quantity of waste residue generation, and the ultimate disposal location for all facility generated waste residue.

d. For facilities engaged in the reclamation of soil, a description of the methods and frequencies of analysis of the reclaimed product shall be provided as required by 9VAC20-81-660.

e. For facilities that store waste tires, the provisions of 9VAC20-81-640 B, C, and D, as applicable.

4. A written contingency plan shall be prepared for a materials recovery facility covering operating procedures to be employed during periods of nonprocessing. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities. The plan will include emergency loading, unloading, storage, transfer, or other disposal capabilities to be used when the facility downtime exceeds 24 hours.

5. Leachate and wash water from a materials recovery facility shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES Permit issued pursuant to 9VAC25-31.

E. Waste to energy and incineration facilities.

1. Unprocessed incoming waste, facility process waste residues and effluents, and recovered materials, if applicable, shall be stored in bunkers, pits, bins, or similar containment vessels and shall be kept at all times at levels that prevent spillage or overflow. Any waste materials temporarily stored on the facility's tipping floor shall be stored as stated above by the end of the working day, or other time frame approved by the director.

2. A written operating plan shall be prepared covering at the minimum facility housekeeping, onsite traffic control, process rate, schedules for waste delivery vehicle flow, wastewater collection, storm water collection, vector control, odor control, noise control, and methods of enforcement of traffic flow plans for the waste delivery vehicles.

3. The owner or operator shall implement waste receiving area control procedures that provide for the inspection of the incoming waste stream for the purpose of removing unprocessible or potentially explosive materials prior to the initiation of processing. In addition, the inspection shall effectively prevent the acceptance of unauthorized waste types by inspecting a minimum of 1.0% of the incoming loads of waste. If the facility receives waste generated outside of Virginia and the regulatory structure in the originating jurisdiction allows for the disposal of wastes at landfills or the incineration of wastes that are prohibited or restricted by Virginia's laws and regulations prohibit, a minimum of 10% of the incoming loads of waste from those jurisdictions shall be inspected. These procedures and necessary contingency plans shall be incorporated into the facility's operating manual.

4. A written contingency plan shall be prepared for a waste to energy facility covering operating procedures to be employed during periods of nonoperation. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities.

5. Leachate and wash water from an waste to energy facility shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES Permit issued pursuant to the State Water Control Board regulation (9VAC25-31).

6. Arrangements for disposal of facility-generated waste shall be established and maintained throughout the life of the waste to energy or incineration facility.

7. Chemical analyses of residues.

a. The owner or operator shall perform a chemical analyses of all residual ash, in accordance with the conditions of the solid waste management facility permit and current solid waste management regulations.

b. Samples and measurements taken for this purpose shall be representative of the process or operation and shall be performed in accordance with the procedures outlined in "Test Methods for Evaluating Solid Waste - Physical/Chemical Methods," EPA publication SW-846. At a minimum the sampling shall include analyses for toxicity and shall be performed at the frequency specified in the facility's permit.

c. The department may require the operator to perform additional analyses on ash removed from exhaust gases and collected by emission control equipment at a frequency established by the department in the facility's permit.

d. A report containing the following information shall be submitted to the department within 90 days of sample collection:

(1) The date and place of sampling and analysis;

(2) The names of the individuals who performed the sampling and analysis;

(3) The sampling and analytical methods utilized;

(4) The results of such sampling and analyses; and

(5) The signature and certification of the report by an authorized agent for the facility.

F. Waste piles.

1. No putrescible solid waste shall remain at the storage or treatment facility at the end of the working day unless it is stored in lined or covered waste storage areas, or interim transportation vehicles (trailers, roll-off containers) designed specifically for storage.

2. A written operating plan for the waste management facility shall be prepared covering at the minimum:

a. Facility housekeeping, onsite traffic control, schedules for waste delivery vehicle flow, wastewater/leachate collection, storm water collection, vector control, odor control, dust suppression, noise control, and methods of enforcement of traffic flow plans for the waste delivery vehicles.

b. A description of types of wastes that will be managed at the facility, of the storage or treatment activity, of any required testing including test methods and frequencies, and sampling techniques.

c. A description of the management and disposition of waste materials will be provided that addresses waste materials that are undesirable and will not be received at the facility.

d. Descriptions of first-in, first-out waste management procedures to ensure that the oldest waste materials being stored are sent offsite for re-use or disposal prior to newer materials.

e. A fire prevention and suppression program designed to minimize hazards when storing organic waste streams.

3. A written contingency plan shall be prepared covering operating procedures to be employed during periods of nonoperation. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities.

4. Leachate and run-off that have been in contact with the contents of the waste pile shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES permit issued pursuant to 9VAC25-31.

5. Collection and holding facilities associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

6. If the pile contains any particulate matter that may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the pile to control wind dispersal.

7. While a waste pile is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:

a. Deterioration, malfunctions, or improper operation of run-on and run-off control systems;

b. Proper functioning of wind dispersal control systems, where present; and

c. The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

8. Incompatible wastes, or incompatible wastes and materials shall not be placed in the same pile.

9. Roads serving the unloading, treatment, and storage areas shall be maintained to be passable in all weather by ordinary vehicles when the facility is operating. All operation areas and units shall be accessible.