Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 81. Solid Waste Management Regulations
7/5/2020

9VAC20-81-710. Solid Waste Classification Exemption Procedure.

A. Applicability.

1. A person who uses, reuses, or reclaims waste that is managed entirely within the Commonwealth may apply to the department to exclude the waste at a particular site from the classification as the solid waste (see Part II of this chapter). The conditions under which an application for a variance will be accepted are shown in 9VAC20-81-710 B. The wastes excluded under such applications may still, however, remain classified as a solid waste for the purposes of other regulations issued by the Virginia Waste Management Board or other agencies of the Commonwealth.

2. A person who uses, reuses, or reclaims materials from a generating site outside the Commonwealth and who causes them to be brought into the Commonwealth for use, reuse, or reclamation shall first obtain favorable decision from the appropriate authorities in that state before the waste may be considered for an exemption by the director.

B. Conditions for an exemption. As the result of an application and in accordance with the standards and criteria in 9VAC20-81-710 C and the procedures in 9VAC20-81-760, the director may determine on a case-by-case basis that the following used, reused, or reclaimed materials are exempt for the purposes of this chapter:

1. Materials that are accumulated speculatively without sufficient amounts being used, reused or reclaimed (9VAC20-81-95);

2. Materials that are reclaimed and then reused within the original primary production process in which they were generated;

3. Materials that have been reclaimed but shall be reclaimed further before the materials are completely recovered; and

4. Materials that are reclaimed and then reused in applications involving their placement into land.

C. Standards and criteria for exemptions.

1. The director may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being used, reused, or reclaimed if the applicant demonstrates that sufficient amounts of the material will be used, reused, or reclaimed or transferred for recycling use, reuse, or reclamation in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The director's decision will be based on the following standards and criteria:

a. The manner in which the material is expected to be used, reused, or reclaimed, and when the material is expected to be used, reused, or reclaimed, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material, or contractual arrangement for use, reuse, or reclamation);

b. The reason that the applicant has accumulated the material for one or more years without use, reuse, or reclamation of 75% of the volume accumulated at the beginning of the year;

c. The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is used, reused, or reclaimed;

d. The extent to which the material is handled to minimize loss; and

e. Other relevant factors.

2. The director may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original primary production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on the following criteria:

a. How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials;

b. The prevalence of the practice on an industrywide basis;

c. The extent to which the material is handled before reclamation to minimize loss;

d. The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process;

e. The location of the reclamation operation in relation to the production process;

f. Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form;

g. Whether the person who generates the material also reclaims it; and

h. Other relevant factors.

3. The director may grant requests for a variance from classifying as a solid waste those materials that have been reclaimed but shall be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is commodity-like (even though it is not yet a commercial product, and has to be reclaimed further). This determination will be based on the following factors:

a. The degree of processing the material has undergone and the degree of further processing that is required;

b. The value of the material after it has been reclaimed;

c. The degree to which the reclaimed material is like an analogous raw material;

d. The extent to which an end market for the reclaimed material is guaranteed;

e. The extent to which the reclaimed material is handled to minimize loss; and

f. Other relevant factors.

4. The director may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused in applications involving placement into land. This determination will be based on the following factors:

a. How economically advantageous is the utilization process using reclaimed materials compared to the virgin materials;

b. The prevalence of the practice on an industrywide basis;

c. The extent to which the material is handled before reclamation to minimize loss;

d. The location of the generating and reclamation operations in relation to the utilization process;

e. The chemical and physical characteristics of the material prior and after the reclamation process;

f. An estimate of the rate of annual usage of the reclaimed material;

g. Whether the person who generates the material also reclaims it;

h. Proximity of emplaced materials to ground and surface waters; and

i. Other factors relevant to public health and the environment.

Statutory Authority

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

Historical Notes

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

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.