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Virginia Administrative Code
Title 9. Environment
11/21/2024

9VAC20. Virginia Waste Management Board

VAC AGENCY NO. 20

VIRGINIA WASTE MANAGEMENT BOARD

AGENCY SUMMARY

The Virginia Waste Management Board is responsible for carrying out the purposes and provisions of the Virginia Waste Management Act, Chapter 14 of Title 10.1 of the Code of Virginia, and compatible federal act provisions and is authorized to exercise general supervision and control over waste management activities in the Commonwealth. It may provide waste management technical assistance, develop and update state waste management plans, collect data in order to conduct state waste programs, promote the development of resource recovery, and apply for federal funds. The board may promulgate and enforce such regulations as may be necessary to carry out the chapter and the applicable federal acts. Code of Virginia, Title 10.1, Chapter 14, Article 1.

The board is required to provide for the use of coal combustion by-products and to establish appropriate standards for siting, design, construction, operation, and administrative procedures pertaining to their use, reuse, or reclamation. Code of Virginia, Title 10.1, Chapter 14, Article 1.

The board must promulgate financial responsibility regulations relating to the abandonment of solid waste disposal, transfer and treatment facilities and must adopt regulations specifying requirements for local and regional solid waste management plans. Code of Virginia, Title 10.1, Chapter 14, Article 2.

The board is required to promulgate regulations establishing reasonable guidelines for maintaining litter receptacles in places open to the public. The board is also required to develop and implement a plan for the testing of recycle residues and for the management and transportation of all waste tires in the Commonwealth. Code of Virginia, Title 10.1, Chapter 14, Article 3.

The board may promulgate regulations to implement and manage the Reduction of Heavy Metals in Packaging Act. Code of Virginia, Title 10.1, Chapter 14, Article 3.4.

The board may require hazardous waste generators, transporters, storers or disposers to maintain a manifest and reporting system pursuant to federal law and classify hazardous wastes in accordance with federal law, and may acquire sites to be used for hazardous waste management, and the board is required to promulgate regulations that require financial responsibility from owners of abandoned hazardous waste sites. Code of Virginia, Title 10.1, Chapter 14, Article 4.

The board has the authority to enter into agreements with the federal government, other states or interstate agencies relating to the control of radioactive waste and institute programs to train personnel for this purpose. Subject to the governor's approval, it may acquire sites for low-level waste management and convey or lease those lands subject to specified restrictions. The board may regulate the management of mixed low-level radioactive waste. Code of Virginia, Title 10.1, Chapter 14, Article 5.

The board has the power to hold public meetings or hearings on any matter related to hazardous waste facility siting. It may adopt siting criteria, grant or deny certification of facility site proposals, promulgate procedures and regulations for the facility site approval process, and charge and collect site application and certification fees. It may issue, deny, amend and revoke certification of site suitability for hazardous waste facilities and issue emergency regulations and administrative orders in the event, or imminent threat, of release of waste. The board may abate hazards and nuisances dangerous to public health, safety, and environment created by improper management of substances within board jurisdiction. Code of Virginia, Title 10.1, Chapter 14, Article 6.

The board must promulgate rules and regulations designating the manner and method by which hazardous materials are handled and transported. Code of Virginia, Title 10.1, Chapter 14, Article 7.

The board is required to promulgate regulations governing the commercial transport, loading, and off-loading of nonhazardous solid waste, municipal and industrial sludge, and regulated medical waste by ship, barge or other vessel. Code of Virginia, Title 10.1, Chapter 14, Article 7.1

The board is authorized to adopt rules and regulations that include (i) standards and procedures for the conduct of mediation and dispute resolution; (ii) the appointment and function of a neutral to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work product or other materials. Code of Virginia, Title 10.1, Chapter 11.1, Article 1.

The board is required to adopt regulations to implement a voluntary remediation program. Code of Virginia, Title 10.1, Chapter12.1.

The board is required to promulgate regulations governing the permitting of infectious waste incinerators, Chapters 751, 773, and 774 of the 1992 Acts of Assembly.

Regulations are available for inspection at the Department of Environmental Quality's office at 1111 East Main Street, Suite 1400, Richmond, VA 23219 (mailing address: P.O. Box 1105, Richmond, Virginia 23218) and at its regional offices listed individually in this title under DEQ's summary. Internet address: http://www.deq.virginia.gov.

Rev. 7/2023

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.