Chapter 20. Waste Management Facility Operators Regulations
Part I
General
18VAC155-20-10. Definitions.
The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:
"Board" means the Board for Waste Management Facility Operators.
"Class I license" means the authorization from the board to act as a waste management facility operator of a transfer station, a material recovery facility, an experimental facility, a composting facility, a centralized waste treatment facility, a surface impoundment or lagoon, a waste pile, a remediation waste management unit, or a miscellaneous unit.
"Class II license" means the authorization from the board to act as a waste management facility operator of a sanitary landfill, an industrial landfill, or a construction/demolition/debris (CDD) landfill.
"Class III license" means the authorization from the board to act as a waste management facility operator of a regulated medical waste management facility.
"Class IV license" means the authorization from the board to act as a waste management facility operator of a municipal waste combustion unit, a waste-to-energy facility, or an incineration facility.
"Contact hour" means 50 minutes of participation in a group program or 60 minutes of completion time for a project.
"Department" means the Department of Professional and Occupational Regulation.
"Municipal solid waste" means that waste that is defined as "municipal solid waste" in 9VAC20-81-10.
"Operation" means any waste management facility that is under construction, treating, processing, storing, or disposing of solid waste, or in the act of securing a facility for closure as defined in 9VAC20-81-10.
"Solid waste" means any of those materials defined as solid waste in 9VAC20-81-95.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR674-01-02 § 1.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 33, Issue 9, eff. February 1, 2017; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-20. (Repealed.)
Historical Notes
Derived from VR674-01-02 § 1.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.
18VAC155-20-30. (Repealed.)
Historical Notes
Derived from VR 674-01-02 § 1.3, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.
18VAC155-20-40. Fees.
A. All fees are nonrefundable and will not be prorated.
B. An application is not complete and will not be processed without the required fee.
1. The application fee for licensure is $75.
2. The fee for renewal of licensure is $50.
3. The fee for late renewal of licensure is $75.
4. The fee for reinstatement of licensure is $125.
5. The examination fee is charged to the applicant by an outside vendor competitively negotiated and contracted for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the applicant in accordance with this contract.
C. Receipt and deposit of fees submitted with applications do not indicate licensure.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 1.4, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 13, Issue 4, eff. December 11, 1996; Volume 15, Issue 13, eff. May 1, 1999; Volume 16, Issue 14, eff. May 1, 2000; Volume 27, Issue 11, eff. April 1, 2011; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-50. Change of status.
A. Each licensee must provide written notification of any change of address to the department within 30 days.
B. Each licensee must provide written notification and proof of any change of name to the department within 30 days.
C. The license issued by the board will not be transferred or otherwise reassigned.
Statutory Authority
§ 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 1.5, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-60. (Repealed.)
Historical Notes
Derived from VR 674-01-02 §§ 2.1 to 3.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.
Part II
Licensure
18VAC155-20-100. (Repealed.)
Historical Notes
Derived from VR 674-01-02 § 4.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.
18VAC155-20-110. License classification.
A. The applicant must apply for at least one classification of license as outlined in this subsection:
1. An individual operating a facility regulated under Solid Waste Management Regulations (9VAC20-81), as a transfer station, a materials recovery facility, an experimental facility, a composting facility, a centralized waste treatment facility, a surface impoundment or lagoon, a waste pile, a remediation waste management unit, or a miscellaneous unit must hold a Class I license. An individual who has obtained a Class II, III, or IV license may also operate a facility listed under Class I.
2. An individual operating a facility that is defined in 9VAC20-81-10 as a sanitary landfill, industrial waste landfill, or construction/demolition/debris (CDD) landfill must hold a Class II license.
3. An individual operating a facility regulated under Regulated Medical Waste Management Regulations (9VAC20-121) must hold a Class III license.
4. An individual operating a facility defined in 9VAC5-40-6560 as a municipal waste combustion unit or a facility regulated under 9VAC20-81 as a waste-to-energy facility or incineration facility must hold a Class IV license.
B. A licensee may not operate a facility outside of the licensee's classification other than that defined by subdivision A 1 of this section.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 4.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 33, Issue 9, eff. February 1, 2017; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-120. Qualifications for licensure.
A. Every applicant to the Board for Waste Management Facility Operators for licensure must meet the requirements and have the qualifications provided in this subsection.
1. The applicant must be at least 18 years of age.
2. Unless otherwise exempt, the applicant must have successfully completed a basic training course approved by the board. Additionally, an applicant for a Class II, III, or IV license must complete a training course approved by the board specific to the license for which the individual applies.
3. Unless exempt, the applicant must have passed the applicable examination provided by the board or by a testing organization acting on behalf of the board.
4. Each applicant must document a minimum of six months of verified operational experience with a waste management facility of the same class for which the individual applies. Experience claimed on the application for licensure must be verified by the individual's supervisor or personnel officer. Individuals who are under contract with a facility owner may obtain a letter from the facility owner to verify experience.
5. Applicants certified or licensed as waste management facility operators by governing bodies outside of the Commonwealth of Virginia are considered to be in compliance with this chapter if the board or the board's designee has determined the certifying system to be substantially equivalent to the Virginia system.
6. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose a conviction in any jurisdiction of any non-marijuana misdemeanor within the last three years or felony within the last 10 years. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
7. The applicant must report suspensions, revocations, or surrender of a certificate or license in connection with a disciplinary action. The applicant must report if a license has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure to any applicant based on prior suspensions, revocations, or surrender of certifications or licenses based on disciplinary action by any jurisdiction.
B. The board may make further inquiries and investigations with respect to the qualifications of the applicant.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 4.3, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 38, Issue 5, eff. December 1, 2021; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-130. Application procedures.
Application must be made on forms supplied by the department, and application forms must be completed in accordance with the instructions on the forms. Failure to provide a complete application and all applicable addenda may result in a denial of the application.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 4.4, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-140. Examinations.
A. Applicants will be approved to sit for the examination for licensure once all training and experience requirements have been satisfied and documentation pertaining to all other qualifications has been received by the board.
B. An applicant must follow all rules established by the board or by the testing service acting on behalf of the board with regard to the conduct at the examination site. Such rules include any written instructions communicated prior to the examination date and any instructions given at the site on the date of the exam.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 4.5, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 27, Issue 11, eff. April 1, 2011; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-150. (Repealed.)
Historical Notes
Derived from VR 674-01-02 § 4.6, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.
Part III
Renewal of License
18VAC155-20-160. Procedures for renewal.
A. Licenses issued under this chapter expire two years from the last day of the month in which the license was issued as indicated on the license.
B. The board will send a renewal notice to the licensee at the address on file with the board outlining the fee and procedures for license renewal. Failure to receive notice from the department does not relieve the licensee from the requirement to renew the license.
C. The date the required fee is received by the department or the department's agent will be used to determine whether a penalty fee or the requirement for reinstatement of a license is applicable.
D. As a condition of renewal or reinstatement, all individuals holding a license must satisfactorily complete six hours of continuing education from a provider approved by the board in accordance with the provisions of this chapter, except that no continuing education is required for the first renewal after the issuance of the initial license to an individual.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 5.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-170. (Repealed.)
Historical Notes
Derived from VR 674-01-02 § 5.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.
18VAC155-20-175. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.
18VAC155-20-180. Late renewal.
If the renewal fee, as provided for in 18VAC155-20-40 B 2, is not received by the department within 30 days after the expiration date noted on the license, the late renewal fee provided for in 18VAC155-20-40 B 3 is required.
Statutory Authority
§ 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 5.3, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-190. Reinstatements.
If the licensee fails to renew the license within six months following the expiration date, the licensee will be required to apply for reinstatement of the license. The application fee for reinstatement of a license will be the amount provided for in 18VAC155-20-40 B 4. An individual who has not been reinstated within two years after expiration of the license must reapply as a new applicant. The new applicant must provide evidence of satisfactory completion of the training course required by this chapter and pass the examination as determined by the board.
Statutory Authority
§ 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 5.4, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-200. Board discretion to deny renewal or reinstatement.
The board may deny renewal or reinstatement of a license for the same reasons as it may refuse an initial license or discipline a licensee.
Statutory Authority
§ 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 5.5, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000.
18VAC155-20-210. Status of licensure during the period prior to reinstatement.
A. Reinstated licenses are regarded as having been continuously licensed without interruption. Therefore, the holder of the reinstated license will remain under the disciplinary authority of the board during this entire period and may be held accountable for any activities during this period.
B. Licenses that are not renewed or reinstated are regarded as expired from the date of the expiration forward.
C. Nothing in this chapter divests the board of its authority to take disciplinary action for a violation of the law or regulations during the period of time for which an individual was licensed.
Statutory Authority
§ 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 5.6, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 41, Issue 15, eff. July 1, 2025.
Part IV
Training Requirements
18VAC155-20-220. Education courses.
A. All training and continuing education courses must be completed through accredited colleges, universities, junior and community colleges, Virginia Apprenticeship Council programs, proprietary schools approved by the Virginia Department of Education, or other programs approved by the board.
B. All courses for which credit for pre-license education is sought must be related to the operation of the class of waste management facility for which the course is being offered and must be approved by the board.
C. All courses for which credit for continuing education is sought must be related to the operation of the class of waste management facility for which the course is being offered and may be reviewed by the board.
D. Each provider of a pre-license education course or person submitting a course for continuing education credit must submit an application for approval on a form provided by the board. The application must include:
1. The name of the provider;
2. Provider contact person, address, and contact information;
3. Course contact hours;
4. Schedule of courses, if established, including dates, times, and locations;
5. Course syllabus; and
6. Instructor information, including name, license number if applicable, education and training background, and a list of other appropriate trade designations or training certifications.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 6.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-230. Training records.
An approved training provider must retain records for all participants for a period of five years and must maintain a written policy on the retention and release of records. All records pertaining to the approved training and participants must be made available to the board immediately upon request.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 6.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-235. Denial or withdrawal of approval.
The board may deny or withdraw the approval of any training or continuing education course for the following reasons:
1. Courses being offered no longer meet the standards established by the board;
2. The course provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way;
3. The course provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records or fails to produce records required by the board; or
4. The course provider fails to maintain student course completion records for a minimum of five years.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-240. (Repealed.)
Historical Notes
Derived from VR 674-01-02 §§ 6.3 to 7.3, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.
Part V
Disciplinary Action
18VAC155-20-280. Grounds for denial of application, denial of renewal, or discipline.
A. The board may (i) deny an application for and deny renewal of a license or training course approval, (ii) revoke or suspend a license or training course approval, or (iii) discipline a licensee or an approved training provider who is found to be in violation of the statutes or regulations governing the practice of licensed waste management facility operators.
B. Any individual whose license is revoked under this section must meet all education, examination, experience, and training requirements, complete the application, and submit the required fee for consideration as a new applicant.
C. The board will conduct disciplinary procedures in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 8.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-285. Prohibited acts.
Any of the following are cause for disciplinary action:
1. Violating or inducing another to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia or any provision of this chapter.
2. Obtaining or renewing a license through fraudulent means or misrepresentation.
3. Having been found guilty by the board, an administrative body, or a court of any material misrepresentation in the course of performing operating duties.
4. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of jurisdiction, of any felony or any violation that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom, or the time of appeal having elapsed.
5. Failing to inform the board in writing within 30 days of pleading guilty to, pleading nolo contendere to, being convicted of, or being found guilty of (i) any felony or (ii) any violation that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
6. Gross negligence or a continued pattern of incompetence in the practice of a waste management facility operator.
7. Violating the permit conditions for the facility or violating federal, state, or local laws or regulations, which resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
8. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 32, Issue 22, eff. August 1, 2016; amended, Virginia Register Volume 41, Issue 15, eff. July 1, 2025.
18VAC155-20-290. (Repealed.)
Historical Notes
Derived from VR 674-01-02 § 8.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.
Forms (18VAC155-20)
Experience Verification Form, A438-46EXP-v5 (rev. 10/2013)
Examination Site Conduct Agreement Form (rev. 2/2013)
Education Verification Form, A438-46ED (rev. 7/2012)
License Application, A438-4605LIC v11 (rev. 7/2025)
Universal License Recognition Application, A438-4605ULR v3 (rev. 7/2025)
Training Course Approval Application, A438-46CRS-v4 (rev. 8/2016)