Administrative Code

Virginia Administrative Code
11/27/2022

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 (Repealed.)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 May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff.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 shall apply for at least one classification of license as outlined in this subsection:

1. An individual operating a facility that is defined in 9VAC20-81-10 as a transfer station, a materials recovery facility receiving mixed waste, an experimental facility, or a composting facility shall 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, construction/demolition/debris (CDD) landfill, shall hold a Class II license.

3. An individual operating a facility regulated under 9VAC20-120, Regulated Medical Waste Management Regulations, shall hold a Class III license.

4. An individual operating a facility defined in 9VAC5-40-6560 as a municipal waste combustion unit shall hold a Class IV license.

B. A licensee may not operate a facility outside of his classification other than that defined by subdivision A 1 of this section.

C. An individual operating a solid waste management facility that has been issued a permit by the Department of Environmental Quality but for which the board has not established training and licensure requirements shall hold a Class I license until the board establishes the training and licensing requirements by regulation.

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.

18VAC155-20-120. Qualifications for licensure.

A. Every applicant to the Board for Waste Management Facility Operators for licensure shall meet the requirements and have the qualifications provided in this subsection.

1. The applicant shall be at least 18 years of age.

2. Unless otherwise exempt, the applicant shall have successfully completed a basic training course approved by the board. Additionally, an applicant for a Class II, III, or IV license shall complete a training course approved by the board specific to the license for which he applies.

3. Unless exempt, the applicant shall have passed the applicable examination provided by the board or by a testing organization acting on behalf of the board.

4. Each applicant shall document a minimum of one year of verified operational experience with a waste management facility of the same class for which he applies. Experience claimed on the application for licensure shall 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 shall be considered to be in compliance with this chapter if the board or its 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 shall disclose a conviction, in any jurisdiction, of any non-marijuana misdemeanor or felony. Any plea of nolo contendere shall be considered a conviction for the purpose of this subdivision. The record of conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. 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 shall report suspensions, revocations, or surrendering of a certificate or license in connection with a disciplinary action. The applicant shall 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.

18VAC155-20-130. Application procedures.

Application shall be made on forms supplied by the department, and application forms shall 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 approval. The failure to provide complete information may be interpreted as misrepresentation and may result in disciplinary action as described in 18VAC155-20-280.

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.

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 shall include any written instructions communicated prior to the examination date and any oral or written 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.

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.

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