9VAC20-40-50. Requirement of certification and waiver.
A. No person shall construct or commence construction of a hazardous waste facility without first obtaining a certification of site approval by the board in the manner prescribed here.
An owner or operator of a facility may submit a notice of intent as prescribed in 9VAC20-40-60 or submit a request for a waiver from the procedures established in the Act and this chapter.
B. Upon receiving a written request from the owner or operator of a facility, the board may grant a waiver upon such conditions as it may determine, provided that the proposed changes to the facility are designed to:
1. Prevent a threat to human health or the environment because of an emergency situation;
2. Comply with federal or state laws and regulations promulgated after July 1, 1984; or
3. Demonstrably result in safer or environmentally more acceptable processes.
C. The waiver provisions of this chapter shall apply to existing facilities when construction is defined to be:
1. The alteration or expansion of existing structures or facilities to initially accommodate hazardous waste;
2. Any expansion of more than 50% of the area or capacity of an existing hazardous waste facility; or
3. Any change in the design or process of a hazardous waste facility that will result in a substantially different type of facility or will cause the facility to be reclassified as a higher numbered category.
D. Emergency situation.
1. Scope of waiver. The owner or operator of a facility may be permitted to make changes which are designed to prevent a threat to human health or the environment because of an emergency situation.
2. Applying for waiver. The owner or operator of the facility may obtain verbal approval from the director effective for a period up to 30 days, unless revised by the board at its next regular meeting, and, in addition, must submit the request for waiver in writing to the director. The request at a minimum must contain the following information:
a. The name and address of the owner or operator or both of the facility;
b. Location of the facility and a description of its operation;
c. Description of the circumstances creating the emergency situation;
d. Description of the resulting threat to human health or the environment or both;
e. Description of the changes to be made in the facility; and
f. Efforts to restore the facility to original conditions of certification after emergency conditions are abated.
3. The waiver. Upon receipt of the request, the director will grant or deny the request for waiver. In the event the director grants the request for waiver, such waiver is subject to the approval of the board at its next regularly scheduled meeting. If the director denies the request, the applicant may renew the request at the next regularly scheduled meeting of the board.
E. State or federal laws; more acceptable process.
1. Scope of waiver. The owner or operator of a facility may be permitted to make changes which are designed to comply with state or federal laws enacted or regulations promulgated after July 1, 1984, or changes which demonstrably result in safer or environmentally more acceptable processes.
2. Applying for waiver. The owner or operator of the facility must make the request in writing to the director. At a minimum the request must contain the following information:
a. Name and address of the owner or operator of the facility;
b. Location of the facility and a description of its operation; and
c. Either:
(1) A copy of the state or federal law or regulation necessitating the change, if applicable, and a description of the changes to be made in the facility to effect compliance with the law or regulation; or
(2) A description of the changes the owner or operator wishes to make and an analysis demonstrating the improved safety or environmental soundness resulting from the changes.
3. The waiver. At its next regularly scheduled meeting, the board will consider the request for waiver. The owner or operator or his representative should attend the meeting. At the meeting the board may:
a. Grant the request for waiver;
b. Deny the request for waiver;
c. Determine that additional information is needed from the owner or operator;
d. Decide that a public hearing is needed; or
e. Take any other action the board deems appropriate.
4. Should the board decide to hold a public hearing, it will also determine from among the following who will conduct the hearing: a member or members of the board, the director, or both, or a hearing officer appointed from outside the board. The director will give notice of the hearing to the same parties and in the same manner as described in 9VAC20-40-60 C, regarding distribution of the notice of intent. The owner or operator shall provide the director with a list of the names and addresses of all owners of property adjoining the facility. The notice of the hearing shall specify the date, time, and location of the hearing and include a copy of the request for waiver.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.
Historical Notes
Derived from VR672-01-4 § 2.1, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005; Volume 32, Issue 24, eff. August 24, 2016.
9VAC20-40-60. Contents of the notice of intent.
A. After December 31, 1984, any person may submit to the board a notice of intent to file an application for a certification of site approval. The notice shall contain:
1. Name and address of the applicant;
2. A copy of the property deed, option, or other document giving right, title, or interest to the proposed site;
3. A description of the proposed facility including a description based on its operating characteristics;
4. A USGS map showing the location of the property at a scale of one inch = 2,000 feet;
5. Names and addresses of all owners of property adjacent to the proposed site; and
6. Any state agency filing a notice of intent shall include a statement explaining why the Commonwealth desires to build a hazardous waste facility and how the public interest will be served by that.
B. Determination of completion of notice of intent. The director will review the notice of intent and determine within 45 days of its receipt whether the notice of intent is complete. If the director determines that the notice of intent is incomplete, the director shall so advise the applicant, specifying the information needed to complete the notice and designating a deadline for the correction of any deficiencies.
C. Distribution of notice of intent. Upon the determination that a notice of intent is complete, the board, at the applicant's expense, shall promptly:
1. Deliver by certified, return receipt mail a copy of the notice of intent with a copy of the Act, a copy of this chapter, and notice of the date, time, location and purpose of the briefing meeting to:
a. The governing body of each host community;
b. The governing body of each affected community;
c. State legislators elected from the areas in which the host community and affected communities are located;
d. The regional planning district commissions of the host community and the affected communities; and
e. Each person owning property immediately adjoining the site of the proposed facility.
2. Have an informative description of the notice published in a newspaper of general circulation in each host community once each week for four successive weeks. The description shall include the name and address of the applicant, a description of the proposed facility and its location, the places and times where the notice of intent may be examined, the address and telephone number of the board or other state agency from which information may be obtained, and the date, time and location of the initial public briefing meeting on the notice.
3. Copies of the notice of intent will be mailed, by electronic or postal delivery, to any person who has specifically requested such notice.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.
Historical Notes
Derived from VR672-01-4 § 2.2, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005; Volume 29, Issue 21, eff. July 17, 2013.
9VAC20-40-70. Waiver of participation by host community.
Section 10.1-1438 of the Act permits the governing body of the host community to waive further participation in the certification process. Should the governing body elect to waive participation it must notify the board in writing with a copy of its adopted resolution within 45 days of receiving the notice of intent. Although this waiver permits the board to issue a certification of site approval without further participation by the governing body of the host community, such waiver in no way restricts the rights of any other person or organization to participate in the certification process.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.
Historical Notes
Derived from VR672-01-4 § 2.3, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005.
9VAC20-40-80. Briefing meeting.
A. Not more than 75 nor less than 60 days after the delivery of the notice of intent to the host community, the board shall conduct a briefing meeting in or in reasonable proximity to the host community. Notice of the date, time, place and purpose of the briefing session shall be prepared by the board and shall accompany the notice of intent delivered pursuant to § 10.1-1437 of the Code of Virginia, and be included in the notice published pursuant to § 10.1-1437 of the Code of Virginia. At least one representative of the applicant shall be present at the briefing meeting. The primary purpose of the briefing meeting will be to provide information on the proposed site and facility and to receive comments, suggestions and questions on them from the public.
B. The board shall select from among its membership a briefing officer who will be responsible for conducting the meeting as follows:
1. The briefing officer will call the meeting to order and explain the purpose of the briefing;
2. The applicant shall be allowed to give a presentation describing the proposal and to respond to questions;
3. Persons asking questions shall be requested to state their names, addresses, and interests in the project;
4. The briefing officer shall conduct the meeting in an orderly manner while ensuring that all interested parties present are as fully briefed as possible on the proposal; and
5. A stenographic or electronic record shall be made of all briefing meetings. A transcript of the meeting, together with copies of any documents submitted at the briefing, shall be made available for inspection at the office of the board and host community during normal working hours.
C. If the board conducts additional briefing meetings, notice of such meetings shall be provided as follows:
1. Notice of the date, time, place and purpose of the meeting is delivered in writing to the applicant, each member of the governing body of the host community, and to all owners of property adjoining the proposed site at least 15 days in advance of the meeting;
2. Such notice is published once each week for at least two successive weeks in a newspaper of general circulation in the host community;
3. Such notice is broadcast over one or more radio stations within the area to be affected by the subject of the notice;
4. Such notice is mailed, by electronic or postal delivery, to each person who has asked to receive notice; and
5. Such notice is disseminated by any additional means the board deems appropriate.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.
Historical Notes
Derived from VR672-01-4 § 2.4, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005; Volume 29, Issue 21, eff. July 17, 2013; Volume 32, Issue 24, eff. August 24, 2016.
9VAC20-40-90. Impact analysis.
A. The applicant shall submit a draft impact analysis in accordance with § 10.1-1440 of the Code of Virginia and, in addition, shall furnish a copy of the draft impact analysis to each person designated in that section.
B. The draft impact analysis shall include:
1. A detailed assessment of the project's suitability with respect to the criteria.
2. A cover letter signed by the applicant.
3. An executive summary providing a brief description of the applicant's proposal, the impacts, and mitigating actions.
4. A site plan.
5. A full report addressing each of the following:
a. Effects on botanical resources;
b. Energy and water consumption;
c. Discharge of any substance, or of heat, in surface or ground waters;
d. A description of any necessary clearing, excavating, dredging, filling;
e. The types and amounts of wastes which will be accepted;
f. The process or processes to be employed including its basic characteristics and principal limitations;
g. Planned operational safeguards and monitoring of the facility following cessation of operations;
h. Emission of radiation; and
i. Solid waste disposal.
6. An ownership report containing:
a. A legal description of the applicant, including identification of all principal participants;
b. A current audited financial statement or statements prepared by a certified public accountant including the accountant's opinions;
c. A description of all liability insurance the applicant has or plans to obtain for the proposed site and facility and a description of the financial and managerial arrangements for closure and post-closure care of the site;
d. A description of the applicant's experience in the field, including any other hazardous waste facilities operated or owned currently or in the past by the applicant and details of their compliance record; and
e. A description of how the applicant intends to finance the project.
7. An appendix providing any supporting documentation.
C. The board, at the applicant's expense, shall cause notice of the filing of the draft impact analysis to be made in the manner provided in § 10.1-1447 of the Code of Virginia, within 10 days of receipt. The notice shall include (i) a general description of the analysis, (ii) a list of recipients, (iii) a description of the places and times that the analysis will be available for inspection, (iv) a description of the board's procedures for receiving comments on the analysis, and (v) the addresses and telephone numbers for obtaining information from the board.
D. The board shall allow 45 days after publication of notice for comment on the draft impact analysis. No sooner than 30 and no more than 40 days after publication of notice of the draft impact analysis, the board shall conduct a public meeting on the draft impact analysis in or near the host community. The meeting shall be for the purpose of explaining, answering questions and receiving comments on the draft impact analysis. A representative of the governing body and a representative of the applicant shall be present at the meeting.
E. The board will receive comments on the draft impact analysis pursuant to the following procedures:
1. Comments on the draft analysis may be in writing and mailed to the board within 45 days of publication of the notice for comment; and
2. Comments may be submitted in writing or by presentation before the board at the public meeting conducted pursuant to § 10.1-1444 of the Act. The meeting will be conducted in the same manner as the briefing meeting in 9VAC20-40-80 B.
F. Within 10 days after the close of the comment period, the board shall forward to the applicant a copy of all comments received on the draft impact analysis, together with its own comments.
G. The applicant shall prepare and submit a final impact analysis to the board after receiving the comments. The final impact analysis shall reflect the comments as they pertain to each of the items listed in subsection B of this section. A copy of the final impact analysis shall be provided by the applicant upon request to each of the persons who received the draft impact analysis.
H. Preparation and submission of the final impact analysis will be in accordance with § 10.1-1440 of the Code of Virginia.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.
Historical Notes
Derived from VR672-01-4 § 2.5, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005; Volume 32, Issue 24, eff. August 24, 2016.