9VAC20-50-70. Goal of board.

Article 3. Prohibition on Siting

Article 3
Prohibition on Siting

The goal of the board and this chapter is to protect the public health, quality of life and environment of the Commonwealth in Virginia from the improper siting of hazardous waste treatment, storage or disposal facilities. In achieving this goal, the board has determined that hazardous waste treatment, storage and disposal facilities should not be placed in certain specific locations of the state because of the environmentally sensitive nature of such locations and increased risk to health and environment by the placement of a hazardous waste facility in such locations. The criteria listed below and others as required by the board must be evaluated in the applicant's impact analysis.

A. No hazardous waste facility shall be sited in wetlands.

B. No hazardous waste facility shall be sited in a 100-year flood plain, or such larger area which the flood of record may have inundated, except as provided at commercial port facilities as provided in 9VAC 20-50-80 A 6.

C. Underground injection of hazardous waste is not allowed in accordance with Virginia Hazardous Waste Management Regulations, 9VAC20-60.

D. No hazardous waste facility shall be sited in an area vulnerable to flooding resulting from dam failure. See definition of "Dam-related flood hazard areas."

E. No hazardous waste facility shall be sited over a sinkhole or less than 100 feet above a solution cavern beneath the facility associated with karst topography.

F. Facilities shall not be sited within areas designated by the National Park Service in the Registry of Natural Landmarks or sites listed on the National Register of Historic Places, and the Virginia Landmarks Register, unless the statute under which the designation of listing has been made authorizes the operation of such facilities in such areas.

G. Facilities shall not be sited in state, county and municipal parks, units of the National Park System, national recreation areas, state forests, the George Washington and Jefferson National Forests, state game lands, national wildlife refuges or national fish hatcheries unless the agency administering such lands has been given authority by statute or ordinance to allow the operation of such facilities on such lands.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.

Historical Notes

Derived from VR672-01-5 § 2.3, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005.

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