Administrative Code

Virginia Administrative Code
11/30/2021

Part II. General Information and Legislative Authority

9VAC20-60-20. Authority for chapter.

General Information and Legislative Authority

A. This chapter is issued under Chapter 11.1 (§ 10.1-1182 et seq.) of Title 10.1 of the Code of Virginia and the Virginia Waste Management Act, Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1 of the Code of Virginia.

B. Section 10.1-1402 of the Code of Virginia assigns the Virginia Waste Management Board the responsibility for carrying out the purposes and provisions of the chapter and compatible provisions of federal acts.

Statutory Authority

§§ 10.1-1402 and Article 4 (§ 10.1-1426 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.

Historical Notes

Derived from VR672-10-1 § 2.1, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 4, eff. January 1, 1989; Volume 6, Issue 6, eff. February 1, 1990; Volume 7, Issue 16, eff. July 1, 1991; Volume 9, Issue 6, eff. January 13, 1993; Volume 9, Issue 23, eff. September 8, 1993; Volume 18, Issue 11, eff. March 13, 2002.

9VAC20-60-30. Purpose of chapter.

A. The purpose of this chapter is to provide for the control of all hazardous wastes that are generated within, or transported to, the Commonwealth for the purposes of storage, treatment, or disposal or for the purposes of resource conservation or recovery.

B. This chapter establishes a management control system that assures the safe and acceptable management of a hazardous waste from the moment of its generation through each step of management until the ultimate destruction or disposal.

C. This chapter is promulgated to meet the requirements of the Commonwealth legislative authority referenced in 9VAC20-60-20 A and will provide for a state hazardous waste program that will meet the requirements of RCRA.

Statutory Authority

§§ 10.1-1402 and Article 4 (§ 10.1-1426 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.

Historical Notes

Derived from VR672-10-1 § 2.2, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 4, eff. January 1, 1989; Volume 6, Issue 6, eff. February 1, 1990; Volume 7, Issue 16, eff. July 1, 1991; Volume 9, Issue 6, eff. January 13, 1993; Volume 9, Issue 23, eff. September 8, 1993; Volume 18, Issue 11, eff. March 13, 2002.

9VAC20-60-40. Administration of chapter.

A. The director is designated by the Act with the responsibility to carry out programs, consistent with board approval, that will comply with the requirements of the Act.

B. The board, acting on the advice of the director, will promulgate regulations to meet the requirements of the Act.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6921 et seq.; 40 CFR Parts 260 through 272.

Historical Notes

Derived from VR672-10-1 § 2.3, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 4, eff. January 1, 1989; Volume 6, Issue 6, eff. February 1, 1990; Volume 7, Issue 16, eff. July 1, 1991; Volume 9, Issue 6, eff. January 13, 1993; Volume 9, Issue 23, eff. September 8, 1993; Volume 19, Issue 18, eff. July 1, 2003.

9VAC20-60-50. Application of chapter.

A. This chapter applies to any person that generates, transports, stores, treats, or disposes of a hazardous waste.

B. All persons who notify the U.S. Environmental Protection Agency under the authorities of § 3010 of RCRA are subject to the provisions of this chapter.

C. All persons who did not notify the U.S. Environmental Protection Agency under the authorities of § 3010 of RCRA, but that generate, transport, store, treat, or dispose of a hazardous waste shall also comply with the provisions of this chapter.

Statutory Authority

§§ 10.1-1402 and Article 4 (§ 10.1-1426 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.

Historical Notes

Derived from VR672-10-1 § 2.4, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 4, eff. January 1, 1989; Volume 6, Issue 6, eff. February 1, 1990; Volume 7, Issue 16, eff. July 1, 1991; Volume 9, Issue 6, eff. January 13, 1993; Volume 9, Issue 23, eff. September 8, 1993; Volume 18, Issue 11, eff. March 13, 2002.

9VAC20-60-60. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 15, Issue 9, eff. February 17, 1999; repealed, Virginia Register Volume 18, Issue 11, eff. March 13, 2002.

9VAC20-60-70. Public participation.

A. All regulations developed under the provisions of Title 10.1 of the Code of Virginia for hazardous waste management shall be developed in accordance with the provisions of the Commonwealth of Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and the Virginia Waste Management Board Public Participation Guidelines, 9VAC20-11.

B. Modifications and revisions to all hazardous waste management facility permits, except changes to interim status, shall be subject to public participation in accordance with 9VAC20-60-270.

C. Modifications and revisions to this chapter shall be the subject of public participation as specified by the Virginia Administrative Process Act and the public participation guidelines of the board.

D. Dockets of all permitting actions, enforcement actions, and administrative actions relative to this chapter shall be available to the public for review, consistent with the Commonwealth of Virginia Administrative Process Act, the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia), and the provisions of this chapter.

E. All reports and related materials received from hazardous waste generators, transporters, and facilities, as required by this chapter, shall be open to the public for review.

F. Public participation in the compliance evaluation and enforcement programs is encouraged. The department will:

1. Investigate and provide written responses to all citizen complaints addressed to the department;

2. Not oppose intervention by any citizen in a suit brought before a court by the department as a result of the enforcement action; and

3. Publish a notice in major daily or weekly newspaper of general circulation in the area and provide at least 30 days of public comment on proposed settlements of civil enforcement actions except where the settlement requires some immediate action.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6921 et seq.; 40 CFR Parts 260 through 272.

Historical Notes

Derived from VR672-10-1 § 2.6, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 4, eff. January 1, 1989; Volume 6, Issue 6, eff. February 1, 1990; Volume 7, Issue 16, eff. July 1, 1991; Volume 9, Issue 6, eff. January 13, 1993; Volume 9, Issue 23, eff. September 8, 1993; Volume 15, Issue 9, eff. February 17, 1999; Volume 18, Issue 11, eff. March 13, 2002; Volume 19, Issue 18, eff. July 1, 2003; Volume 35, Issue 24, eff. August 23, 2019.

9VAC20-60-80. Enforcement and appeal procedures; offenses and penalties.

A. All administrative enforcement and appeals taken from actions of the director relative to the provisions of this chapter shall be governed by the Virginia Administrative Process Act.

B. Sections 10.1-1455 through 10.1-1457 of the Code of Virginia provide for penalties, enforcement and judicial review. These sections describe the right of entry for inspections, the issuance of orders, penalties, injunctions, and other provisions and procedures for enforcement of these regulations.

Statutory Authority

§§ 10.1-1402 and Article 4 (§ 10.1-1426 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia.

Historical Notes

Derived from VR672-10-1 § 2.7, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 4, eff. January 1, 1989; Volume 6, Issue 6, eff. February 1, 1990; Volume 7, Issue 16, eff. July 1, 1991; Volume 9, Issue 6, eff. January 13, 1993; Volume 9, Issue 23, eff. September 8, 1993; Volume 18, Issue 11, eff. March 13, 2002.

9VAC20-60-90. [Reserved]. (Reserved)

9VAC20-60-100. (Repealed.)

Historical Notes

Derived from VR672-10-1 §§ 3 to 3.2, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 4, eff. January 1, 1989; Volume 6, Issue 6, eff. February 1, 1990; Volume 7, Issue 16, eff. July 1, 1991; Volume 9, Issue 6, eff. January 13, 1993; Volume 9, Issue 23, eff. September 8, 1993; repealed, Virginia Register Volume 15, Issue 9, eff. February 17, 1999.

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