Part II. General Information and Legislative Authority
9VAC20-70-20. (Repealed.)
Historical Notes
Derived from VR672-20-1 § 2.1, eff. July 22, 1987; repealed, Virginia Register Volume 14, Issue 6, eff. January 7, 1998.
9VAC20-70-30. Purpose of chapter.
A. The purpose of this chapter is to assure that owners and operators of permitted or unpermitted waste management facilities identified in 9VAC20-70-50 A are financially responsible for the closure, post-closure care and corrective action at their facilities, as applicable.
B. This chapter establishes standards and procedures for financial assurance to be used in the issuance and continuation of permits to construct, operate, modify, close, or provide post-closure care and to be used in the performance of corrective actions or in formulation of enforcement documents issued by the department.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of Virginia.
Historical Notes
Derived from VR672-20-1 § 2.2, eff. July 22, 1987; amended, Virginia Register Volume 14, Issue 6, eff. January 7, 1998.
9VAC20-70-40. (Repealed.)
Historical Notes
Derived from VR672-20-1 § 2.3, eff. July 22, 1987; repealed, Virginia Register Volume 14, Issue 6, eff. January 7, 1998.
9VAC20-70-41. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 14, Issue 6, eff. January 7, 1998; repealed, Virginia Register Volume 18, Issue 3, eff. November 21, 2001.
9VAC20-70-50. Applicability of chapter.
A. This chapter applies to all persons who own, operate, or allow the following permitted or unpermitted facilities to be operated on their property:
1. Solid waste treatment, transfer and disposal facilities regulated under the Virginia Solid Waste Management Regulations (9VAC20-81);
2. Vegetative waste management facilities regulated under the Solid Waste Management Regulations (9VAC20-81);
3. Medical waste treatment, transfer or disposal facilities regulated under the Regulated Medical Waste Management Regulations (9VAC20-121); or
4. Receiving facilities as defined herein.
B. Exemptions.
1. Owners or operators of facilities who are federal or state government entities whose debts and liabilities are the debts or liabilities of the United States or the Commonwealth, are exempt from this chapter;
2. Owners and operators of facilities conditionally exempt under 9VAC20-81-95 of the Solid Waste Management Regulations are exempt from this chapter so long as they meet the conditions of the exemption;
3. Owners and operators of facilities that manage solely wastes excluded or conditionally exempt under 9VAC20-81-95 of the Solid Waste Management Regulations are exempt from this chapter;
4. Owners or operators of facilities conditionally exempt under 9VAC20-121-90 D or 9VAC20-121-300 E or excluded under 9VAC20-121-90 C of the Regulated Medical Waste Management Regulations (9VAC20-121) are exempt from this chapter;
5. Owners and operators of yard waste composting facilities exempt under 9VAC20-81-95 of the Solid Waste Management Regulations are exempt from this chapter; and
6. Owners and operators of hazardous waste management units regulated under the Virginia Hazardous Waste Management Regulations (9VAC20-60) are exempt from this chapter as far as such units are concerned.
C. Owners and operators of facilities or units that treat or dispose of wastes which are exempted from the Virginia Hazardous Waste Management Regulations (9VAC20-60) are subject to these regulations unless also exempted herein.
D. Facilities with separate ownership and operation. If separate, nonexempt persons own and operate a facility subject to this chapter, the owner and operator shall be jointly and severally liable for meeting the requirements of this chapter. If either the owner or operator is exempt, as provided in 9VAC20-70-50 B, then the other person shall be liable for meeting the requirements of this chapter. If both the owner and the operator are exempt, as provided in 9VAC20-70-50 B, then the requirements of this chapter are not applicable to that facility.
E. Exemptions for facilities owned and operated by local governments.
1. Closed facilities. Owners and operators of facilities who are local governmental entities or regional authorities that have completed closure by October 9, 1994, are exempt from all the requirements of this chapter, provided they:
a. Have (i) disposed of less than 100 tons per day of solid waste during a representative period prior to October 9, 1993; (ii) disposed of less than 100 tons per day of solid waste each month between October 9, 1993, and April 9, 1994; (iii) ceased to accept solid waste prior to April 9, 1994; and (iv) whose units are not on the National Priority List as found in Appendix B to 40 CFR Part 300; or
b. Have (i) disposed of more than 100 tons per day of solid waste prior to October 9, 1993, and (ii) ceased to accept solid waste prior to that date.
2. All other facilities. Owners and operators of facilities who are local governmental entities or regional authorities that are not exempt under subdivision 1 of this subsection are subject to the requirements of this chapter.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of Virginia.
Historical Notes
Derived from VR672-20-1 § 2.4, eff. July 22, 1987; amended, Virginia Register Volume 14, Issue 6, eff. January 7, 1998; Volume 18, Issue 3, eff. November 21, 2001; Volume 27, Issue 22, eff. August 3, 2011; Volume 40, Issue 5, eff. November 22, 2023.
9VAC20-70-60. Enforcement and appeal procedures; offenses and penalties.
A. An enforcement action commences with a notice from the department or its representative that there is information indicating that a named party (i) is or may be in violation of a law or regulation; or (ii) is not or may not be in compliance with any existing requirement for obtaining or retaining a permit or other benefit or right. The commencement of an enforcement action is not a case decision. An enforcement action ends when a case decision becomes final, either administratively or on court review.
B. All administrative enforcement actions taken under this chapter are subject to the provisions of the Waste Management Act and § 10.1-1186 of the Code of Virginia. All appeals taken from actions of the director relative to the provisions of § 10.1-1457 of the Virginia Waste Management Act and this chapter shall be governed by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
C. Orders. The director is authorized to issue orders to require any person to comply with this chapter as stated or to require such steps he deems necessary to bring about compliance.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of Virginia.
Historical Notes
Derived from VR672-20-1 § 2.5, eff. July 22, 1987; amended, Virginia Register Volume 14, Issue 6, eff. January 7, 1998; Volume 18, Issue 3, eff. November 21, 2001.
9VAC20-70-70. Suspensions and revocations.
The director may revoke, suspend, or amend any permit for cause as set in § 10.1-1409 of the Code of Virginia and as provided for in 9VAC20-81-570 and 9VAC20-81-600 of the Solid Waste Management Regulations, 9VAC20-121-310 and 9VAC20-121-320 of the Regulated Medical Waste Management Regulations, and any other applicable regulations. Failure to provide or maintain adequate financial assurance in accordance with these regulations shall be a basis for revocation of such facility permit. Failure to provide or maintain adequate financial assurance in accordance with this chapter, taken with other relevant facts and circumstances, may be a basis for summary suspension of such facility permit pending a hearing to amend or revoke the permit, or to issue any other appropriate order.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of Virginia.
Historical Notes
Derived from VR672-20-1 § 2.6, eff. July 22, 1987; amended, Virginia Register Volume 14, Issue 6, eff. January 7, 1998; Volume 18, Issue 3, eff. November 21, 2001; Volume 27, Issue 22, eff. August 3, 2011; Volume 40, Issue 5, eff. November 22, 2023.
9VAC20-70-75. Forfeitures.
Forfeiture of any financial obligation imposed pursuant to this chapter shall not relieve any owner or operator of a solid waste management facility from any obligations to comply with provisions of the Solid Waste Management Regulations (9VAC20-81) or the Regulated Medical Waste Management Regulations (9VAC20-121), and any other applicable regulations or any other legal obligations for the consequences of abandonment of any facility.
Statutory Authority
§§ 10.1-1402 and 10.1-1410 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 14, Issue 6, eff. January 7, 1998; amended, Virginia Register Volume 18, Issue 3, eff. November 21, 2001; Volume 27, Issue 22, eff. August 3, 2011; Volume 40, Issue 5, eff. November 22, 2023.