Virginia Law

Part IV. Other Solid Waste Management Facility Standards:
Compost Facilities; Solid Waste Transfer Stations; Centralized Waste Treatment Facilities; Materials Recovery Facilities; Waste to Energy; Incineration Facilities; Surface Impoundments and Lagoons; Waste Piles; Remediation Waste Management Units; Landfill Mining; Miscellaneous Units; and Exempt Management Facilities

9VAC20-81-300. General.

A. Any person who designs, constructs, or operates any solid waste treatment or storage facility not otherwise exempt under 9VAC20-81-95 shall comply with the requirements of this part. In addition, this part sets forth conditions that yard waste composting facilities must meet to maintain their exempt status, where applicable, under 9VAC20-81-95 D 6. Further, all applications pursuant to these standards shall demonstrate specific means proposed for compliance with requirements set forth in this part.

B. All facilities, except exempted facilities, shall be maintained and operated in accordance with the permit issued or permit-by-rule status pursuant to this regulation. All facilities shall be maintained and operated in accordance with the approved design and intended use of the facility.

C. Hazardous wastes shall not be disposed or managed in facilities subject to this regulation unless specified in the permit or by specific approval of the executive director.

D. Solid waste management facilities regulated under this part that place solid wastes or residues on site for disposal, or leave such wastes or residues in place after closure, are subject to the provisions of Part III (9VAC20-81-100 et seq.) and Part VIII (9VAC20-81-800 et seq.) of this chapter, as applicable, including:

1. Groundwater monitoring requirements in 9VAC20-81-250 or 9VAC20-81-800;

2. Closure and postclosure care requirements in 9VAC20-81-160 and 9VAC20-81-170, or 9VAC20-81-800; and

3. Permitting requirements of Part V (9VAC20-81-400 et seq.) of this chapter.

E. All other facilities shall close in accordance with the closure plan prepared per the requirements described in this part and 9VAC20-81-480, as applicable.

F. Control program for unauthorized waste. Facilities managing solid waste per activities exempted under the provisions of 9VAC20-81-95 are not required to implement the control program for unauthorized waste as provided in this section.

1. Solid waste treatment or storage facilities regulated under this part shall implement a control program for unauthorized waste in accordance with the following provisions. The owner or operator of the facility shall:

a. Place a written description of the control program for unauthorized waste in the facility's operating manual;

b. Institute a control program (including measures such as signs at all maintained access points indicating hours of operation and the types of solid waste accepted and not accepted, monitoring, alternate collection programs, passage of local laws, etc.) to assure that only solid waste authorized by the department to be managed at the solid waste management facility is being managed there; and

c. Develop and implement a program to teach the solid waste management facility's staff to recognize, remove, and report receipt of solid waste not authorized by the department to be managed at the solid waste management facilities.

2. If unauthorized waste is observed in the waste delivered to the facility prior to unloading, the owner or operator may refuse to accept the waste. If the unauthorized waste is observed in the waste delivered to the facility, the owner or operator shall segregate it, notify the generator, document the incident in the operating record, make necessary arrangements to have the material managed in accordance with applicable federal and state laws, and notify the department of the incident to include the means of proper handling. If the unauthorized waste is accepted, the owner or operator shall remove it, segregate it, and provide to the department a record identifying that waste and its final disposition. Any unauthorized waste accepted by the owner or operator shall be managed in accordance with applicable federal or state laws and regulations. Unauthorized waste that has been segregated shall be adequately secured and contained to prevent leakage or contamination to the environment. The solid waste management facility owner or operator shall have the unauthorized waste removed or properly managed as soon as practicable, but not to exceed 90 days after discovery. Removal shall be by a person authorized to transport such waste to a waste management facility approved to receive it for treatment, disposal, or transfer.

3. Owners or operators of waste to energy or incinerator facilities receiving waste generated outside of Virginia shall also comply with the increased random inspection provisions in 9VAC20-81-340 E 3.

G. Solid waste management facilities regulated under this part that store waste tires shall also adhere to the requirements of 9VAC20-81-640 for the waste tire storage.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011; Volume 32, Issue 9, eff. January 27, 2016.

9VAC20-81-310. Applicability.

A. Solid waste compost facilities.

1. The standards in this part shall apply to owners and operators of facilities producing compost from municipal solid waste/refuse or combinations of municipal solid waste/refuse with animal manures.

a. Composting facilities that employ the enclosed vessel method are referred to as Type A (confined) compost facilities. Facilities that employ the windrow or aerated static pile method are referred to as Type B compost facilities. The only composting processes that may be employed are those with prior operational performance in the United States. Any other proposed composting process shall conform to the standards contained in 9VAC20-81-395 and will require an experimental solid waste management facility permit.

b. Use of solid waste containing hazardous waste, regulated medical waste, or nonbiodegradable waste is prohibited.

2. The standards contained in this part are not applicable to composting exempt under 9VAC20-81-95.

3. The feedstocks for composting are classified on the basis of the type of waste used in the composting process. The categories of feedstocks are as follows:

a. Category I - Plant or plant-derived preconsumer materials such as:

(1) Agriculture crop residues including, but not limited to, harvesting residuals, straw, and cornstalks;

(2) Livestock feed including, but not limited to, hay, grain, silage, cottonseed meal, soybean meal;

(3) Nonfood agricultural processing waste including, but not limited to, cotton gin trash, wool carding residue, field corn cobs;

(4) Source-separated preconsumer food wastes including but not limited to wholesale and retail market residuals (e.g., overripe, damaged, or otherwise rejected fruit or vegetables, food preparation wastes including prepared but unserved foods) and institutional kitchen culls;

(5) Food processing wastes including culls, peelings, hulls, stems, pits, seed, pulp, shucks, nut shells, apple pomace, corn cobs, cranberry filter cake, olive husks, potato tops, cocoa shells, fruit and vegetable processing waste, rejected products, and bakery wastes;

(6) Source-separated clean waste paper;

(7) Vegetative waste; and

(8) Yard waste.

b. Category II - Animal-derived waste material such as:

(1) Dairy processing wastes including but not limited to spoiled milk, cheese, curd, and yogurt.

(2) Fish processing wastes including but not limited to eggs, fish gurry and racks, clam bellies, fish shells, fish processing sludge, fish breading crumbs, mussel, crab, lobster, and shrimp wastes.

c. Category III - Animal and postconsumer food wastes with pathogen potential such as:

(1) Source-separated wastes including but not limited to restaurant waste, institutional kitchen wastes, plate scrapings;

(2) Animal manures including but not limited to spoiled stable straw bedding, livestock feedlot, holding pen and cage scrapings, dairy manure semi-solids, poultry litter and manure; and

(3) Rendered animals.

d. Category IV - Other wastes such as:

(1) Nonrendered animal meat waste including but not limited to animal carcasses, slaughterhouse waste, paunch manure;

(2) Mixed nonsource separated organic wastes including but not limited to municipal solid waste; and

(3) Industrial sludge.

B. Solid waste transfer stations. The standards in this part shall apply to owners and operators of solid waste transfer stations.

C. Centralized waste treatment facilities. The standards in this part shall apply to owners and operators of solid waste management facilities who operate a treatment system to solidify nonhazardous solid waste to meet the disposal criteria of 9VAC20-81-140 where the waste is generated offsite, and such treatment system must have no discharge. The requirements of this section shall not apply to solidification operations at active landfills that are authorized in the landfill's solid waste permit.

D. Materials recovery facilities.

1. The standards in this part shall apply to owners and operators of solid waste management facilities that operate to reclaim solid waste.

2. The regulations of this part do not apply to:

a. The landfill gas recovery systems operated at active and closed solid waste disposal facilities that are regulated under 9VAC20-81-200;

b. The storage and treatment facilities associated with the management of materials conditionally exempt from this chapter on the basis of 9VAC20-81-95 F;

c. The facilities that use materials in a manner that constitutes disposal that are regulated under Part VI (9VAC20-81-610 et seq.) of this chapter; or

d. The disposal of residues from the materials recovery facilities that is regulated under Part III (9VAC20-81-100 et seq.) of this chapter.

E. Waste to energy and incineration facilities.

1. The standards in this part shall apply to owners and operators of solid waste and process residue storage and handling facilities associated with the energy recovery from or incineration of solid wastes.

2. The regulations of this part do not apply to:

a. The design and operation of the combustor units regulated by the Air Pollution Control Board; or

b. The disposal of residues from the waste to energy or incineration facilities that is regulated under Part III (9VAC20-81-100 et seq.) of this chapter.

F. Surface impoundments and lagoons.

1. Lagoons and surface impoundments are regulated under State Water Control Law. During the operating life of these facilities, this chapter does not apply. If the operator intends to close such a facility by burial of sludges and residue in place, this chapter shall not apply where the regulating agency establishes the closure requirements in accordance with water pollution control regulations. The standards in this section shall apply to owners and operators of lagoons and surface impoundments only if new wastes, not contained in the lagoon or impoundment, are proposed to be disposed with the residue. In those cases, the operation and closure of the facility constitutes construction and operation of a landfill and must be accomplished as specified in Part III (9VAC20-81-100 et seq.) of this chapter.

2. Leachate lagoons are regulated under Part III (9VAC20-81-100 et seq.) of this chapter and are subject to the requirements for liners in 9VAC20-81-210 C.

3. Notwithstanding the provisions of subdivision 1 of this subsection, this chapter, in accordance with 9VAC20-81-45, applies to CCR surface impoundments in addition to the requirements under the State Water Control Law.

G. Waste piles.

1. The standards in this part shall apply to owners and operators of facilities that store or treat nonputrescible solid waste in piles.

2. Owners or operators of waste piles that will be closed with wastes left in place are subject to regulations contained in Part III (9VAC20-81-100 et seq.) of this chapter.

3. This part does not apply if materials will be actively composted according to all the requirements for compost facilities in Part IV (9VAC20-81-300 et seq.) of this chapter.

4. The regulations in this part do not apply to the management of industrial co-products in piles. A material shall be considered an industrial co-product if a demonstration can be made consistent with 9VAC20-81-95 or 9VAC20-81-97 that the material is not a solid waste.

5. The regulations in this part do not apply to active logging operations subject to regulation under the provisions of §§ 10.1-1181.1 and 10.1-1181.2 of the Code of Virginia.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 32, Issue 9, eff. January 27, 2016.

9VAC20-81-320. Siting requirements.

The siting of all compost facilities, solid waste transfer stations, centralized waste treatment facilities, materials recovery facilities, waste to energy and incineration facilities, and waste piles shall be governed by the standards as set forth in this section.

A. Facilities shall be adjacent to or have direct access to roads that are paved or surfaced and capable of withstanding anticipated load limits. Solid waste management facilities storing or treating solid waste in piles such as but not limited to compost facilities and waste piles may also have direct access to gravel roads.

B. Facilities shall not be sited or constructed in areas subject to base floods. For materials recovery facilities, this siting prohibition does not apply to facilities recovering materials from industrial wastewater received from offsite.

C. No facility activity shall be closer than:

1. 50 feet to its property boundary;

2. 200 feet to any residence, a health care facility, school, recreational park area, or similar type public institution;

3. 50 feet to any perennial stream or river. For materials recovery facilities, this siting prohibition does not apply to those facilities recovering materials from industrial wastewater received from offsite; and

4. For facilities treating or storing solid waste in piles, no closer than 50 feet to any wetland.

D. Sites shall provide room to minimize traffic congestion and allow for safe operation.

E. In addition to subsections A through D of this section, for waste piles, unless the waste piles are located inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated, such waste piles shall be provided with an adequate area to allow for proper management in accordance with 9VAC20-81-330 F and 9VAC20-81-340 F.

F. In addition to subsections A through D of this section, for compost facilities:

1. Acceptable sites must have area and terrain to allow for proper management of run-on, run-off, and leachate, and to allow for a buffer zone with the minimum size of 100 feet between the property boundary and the actual composting activity.

2. Type B facilities shall not be located in areas that are geologically unstable or where the site topography is heavily dissected.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-330. Design and construction requirements.

The design and construction of all compost facilities, solid waste transfer stations, centralized waste treatment facilities, materials recovery facilities, waste to energy and incineration facilities, and waste piles shall be governed by the standards as set forth in this section.

A. Compost facilities.

1. For facilities that will compost only Category I feedstocks:

a. A handling area and equipment shall be provided to segregate the Category I waste from noncompostable components and to store such components in appropriate containers prior to proper management and disposal.

b. If the facility is located in any area where the seasonal high water table lies within two feet of the ground surface, the composting and handling areas shall be hard-surfaced and diked or bermed to prevent run-on, collect runoff, and provided with a drainage system to route the collected runoff to a treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process.

c. Engineering controls shall be incorporated into design of facilities located on sites with:

(1) Springs, seeps, and other groundwater intrusions;

(2) Gas, water, or sewage lines under the active areas; or

(3) Electrical transmission lines above or below the active areas.

d. Areas used for mixing, composting, curing, screening, and storing shall be graded to prevent run-on, collect runoff, and provided with a drainage system to route the collected runoff to a treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process.

e. Roads serving the unloading, handling, composting, and storage areas shall be usable under all weather conditions.

2. Facilities for the composting of Category II, III, and IV feedstocks, including those that will mix these feedstocks with Category I feedstocks, shall be provided with:

a. Covered areas for receiving, segregation, and grading of the waste shall be provided to segregate the waste from noncompostable components and to store such components in properly constructed containers prior to proper management and disposal.

b. Areas used for mixing, composting, curing, screening, and storing shall be graded to prevent run-on, collect runoff, and provided with a drainage system to route the collected runoff to a treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process.

c. If the facility is located in any area where the seasonal high water table lies within two feet of the ground surface, the composting and handling areas shall be hard-surfaced and diked or bermed to prevent run-on, collect runoff, and provided with a drainage system to route the collected runoff to a treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process.

d. Where any Category IV feedstocks are received, or where more than 1,000 total tons/quarter of Category II and III feedstocks are received, all receiving, mixing, composting, curing, screening, and storing operations shall be provided with one of the following:

(1) An asphalt or concrete area that drains directly to a wastewater storage, treatment, or disposal facility;

(2) An asphalt, or concrete, and diked or bermed area to prevent entry of run-on or escape of run-off, leachate, or other liquids, and a sump with either a gravity discharge or an adequately sized pump located at the low point of the hard-surfaced area to convey liquids to a wastewater treatment, disposal or holding facility, discharged under a VPDES permit, or recirculated within the composting process;

(3) A lime stabilized area may be substituted for the asphalt or concrete specified under subdivision A 2 d (2) of this subsection. The lime stabilized clay/soil area must be a minimum of six inches thick and have a lab-tested permeability of 1x10^-7 cm/sec; or

(4) A 12" compacted gravel pad underlain by a continuous high density polyethylene (HDPE) liner of a minimum 60-mil thickness and equipped with leachate collection above the liner and leak detection below the liner.

e. Area and equipment shall be provided to segregate nonbiodegradable or otherwise undesirable components from the municipal solid waste to be processed.

f. For Type B facilities, engineering controls shall be incorporated into design of facilities located on sites with:

(1) Springs, seeps, and other groundwater intrusions;

(2) Gas, water, or sewage lines under the active areas; or

(3) Electrical transmission lines above or below the active areas.

g. Roads serving the unloading, composting, and storage areas shall be of all-weather construction.

h. Auxiliary power, standby equipment, or contingency arrangements shall be required to ensure continuity of composting operations.

i. For uncovered sites, calculations for sizing of surface water control features will be based on a rainfall intensity of one hour duration and a 10-year return period.

B. Solid waste transfer stations.

1. An all-weather road suitable for loaded collection vehicles shall be provided from the entrance gate to the unloading, receiving, or tipping area.

2. The floors in the unloading, receiving, or tipping areas shall be constructed of easily cleanable materials, provided with a water supply for transfer area cleaning purposes, and equipped with drains or pumps, or equivalent means to facilitate the removal of wastewater to proper storage or disposal.

3. Truck wheel curbs or other safety facilities shall be provided to prevent backing or falling into a pit if one is used for tipping.

4. The transfer unloading, receiving, tipping, and storage structures, buildings, and ramps shall be of a material that can be easily cleaned.

5. Onsite queuing capacity shall be provided for the expected traffic so that the waiting collection vehicles do not back up onto the public road.

6. Portions of the transfer station used solely for storage of household hazardous waste shall have a containment system designed in accordance with 40 CFR 267.173, as amended. The requirements of this section do not apply to household hazardous waste packaged in U.S. Department of Transportation-approved shipping containers and removed from the site within 10 days from the date of collection.

7. If the transfer station is used to store waste materials, storage units shall be designed to reduce the potential for fires and migration of vectors, and to prevent escape of wastes, wash waters, odors, dust, and litter from the facility.

C. Centralized waste treatment facilities.

1. A centralized waste treatment facility shall be so designed to reduce the potential of elements that may degrade health or the environment from crossing the facility boundaries. Such elements include fire, vectors, wash water, odor, and litter.

2. An all-weather road suitable for loaded delivery vehicles shall be provided from the entrance gate to the unloading area.

3. Mixing tanks shall be located inside a building or have covers provided that can be deployed rapidly under the threat of inclement weather.

4. Tanks constructed in the ground shall be placed a minimum of two feet above the seasonal high ground-water table and a minimum of two feet vertical separation shall be maintained between bedrock and the lowest point of the tank.

5. Tanks constructed in the ground shall provide secondary containment and have a witness zone to immediately detect leakage. Leaks shall be repaired immediately and the department shall be notified within 24 hours.

6. Tanks constructed above ground shall allow easy access beneath the tank to allow quick leak detection and cleaning. Leaks shall be repaired immediately and the department shall be notified within 24 hours.

7. Mixing tanks shall be underlain and/or surrounded by an apron consisting of hard impermeable surface that is easily cleanable and prevent runoff of any spills.

8. Internal storage areas for processed waste shall be provided to insure an environmentally sound operation and afford space to allow for proper processing of maximum anticipated daily incoming solid waste.

9. Facility shall be designed in a manner that will prevent the migration of odors and dust offsite. The facility must meet all applicable requirements of the regulations of the Air Pollution Control Board where air releases are contemplated.

10. Onsite queuing capacity shall be provided for the expected traffic so that the waiting delivery vehicles do not back up onto the public road.

11. Facilities shall be designed with perimeter security fencing, or natural barriers, and gate controls to prevent unauthorized access to the site.

D. Materials recovery facilities.

1. A materials recovery facility shall be so designed to reduce the potential of elements that may degrade health or the environment from crossing the facility boundaries. Such elements include fire, vectors, wash water, odor, and litter.

2. An all-weather road suitable for loaded delivery vehicles shall be provided from the entrance gate to the unloading area.

3. The unloading, receiving, or tipping areas shall be constructed of impervious materials, provided with a water supply for storage and transfer area cleaning purposes, and equipped with drains or pumps, or equivalent means to facilitate the removal of wastewater to proper storage or disposal.

4. Truck wheel curbs or other safety facilities shall be provided to prevent backing or falling into a pit if one is used for tipping.

5. The unloading, tipping, receiving, and storage structures, buildings, and ramps shall be of material that can be easily cleaned.

6. Internal storage areas for unprocessed incoming solid waste will be provided to ensure an environmentally sound operation and afford space to allow for proper processing of maximum anticipated daily incoming solid waste.

7. Facility shall be designed in a manner that will prevent the migration of odors and dust offsite. The facility must meet all applicable requirements of the regulations of the Air Pollution Control Board where air releases are contemplated.

8. Onsite queuing capacity shall be provided for the expected traffic so that the waiting delivery vehicles do not back up onto the public road.

9. Fire alarm and protection systems capable of detecting, controlling, and extinguishing any and all fires shall be provided.

10. Facilities shall be designed with perimeter security fencing, or natural barriers, and gate controls to prevent unauthorized access to the site.

11. The owner or operator of a material recovery facility engaged in bioremediation shall design, construct, and maintain systems for application of nutrients, provision of air or oxygen, and regulation of moisture content designed to promote aerobic microbiological degradation. At a minimum the systems shall be:

a. Designed to be chemically resistant to any waste or leachate that may come into contact with the system;

b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying waste, waste cover materials, and by any equipment used in the area; and

c. Designed to provide operational temperatures that are favorable to the bioremediation process.

12. A design description manual will be prepared and submitted to the department describing or showing:

a. The process rate of the facility;

b. The designation of normal loading, unloading, and storage areas and their capacities;

c. The designation of emergency loading, unloading, storage, or other disposal capabilities to be used when the facility system downtime exceeds 24 hours;

d. The designation of alternate disposal areas or plans for transfer of solid wastes in the event facility downtime exceeds 72 hours;

e. The expected daily quantity of waste residue generation;

f. The proposed ultimate disposal location for all facility-generated waste residues including, but not limited to, residues and bypass material, byproducts resulting from air pollution control devices, and the proposed alternate disposal locations for any unauthorized waste types, that may have been unknowingly accepted. The schedule for securing contracts for the disposal of these waste types at the designated locations shall be provided;

g. A descriptive statement of any materials use, reuse, or reclamation activities to be operated in conjunction with the facility, either on the incoming solid waste or the ongoing residue;

h. Plan views showing building dimensions, building setbacks, side and rear distances between the proposed structure and other existing or proposed structures, roadways, parking areas, and site boundaries; and

i. Interior floor plans showing the layout, profile view, and dimensions of the processing lines, interior unloading, sorting, storage, and loading areas as well as other functional areas.

E. Waste to energy and incineration facilities.

1. The solid waste and combustion residue storage and handling facilities associated with a waste to energy or incineration system shall be designed to reduce the potential of elements that may degrade health or the environment from crossing the facility boundaries. Such elements include fire, vectors, wash water, odor, and litter.

2. An all-weather road suitable for loaded delivery vehicles shall be provided from the entrance gate to the unloading, receiving, or tipping area.

3. All tipping floors, sorting pads, waste storage areas, bunkers, and pits shall be constructed of concrete or other similar quality material that will withstand heavy vehicle usage. Floor drains shall be provided in all such areas and surfaces shall be graded to facilitate wash down operations. Floor drains shall be designed to discharge wastewater into a collection system for proper disposal. In those cases where waste or residue storage pits are to be utilized, the base and sidewalls shall be designed to prevent groundwater intrusion.

4. Truck wheel curbs or other safety facilities shall be provided to prevent backing or falling into a pit if one is used for tipping.

5. The unloading, receiving, and tipping structures; buildings; and ramps shall be of material that can be easily cleaned.

6. Facilities shall be designed with internal storage area for unprocessed incoming solid waste, facility process waste residues and effluents, and recovered materials, if applicable. The design shall allow for, at a minimum, three days of storage at maximum anticipated loading rates.

7. The facility shall be designed in a manner that will prevent the migration of odors and dust offsite.

8. Onsite queuing capacity shall be provided for the expected traffic so that the waiting delivery vehicles do not back up onto the public road.

9. Fire alarm and protection systems capable of detecting, controlling, and extinguishing any and all fires shall be provided.

10. Facilities shall be designed with perimeter security fencing and gate controls to prevent unauthorized access to the site and to control the offsite escape of litter.

11. A design description manual will be prepared and submitted to the department describing or showing:

a. The process rate of the facility;

b. The designation of normal loading, unloading, and storage areas and their capacities;

c. The designation of emergency loading, unloading, storage or other disposal capabilities to be used when the facility system downtime exceeds 24 hours;

d. The designation of alternate disposal areas or plans for transfer of solid wastes in the event facility downtime exceeds 72 hours;

e. The expected daily quantity of waste residue generation;

f. The proposed ultimate disposal location for all facility-generated waste residues including, but not limited to, ash residues and bypass material, byproducts resulting from air pollution control devices, and the proposed alternate disposal locations for any unauthorized waste types, which may have been unknowingly accepted. The schedule for securing contracts for the disposal of these waste types at the designated locations shall be provided;

g. A descriptive statement of any materials use, reuse, or reclamation activities to be operated in conjunction with the facility, either on the incoming solid waste or the ongoing residue;

h. Plan views showing building dimensions, building setbacks, side and rear distances between the proposed structure and other existing or proposed structures, roadways, parking areas, and site boundaries; and

i. Interior floor plans showing the layout, profile view, and dimensions of the processing lines, interior unloading, sorting, storage, and loading areas as well as other functional areas.

F. Waste piles.

1. The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under subdivision 2 of this subsection, provided that:

a. Liquids or materials containing free liquids are not placed in the pile;

b. The pile is protected from surface water run-on by the structure or in some other manner;

c. The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting;

d. The pile will not generate leachate through decomposition or other reactions; and

e. The structures, buildings, and ramps shall be of concrete, brick, or other material that can be easily cleaned.

2. Exposed waste piles.

a. Liners. A waste pile (except for an existing portion of a waste pile) shall have:

(1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent soil or groundwater or surface water at any time during the active life (including the closure period) of the waste pile. The liner shall be:

(a) Constructed of materials that have necessary chemical properties, strength, and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;

(b) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and

(c) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and

(2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The design and operating conditions shall ensure that the leachate depth over the liner does not exceed one foot at its lowest point. The leachate collection and removal system shall be:

(a) Constructed of materials that are (i) chemically resistant to the waste managed in the pile and the leachate expected to be generated; and (ii) of necessary strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste cover materials, and by any equipment used at the pile; and

(b) Designed and operated to function without clogging through the scheduled closure of the waste pile.

b. The owner or operator will be exempted from the requirements of subdivision 2 a of this subsection if the director finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any waste constituents into the groundwater or surface water at any future time. In deciding whether to grant an exemption, the director will consider:

(1) The nature and quantity of the wastes;

(2) The proposed alternate design and operation;

(3) The hydrogeologic setting of the facility, including attenuating capacity and thickness of the liners and soils present between the pile and groundwater or surface water; and

(4) All other factors that would influence the quality and mobility of the leachate produced and the potential for it to migrate to groundwater or surface water;

c. During construction or installation, liners shall be inspected by the owner's or operator's construction quality assurance personnel for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials).

d. Immediately after construction or installation.

(1) Synthetic liners shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and

(2) Soil-based liners shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may cause an increase in the hydraulic conductivity of the liner.

(3) Any imperfections in the alternate liner design approved by the director will be repaired.

e. The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm.

f. The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

3. Area, facilities, and equipment shall be provided to segregate undesirable components from the incoming solid waste to be processed.

4. The storage or treatment units shall be designed to prevent fires and migration of vectors, and to prevent escape of wastes, wash waters, waste decomposition odors, dust, and litter from the facility. The storage and treatment units will be designed to withstand the physical, chemical, and biological characteristics of the waste managed.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-340. Operation requirements.

The operation of all compost facilities, solid waste transfer stations, centralized waste treatment facilities, materials recovery facilities, waste to energy and incineration facilities, and waste piles shall be governed by the standards as set forth in this section. Operations for these facilities will be detailed in an operations manual that shall be maintained in the operating record in accordance with 9VAC20-81-485. This operations manual will include an operations plan, an inspection plan, a health and safety plan, an unauthorized waste control plan, and an emergency contingency plan meeting the requirements of this section and 9VAC20-81-485. This manual shall be made available to the department when requested. If the applicable standards of this chapter and the facility's operations manual conflict, this chapter shall take precedence.

A. Compost facilities.

1. For facilities that will compost only Category I wastes:

a. Noncompostable or other undesirable solid waste shall be segregated from the material to be composted. Solid waste that is not composted, salvaged, reused, or sold must be disposed at a permitted solid waste management facility authorized to accept the waste.

b. The addition of any other solid waste including but not limited to hazardous waste, regulated medical waste, construction waste, debris, demolition waste, industrial waste, or other municipal solid waste to the Category I waste received at the composting facility is prohibited, except that the materials that are excluded under 9VAC20-81-95 may be combined with Category I waste for the purpose of producing compost under the provisions of this chapter.

c. Access to the composting facility shall be permitted only when an attendant is on duty.

d. Dust, odors, and vectors shall be controlled so they do not constitute nuisances or hazards. Fugitive dust and mud deposits on main offsite roads and access roads shall be minimized at all times to limit nuisances. Dust shall be controlled to meet the requirements of Article 1 (9VAC5-40-60 et seq.) of Part II of 9VAC5-60.

e. The owner or operator shall prepare, implement, and enforce a safety program and a fire prevention and suppression program designed to minimize hazards.

f. Open burning shall be prohibited on the facility property.

g. Leachate or other runoff from the facility shall not be permitted to drain or discharge directly into surface waters, unless authorized by a VPDES permit.

h. Designed buffer zones shall be maintained.

2. Facilities for the composting of Category II, III, or IV feedstocks, including those that mix these categories with Category I feedstocks, shall be provided with:

a. Noncompostable or other undesirable solid waste shall be segregated from the material to be composted. Solid waste that is not composted, salvaged, reused, or sold must be disposed at a permitted solid waste management facility authorized to accept the waste.

b. Products will continue to be considered as solid wastes until the testing indicates that they attain finished compost standards. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity and shall be conducted in a manner consistent with SW-846, as amended, and other applicable standards. The minimum number of samples that shall be collected and analyzed is shown in the table below. Samples to be analyzed for metals shall be composited prior to the analysis.

c. All finished products will be tested for compost stability using one of the methods listed below:

(1) Temperature decline to near ambient conditions when not the result of improper management of the composting process. Composting records shall indicate schedules for turning, monitoring of moisture within the required range, and mix of composting feedstocks.

(2) Reheat potential using the Dewar Compost Self-Heating Flask. The results must indicate a stable product. Temperature rise above ambient must not exceed 10°C for stable compost. Very stable compost will not exceed 20°C above ambient.

(3) Specific oxygen uptake. To be classified as stable the product must have a specific oxygen uptake rate of less than 0.1 milligrams per gram of dry solids per hour.

(4) SolvitaTM Compost Maturity Test. To be classified as stable the product must exhibit color equal or greater than six.

(5) Carbon dioxide evolution. To be classified as stable the product must not evolve more than 1,000 milligrams of carbon dioxide per liter per day.

d. In addition to testing required of this subsection, finished products produced from any Category III and IV materials will be tested for the presence of the following organisms using the methods indicated below:

(1) Parasites. The density of viable helminth ova in the finished compost shall be less than one per four grams of total solids (dry weight basis) at the time the finished compost is prepared for sale or give away in a container for application to the land. Viable helminth ova reduction shall be demonstrated by testing the finished compost once per quarter for a period of one year. After the viable helminth ova reduction has been demonstrated for the composting process, additional helminth ova testing will not be required provided the composting operating parameters and incoming waste stream are consistent with the values or ranges of values documented during the initial helminth ova reduction demonstration. If the composting parameters or incoming waste stream change a new viable helminth ova reduction demonstration is required, and

(2) Bacteria pathogens. Either the density of fecal coliform in the finished compost shall be less than 1000 Most Probable Number (MPN) per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the finished compost shall be less than three MPN per four grams of total solids (dry weight basis) at the time the finished compost is prepared for sale or give away in a container for application to the land.

(3) Other test methods, or facility operating standards may be used in lieu of the above parasite and pathogen testing requirements as approved by the department.

e. Metals. In addition to the testing requirements contained in this subsection, all finished products produced from Category IV materials shall be analyzed for the metals shown below. The concentration of contaminants shall not exceed the following levels:

f. Designed buffer zones shall be maintained.

g. The owner or operator shall prepare an operation plan that shall include as a minimum:

(1) The description of types of wastes that will be managed at the facility. This description must properly categorize the compost feedstocks in accordance with 9VAC20-81-310 A 4. If the specific materials are not listed in that section, a discussion will be prepared that compares the materials that the facility will receive with the materials listed in the applicable feedstock category and justifies the categorization of the proposed feedstock. For each type of material an approximate C:N ratio will be provided. The expected quantity of any bulking agent or amendment will be provided (if applicable); and any expected recycle of bulking agent or compost. The plan shall include the annual solid waste input, the service area population (both present and projected if applicable), and any seasonal variations in the solid waste type and quantity;

(2) A discussion of the composting process including:

(a) For Type A compost facilities the following will be provided:

(i) A copy of the manufacturer's operating manual, and drawings and specifications of the composting unit.

(ii) A discussion of the unit's requirements for power, water supply, and wastewater removal, and the steps taken to accommodate these requirements.

(b) For Type B compost facilities the following will be provided:

(i) A description of the configuration of the composting process including compost pile sizing, and orientation, provisions for water supply, provisions for wastewater disposal, and an equipment list.

(ii) A discussion of procedures and frequency for moisture, and temperature monitoring, and aeration.

(iii) A discussion of pile formation, and feedstock proportioning and feedstock preparation;

(3) A discussion of the method and frequency of final product testing in accordance with this subsection will be provided;

(4) A schedule of operation, including the days and hours that the facility will be open, preparations before opening, and procedures followed after closing for the day;

(5) Anticipated daily traffic flow to and from the facility, including the number of trips by private or public collection vehicles;

(6) The procedure for unloading trucks (including frequency, rate, and method);

(7) A contingency plan detailing corrective or remedial action to be taken in the event of equipment breakdown; air pollution (odors); unacceptable waste delivered to the facility; spills; and undesirable conditions such as fires, dust, noise, vectors, and unusual traffic conditions;

(8) Special precautions or procedures for operation during wind, heavy rain, snow, and freezing conditions;

(9) A description of the ultimate use for the finished compost, method for removal from the site, and a plan for use or disposal of finished compost that cannot be used in the expected manner due to poor quality or change in market conditions;

(10) A discussion of inspections in accordance with subdivision 2 h (3) of this subsection; and

(11) A discussion of records to be maintained in accordance with 9VAC20-81-350.

h. Maintenance.

(1) Facility components shall be maintained and operated in accordance with the permit and intended use of the facility.

(2) Adequate numbers, types, and sizes of properly maintained equipment shall be available at the facility during all hours of operation to prevent curtailment of operations because of equipment failure except under extraordinary conditions beyond the control of the facility's owner or operator.

(3) The facility owner or operator shall monitor and inspect the facility for malfunctions, deteriorations, operator errors, and discharges that may cause a release to the environment or a threat to human health. The facility owner or operator shall promptly remedy any deterioration or malfunction of equipment or structures or any other problems revealed by the inspections to ensure that no environmental or human health hazard develops. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.

(4) The amount of compost stored at the facility shall not exceed the designed storage capacity.

i. Leachate or other runoff from the facility shall not be permitted to drain or discharge directly into surface waters, unless authorized by a VPDES permit.

B. Solid waste transfer stations.

1. No uncontainerized putrescible solid waste shall remain at the transfer station at the end of the working day.

2. A written operating plan shall be prepared covering at the minimum:

a. Facility housekeeping, procedures for detection of regulated hazardous and medical wastes, onsite traffic control, schedules for waste delivery vehicle flow, wastewater collection, storm water collection, vector control, odor control, noise control, and methods of enforcement of traffic flow plans for the waste delivery vehicles; and/or

b. The process rate of the facility, the capacities of any waste storage areas, and the ultimate disposal location for all facility-generated waste residue.

3. A written contingency plan shall be prepared for a transfer station covering operating procedures to be employed during periods of nonoperation. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities.

4. Leachate and wash water from a transfer station shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES permit issued pursuant to 9VAC25-31.

5. No regulated hazardous wastes shall be accepted for processing unless they are received under the provisions of a hazardous waste permit or they are specifically exempted by the provisions of the Virginia Hazardous Waste Management Regulations (9VAC20-60). Storage of household hazardous waste at facilities designed in accordance with 9VAC20-81-330 B 6 shall be accomplished in accordance with the requirements of 40 CFR 261.173, as amended. Storage in such facilities may not exceed one year.

C. Centralized waste treatment facilities.

1. All incoming waste shall begin treatment at the solidification facility by the end of the working day.

2. Facilities engaged in the solidification of petroleum contaminated sludge shall perform the analyses required by 9VAC20-81-660 C.

3. A written operating plan shall be prepared covering at the minimum:

a. Facility housekeeping, schedules for waste delivery vehicle flow, wastewater collection, storm water collection, vector control, odor control, and noise control.

b. A description of methods to determine the characteristics of the treated waste, frequency of testing and the action the facility owner or operator will take whenever the material fails to meet applicable standards.

c. The process rate of the facility, the capacities of any storage areas, and the ultimate disposal location(s).

d. For facilities engaged in the reclamation of soil, a description of the methods and frequencies of analysis of the reclaimed product shall be provided as required by 9VAC20-81-660.

4. A written contingency plan shall be prepared to establish operating procedures to be employed during periods of nonprocessing. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities. The plan will include emergency loading, unloading, storage, transfer, or other disposal capabilities to be used when the facility downtime exceeds 24 hours.

5. Leachate and wash water from a centralized waste treatment facility shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES Permit issued pursuant to 9VAC25-31.

6. Inspection and leak detection monitoring records shall be maintained and made available upon request for the lifetime of the treatment facility.

D. Materials recovery facilities.

1. No uncontainerized putrescible waste shall remain at the materials recovery facility at the end of the working day.

2. Facilities engaged in the reclamation of petroleum contaminated soils shall perform the analyses required by 9VAC20-81-660.

3. A written operating plan shall be prepared covering at the minimum:

a. Facility housekeeping, onsite traffic control, schedules for waste delivery vehicle flow, wastewater collection, storm water collection, vector control, odor control, noise control, and methods of enforcement of traffic flow plans for the waste delivery vehicles.

b. A description of methods to determine the usefulness of the recovered material, frequency of testing, and the action the facility owner or operator will take whenever the material fails the standards applicable to the recovered product and must be disposed of as waste.

c. The process rate of the facility, the capacities of any waste storage areas, the expected daily quantity of waste residue generation, and the ultimate disposal location for all facility generated waste residue.

d. For facilities engaged in the reclamation of soil, a description of the methods and frequencies of analysis of the reclaimed product shall be provided as required by 9VAC20-81-660.

e. For facilities that store waste tires, the provisions of 9VAC20-81-640 B, C, and D, as applicable.

4. A written contingency plan shall be prepared for a materials recovery facility covering operating procedures to be employed during periods of nonprocessing. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities. The plan will include emergency loading, unloading, storage, transfer, or other disposal capabilities to be used when the facility downtime exceeds 24 hours.

5. Leachate and wash water from a materials recovery facility shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES Permit issued pursuant to 9VAC25-31.

E. Waste to energy and incineration facilities.

1. Unprocessed incoming waste, facility process waste residues and effluents, and recovered materials, if applicable, shall be stored in bunkers, pits, bins, or similar containment vessels and shall be kept at all times at levels that prevent spillage or overflow. Any waste materials temporarily stored on the facility's tipping floor shall be stored as stated above by the end of the working day, or other time frame approved by the director.

2. A written operating plan shall be prepared covering at the minimum facility housekeeping, onsite traffic control, process rate, schedules for waste delivery vehicle flow, wastewater collection, storm water collection, vector control, odor control, noise control, and methods of enforcement of traffic flow plans for the waste delivery vehicles.

3. The owner or operator shall implement waste receiving area control procedures that provide for the inspection of the incoming waste stream for the purpose of removing unprocessible or potentially explosive materials prior to the initiation of processing. In addition, the inspection shall effectively prevent the acceptance of unauthorized waste types by inspecting a minimum of 1.0% of the incoming loads of waste. If the facility receives waste generated outside of Virginia and the regulatory structure in the originating jurisdiction allows for the disposal of wastes at landfills or the incineration of wastes that are prohibited or restricted by Virginia's laws and regulations prohibit, a minimum of 10% of the incoming loads of waste from those jurisdictions shall be inspected. These procedures and necessary contingency plans shall be incorporated into the facility's operating manual.

4. A written contingency plan shall be prepared for a waste to energy facility covering operating procedures to be employed during periods of nonoperation. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities.

5. Leachate and wash water from an waste to energy facility shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES Permit issued pursuant to the State Water Control Board regulation (9VAC25-31).

6. Arrangements for disposal of facility-generated waste shall be established and maintained throughout the life of the waste to energy or incineration facility.

7. Chemical analyses of residues.

a. The owner or operator shall perform a chemical analyses of all residual ash, in accordance with the conditions of the solid waste management facility permit and current solid waste management regulations.

b. Samples and measurements taken for this purpose shall be representative of the process or operation and shall be performed in accordance with the procedures outlined in "Test Methods for Evaluating Solid Waste - Physical/Chemical Methods," EPA publication SW-846. At a minimum the sampling shall include analyses for toxicity and shall be performed at the frequency specified in the facility's permit.

c. The department may require the operator to perform additional analyses on ash removed from exhaust gases and collected by emission control equipment at a frequency established by the department in the facility's permit.

d. A report containing the following information shall be submitted to the department within 90 days of sample collection:

(1) The date and place of sampling and analysis;

(2) The names of the individuals who performed the sampling and analysis;

(3) The sampling and analytical methods utilized;

(4) The results of such sampling and analyses; and

(5) The signature and certification of the report by an authorized agent for the facility.

F. Waste piles.

1. No putrescible solid waste shall remain at the storage or treatment facility at the end of the working day unless it is stored in lined or covered waste storage areas, or interim transportation vehicles (trailers, roll-off containers) designed specifically for storage.

2. A written operating plan for the waste management facility shall be prepared covering at the minimum:

a. Facility housekeeping, onsite traffic control, schedules for waste delivery vehicle flow, wastewater/leachate collection, storm water collection, vector control, odor control, dust suppression, noise control, and methods of enforcement of traffic flow plans for the waste delivery vehicles.

b. A description of types of wastes that will be managed at the facility, of the storage or treatment activity, of any required testing including test methods and frequencies, and sampling techniques.

c. A description of the management and disposition of waste materials will be provided that addresses waste materials that are undesirable and will not be received at the facility.

d. Descriptions of first-in, first-out waste management procedures to ensure that the oldest waste materials being stored are sent offsite for re-use or disposal prior to newer materials.

e. A fire prevention and suppression program designed to minimize hazards when storing organic waste streams.

3. A written contingency plan shall be prepared covering operating procedures to be employed during periods of nonoperation. This plan shall set forth procedures to be employed in the event of equipment breakdown that will require standby equipment, extension of operating hours, or diversion of solid waste to other facilities.

4. Leachate and run-off that have been in contact with the contents of the waste pile shall not be permitted to drain or discharge into surface waters except when authorized under a VPDES permit issued pursuant to 9VAC25-31.

5. Collection and holding facilities associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

6. If the pile contains any particulate matter that may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the pile to control wind dispersal.

7. While a waste pile is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:

a. Deterioration, malfunctions, or improper operation of run-on and run-off control systems;

b. Proper functioning of wind dispersal control systems, where present; and

c. The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

8. Incompatible wastes, or incompatible wastes and materials shall not be placed in the same pile.

9. Roads serving the unloading, treatment, and storage areas shall be maintained to be passable in all weather by ordinary vehicles when the facility is operating. All operation areas and units shall be accessible.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-350. Recordkeeping requirements.

Recordkeeping for compost facilities, solid waste transfer stations, centralized waste treatment facilities, materials recovery facilities, waste to energy and incineration facilities, waste piles, and miscellaneous facilities shall be governed by the standards as set forth in this section. Records to be maintained include:

1. The facility owner or operator shall record self-inspections in an inspection log. These records shall be retained for at least three years from the date of inspection. They must include the date and time of the inspection, the name of the inspector, a description of the inspection including the identity of specific equipment and structures inspected, the observations recorded, and the date and nature of any remedial actions implemented or repairs made as a result of the inspection.

2. The facility owner or operator shall record any monitoring information (including all calibration and maintenance records and copies of all reports required by this part or the permit or permit-by-rule). Records for monitoring information shall include the date, exact place, and time of sampling or measurements; the name of the individual who performed the sampling and measurement; the date analyses were performed; the name of the individual who performed the analyses; the analytical techniques or methods used; and the result of such analyses. Additional information relating to the analysis, including records of internal laboratory quality assurance and control, shall be made available to the department at its request.

3. The facility owner or operator shall retain records of all unauthorized solid waste accepted identifying the waste and its final disposition. Such records shall include the date solid waste was received, the type of solid waste received, the date of disposal, and the disposal method and location.

4. The records shall be retained in the operating record for the facility for a period of at least three years from the date of the sample analysis, measurement, report, or application.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-360. Closure requirements.

The closure of all compost facilities, solid waste transfer stations, centralized waste treatment facilities, materials recovery facilities, waste to energy and incineration facilities, and waste piles shall be governed by the standards as set forth in this section:

1. The owner or operator shall close his facility in a manner that minimizes the need for further maintenance, and controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, the postclosure escape of uncontrolled leachate, surface runoff, or waste decomposition products to the groundwater, surface water, or to the atmosphere.

a. At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate. For miscellaneous units, all waste, materials contaminated with waste constituents, and treatment residue shall be removed and disposed in a permitted facility.

b. If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subdivision 1 a of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he shall close the facility and perform postclosure care in accordance with the closure and postclosure care requirements of Part III (9VAC20-81-160 and 9VAC20-81-170, respectively). In addition, for compost facilities, other corrective measures approved by the department may be used to remediate the site.

2. Closure plan and modification of plan.

a. The owner or operator of any facility shall have a written closure plan. This plan shall identify the steps necessary to completely close the facility/unit at its full operation under the permit conditions. The closure plan shall include, at least a schedule for final closure including, as a minimum, the anticipated date when wastes will no longer be received, the date when completion of final closure is anticipated, and intervening milestone dates that will allow tracking of the progress of closure.

b. The owner or operator may amend his closure plan at any time during the active life of the facility. The owner or operator shall so amend his plan any time changes in operating plans or facility design affects the closure plan. The amended closure plan shall be placed in the operating record.

c. The owner or operator shall submit to the department the amended closure plan that was placed in the operating record.

d. At least 180 days prior to beginning closure of each unit, the owner or operator shall notify the department of the intent to close.

e. The owner or operator shall provide to the department a certification from a professional engineer that the facility has been closed in accordance with the closure plan.

3. Time allowed for closure.

a. The owner or operator shall complete closure activities in accordance with the closure plan and within six months after receiving the final volume of wastes. The director may approve a longer closure period if the owner or operator can demonstrate that the required or planned closure activities will, of necessity, take longer than six months to complete; and that he has taken all steps to eliminate any significant threat to human health and the environment from the unclosed but inactive facility.

b. The owner or operator shall post one sign notifying all persons of the closing, and providing a notice prohibiting further receipt of waste materials. The sign will remain in place until closure activities are complete. Further, suitable barriers shall be installed at former accesses to prevent new waste from being delivered.

4. Inspection. The department shall inspect all facilities at the time of closure to confirm that the closing is complete and adequate. It shall notify the owner of a closed facility, in writing, if the closure is satisfactory, and shall require any necessary construction or such other steps as may be necessary to bring unsatisfactory sites into compliance with this chapter.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-370. Closure requirements for surface impoundments and lagoons.

A. Closure. At closure, the owner or operator shall:

1. Remove all waste residue, contaminated containment system components (liners, etc.), contaminated subsoils, and decontaminate structures and equipment contaminated with waste, and manage them as solid waste (or hazardous waste, if applicable) unless exempt under Part III (9VAC20-81-100 et seq.) of this chapter; or

2. Close the impoundment and provide postclosure care for a landfill under Part III (9VAC20-81-100 et seq.) of this chapter, including the following:

a. Eliminate free liquids by removing liquid waste and waste residue;

b. Install a groundwater monitoring system and initiate groundwater monitoring in accordance with the requirements of 9VAC20-81-250;

c. Stabilize remaining waste residues to a bearing capacity necessary to support the final cover; and

d. Cover the surface impoundment with a final cover designed and constructed in accordance with the requirements of 9VAC20-81-160 D 2.

3. Close inactive, new, and existing CCR surface impoundments in accordance with the requirements of Part VIII (9VAC20-81-800 et seq.) of this chapter or this subsection, whichever is more stringent.

B. Inspection. The department shall inspect all solid waste management facilities at the time of closure to confirm that the closing is complete and adequate. It shall notify the owner of a closed facility, in writing, if the closure is satisfactory and shall require any necessary construction or such other steps as may be necessary to bring unsatisfactory sites into compliance with this chapter.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 32, Issue 9, eff. January 27, 2016.

9VAC20-81-380. Remediation waste management units.

A. General.

1. For the purpose of implementing remedies under 9VAC20-81-45 or under the Voluntary Remediation Regulations (9VAC20-160), the director may designate an area of a facility as a remediation waste management unit (RWMU) as defined in Part I (9VAC20-81-10 et seq.) of this chapter. One of more RWMUs may be designated at a facility.

2. The director may designate a unit subject to this chapter as an RWMU or incorporate such a unit into a designated RWMU if:

a. The unit is closed or has begun the closure process under 9VAC20-81-160 C; and

b. Inclusion of the unit will enhance implementation of effective, protective, and reliable remedial actions for the facility.

3. Consolidation or placement of remediation wastes into a designated RWMU does not constitute creation of a unit subject to the siting, design, and operation requirements of Part III (9VAC20-81-120, 9VAC20-81-130, and 9VAC20-81-140) and the permitting requirements of Part V (9VAC20-81-400 et seq.) of this chapter.

4. The applicable requirements for groundwater monitoring and closure under 9VAC20-81-250 and 9VAC20-81-160 will continue to apply to the RWMU.

B. Criteria for designating RWMUs. The director will designate an RWMU if he finds that:

1. The RWMU shall facilitate the implementation of reliable, protective and cost-effective remedies;

2. Waste management activities associated with the RWMU shall not create unacceptable risks to humans or to the environment resulting from exposure to solid wastes and solid waste constituents;

3. If an inclusion of uncontaminated areas of the facility into an RWMU is requested, such an inclusion will be more protective than management of such wastes at contaminated areas of the facility;

4. Areas within the RWMU where wastes remain in place after closure of the RWMU shall be managed and contained so as to minimize future releases, to the extent practicable;

5. The RWMU shall expedite the timing of the remedial activity implementation when appropriate and practicable;

6. The RWMU shall enable the use, when appropriate, of treatment technologies (including innovative treatment technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the RWMU; and

7. The RWMU shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the RWMU.

C. Requirements. The director will specify the requirements for RWMUs to include, but not be limited to, the following:

1. The areal configuration of the RWMU;

2. Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements;

3. Requirements for groundwater monitoring that:

a. Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of solid waste constituents in groundwater from sources located within the RWMU; and

b. Detect and subsequently characterize releases of solid waste constituents to groundwater that may occur from areas of the RWMU in which wastes will remain in place after closure of the RWMU.

4. Closure and postclosure care requirements:

a. Closure of RWMUs shall:

(1) Minimize the need for further maintenance; and

(2) Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, postclosure escape of solid waste, solid waste constituents, leachate, contaminated run-off, or waste decomposition products to the ground, surface waters, or the atmosphere.

b. Requirements for closure of an RWMU shall include the following, as appropriate and deemed necessary by the director for a given RWMU:

(1) Requirements for excavation, removal, treatment, or containment of wastes;

(2) For areas in which wastes will remain in place after closure of the RWMU, requirements for capping of such areas; and

(3) Requirements for decontamination of equipment, devices, and structures in remediation waste management activities within the RWMU.

c. In establishing specific closure requirements for RWMUs, the director will consider the following factors:

(1) RWMU characteristics;

(2) Volume of waste that remains in place after closure;

(3) Potential for releases from the RWMU;

(4) Physical and chemical characteristics of the waste;

(5) Hydrological and other relevant environmental conditions at the facility that may influence the migration of any potential or actual releases; and

(6) Potential for exposure of humans and environmental receptors if releases were to occur from the RWMU.

d. Postclosure requirements as necessary to protect human health and the environment to include, for areas where wastes will remain in place, monitoring and maintenance activities and the frequency with which such activities shall be performed in order to ensure the integrity of any final cap, final cover, or other containment system.

5. The director will document the rationale for designating RWMUs.

6. The designation of an RWMU does not change the department's existing authority to address clean-up levels, media specific points of compliance to be applied to remediation at a facility, or other remedy selection decisions.

D. Temporary units.

1. Temporary tanks and container storage areas may be used for treatment or storage of remediation wastes during remedial activities, if the director determines that design, operating, or closure standards applicable to RWMUs may be replaced by alternative requirements that are protective of human health and the environment.

2. Any temporary unit to which alternative requirements are applied shall be:

a. Located within the facility boundary; and

b. Used only for the treatment or storage of remediation wastes.

3. In establishing standards to be applied to temporary units, the director will consider the following factors:

a. Length of time such unit will be in operation;

b. Type of unit;

c. Volumes of waste to be managed;

d. Physical and chemical characteristics of the waste to be managed in the unit;

e. Potential for releases from the unit;

f. Hydrogeological and other relevant environmental conditions at the facility that may influence migration of any potential releases; and

g. Potential for exposure of humans and environmental receptors if releases were to occur from the unit.

4. The director will specify the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The director will also specify the design, operating, and closure requirements for the unit.

5. The director may extend the operational period of a temporary unit once for a period of one year beyond that originally specified, if the director determines that:

a. Continued operation of the unit will not pose a threat to human health and the environment; and

b. Continued operation of the unit is necessary to ensure timely and efficient implementation of the remedial actions at the facility.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-385. Landfill mining.

A. Because of the varied and experimental nature of the landfill mining processes currently employed, 9VAC20-81-395 offers management standards. For this reason, portions of that section shall be made applicable to the mining process. As used in this section "landfill mining" does not include excavation of waste to facilitate installation of landfill gas, leachate management, or other utility systems provided waste excavated is managed and cover installed in accordance with 9VAC20-81-140 or 9VAC20-81-160, as applicable.

B. In addition to fulfilling applicable requirements of 9VAC20-81-395, the owner or operator of a landfill mining facility shall prepare an operational plan that will describe in detail the procedures that will be employed in opening the closed landfill areas, the phased description of opened areas, the procedures that will be employed in excavation of opened areas, the management of excavated materials, and disposition of recovered materials and unusable residues. The operational plan shall also contain an estimate of the duration of the mining process and the final use of the recovered air space.

C. In cases where residues will be disposed on site, the disposal units shall be regulated under Part III (9VAC20-81-100 et seq.) of this chapter.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-395. Miscellaneous facilities.

A. The requirements in this section apply to owners and operators of facilities that treat or store solid waste in facilities or units not otherwise regulated under Part III (9VAC20-81-100 et seq.) of this chapter or 9VAC20-81-310 through 9VAC20-81-385.

B. A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, siting, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of solid waste or constituents of solid wastes from the unit. Permit terms and provisions shall include those requirements of Part III (9VAC20-81-100 et seq.), 9VAC20-81-310 through 9VAC20-81-385, and Part V (9VAC20-81-400 et seq.), that are appropriate for the miscellaneous unit being permitted.

C. Protection of human health and the environment includes, but is not limited to:

1. Proper location of the facility and the unit considering:

a. The hydrologic and geologic characteristics of the unit and the surrounding area, including the topography of the land around the facility and the unit;

b. The atmospheric and meteorological characteristics of the unit and the surrounding area;

c. The patterns of precipitation in the region;

d. The patterns of land use in the surrounding area;

e. The potential for health risks caused by human exposure to waste constituents; and

f. The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.

2. Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the ground water or subsurface environment, considering:

a. The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;

b. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater;

c. The quantity and direction of groundwater flow;

d. The proximity to and withdrawal rates of current and potential groundwater uses; and

e. The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation.

3. Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in surface water, or wetlands or on the soil surface considering:

a. The volume and physical and chemical characteristics of the waste in the unit;

b. The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;

c. The quantity, quality, and direction of groundwater flow;

d. The proximity of the unit to surface waters;

e. The current and potential uses of nearby surface waters and any water quality standards established for those surface waters; and

f. The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils.

4. Prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering:

a. The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates;

b. The effectiveness and reliability of systems and structures to reduce or prevent emissions of waste constituents to the air;

c. The operating characteristics of the unit; and

d. The existing quality of the air, including other sources of contamination and their cumulative impact on the air.

D. Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies, when called for by the performance standards in subsection C of this section, shall ensure compliance with any applicable requirements of Parts V (9VAC20-81-400 et seq.), VI (9VAC20-81-610), or VIII (9VAC20-81-700) of this chapter, as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.

E. Closure shall be in accordance with 9VAC20-81-160 D.

F. Postclosure care. If a treatment or storage unit has contaminated soils or groundwater that cannot be completely removed or decontaminated during closure, it shall close as a disposal unit in accordance with the requirements of 9VAC20-81-160 and 9VAC20-81-170.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-397. Exempt yard waste composting facilities.

A. Applicability.

1. The standards in subsection B of this section apply to persons who compost vegetative waste in a manner described in the conditional exemption set forth at 9VAC20-81-95 D.

2. The standards in subsection C of this section apply to persons who operate small vegetative waste disposal units on their property.

B. Composting of yard waste. Additional requirements for managing conditionally exempt yard waste compost facilities, described under 9VAC20-81-95 D 6, are as follows:

1. Owners or operators of agricultural operational activities that accept only yard waste generated offsite are exempt from all other provisions of this chapter as applied to the composting activities provided that:

a. The total time for composting process and storage of material that is being composted shall not exceed 18 months prior to its field application or sale as a horticultural or agricultural product;

b. No waste material other than yard waste is received;

c. The total amount of yard waste received from offsite never exceeds 6,000 cubic yards in any consecutive 12-month period;

d. All applicable standards of local ordinances that govern or concern yard waste handling, composting, storage, or disposal are satisfied;

e. They pose no nuisance or present or potential threat to human health or the environment; and

f. Before receiving any waste, the owner submits a complete DEQ Form YW-3:

2. Owners or operators of agricultural operations that accept only Category I yard waste feedstocks and manures from herbivorous animals generated offsite are exempt from all other provisions of this chapter as applied to the composting activities provided that:

a. The composting area is located not less 300 feet from a property boundary of a parcel owned or controlled by another person, is located not less than 1,000 feet from an occupied dwelling not located on the same property as the composting area, and is not located within an area designated as a flood plain;

b. The agricultural operation has at least one acre of ground suitable to receive yard waste for each 150 cubic yards of finished compost;

c. The total time for the composting process and storage of material that is being composted or has been composted shall not exceed 18 months prior to the field application or sale as horticultural or agricultural product;

d. The owner or operator of any agricultural operation that receives in any 12-month period (consecutive) more than 6,000 cubic yards of waste generated from property not within the control of the owner or the operator shall submit by April 1 each year to the director an annual report in accordance with subdivision 4 of this subsection describing the volume and types of yard waste received for composting by the operation between January 1 and December 31 of the preceding consecutive 12 months and shall certify that the yard waste composting facility complies with local ordinances;

e. No waste material other than yard waste and manures from herbivorous animals are received;

f. The quantities of offsite manures from herbivorous animals brought onsite are limited to achieve a carbon to nitrogen ratio of 25:1 to 40:1. All manures must be incorporated into the compost within 24 hours of delivery. No offsite manures may be stored onsite; and

g. Prior to the receipt of solid waste generated offsite, the owner or operator of the agricultural operation intending to operate under this exemption shall submit a complete DEQ Form YW-4.

3. Owners or other persons authorized by the owner of real property who receive only yard waste generated offsite for the purpose of producing compost on said property shall be exempt from all requirements of this chapter as applied to the composting activity provided that:

a. Not more than 500 cubic yards of yard waste generated offsite is received at the owner's said property in any consecutive 12-month period;

b. No compensation will be received, either directly or indirectly, by the owner or other persons authorized by the owner of said property from parties providing yard waste generated off said property;

c. All applicable standards of local ordinances that govern or concern yard waste handling, composting, storage, or disposal are satisfied; and

d. They pose no nuisance or present or potential threat to human health or the environment.

4. Owners or operators of an agricultural composting operation in accordance with subdivision 2 of this subsection, who are exempt from the permitting requirements in accordance with 9VAC20-81-95 D and who may receive more than 6,000 cubic yards of yard waste generated from property not within the control of the owner or operator in any 12-month period shall submit an annual report on DEQ Form YW-2. The report shall describe the volume and types of yard waste received for composting. Completion and filing of the form by April 1 for activities in the preceding 12 months (January 1 through December 31) constitutes compliance with the requirements. The annual report shall be submitted on DEQ Form YW-2.

C. Small disposal units for vegetative wastes from land clearing. Additional requirements for managing small disposal units for vegetative waste from land clearing as exempted under 9VAC20-81-95 D 17 are as follows:

Owners of real property who operate small waste disposal units that qualify under all the conditions of this subsection shall be exempt from other provisions, including permitting, of this chapter as applied to those units provided:

1. No person other than the owner of the real property shall be exempt under this section.

2. All owners of the real property who hold title to property at the time the disposal unit is initially opened or during the time the unit remains open (limited to two calendar years below) shall, in the exercise of this exemption, accept responsibility for maintaining compliance of the unit with all requirements of this chapter as set out in this exemption.

3. The owner agrees that he shall not sell, give, or otherwise transfer the responsibility for the unit's compliance to any other party throughout its active life, the postclosure care period, and the corrective action period, and that he shall remain the principal party responsible for the compliance of the unit with this chapter.

4. Only units that are in compliance with all requirements of this section shall qualify, and units that are not in compliance with all requirements of this section shall not qualify or shall cease to qualify. Units that qualify for this exemption shall comply with the following requirements:

a. Only vegetative waste or yard waste shall be placed in the disposal unit; however, grass trimmings or bulk leaves shall not be placed in the disposal unit.

b. The waste disposal unit shall not be larger than 0.50 acres in size.

c. The waste disposal unit shall not be located within 1,000 feet of any other waste disposal unit of any type, including other disposal units exempted by this chapter.

d. The waste disposal unit shall not be located within 150 feet of any existing building or planned building. The waste disposal unit shall not be located within 50 feet of any existing or planned subdivision lot that may be used for the erection of a building.

e. The waste disposal unit shall not be located within 100 feet of a flowing stream; body of water; any well, spring, sinkhole, or unstable geologic feature. Also, it shall not be located within 200 feet of any groundwater source of drinking water.

f. The waste disposal unit shall be constructed to separate all waste by at least two feet vertically from the seasonal high water table.

g. The waste disposal unit should not obstruct the scenic view from any public road and should be graded to present a good appearance.

h. Mounding of the waste disposal unit shall not reach an elevation more than 20 feet above the original elevation of the terrain before the disposal began. The elevation of the original terrain should be based on the general area and not the bottom of ravines and small depressions in the disposal area.

i. The waste received by the waste disposal unit shall be limited to the following:

(1) Waste generated onsite;

(2) Waste generated by clearing the path of a roadway or appurtenances to the roadway when buried within the right-of-way of the roadway (waste shall not be buried in the structural roadway prism) or adjacent land under a permanent easement and the terms of the easement incorporate the construction of the disposal unit; and

(3) Waste from property that is owned by the owner of the disposal unit, within the same construction project, and generated not more than two miles from the unit.

j. The waste disposal unit shall be closed two calendar years from the date it first receives waste. The closure shall include cover with two feet of compacted soil, grading for good appearance with slopes that prevent erosion, and seeding or revegetation. During the life of the unit, earthen material should be applied periodically to prevent excessive subsidence of the waste disposal unit when closed. Sides of the finished unit shall be sloped to prevent erosion, and slopes shall not be steeper than one vertical foot to three horizontal feet.

k. The location plat and legal description, as set out in subdivision 4 p of this subsection, of all units that are not located wholly within the bed or right-of-way of a public road shall be recorded in the deed book for the property in the court of record prior to the first receipt of waste. Waste disposal shall not be allowed within the structural roadway prism.

l. The owner shall maintain continuous control of access to all disposal units from the time they are opened until they are closed in accordance with this section. The owner shall prevent fires and provide standby equipment and supplies sufficient to easily suppress a fire. Brush and small limbs that might provide tinder for a fire shall be covered at the end of the work day with one foot of soil.

m. The owner shall not be exempt from the CDD landfill groundwater monitoring and corrective action requirements of 9VAC20-81-250 and 9VAC20-81-260, respectively, to include required monitoring during the postclosure period.

n. The owner shall not be exempt from the decomposition gas monitoring and venting requirements of 9VAC20-81-210. The owner of a small waste disposal unit shall comply in all respects with the decomposition gas monitoring and venting requirements as established in this chapter.

o. The owner shall not be exempt from any requirement of the Financial Assurance Regulations For Solid Waste Disposal Facilities, (9VAC20-70), and shall comply with all financial assurance requirements.

p. At least six weeks before beginning construction of a vegetative waste disposal unit, the owner of the real property shall notify in writing the director, the governing board of the city, county, or town wherein the property lies, and all property owners whose parcel will abut the area of the proposed disposal unit. The notice shall give the names and legal addresses of the owners, the type of unit to be developed, and the projected date of initial construction of the unit. The owner shall include a plat and legal description of the disposal unit's metes and bounds prepared and stamped by a Virginia licensed land surveyor. The plat and description shall follow all standard practice such as inclusion of the nearest existing intersection of state roads and existing fixed survey markers in the vicinity.

q. Unless otherwise designated, all monitoring and reporting requirements shall begin at the initiation of the disposal operations and all reports shall be sent to the department and the chief executive of the local government.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011.