9VAC20-81-35. Applicability of chapter

A. This chapter applies to all persons who treat, store, dispose, or otherwise manage solid wastes as defined in 9VAC20-81-95 .

B. All facilities that were permitted prior to March 15, 1993, and upon which solid waste has been disposed of prior to October 9, 1993, may continue to receive solid waste until they have reached vertical design capacity or until the closure date established pursuant to § 10.1-1413.2 of the Code of Virginia in Table 2.1, provided:

1. The facility is in compliance with the requirements for liners and leachate control in effect at the time of permit issuance.

2. On or before October 9, 1993, the owner or operator of the solid waste management facility submitted to the director:

a. An acknowledgment that the owner or operator is familiar with state and federal law and regulations pertaining to solid waste management facilities operating after October 9, 1993, including postclosure care, corrective action, and financial responsibility requirements;

b. A statement signed by a professional engineer that the engineer has reviewed the regulations established by the department for solid waste management facilities, including the open dump criteria contained therein, that the engineer has inspected the facility and examined the monitoring data compiled for the facility in accordance with applicable regulations and that, on the basis of the inspection and review, the engineer has concluded:

(1) That the facility is not an open dump;

(2) That the facility does not pose a substantial present or potential hazard to human health and the environment; and

(3) That the leachate or residues from the facility do not pose a threat of contamination or pollution of the air, surface water, or groundwater in a manner constituting an open dump or resulting in a substantial present or potential hazard to human health or the environment; and

c. A statement signed by the owner or operator:

(1) That the facility complies with applicable financial assurance regulations; and

leachate or residues from the facility do not pose a threat of contamination or pollution of the air, surface water, or groundwater in a manner constituting an open dump or resulting in a substantial present or potential hazard to human health or the environment; and

c. A statement signed by the owner or operator:

(1) That the facility complies with applicable financial assurance regulations; and

(2) Estimating when the facility will reach its vertical design capacity.

3. Enlargement or closure of these facilities shall conform with the following subconditions:

a. The facility may not be enlarged prematurely to avoid compliance with this chapter when such enlargement is not consistent with past operating practices, the permit, or modified operating practices to ensure good management.

b. The facility shall not dispose of solid waste in any portion of a landfill disposal area that has received final cover or has not received waste for a period of one year, in accordance with 9VAC20-81-160 C. The facility shall notify the department, in writing, within 30 days, when an area has received final cover or has not received waste for a one-year period, in accordance with 9VAC20-81-160 C. However, a facility may apply for a permit, and if approved, can construct and operate a new cell that overlays ("piggybacks") over a closed area in accordance with the permit requirements of this chapter.

c. The facilities subject to the restrictions in this subsection are listed in Table 2.1. The closure dates were established in Final Prioritization and Closure Schedule for HB 1205 Disposal Areas (DEQ, September 2001). The publication of these tables is for the convenience of the regulated community and does not change established dates. Any facility, including those listed in Table 2.1, must cease operation if that facility meets any of the open dump criteria listed in 9VAC20-81-45 A 1.

d

losure dates were established in Final Prioritization and Closure Schedule for HB 1205 Disposal Areas (DEQ, September 2001). The publication of these tables is for the convenience of the regulated community and does not change established dates. Any facility, including those listed in Table 2.1, must cease operation if that facility meets any of the open dump criteria listed in 9VAC20-81-45 A 1.

d. Those facilities assigned a closure date in accordance with § 10.1-1413.2 of the Code of Virginia shall designate on a map, plat, diagram, or other engineered drawing, areas in which waste will be disposed of in accordance with Table 2.1 until the latest cessation of waste acceptance date as listed in Table 2.1 is achieved. This map or plat shall be placed in the operating record and a copy shall be submitted upon request to the department in order to track the progress of closure of these facilities. If the facility already has provided this information under 9VAC20-81-160 , then the facility may refer to that information.

TABLE 2.1 Final Prioritization and Closure Schedule For House Bill (HB) 1205 Disposal Areas

TABLE 2.1 Final Prioritization and Closure Schedule For House Bill (HB) 1205 Disposal Areas

Solid Waste Permit Number and Site Name Location Department Regional Office 1 Latest Cessation of Waste Acceptance Date 2

Solid Waste Permit Number and Site Name

Location

Department Regional Office 1

Latest Cessation of Waste Acceptance Date 2

429 - Fluvanna County Sanitary Landfill Fluvanna County VRO 12/31/2007

429 - Fluvanna County Sanitary Landfill

Fluvanna County

VRO

12/31/2007

92 - Halifax County Sanitary Landfill 3 Halifax County BRRO 12/31/2007

92 - Halifax County Sanitary Landfill 3

Halifax County

BRRO

12/31/2007

49 - Martinsville Landfill City of Martinsville BRRO 12/31/2007

49 - Martinsville Landfill

City of Martinsville

BRRO

12/31/2007

14 - Mecklenburg County Landfill Mecklenburg County BRRO 12/31/2007

14 - Mecklenburg County Landfill

Mecklenburg County

BRRO

12/31/2007

228 - Petersburg City Landfill 3 City

fax County BRRO 12/31/2007

92 - Halifax County Sanitary Landfill 3

Halifax County

BRRO

12/31/2007

49 - Martinsville Landfill City of Martinsville BRRO 12/31/2007

49 - Martinsville Landfill

City of Martinsville

BRRO

12/31/2007

14 - Mecklenburg County Landfill Mecklenburg County BRRO 12/31/2007

14 - Mecklenburg County Landfill

Mecklenburg County

BRRO

12/31/2007

228 - Petersburg City Landfill 3 City of Petersburg PRO 12/31/2007

228 - Petersburg City Landfill 3

City of Petersburg

PRO

12/31/2007

31 - South Boston Sanitary Landfill Town of South Boston BRRO 12/31/2007

31 - South Boston Sanitary Landfill

Town of South Boston

BRRO

12/31/2007

204 - Waynesboro City Landfill City of Waynesboro VRO 12/31/2007

204 - Waynesboro City Landfill

City of Waynesboro

VRO

12/31/2007

91 - Accomack County Landfill – Bobtown South Accomack County TRO 12/31/2012

91 - Accomack County Landfill – Bobtown South

Accomack County

TRO

12/31/2012

580 – Bethel Landfill 3 City of Hampton TRO 12/31/2012

580 – Bethel Landfill 3

City of Hampton

TRO

12/31/2012

182 - Caroline County Landfill Caroline County NVRO 12/31/2012

182 - Caroline County Landfill

Caroline County

NVRO

12/31/2012

149 - Fauquier County Landfill Fauquier County NVRO 12/31/2012

149 - Fauquier County Landfill

Fauquier County

NVRO

12/31/2012

405 - Greensville County Landfill Greensville County PRO 12/31/2012

405 - Greensville County Landfill

Greensville County

PRO

12/31/2012

29 - Independent Hill Landfill 3 Prince William County NVRO 12/31/2012

29 - Independent Hill Landfill 3

Prince William County

NVRO

12/31/2012

1 - Loudoun County Sanitary Landfill Loudoun County NVRO 12/31/2012

1 - Loudoun County Sanitary Landfill

Loudoun County

NVRO

12/31/2012

194 - Louisa County Sanitary Landfill Louisa County NVRO 12/31/2012

194 - Louisa County Sanitary Landfill

Louisa County

NVRO

12/31/2012

227 - Lunenburg County Sanitary Landfill Lunenburg County BRRO 12/31/2012

227 - Lunenburg County Sanitary Landfill

Lunenburg County

BRRO

12/31/2012

507 - Northampton County Landfill Northampton County TRO 12/31

unty Sanitary Landfill

Loudoun County

NVRO

12/31/2012

194 - Louisa County Sanitary Landfill Louisa County NVRO 12/31/2012

194 - Louisa County Sanitary Landfill

Louisa County

NVRO

12/31/2012

227 - Lunenburg County Sanitary Landfill Lunenburg County BRRO 12/31/2012

227 - Lunenburg County Sanitary Landfill

Lunenburg County

BRRO

12/31/2012

507 - Northampton County Landfill Northampton County TRO 12/31/2012

507 - Northampton County Landfill

Northampton County

TRO

12/31/2012

90 - Orange County Landfill Orange County NVRO 12/31/2012

90 - Orange County Landfill

Orange County

NVRO

12/31/2012

75 - Rockbridge County Sanitary Landfill Rockbridge County VRO 12/31/2012

75 - Rockbridge County Sanitary Landfill

Rockbridge County

VRO

12/31/2012

23 - Scott County Landfill Scott County SWRO 12/31/2012

23 - Scott County Landfill

Scott County

SWRO

12/31/2012

587 - Shoosmith Sanitary Landfill 3 Chesterfield County PRO 12/31/2012

587 - Shoosmith Sanitary Landfill 3

Chesterfield County

PRO

12/31/2012

417 - Southeastern Public Service Authority Landfill 3 City of Suffolk TRO 12/31/2012

417 - Southeastern Public Service Authority Landfill 3

City of Suffolk

TRO

12/31/2012

461 - Accomack County Landfill #2 Accomack County TRO 12/31/2020

461 - Accomack County Landfill #2

Accomack County

TRO

12/31/2020

86 - Appomattox County Sanitary Landfill Appomattox County BRRO 12/31/2020

86 - Appomattox County Sanitary Landfill

Appomattox County

BRRO

12/31/2020

582 - Botetourt County Landfill 3 Botetourt County BRRO 12/31/2020

582 - Botetourt County Landfill 3

Botetourt County

BRRO

12/31/2020

498 - Bristol City Landfill City of Bristol SWRO 12/31/2020

498 - Bristol City Landfill

City of Bristol

SWRO

12/31/2020

72 - Franklin County Landfill Franklin County BRRO 12/31/2020

72 - Franklin County Landfill

Franklin County

BRRO

12/31/2020

398 - Virginia Beach Landfill #2 – Mount Trashmore II 3 City of Virginia Beach TRO 12/31/2020

398 - Virginia Beach Landfill #2 – Mount Trashmore II 3

City of Virginia Beach

TRO

12/31/2020

Notes: 1 Department of Environmental Q

tol City Landfill

City of Bristol

SWRO

12/31/2020

72 - Franklin County Landfill Franklin County BRRO 12/31/2020

72 - Franklin County Landfill

Franklin County

BRRO

12/31/2020

398 - Virginia Beach Landfill #2 – Mount Trashmore II 3 City of Virginia Beach TRO 12/31/2020

398 - Virginia Beach Landfill #2 – Mount Trashmore II 3

City of Virginia Beach

TRO

12/31/2020

Notes: 1 Department of Environmental Quality Regional Offices: BRRO - Blue Ridge Regional Office NVRO - Northern Virginia Regional Office PRO - Piedmont Regional Office SWRO - Southwest Regional Office TRO - Tidewater Regional Office VRO - Valley Regional Office 2 This date means the latest date that the disposal area must cease accepting waste. 3 A portion of these facilities operated under HB 1205 and another portion currently is compliant with Subtitle D requirements.

Notes: 1 Department of Environmental Quality Regional Offices:

BRRO - Blue Ridge Regional Office NVRO - Northern Virginia Regional Office PRO - Piedmont Regional Office SWRO - Southwest Regional Office TRO - Tidewater Regional Office VRO - Valley Regional Office

2 This date means the latest date that the disposal area must cease accepting waste. 3 A portion of these facilities operated under HB 1205 and another portion currently is compliant with Subtitle D requirements.

C. Facilities are authorized to expand beyond the waste boundaries existing on October 9, 1993, as follows:

1. Existing captive industrial landfills.

a. Existing nonhazardous industrial waste facilities that are located on property owned or controlled by the generator of the waste disposed of in the facility shall comply with all the provisions of this chapter except as shown in this subdivision 1.

b. Facility owners or operators shall not be required to modify the facility permit in order to expand a captive industrial landfill beyond the waste boundaries existing on October 9, 1993

e facilities that are located on property owned or controlled by the generator of the waste disposed of in the facility shall comply with all the provisions of this chapter except as shown in this subdivision 1.

b. Facility owners or operators shall not be required to modify the facility permit in order to expand a captive industrial landfill beyond the waste boundaries existing on October 9, 1993. Liners and leachate collection systems constructed beyond the waste boundaries existing on October 9, 1993, shall be constructed in accordance with the requirements in effect at the time of permit issuance.

c. Owners or operators of facilities that are authorized under this subdivision 1 to accept waste for disposal beyond the waste boundaries existing on October 9, 1993, shall ensure that such expanded disposal areas maintain setback distances applicable to such facilities in 9VAC20-81-120 .

d. Facilities authorized for expansion in accordance with this subdivision 1 are limited to expansion to the limits of the permitted disposal area existing on October 9, 1993, or the facility boundary existing on October 9, 1993, if no discrete disposal area is defined in the facility permit.

2. Other existing industrial waste landfills.

a. Existing nonhazardous industrial waste facilities that are not located on property owned or controlled by the generator of the waste disposed of in the facility shall comply with all the provisions of this chapter except as shown in this subdivision 2.

b. Facility owners or operators shall not be required to modify the facility permit in order to expand an industrial landfill beyond the waste boundaries existing on October 9, 1993. Liners and leachate collection systems constructed beyond the waste boundaries existing on October 9, 1993, shall be constructed in accordance with the requirements of 9VAC20-81-130 .

c

as shown in this subdivision 2.

b. Facility owners or operators shall not be required to modify the facility permit in order to expand an industrial landfill beyond the waste boundaries existing on October 9, 1993. Liners and leachate collection systems constructed beyond the waste boundaries existing on October 9, 1993, shall be constructed in accordance with the requirements of 9VAC20-81-130 .

c. Prior to the expansion of any such facility, the owner or operator shall submit to the department a written notice of the proposed expansion at least 60 days prior to commencement of construction. The notice shall include recent groundwater monitoring data sufficient to determine that the facility does not pose a threat of contamination of groundwater in a manner constituting an open dump or creating a substantial present or potential hazard to human health or the environment (see 9VAC20-81-45 ). The director shall evaluate the data included with the notification and may advise the owner or operator of any additional requirements that may be necessary to ensure compliance with applicable laws and prevent a substantial present or potential hazard to health or the environment.

d. Owners or operators of facilities that are authorized under this subdivision 2 to accept waste for disposal beyond the waste boundaries existing on October 9, 1993, shall ensure that such expanded disposal areas maintain setback distances applicable to such facilities in 9VAC20-81-120 and 9VAC20-81-130 .

e. Facilities authorized for expansion in accordance with this subdivision 2 are limited to expansion to the limits of the permitted disposal area existing on October 9, 1993, or the facility boundary existing on October 9, 1993, if no discrete disposal area is defined in the facility permit.

3. Existing construction/demolition/debris landfills.

a. Existing facilities that accept only construction/demolition/debris waste shall comply with all the provisions of this chapter except as shown in this subdivision 3.

b

the permitted disposal area existing on October 9, 1993, or the facility boundary existing on October 9, 1993, if no discrete disposal area is defined in the facility permit.

3. Existing construction/demolition/debris landfills.

a. Existing facilities that accept only construction/demolition/debris waste shall comply with all the provisions of this chapter except as shown in this subdivision 3.

b. Facility owners or operators shall not be required to modify their facility permit in order to expand a construction/demolition/debris landfill beyond the waste boundaries existing on October 9, 1993. Liners and leachate collection systems constructed beyond the waste boundaries existing on October 9, 1993, shall be constructed in accordance with the requirements of 9VAC20-81-130 .

c. Prior to the expansion of any such facility, the owner or operator shall submit to the department a written notice of the proposed expansion at least 60 days prior to commencement of construction. The notice shall include recent groundwater monitoring data sufficient to determine that the facility does not pose a threat of contamination of groundwater in a manner constituting an open dump or creating a substantial present or potential hazard to human health or the environment (see 9VAC20-81-45 ). The director shall evaluate the data included with the notification and may advise the owner or operator of any additional requirements that may be necessary to ensure compliance with applicable laws and prevent a substantial present or potential hazard to health or the environment.

d. Owners or operators of facilities that are authorized under this subdivision 3 to accept waste for disposal beyond the active portion of the landfill existing on October 9, 1993, shall ensure that such expanded disposal areas maintain setback distances applicable to such facilities in 9VAC20-81-120 and 9VAC20-81-130 .

e. Facilities, or portions thereof, that have reached vertical design capacity shall be closed in compliance with 9VAC20-81-160 .

f

ed under this subdivision 3 to accept waste for disposal beyond the active portion of the landfill existing on October 9, 1993, shall ensure that such expanded disposal areas maintain setback distances applicable to such facilities in 9VAC20-81-120 and 9VAC20-81-130 .

e. Facilities, or portions thereof, that have reached vertical design capacity shall be closed in compliance with 9VAC20-81-160 .

f. Facilities authorized for expansion in accordance with this subdivision 3 are limited to expansion to the permitted disposal area existing on October 9, 1993, or the facility boundary existing on October 9, 1993, if no discrete disposal area is defined in the facility permit.

4. Facilities or units undergoing expansion in accordance with the partial exemptions created by subdivision 1 b, 2 b, or 3 b of this subsection may not receive hazardous wastes generated by the exempt small quantity generators, as defined by the Virginia Hazardous Waste Management Regulations ( 9VAC20-60 ), for disposal on the expanded portions of the facility. Other wastes that require special handling in accordance with the requirements of Part VI ( 9VAC20-81-610 et seq.) of this chapter or that contain hazardous constituents that would pose a risk to health or environment, may only be accepted with specific approval by the director.

5. Nothing in subdivisions 1 b, 2 b, and 3 b of this subsection shall alter any requirement for groundwater monitoring, financial responsibility, operator certification, closure, postclosure care, operation, maintenance, or corrective action imposed under this chapter, or impair the powers of the director to revoke or modify a permit pursuant to § 10.1-1409 of the Virginia Waste Management Act or Part V ( 9VAC20-81-400 et seq.) of this chapter.

D

is subsection shall alter any requirement for groundwater monitoring, financial responsibility, operator certification, closure, postclosure care, operation, maintenance, or corrective action imposed under this chapter, or impair the powers of the director to revoke or modify a permit pursuant to § 10.1-1409 of the Virginia Waste Management Act or Part V ( 9VAC20-81-400 et seq.) of this chapter.

D. An owner or operator of a previously unpermitted facility or unpermitted activity that managed materials previously exempt or excluded from this chapter shall submit a complete application for a solid waste management facility permit, permit by rule, or permit modification, as applicable, in accordance with Part V ( 9VAC20-81-400 et seq.) of this chapter within six months after these materials have been defined or identified as solid wastes. If the director finds that the application is complete, the owner or operator may continue to manage the newly defined or identified waste until a permit or permit modification decision has been rendered or until a date two years after the change in definition, whichever occurs sooner; provided, however, that the owner or operator shall not operate or maintain an open dump, a hazard, or a nuisance.

Owners or operators of solid waste management facilities in existence prior to September 24, 2003, shall now be in compliance with this chapter. Where conflicts exist between the existing facility permit and the new requirements of the regulations, the regulations shall supersede the permit except where the standards in the permit are more stringent than the regulation. Language in an existing permit shall not act as a shield to compliance with the regulation, unless a variance to the regulations has been approved by the director in accordance with the provisions of Part VII ( 9VAC20-81-700 et seq.) of this chapter

ements of the regulations, the regulations shall supersede the permit except where the standards in the permit are more stringent than the regulation. Language in an existing permit shall not act as a shield to compliance with the regulation, unless a variance to the regulations has been approved by the director in accordance with the provisions of Part VII ( 9VAC20-81-700 et seq.) of this chapter. Existing facility permits will not be required to be updated to eliminate requirements conflicting with the regulation, except at the request of the director or if a permit is modified for another reason. However, all sanitary landfills and incinerators that accept waste from jurisdictions outside of Virginia must have submitted the materials required under 9VAC20-81-100 E 4 by March 22, 2004.

E. This chapter is not applicable to landfill units closed in accordance with regulations or permits in effect prior to December 21, 1988, unless releases from these closed landfills meet the open dump criteria found in 9VAC20-81-45 , or the closed landfills are found to be a hazard or a nuisance under subdivision 21 of § 10.1-1402 of the Code of Virginia or a site where improper waste management has occurred under subdivision 19 of § 10.1-1402 of the Code of Virginia.

F. Part VIII ( 9VAC20-81-800 et seq.) of this chapter applies to the following:

1. Owners and operators of new and existing CCR landfills and CCR surface impoundments, including any lateral expansions of such units that dispose or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers;

2. Disposal units located off site of the electric utility or independent power producer. Part VIII of this chapter also applies to any practice that does not meet the definition of a beneficial use of CCR; and

3. Inactive CCR surface impoundments at active electric utilities or independent power producers, regardless of the fuel currently used at the facility to produce electricity.

G

producers;

2. Disposal units located off site of the electric utility or independent power producer. Part VIII of this chapter also applies to any practice that does not meet the definition of a beneficial use of CCR; and

3. Inactive CCR surface impoundments at active electric utilities or independent power producers, regardless of the fuel currently used at the facility to produce electricity.

G. Part VIII of this chapter is not applicable to the following:

1. CCR landfills that have ceased receiving CCR prior to October 19, 2015;

2. Wastes, including fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated at facilities that are not part of an electric utility or independent power producer, such as manufacturing facilities, universities, and hospitals;

3. Fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated primarily from the combustion of fuels (including other fossil fuels) other than coal, for the purpose of generating electricity, unless the fuel burned consists of more than 50% coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal;

4. Practices that meet the definition of a beneficial use of CCR;

5. CCR placement at active or abandoned underground or surface coal mines; or

6. Municipal solid waste landfills that receive CCR.