12 Va. Admin. Code § 5-481-2420 - Conditions of licenses
A. A
license issued under this part, or any right thereunder, may be transferred,
assigned, or in any manner disposed of, either voluntarily or involuntarily,
directly or indirectly, through transfer of control of the license to any
person, only if the agency finds, after securing full information, that the
transfer is in accordance with the provisions of the Act and gives its consent
in writing in the form of a license amendment.
B. The licensee shall submit written
statements under oath upon request of the agency , at any time before
termination of the license, to enable the agency to determine whether the
license should be modified, suspended, or revoked.
C. The license will be terminated only on the
full implementation of the final closure plan as approved by the agency ,
including post-closure observation and maintenance.
D. The licensee shall be subject to the
provisions of the Act now or hereafter in effect, and to all rules,
regulations, and orders of the agency. The terms and conditions of the license
are subject to amendment, revision, or modification, by reason of amendments
to, or by reason of rules, regulations, and orders issued in accordance with
the terms of the Act .
E. Each
person licensed by the agency pursuant to the regulations in this part shall
confine possession and use of materials to the locations and purposes
authorized in the license.
F. The
licensee shall not dispose of waste until the agency has inspected the land
disposal facility and has found it to be in conformance with the description,
design, and construction described in the application for a license.
G. The agency may incorporate in any license
at the time of issuance, or thereafter, by appropriate rule, regulation or
order, additional requirements and conditions with respect to the licensee's
receipt, possession, and disposal of waste as it deems appropriate or necessary
in order to:
1. Protect health or to minimize
danger to life or property;
2.
Require reports and the keeping of records, and to provide for inspections of
activities under the license that may be necessary or appropriate to effectuate
the purposes of the Act and regulations thereunder.
H. The authority to dispose of wastes expires
on the date stated in the license . Any expiration date on a license applies
only to the above ground activities and to the authority to dispose of waste.
Failure to renew the license shall not relieve the licensee of responsibility
for implementing site closure, post-closure observation, and transfer of the
license to the site owner.
I. Each
licensee shall notify the agency in writing immediately following the filing of
a voluntary or involuntary petition for bankruptcy under any Chapter of Title
11 (Bankruptcy) of the United States Code by or against:
1. The licensee ;
2. An entity (as that term is defined in 11
USC § 101(15) ) controlling the licensee or listing the license or
licensee as property of the estate; or
J. The notification specified in this section
shall indicate the bankruptcy court in which the petition for bankruptcy was
filed and the date of the filing of the petition.
Notes
Statutory Authority
§ 32.1-229 of the Code of Virginia.
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