9 Va. Admin. Code § 20-81-300 - 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:
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.
Notes
Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.
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