 |
Virginia Administrative Code (Last Updated: January 10, 2017) |
 |
Title 18. Professional and Occupational Licensing |
|
Agency 155. Board for Waste Management Facility Operators |
|
Chapter 20. Waste Management Facility Operators Regulations |
Section 285. Prohibited acts
-
Any of the following are cause for disciplinary action:
1. Violating or inducing another to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.) or 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia, or any provision of this chapter.
2. Obtaining or renewing a license through fraudulent means or misrepresentation.
3. Having been found guilty by the board, an administrative body, or by a court of any material misrepresentation in the course of performing his operating duties.
4. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of jurisdiction, of any felony or any violation that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom, or the time of appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. A certified copy of the final order, decree, or case decision by a court or regulatory agency with lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction.
5. Failing to inform the board in writing within 30 days of pleading guilty to, pleading nolo contendere to, being convicted of, or being found guilty of (i) any felony or (ii) any violation that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
6. Gross negligence, or a continued pattern of incompetence, in the practice of a waste management facility operator.
7. Violating the permit conditions for the facility, or violating federal, state, or local laws or regulations, which resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
8. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination.
Historical Notes
Derived from Volume 32, Issue 22, eff. August 1, 2016.