Section 50. Requirement of certification and waiver

Part II. Initiation of Certification Process

A. No person shall construct or commence construction of a hazardous waste facility without first obtaining a certification of site approval by the board in the manner prescribed here.

An owner or operator of a facility may submit a notice of intent as prescribed in 9VAC20-40-60 or submit a request for a waiver from the procedures established in the Act and this chapter.

B. Upon receiving a written request from the owner or operator of a facility, the board may grant a waiver upon such conditions as it may determine, provided that the proposed changes to the facility are designed to:

1. Prevent a threat to human health or the environment because of an emergency situation;

2. Comply with federal or state laws and regulations promulgated after July 1, 1984; or

3. Demonstrably result in safer or environmentally more acceptable processes.

C. The waiver provisions of this chapter shall apply to existing facilities when construction is defined to be:

1. The alteration or expansion of existing structures or facilities to initially accommodate hazardous waste;

2. Any expansion of more than 50% of the area or capacity of an existing hazardous waste facility; or

3. Any change in the design or process of a hazardous waste facility that will result in a substantially different type of facility or will cause the facility to be reclassified as a higher numbered category.

D. Emergency situation.

1. Scope of waiver. The owner or operator of a facility may be permitted to make changes which are designed to prevent a threat to human health or the environment because of an emergency situation.

2. Applying for waiver. The owner or operator of the facility may obtain verbal approval from the director effective for a period up to 30 days, unless revised by the board at its next regular meeting, and, in addition, must submit the request for waiver in writing to the director. The request at a minimum must contain the following information:

a. The name and address of the owner or operator or both of the facility;

b. Location of the facility and a description of its operation;

c. Description of the circumstances creating the emergency situation;

d. Description of the resulting threat to human health or the environment or both;

e. Description of the changes to be made in the facility; and

f. Efforts to restore the facility to original conditions of certification after emergency conditions are abated.

3. The waiver. Upon receipt of the request, the director will grant or deny the request for waiver. In the event the director grants the request for waiver, such waiver is subject to the approval of the board at its next regularly scheduled meeting. If the director denies the request, the applicant may renew the request at the next regularly scheduled meeting of the board.

E. State or federal laws; more acceptable process.

1. Scope of waiver. The owner or operator of a facility may be permitted to make changes which are designed to comply with state or federal laws enacted or regulations promulgated after July 1, 1984, or changes which demonstrably result in safer or environmentally more acceptable processes.

2. Applying for waiver. The owner or operator of the facility must make the request in writing to the director. At a minimum the request must contain the following information:

a. Name and address of the owner or operator of the facility;

b. Location of the facility and a description of its operation; and

c. Either:

(1) A copy of the state or federal law or regulation necessitating the change, if applicable, and a description of the changes to be made in the facility to effect compliance with the law or regulation; or

(2) A description of the changes the owner or operator wishes to make and an analysis demonstrating the improved safety or environmental soundness resulting from the changes.

3. The waiver. At its next regularly scheduled meeting, the board will consider the request for waiver. The owner or operator or his representative should attend the meeting. At the meeting the board may:

a. Grant the request for waiver;

b. Deny the request for waiver;

c. Determine that additional information is needed from the owner or operator;

d. Decide that a public hearing is needed; or

e. Take any other action the board deems appropriate.

4. Should the board decide to hold a public hearing, it will also determine from among the following who will conduct the hearing: a member or members of the board, the director, or both, or a hearing officer appointed from outside the board. The director will give notice of the hearing to the same parties and in the same manner as described in 9VAC20-40-60 C, regarding distribution of the notice of intent. The owner or operator shall provide the director with a list of the names and addresses of all owners of property adjoining the facility. The notice of the hearing shall specify the date, time, and location of the hearing and include a copy of the request for waiver.

Historical Notes

Derived from VR672-01-4 § 2.1, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005; Volume 32, Issue 24, eff. August 24, 2016.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.