Section 70. Enforcement and appeal

A. All administrative enforcement and appeals taken from actions of the director relative to the provisions of this chapter shall be governed by Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. Enforcement of this chapter will be in accord with §§ 10.1-1186, 10.1-1411 and 10.1-1455 of the Code of Virginia.

B. After July 1, 2007, no permit for a new sanitary landfill, incinerator, or waste-to-energy facility, or for an expansion, increase in capacity, or increase in the intake rate of an existing sanitary landfill, incinerator, or waste-to-energy facility shall be issued until the solid waste planning unit within which the facility is located has a solid waste management plan approved by the board in accordance with the regulations, except as otherwise provided in § 10.1-1411 of the Code of Virginia and the permit complies with the statutory requirements of the Virginia Waste Management Act, §§ 10.1-1408.1 D 1 (iv) and 10.1-1411 of the Code of Virginia. These provisions shall not be applicable to permits or permit amendments required for the operation or regulatory compliance of any existing facility, regardless of type, nor shall it be cause for the delay of any technical or administrative review of pending amendments thereto.

C. Failure to attain a mandated municipal solid waste recycling rate shall not be the sole cause for the denial of any permit or permit amendment, except as provided herein for sanitary landfills, incinerators, or waste-to-energy facilities, provided that all components of the solid waste management plan for the planning unit are in compliance with the regulations.

D. No application for a new solid waste management facility permit or for a modification of a permit to allow an existing solid waste management facility to expand or increase its capacity shall be complete unless the application contains certification, from the governing body for the locality in which the facility is or will be located, that (i) the proposed new facility or the expansion or increase in capacity of the existing facility is consistent with the applicable local or regional solid waste management plan developed and approved pursuant to § 10.1-1411 of the Code of Virginia; or (ii) the local government or solid waste management planning unit has initiated the process to revise the solid waste management plan to include the new or expanded facility. Inclusion of such certification shall be sufficient to allow processing of the permit application, up to but not including publication of the draft permit or permit amendment for public comment, but shall not bind the director in making the determination required by § 10.1-1408.1 D 1 of the Code of Virginia.

E. No application for coverage under a permit-by-rule or for modification of coverage under a permit-by-rule shall be complete unless it contains certification from the governing body of the locality in which the facility is to be located that the facility is consistent with the solid waste management plan developed and approved in accordance with § 10.1-1411 of the Code of Virginia.

Historical Notes

Derived from VR672-50-01 § 2.6, eff. May 15, 1990; amended, Volume 17, Issue 21, eff. August 1, 2001; Volume 24, Issue 04, eff. November 28, 2007.

Statutory Authority

§ 10.1-1411 of the Code of Virginia; 42 USC § 6942(b), 40 CFR Parts 255 and 256.