Section 395. Miscellaneous facilities

A. The requirements in this section apply to owners and operators of facilities that treat or store solid waste in facilities or units not otherwise regulated under Part III (9VAC20-81-100 et seq.) of this chapter or 9VAC20-81-310 through 9VAC20-81-385.

B. A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, siting, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of solid waste or constituents of solid wastes from the unit. Permit terms and provisions shall include those requirements of Part III (9VAC20-81-100 et seq.), 9VAC20-81-310 through 9VAC20-81-385, and Part V (9VAC20-81-400 et seq.), that are appropriate for the miscellaneous unit being permitted.

C. Protection of human health and the environment includes, but is not limited to:

1. Proper location of the facility and the unit considering:

a. The hydrologic and geologic characteristics of the unit and the surrounding area, including the topography of the land around the facility and the unit;

b. The atmospheric and meteorological characteristics of the unit and the surrounding area;

c. The patterns of precipitation in the region;

d. The patterns of land use in the surrounding area;

e. The potential for health risks caused by human exposure to waste constituents; and

f. The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.

2. Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the ground water or subsurface environment, considering:

a. The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;

b. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater;

c. The quantity and direction of groundwater flow;

d. The proximity to and withdrawal rates of current and potential groundwater uses; and

e. The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation.

3. Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in surface water, or wetlands or on the soil surface considering:

a. The volume and physical and chemical characteristics of the waste in the unit;

b. The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;

c. The quantity, quality, and direction of groundwater flow;

d. The proximity of the unit to surface waters;

e. The current and potential uses of nearby surface waters and any water quality standards established for those surface waters; and

f. The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils.

4. Prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering:

a. The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates;

b. The effectiveness and reliability of systems and structures to reduce or prevent emissions of waste constituents to the air;

c. The operating characteristics of the unit; and

d. The existing quality of the air, including other sources of contamination and their cumulative impact on the air.

D. Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies, when called for by the performance standards in subsection C of this section, shall ensure compliance with any applicable requirements of Parts V (9VAC20-81-400 et seq.), VI (9VAC20-81-610), or VIII (9VAC20-81-700) of this chapter, as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.

E. Closure shall be in accordance with 9VAC20-81-160 D.

F. Postclosure care. If a treatment or storage unit has contaminated soils or groundwater that cannot be completely removed or decontaminated during closure, it shall close as a disposal unit in accordance with the requirements of 9VAC20-81-160 and 9VAC20-81-170.

Historical Notes

Derived from Volume 27, Issue 12, eff. March 16, 2011.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.