Section 490. Effect of the permit

A. A completed permit for a solid waste management facility shall be prepared at the conclusion of the procedures outlined in 9VAC20-81-450. The permit shall be prepared in detail to establish the construction requirements, monitoring requirements, operating limitations or guides, waste limitations if any, and any other details essential to the operation and maintenance of the facility and its closure. Before receipt of waste by the facility, the applicant must:

1. Notify the department, in writing, that construction has been completed; and submit to the department a letter from a professional engineer certifying that the facilities have been completed in accordance with the approved plans and specifications and is ready to begin operation. This certification letter is in addition to the CQA certification required in 9VAC20-81-130 Q 3 and must be provided by a different individual than the CQA certification. This certification letter is typically provided by the design engineer.

2. Arrange for a department representative to inspect the site and confirm that the site is ready for operation.

B. Certificate-to-Operate (CTO). Following review of a complete CQA certification and site inspection the department shall issue a CTO authorizing the facility to begin receiving waste. The facility shall not receive waste until a CTO has been issued by the department.

C. Inspections. Each facility permitted to accept solid waste requires periodic inspection and review of records and reports. Such requirements shall be set forth in the final permit issued by the department. The permit applicant by accepting the permit, agrees to the specified periodic inspections.

D. Compliance with a valid permit during its term constitutes compliance, for purposes of enforcement, with the Virginia Waste Management Act. However, a permit may be modified, revoked and reissued, or revoked for cause as set forth in 9VAC20-81-570 and 9VAC20-81-600.

E. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.

F. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of federal, Commonwealth, or local law or regulations.

G. A permit may be transferred by the permittee to a new owner or operator only if the permit has been revoked and reissued, or a minor modification made to identify the new permittee and incorporate such other requirements as may be necessary. Upon presentation of the financial assurance proof required by 9VAC20-70 by the new owner, the department will release the old owner from his closure and financial responsibilities and acknowledge existence of the new or modified permit in the name of the new owner.

H. This section provides for the approval of permits or permit modifications that include a time allowance for the permittee to achieve the new standards contained in the approved permit or permit modification.

1. The permit may specify a schedule of compliance leading to compliance with this chapter.

a. Any schedules of compliance under this subsection shall require compliance as soon as possible.

b. Except as otherwise provided, if a permit establishes a schedule of compliance that exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

(1) The time between interim dates shall not exceed one year; and

(2) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages of completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

c. The permit shall be written to require that no later than 14 days following each interim date and the final date of compliance, a permittee shall notify the department, in writing, of his compliance or noncompliance with the interim or final requirements.

2. A permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of solid waste, and, in case of treatment or storage facilities, closing pursuant to applicable requirements, or, in case of disposal facilities, closing and conducting postclosure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows:

a. If the permittee decides to cease conducting regulated activities at a specified time for a permit that has already been issued:

(1) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

(2) The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.

b. If the decision to cease conducting regulated activities is made before the issuance of a permit whose terms will include the termination date, the permit shall contain a schedule leading to termination that will ensure timely compliance with applicable requirements.

c. If the permittee is undecided whether to cease conducting regulated activities, the director may issue or modify a permit to continue two schedules as follows:

(1) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date that ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;

(2) One schedule shall lead to timely compliance with applicable requirements;

(3) The second schedule shall lead to cessation of regulated activities by a date that will ensure timely compliance with applicable requirements; and

(4) Each permit containing two schedules shall include a requirement that, after the permittee has made a final decision, he shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.

d. The applicant's decisions to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the department, such as a resolution of the board of directors of a corporation.

Historical Notes

Derived from Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011.

Statutory Authority

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