18VAC155-20 Waste Management Facility Operators Regulations

REGULATIONS

Vol. 31 Iss. 20 - June 01, 2015

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Chapter 20

Proposed Regulation

Title of Regulation: 18VAC155-20. Waste Management Facility Operators Regulations (amending 18VAC155-20-10, 18VAC155-20-40, 18VAC155-20-110 through 18VAC155-20-140, 18VAC155-20-160, 18VAC155-20-220, 18VAC155-20-230, 18VAC155-20-280; adding 18VAC155-20-235, 18VAC155-20-285; repealing 18VAC155-20-20, 18VAC155-20-30, 18VAC155-20-100, 18VAC155-20-150, 18VAC155-20-175).

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.

Public Hearing Information:

June 11, 2015 - 10 a.m. - Department of Professional and Occupational Regulation, Perimeter Center, 9960 Mayland Drive, 2nd Floor, Training Room 2, Richmond, VA 23233

Public Comment Deadline: July 31, 2015.

Agency Contact: Eric L. Olson, Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Basis: Section 54.1-2211 A of the Code of Virginia states that, "The Board shall promulgate regulations and standards for the training and licensing of waste management facility operators."

Purpose: In the course of performing a general review of the regulations, the board found several sections that were unnecessary, confusing, or overly burdensome. Additionally, the formatting of some of the sections of the regulation was inconsistent, often making it difficult to find initial license eligibility criteria information, education requirements for renewal of existing licenses, and identification of conduct elements that, if not followed, could result in disciplinary action. It is imperative that a regulatory board effectively communicate its requirements and expectations in a manner that is consistent, is easy to understand, and allows requirements to be easily located. Clear, concise, less burdensome, and easy to follow regulations result in a more informed base of licensed individuals and directly affects the health, safety, and welfare of citizens.

Substance: Proposed amendments:

1. Clarify definitions, remove unnecessary language, and add language to definitions to read more clearly (18VAC155-20-10).

2. Repeal 18VAC155-20-20 and 18VAC155-20-100 because the requirements are addressed in statute.

3. Relocate provisions of 18VAC155-20-30 to 18VAC155-20-120.

4. Remove the fee for training course approvals (18VAC155-20-40).

5. Remove subsections A, C, D, E, and F and subdivisions B 2, B 3, B 4, B 6, B 7, B 8, and B 9 of 18VAC155-20-120 to consolidate the section and make the language clearer.

6. Remove subsection B of 18VAC155-20-130 because it is unnecessary.

7. Remove subdivisions A 2, A, A 4, A 5, B 2, and B3 of 18VAC155-20-140 and language is amended to clarify examination requirements.

8. Repeal 18VAC155-20-150 to allow the board more flexibility when approving agreements.

9. Repeal 18VAC155-20-160 E.

10. Relocate provisions of 18VAC155-20-175 to 18VAC155-20-220.

11. Clarify training requirements in 18VAC155-20-220.

12. Make the language in 18VAC 55-20-230 and 18VAC155-20-280 read more clearly.

13. Add 18VAC155-20-235 and 18VAC155-20-285 to add new guidelines on education providers and to clarify prohibited acts.

Issues: The proposed amendments are implemented as a result of a line-by-line review of the current regulations that identified those that are unnecessary and overly burdensome. An advantage to the public is the simplification of eligibility requirements. Additionally, the format of the regulations is simplified to eliminate difficulties for licensees and the public to locate provisions necessary for public protection. There are no disadvantages to the public. In amending the regulations, the Board for Waste Management Facility Operators is continuing to provide necessary public protection tasked to them through existing statutes. The advantage to the agency is that staff will be able to more easily explain the regulations to licensees and the public. There are no disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Waste Management Facility Operators (Board) proposes to amend its regulations to: 1) simplify regulatory language and eliminate language that is duplicative of the Code of Virginia or Board agreements, 2) explicitly state that applicants for licensure must follow the rules of facilities where they take their licensure exams, 3) eliminate the application fee for training course approval, 4) eliminate the requirement that applicants for licensure who have failed the written examination twice recomplete all initial training and 5) eliminate the requirement that applicants for initial licensure must have successfully completed either high school or a college degree program or have received a generalized equivalency diploma (GED).

Result of Analysis. Benefits likely exceed costs for all proposed regulatory changes.

Estimated Economic Impact. Current regulations contain text that is duplicative of the Code of Virginia or that may be duplicative of, or conflict with, other Board material such as license reciprocity agreements signed with other states. The Board proposes to eliminate regulatory text that falls into these categories. Affected entities are unlikely to incur costs on account of clarifying changes such as these. These changes are likely to benefit regulated entities as they will likely eliminate confusion that may arise when regulatory text conflicts with other pertinent documents.

Current regulations are silent on acceptable behavior for licensee applicants at independent testing facilities. Board staff reports, however, that testing facilities have had issues with individuals attempting to cheat and individuals who have threatened test proctors. To address concerns for such behavior, the Board proposes to add regulatory language that reminds potential licensees that they must follow the rules of the testing facility as a condition of licensure. No applicant for licensure is likely to incur costs on account of this change as they have to follow the rules of the testing facility they use anyway or risk not successfully completing their exam. Some applicants may benefit, however, from the additional reminder that bad behavior at a testing facility may adversely impact their chances to gain licensure.

Currently, potential training course providers must pay a $125 application fee and present their curricula to the Board for approval. The Board now proposes to eliminate the $125 application fee as unnecessary. Board staff reports that only very rarely does the Board get such an application but any entities that do want to newly provide Board-approved training in the future will benefit from the elimination of this fee.

Current regulations require that individuals who are applying for initial licensure "provide proof of high school or college graduation, or of having a General Equivalency Diploma (GED)" and also require that individuals who have twice taken, but failed to pass, the licensure examination to retake their basic training course (Board staff reports that this training takes eight hours and costs approximately $1,350). The Board proposes to eliminate both of these requirements as they are likely unnecessary since the licensure examination indicates who has the knowledge to be licensed regardless of degrees or diplomas held and irrespective of how individuals choose to remediate in the face of a failed examination.

No entity is likely to incur costs on account of these changes. Elimination of the diploma/degree requirement is likely to slightly increase the pool of individuals who are likely to be able to achieve licensure but is unlikely to increase the number of entities working as waste management facility operators since licensed individuals are in every case employed by localities or private owners of waste management facilities. Entities who wish to become licensed will benefit from elimination of both of these requirements as both represent an unnecessarily burdensome barrier to completing licensure requirements.

Businesses and Entities Affected. The Department of Professional and Occupational Regulation (DPOR) reports that the Board currently licenses approximately 675 waste management facility operators. All of these individuals, as well as others who might someday seek to be licensed, will be affected by these proposed regulations.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action is unlikely to affect employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulations are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. No small business in the Commonwealth is likely to incur costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No small business in the Commonwealth is likely to incur costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action is unlikely to affect real estate development costs.

Legal Mandate. General: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order Number 17 (2014). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulation would apply,

• the identity of any localities and types of businesses or other entities particularly affected,

• the projected number of persons and employment positions to be affected,

• the projected costs to affected businesses or entities to implement or comply with the regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulation will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

Agency's Response to Economic Impact Analysis: The board concurs with the analysis.

Summary:

The proposed amendments (i) eliminate language that is duplicative of the Code of Virginia or board agreements, clarify existing sections, and consolidate duplicative sections; (ii) require that applicants for licensure follow the rules of facilities where they take their licensure exams; and (iii) simplify eligibility requirements by eliminating the application fee for training course approval, the requirement that applicants for licensure who have failed the written examination twice recomplete all initial training, and the requirement that applicants for initial licensure have successfully completed high school or a college degree program or have received a generalized equivalency diploma.

Part I
General

18VAC155-20-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

*"Board" means the Board for Waste Management Facility Operators.

"Board-approved training course" means a course that has been approved by the board to provide appropriate training to an applicant in accordance with this chapter.

"Class I license" means the authorization from the board to act as a waste management facility operator of a transfer station, a material recovery facility receiving mixed waste, an experimental facility, or a composting facility receiving yard waste.

"Class II license" means the authorization from the board to act as a waste management facility operator of a facility that composts municipal solid waste, a sanitary landfill, an industrial landfill, a construction landfill or a debris landfill.

"Class III license" means the authorization from the board to act as a waste management facility operator of an infectious waste incinerator or autoclave.

"Class IV license" means the authorization from the board to act as a waste management facility operator of a municipal waste combustor.

"Closed facility" means a solid waste management facility that has been properly secured in accordance with an approved facility closure plan.

"Closure" means an act of securing a solid waste management facility pursuant to the requirements established by the Virginia Department of Environmental Quality or appropriate regulatory authority.

"Contact hour" means 50 minutes of participation in a group program or 60 minutes of completion time for a project.

"Continuing professional education/training (CPE/T)" means an integral part of the lifelong learning process that enables a licensed solid waste management facility operator to maintain and increase the competence required to assure the public's protection, which shall be pursued through an organized program or project in compliance with this chapter.

"Department" means the Department of Professional and Occupational Regulation.

"Full-time employment" means 1,760 hours per year or 220 work days per year.

"In charge" means the designation of any person by the owner to have duty and authority to operate or modify the operation of a waste management facility.

"License" means an authorization issued by the board to an individual to practice as a waste management facility operator who meets the provisions of this chapter.

"Municipal solid waste (MSW)" means that waste that is defined as "municipal solid waste" in 9VAC20-80-10.

"Municipal waste combustor" means a mass burn or a refuse derived fuel incinerator or facility designed or modified for the purpose of noninfectious solid waste combustion.

"Operation" means any waste management facility that is under construction, treating, processing, storing or disposing of solid waste, or in the act of securing a facility for closure.

"Organized program" means a formal learning process designed to permit a participant to learn a given subject or subjects through interaction with an instructor in a formal course, seminar or conference.

"Owner" means the person who owns a solid waste management facility or part of a solid waste management facility.

*"Person" means an individual, corporation, partnership, association, governmental body, municipal corporation or any other legal entity.

"Project" means a learning process designed to permit a participant to perform work assigned by the owner, operator or manager of a waste management facility under the supervision of a knowledgeable person that results in a specific, predetermined end result and that increases the participant's competence to practice as a waste management facility operator.

"Site" means within the vicinity of all land and structures, other appurtenances, and improvements thereon used for treating, storing, and disposing of solid waste. This term includes adjacent land within the property boundary used for the utility systems such as repair, storage, shipping or processing areas, or other areas incident to the management of solid waste.

"Solid waste" means any of those materials defined as nonhazardous solid waste in regulations promulgated by the Virginia Department of Environmental Quality.

"Storage" means housing a solid waste as consistent with the regulations of the Virginia Waste Management Board.

"Substantial change" means a deviation from a specific course that decreases the approved time of the course by more than 30 minutes or modifies the topics of the approved course to below the target levels of knowledge, as stated in the course application.

*"Waste management facility" means a site used for planned treatment, storage, or disposal of nonhazardous solid waste.

*"Waste management facility operator" means any person, including an owner, who is in charge of the actual, on-site operation of a waste management facility during any period of operation.

*As defined by Chapter 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia.

18VAC155-20-20. License required. (Repealed.)

For the purposes of this chapter, the individual acting as a waste management facility operator is an individual employed or contracted by the facility owner whose responsibilities include supervision of on-site activities and who, on and after January 1, 1993, has been licensed by the Board for Waste Management Facility Operators or is under the direct supervision of a waste management facility operator licensed by the Board for Waste Management Facility Operators.

18VAC155-20-30. Disclosure. (Repealed.)

A. Any individual seeking licensure shall disclose on the application any other operator or related license issued by any other state(s).

B. Any individual seeking licensure shall disclose on the application any felony convictions or any final order actions issued by an administrative body or court regarding environmental violations or crimes resulting in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

C. Each licensee shall notify the board in writing within 30 days of any felony convictions or final order actions issued by an administrative body or court regarding environmental violations or crimes resulting in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

18VAC155-20-40. Fees.

A. All fees are nonrefundable and shall not be prorated.

B. An application shall not be deemed complete and shall not be processed without the required fee.

1. The application fee for licensure shall be $75.

2. The fee for renewal of licensure shall be $50.

3. The fee for late renewal of licensure shall be $75.

4. The fee for reinstatement of licensure shall be $125.

5. The examination fee is charged to the applicant by an outside vendor competitively negotiated and contracted for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the applicant in accordance with this contract.

6. The application fee for training course approval shall be $125.

C. All checks shall be made payable to the Treasurer of Virginia.

D. Receipt and deposit of fees submitted with applications do not indicate licensure.

Part II
Licensure

18VAC155-20-100. Licensure required. (Repealed.)

Licensure is required for all individuals acting as waste management facility operators after June 30, 1995.

18VAC155-20-110. License classification.

A. The applicant shall apply for at least one classification of license as outlined below:

1. An individual operating a facility that is defined by the Department of Environmental Quality as a transfer station, a material recovery facility receiving mixed waste, an experimental facility, or a composting facility receiving yard waste shall hold a Class I license. An individual who has obtained a Class II, III or IV license may also operate a facility listed under Class I, if the individual has completed the board-approved basic training course.

2. An individual operating a facility that composts municipal solid waste, or is defined by the Department of Environmental Quality as a sanitary, industrial, construction or debris landfill, shall hold a Class II license.

3. An individual operating a facility defined by the Department of Environmental Quality as an infectious waste incinerator or an autoclave shall hold a Class III license.

4. An individual operating a facility defined by the Department of Environmental Quality as a municipal waste combustor shall hold a Class IV license.

B. A licensee may not operate a facility outside of his classification other than that defined by subdivision A 1 of this section.

C. An individual operating a solid waste management facility that has been issued a permit by the Department of Environmental Quality but for which the board has not established training and licensure requirements shall hold a Class I license until the board establishes the training and licensing requirements by regulation.

18VAC155-20-120. Qualifications for licensure.

A. The board shall issue a license only after an individual has met, through a completed application and addendum, all training, testing, and experience requirements for at least one specific class as set forth in this chapter.

B. The applicant shall meet the following requirements for licensure for all classes of licenses:

A. Every applicant to the Board for Waste Management Facility Operators for licensure shall meet the requirements and have the qualifications provided in this subsection.

1. The applicant shall be at least 18 years of age.

2. The applicant shall provide proof of high school or college graduation, or of having a General Equivalency Diploma (GED).

3. An applicant who cannot fulfill the requirement outlined in subdivision 2 of this subsection shall document at least five years of verified experience with a waste management facility during the preceding seven years, with at least three years of experience in at least one of the following activities:

a. Supervision;

b. Research;

c. Construction;

d. Project development;

e. Site development;

f. Compliance and enforcement of a permit or regulations;

g. Operation; or

h. Review of materials for permitting purposes.

4. Except for applicants that qualify pursuant to subdivision 3 of this subsection, each applicant shall document one year of verified operational experience with a waste management facility.

5. All applicants shall successfully complete the basic training course as defined in 18VAC155-20-220 B.

6. An applicant may use employment responsibilities in lieu of facility specific training as defined in subsections D through F of this section provided that:

a. The applicant has been a full-time employee at a waste facility specific to the desired license classification for at least three of the past seven years.

b. The employment responsibilities include at least one of those activities enumerated in subdivision 3 of this subsection.

7. Experience requirements claimed on the application for licensure shall be verified by the individual's supervisor(s) or personnel officer. Individuals who are under contract with a facility owner may obtain a letter from the facility owner to verify experience.

8. Education requirements claimed on the application for licensure shall be verified by the attendee's educational institution or authorizing jurisdiction on the provided form or in the form of an official transcript or letter. Diplomas will not be accepted for verification of degree or graduation.

9. The applicant holding a valid license from another state or jurisdiction may qualify by reciprocity under the provisions of 18VAC155-20-150.

C. The specific requirements for Class I licensure are as follows:

1. Complete a board-approved basic training course; and

2. Pass the board-approved examination for Class I.

D. The specific requirements for Class II licensure are as follows:

1. Complete a board-approved basic training course and an approved training course specific to Class II facilities; and

2. Pass the board-approved examination for Class II.

E. The specific requirements for Class III licensure are as follows:

1. Complete a board-approved basic training course and an approved training course specific to Class III facilities and pass the board-approved examination for Class III; or

2. Complete the training and examination requirement of a federal or state agency under the federal Clean Air Act, as amended, as of the date applicable to an interpretation of a regulation or adjudication of a case decision and complete the board-approved basic training course within one year after licensure.

F. The specific requirements for Class IV licensure are as follows:

1. Complete a board-approved basic training course and an approved training course specific to Class IV facilities and pass the board-approved examination for Class IV; or

2. Complete the training and examination requirement of a federal or state agency under the federal Clean Air Act, as amended, as of the date applicable to an interpretation of a regulation or adjudication of a case decision and complete the board-approved basic training course within one year after licensure.

2. Unless otherwise exempt, the applicant shall have successfully completed a basic training course approved by the board. Additonally, an applicant for a Class II, III, or IV license shall complete a training course approved by the board specific to the license for which he applies.

3. Unless exempt, the applicant shall have passed the applicable examination provided by the board or by a testing organization acting on behalf of the board.

4. Each applicant shall document a minimum of one year of verified operational experience with a waste management facility of the same class for which he applies. Experience claimed on the application for licensure shall be verified by the individual's supervisor or personnel officer. Individuals who are under contract with a facility owner may obtain a letter from the facility owner to verify experience.

5. Applicants certified or licensed as a waste management facility operator by governing bodies outside of the Commonwealth of Virginia shall be considered to be in compliance with this chapter if the board or its designee has determined the certifying system to be substantially equivalent to the Virginia system.

6. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose a conviction, in any jurisdiction, of any misdemeanor or felony. Any plea of nolo contendere shall be considered a conviction for the purpose of this subdivision. The record of conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

7. The applicant shall report suspensions, revocations, or surrendering of a certificate or license in connection with a disciplinary action or that have been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure to any applicant based on prior suspensions, revocations, or surrender of certifications or licenses based on disciplinary action by any jurisdiction.

B. The board may make further inquiries and investigations with respect to the qualifications of the applicant.

18VAC155-20-130. Application procedures.

A. Application shall be made on forms supplied by the department, and application forms shall be completed in accordance with the instructions on the forms. Failure to provide a complete application and all applicable addenda may result in a denial of approval. The failure to provide complete information may be interpreted as misrepresentation and may result in disciplinary action as defined by 18VAC155-20-280.

B. Those already licensed who desire to add another classification or classifications to their license shall apply under the provisions of 18VAC155-20-110.

18VAC155-20-140. Examinations.

A. Initial examination.

1. An individual may not take the board-approved examination until all training requirements have been completed and are verified to the board unless qualifying under 18VAC155-20-120 B 6.

2. All applicants approved for the examination by the board will be notified in writing with a request for the examination fee defined in 18VAC155-20-40 B 5. The applicant will be scheduled for the next available examination upon receipt of the examination fee.

3. The examination fee will be required at least 30 days before the scheduled date of the examination.

4. All applicants shall achieve a passing score on the examination as determined by the board.

5. An individual unable to take an examination at the time scheduled shall notify the board prior to the date of the examination; such an individual shall be rescheduled for the next examination. Failure to notify the board may require the submittal of a new examination fee.

B. Reexamination.

1. An individual may retake the board-approved examination as many times as necessary to pass except those who have been waived from training requirements.

2. If the applicant has been waived from training under 18VAC155-20-120 B 6 and fails, the applicant may retake the examination once. After failing twice, the applicant shall complete the required training before retaking the examination.

3. Reexamination shall require the submission of the reexamination fee as defined in 18VAC155-20-40 B 5.

A. Applicants will be approved to sit for the examination for licensure once all education and experience requirements have been satisfied and documentation pertaining to all other qualifications have been received by the board.

B. An applicant must follow all rules established by the board or by the testing service acting on behalf of the board with regard to the conduct at the examination site. Such rules shall include any written instructions communicated prior to the examination date and any oral or written instructions given at the site on the date of the exam.

18VAC155-20-150. Reciprocity. (Repealed.)

A. Any individual holding a valid license in another state may apply for licensure based on reciprocity.

B. The board will certify an individual who submits a completed application and the initial application fee and is in compliance with 18VAC155-20-280.

C. All applicants licensed through reciprocity shall complete the basic training course within one year after being licensed in Virginia.

D. If the licensee fails to complete the basic course and fails to properly notify the board of such failure within one year after licensure, the board may begin disciplinary action to suspend or revoke the license.

Part III
Renewal of License

18VAC155-20-160. Procedures for renewal.

A. Licenses issued under this chapter shall expire two years from the last day of the month in which they were issued as indicated on the license. biennially. Licensees shall be notified by mail of the fee and the procedures for license renewal. Each licensee desiring to renew his license shall ensure that the department receives the renewal notice; evidence of completion of continuing professional education/training; a statement that the license renewal applicant is in compliance with all facility specific operator training and examination requirements of federal and Virginia law and regulations, and of the facility operating permit(s); and the appropriate fee before the license expires.

B. Licenses shall be renewed for a period of 24 months from the date of the expiring license. The board will mail a renewal notice to the licensee at the address on file with the board outlining the fee and procedures for license renewal. Failure to receive written notice from the department does not relieve the licensee from the requirement to renew his license. If the license holder fails to receive the renewal notice, a copy of the license may be submitted with evidence of completion of the continuing education requirements and the appropriate fee.

C. Failure to receive written notice from the department does not relieve the regulant from the requirement to renew his license. If the license holder fails to receive the renewal notice, a copy of the license may be submitted with evidence of completion of the continuing education/training and the appropriate fee.

D. C. The date the required fee is received by the department or its agent will be used to determine whether a penalty fee or the requirement for reinstatement of a license is applicable.

E. Revoked or suspended licenses are not renewable until reinstated by the board.

D. As a condition of renewal or reinstatement all individuals holding a license shall be required to satisfactorily complete eight hours of continuing education from a provider approved by the board in accordance with the provisions of this chapter.

18VAC155-20-175. Continuing professional education/training. (Repealed.)

A. Each applicant for license renewal shall provide evidence of the completion of at least eight contact hours of continuing professional education/training, as defined in 18VAC155-20-10 and in accordance with this section, except that no continuing professional education/training shall be required for the first renewal after the issuance of the initial license to an individual.

B. All CPE/T contact hours must be specific to the operation of a waste management facility.

C. Renewal applicants shall submit one or both of the following to document completion of the hours of CPE/T required by subsection A of this section:

1. For an organized program, a document with:

a. The name, address and telephone number of the sponsor;

b. The date(s) the applicant participated in the organized program;

c. A copy of the syllabus or other descriptive material of the information presented during the organized program; and

d. Verification of the number of contact hours completed that were specific to the operation of a waste management facility.

2. For a project, a document with:

a. The name and address of the waste management facility where the project was conducted;

b. The name of the owner, operator or manager of the facility who assigned the project;

c. The name, address and telephone number of the knowledgeable person assigned to supervise the license renewal applicant during the project;

d. A brief description of how the project's specific predetermined end result increased the license renewal applicant's competence; and

e. A statement of the number of contact hours required for the license renewal applicant to satisfactorily complete the project, which is signed by the owner, operator or manager of the facility where the project was conducted or by the knowledgeable person supervising the project.

D. The board shall advise the license renewal applicant of the approval of his CPE/T by issuing the renewed license provided all of the other renewal requirements of this chapter have been met. The board shall advise the license renewal applicant in writing of the deficiencies it finds in the CPE/T submitted and shall allow a reasonable amount of time for the renewal applicant to correct the deficiencies and respond.

E. Each licensee shall maintain evidence of the satisfactory completion of CPE/T for a period of three years. Such documentation shall be in the form required by subsection C of this section and shall be provided to the board or its duly authorized agents upon request.

F. CPE/T contact hours taken after the expiration of the individual's license to meet the CPE/T requirement of the prior license term shall not be reported for any future renewal.

Part IV
Training Requirements

18VAC155-20-220. Training course curriculum. Education courses.

A. The board shall approve only training courses that document that their instruction meets the minimum curriculum standards contained in this section. All training and continuing education courses must be completed through accredited colleges, universities, junior and community colleges, Virginia Apprenticeship Council programs, proprietary schools approved by the Virginia Department of Education, or other programs approved by the board.

B. A board-approved basic training course shall at a minimum include the following topics as they relate to nonhazardous solid waste management facilities:

1. Definitions.

2. Authority for regulations.

3. Purpose of regulations.

4. Administration of regulations.

5. Applicability of regulations.

6. Prohibitions.

7. Open dumps.

8. Unpermitted facilities.

9. Enforcement and appeal.

10. Penalties and enforcement.

11. Public participation.

12. Relationship with other regulations promulgated by the Virginia Waste Management Board, the State Water Control Board, and the Virginia State Air Pollution Control Board.

13. Identification of solid waste.

a. Purpose and scope.

b. Definitions of solid waste.

c. Special wastes.

d. Exclusions.

e. Conditional exemptions.

14. Identification of unauthorized waste.

15. Overview of open dumps and unpermitted facilities.

16. Permitting of solid waste management facilities.

17. Review of Department of Environmental Quality Inspection Form.

18. Overview of permitted solid waste management facilities.

a. Transfer stations.

b. Material recovery facilities.

c. Experimental facilities.

d. Sanitary landfills.

e. Infectious waste incinerators.

f. Mass burn facilities.

g. Refuse derived fuel facilities.

h. Yard waste composting facilities.

i. Autoclaves.

19. Overview of general OSHA requirements.

20. Neighbor relations.

21. Recordkeeping and financial assurance.

C. A board-approved training course specific to Class II facilities shall include at a minimum the following topics:

1. Definitions.

2. Special wastes.

a. General.

b. Asbestos wastes.

c. Wastes containing polychlorinated biphenyls.

d. Liquids.

e. Tires.

f. Drums.

g. White goods.

h. Soil contaminated with petroleum products.

i. Lead acid batteries.

j. Other prohibited wastes.

k. Hazardous wastes.

l. Screening for prohibited wastes.

m. Handling procedures for special or hazardous wastes.

n. Recordkeeping and notification requirements.

3. Sanitary landfills.

a. Design/construction.

b. Operation.

c. Groundwater monitoring.

d. Control of decomposition gases and landfill gas recovery systems.

e. Leachate control system and monitoring.

f. Leachate control system appurtenances.

g. Large landfill air operating permits.

4. Construction/demolition debris standards.

5. Industrial waste disposal standards.

6. Other solid waste management facility standards.

a. Compost facilities.

b.. Surface impoundments and lagoons.

c. Waste piles.

d. Miscellaneous units.

7. Permitting of solid waste management facilities.

a. Solid waste.

b. Virginia Pollution Discharge Elimination System (VPDES) permits and related water and wastewater permits.

c. Air.

8. Financial assurance documentation.

a. Closure regulations.

b. Post-closure regulations.

c. Corrective action.

9. Rulemaking petitions and procedures.

D. A board-approved training course specific to Class III facilities shall include at a minimum the following topics:

1. Identification and listing of infectious waste.

a. General.

b. Exemption to regulations.

c. Exclusions.

d. Characteristics of infectious waste.

e. Controlled infectious waste.

2. General requirements.

a. Permits and permits by rule.

b. Packaging and labeling requirements.

c. Management of spills.

d. Methods of treatment and disposal.

e. Approved test method.

f. Recordkeeping requirements.

3. Requirements for storage facilities.

a. Sanitation.

b. Access.

c. Temperature control and storage period.

d. Drainage and ventilation.

4. Requirements for transportation.

a. Sanitation.

b. Access.

c. Temperature and storage period.

d. Drainage.

e. Packaging, labeling and placards.

f. Management of spills.

g. Loading and unloading.

h. Registration of transportation.

5. Requirements for incineration.

a. Performance standards.

b. Analysis and management of ash residue.

c. Unloading operation.

d. Facility air operating permits.

e. Compliance with other regulatory requirements.

6. Requirements for steam sterilization.

a. Performance standards.

b. Compliance with other regulatory requirements.

7. Medical waste combustor regulations.

8. Financial assurance documentation.

a. Closure regulations.

b. Corrective action.

E. A board-approved training course specific to Class IV facilities shall include at a minimum the following topics:

1. Solid Waste Management Regulations.

a. Siting.

b. Design and construction.

c. Operation.

d. Waste characteristics.

2. Emissions formation and control.

a. Type of emissions.

b. Environmental effect.

c. Control techniques.

3. Emissions monitoring.

a. Parameters monitored.

b. Types of monitors.

c. Data acquisition.

d. Monitor calibration, certification and testing.

4. Combustion and gas reactions.

a. Combustion components.

b. Optimizing solid waste combustion.

c. Gas reactions related to combustor construction materials.

5. Solid waste materials handling.

a. Front end processing equipment.

b. Combustion enhancement.

c. Back end processing.

d. Recycling benefits.

6. Waste combustion residue handling and disposal.

a. Types of residue.

b. Characteristics.

c. Regulations.

d. Monitoring.

e. Handling and transportation.

f. Disposal.

g. Alternative uses.

7. Safety.

a. Employer/employee obligations.

b. OSHA.

c. Hazard communication.

d. Equipment tagout.

e. Respiratory protection.

8. Recordkeeping.

a. Engineering log keeping.

b. Maintenance.

c. Solid waste.

9. Virginia pressure vessel regulation.

10. Air pollution control regulations for waste combustors.

11. Facility air operating permits.

12. Plant operations.

a. Thermal fluids theory.

b. Boiler plant operations.

13. Financial assurance documentation.

a. Closure regulations.

b. Corrective action.

B. All continuing education courses must be specific to the operation of the class of waste management facility for which the course is being offered and must be approved by the board.

C. Each provider of a training or continuing education course shall submit an application for approval on a form provided by the board. The application shall include, but is not limited to:

1. The name of the provider;

2. Provider contact person, address, and telephone number;

3. Course contact hours;

4. Schedule of courses, if established, including dates, times, and locations;

5. Course syllabus;

6. Instructor information, including name, license number if applicable, education and training background, and a list of other appropriate trade designations or training certifications.

18VAC155-20-230. Approval of training course. Training records.

A. Each applicant for training course approval shall meet the requirements established by this chapter before being granted approval by the board. Those desiring approval of a training course shall apply on a form provided by the department. The form shall be completed in accordance with the instructions supplied, and shall be accompanied by three copies of the materials which document that the training course meets the requirements of this chapter and by the fee required by 18VAC155-20-40 B 6. Receipt and deposit of the required fee does not indicate board approval.

B. Training courses shall be approved by the board prior to the training activity in accordance with the following:

1. Training providers.

a. Organizations. The board may approve training courses offered by a sponsor who is an identifiable organization which can demonstrate the capability to teach environmental or engineering material. The organization shall have a mission statement outlining its functions, structure, process and philosophy, and a staff of one or more persons that has the authority to administer and coordinate the training program.

b. Schools. The board may approve training courses offered by an accredited academic institution which can demonstrate the capability to teach environmental or engineering material.

c. Businesses. The board may approve training courses offered by a business entity which can demonstrate the capability to teach environmental or engineering material.

2. Instructors. The training course provider shall ensure training is only conducted by personnel who have demonstrated competence in the subject being taught, an understanding of the learning objective, a knowledge of the teaching process to be used, and a proven ability to communicate.

3. Objectives. The training course provider shall ensure that the course has a series of stated objectives that are consistent with the type of facility, operator job requirements, and state and federal regulation. The training course shall be consistent with training criteria outlined in 18VAC155-20-220.

4. The board shall only approve courses which provide the participants a complete tour of a facility appropriate to the course emphasizing operator responsibilities. The basic training course is exempt from this requirement.

5. Course completion requirements. For successful completion of a training program, participants must attend 90% or more of the class contact time and the tour of the facility.

6. The training provider shall provide an effective means for evaluation of the quality of the course and the instructor(s).

7. The training provider shall ensure the number of participants and physical facilities are appropriate for the course content and teaching method specified by the developer of the course.

8. The training provider shall ensure all course materials are technically accurate, current and sufficient to meet the program's learning objectives.

C. Training records.

1. An approved training provider shall retain records for all participants for a period of 10 years and shall maintain a written policy on the retention and release of records.

2. All records pertaining to the approved training and participants shall be made available to the board immediately upon request.

D. The board shall consider the following information before deciding to approve or disapprove an application for training provider approval:

1. Course information.

a. Course title.

b. Planned audience.

c. Name of sponsor.

d. Name, address and telephone number of contact person.

e. Scheduled presentation dates.

f. Detailed course schedule on an hour-by-hour basis.

g. List of planned breaks.

h. Scheduled presentation locations.

i. Scheduled tour locations.

j. Instructor(s) resume.

2. Training materials.

a. Course objectives. A listing of the course objectives stated in terms of the skills and knowledge the participant will be able to demonstrate as a result of the training.

b. Course outline. A detailed outline showing the planned activities that will occur during the training program, including major topics, planned presentation sequence, tour activities, audio-visual presentations and other major activities.

c. Course reference materials. A list of name, publisher, and publication date of commercially available publications; for material developed specifically for the course, a copy of the reference material.

d. Audio-visual support materials. A list of any commercially available audio-visual support material that will be used in the course; a brief description of any audio-visual material generated by the sponsor or instructor.

e. Handouts. Identification of all commercially available handout material including regulations; copies of other handouts generated by the sponsor or instructor.

E. The board shall approve all substantial changes to the course before the changes may be implemented.

F. The board reserves the right to withdraw approval if the board determines the course is not adequately teaching participants, or the sponsor or an instructor violates this chapter.

An approved training provider shall retain records for all participants for a period of 10 years and shall maintain a written policy on the retention and release of records. All records pertaining to the approved training and participants shall be made available to the board immediately upon request.

18VAC155-20-235. Denial or withdrawal of approval.

The board may deny or withdraw the approval of any training or continuing education course for the following reasons:

1. Courses being offered no longer meet the standards established by the board;

2. The course provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way;

3. The course provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records or fails to produce records required by the Board for Waste Management Facility Operators.

4. The course provider fails to maintain student course completion records for a minimum of 10 years.

Part V
Disciplinary Action

18VAC155-20-280. Grounds for denial of application, denial of renewal, or discipline.

A. The board shall have the authority to (i) deny an application for and to deny renewal of a license or training course approval, and to (ii) revoke or suspend the license or training course approval as well as to, and (iii) discipline a licensee or an approved training provider for the following reasons: who is found to be in violation of the statutes or regulations governing the practice of licensed waste management facility operators.

1. Violating or inducing another to violate any provisions of Chapters 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 or training course approval 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 of 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 or nolo contendere or being convicted or found guilty of any felony, or of 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 as a waste management facility operator.

7. Violating the permit conditions for the facility, or violating any federal, state or local laws or regulations which that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

B. Any individual whose license is revoked under this section shall not be eligible to apply for licensure for a period of one year from the effective date of the final order of revocation. After the one-year period, the individual shall meet all education, examination, experience and training requirements, complete the application and submit the required fee for consideration as a new applicant.

C. The board shall conduct disciplinary procedures in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC155-20-285. 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.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (18VAC155-20)

License Application, 46LICPKG (rev. 5/05)

Experience Verification Form, 46EXP (rev. 5/00)

Education Verification Form, 46ED (rev. 5/00)

Application for Training Course Approval, 46CRS (rev. 5/00)

License Application, A438-4605LIC-v8 (rev. 8/15)

Training Course Approval Application, A438-46CRS-v4 (rev. 8/15)

VA.R. Doc. No. R13-3737; Filed May 5, 2015, 9:47 a.m.