{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1408.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1408.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1408.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1408.1.html"}],"law_id":83474,"edition_id":1,"section_id":83474,"structure_id":12812,"section_number":"10.1-1408.1","catch_line":"Permit required; open dumps prohibited","history":"1988, cc. 696, 891; 1989, c. 623; 1990, cc. 360, 781, 919; 1992, c. 286; 1993, cc. 214, 469, 476, 496; 1994, c. 614; 1995, c. 442; 1996, c. 236; 1997, c. 875; 1999, cc. 580, 584, 611, 613, 947; 2000, cc. 420, 422; 2006, c. 62; 2007, c. 23; 2012, c. 581; 2020, c. 621.","full_text":"A\n\nNo person shall operate any sanitary landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste without a permit from the Director.B\n\nNo application for (i) a new solid waste management facility permit or (ii) application for a permit amendment or variance allowing a category 2 landfill, as defined in this section, to expand or increase in capacity shall be complete unless it contains the following:1\n\nCertification from the governing body of the county, city or town in which the facility is to be located that the location and operation of the facility are consistent with all applicable ordinances. The governing body shall inform the applicant and the Department of the facility’s compliance or noncompliance not more than 120 days from receipt of a request from the applicant. No such certification shall be required for the application for the renewal of a permit or transfer of a permit as authorized by regulations of the Board;2\n\nA disclosure statement, except that the Director, upon request and in his sole discretion, and when in his judgment other information is sufficient and available, may waive the requirement for a disclosure statement for a captive industrial landfill when such a statement would not serve the purposes of this chapter;3\n\nIf the applicant proposes to locate the facility on property not governed by any county, city or town zoning ordinance, certification from the governing body that it has held a public hearing, in accordance with the applicable provisions of § 15.2-2204, to receive public comment on the proposed facility. Such certification shall be provided to the applicant and the Department within 120 days from receipt of a request from the applicant;4\n\nIf the applicant proposes to operate a new sanitary landfill or transfer station, a statement, including a description of the steps taken by the applicant to seek the comments of the residents of the area where the sanitary landfill or transfer station is proposed to be located, regarding the siting and operation of the proposed sanitary landfill or transfer station. The public comment steps shall be taken prior to filing with the Department the notice of intent to apply for a permit for the sanitary landfill or transfer station as required by the Department’s solid waste management regulations. The public comment steps shall include publication of a public notice once a week for two consecutive weeks in a newspaper of general circulation serving the locality where the sanitary landfill or transfer station is proposed to be located and holding at least one public meeting within the locality to identify issues of concern, to facilitate communication and to establish a dialogue between the applicant and persons who may be affected by the issuance of a permit for the sanitary landfill or transfer station. The public notice shall include a statement of the applicant’s intent to apply for a permit to operate the proposed sanitary landfill or transfer station, the proposed sanitary landfill or transfer station site location, the date, time and location of the public meeting the applicant will hold and the name, address and telephone number of a person employed by the applicant, who can be contacted by interested persons to answer questions or receive comments on the siting and operation of the proposed sanitary landfill or transfer station. The first publication of the public notice shall be at least fourteen days prior to the public meeting date.\n\t\t\t\tThe provisions of this subdivision shall not apply to applicants for a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill;5\n\nIf the applicant is a local government or public authority that proposes to operate a new municipal sanitary landfill or transfer station, a statement, including a description of the steps taken by the applicant to seek the comments of the residents of the area where the sanitary landfill or transfer station is proposed to be located, regarding the siting and operation of the proposed sanitary landfill or transfer station. The public comment steps shall be taken prior to filing with the Department the notice of intent to apply for a permit for the sanitary landfill or transfer station as required by the Department’s solid waste management regulations. The public comment steps shall include the formation of a citizens’ advisory group to assist the locality or public authority with the selection of a proposed site for the sanitary landfill or transfer station, publication of a public notice once a week for two consecutive weeks in a newspaper of general circulation serving the locality where the sanitary landfill or transfer station is proposed to be located, and holding at least one public meeting within the locality to identify issues of concern, to facilitate communication and to establish a dialogue between the applicant and persons who may be affected by the issuance of a permit for the sanitary landfill or transfer station. The public notice shall include a statement of the applicant’s intent to apply for a permit to operate the proposed sanitary landfill or transfer station, the proposed sanitary landfill or transfer station site location, the date, time and location of the public meeting the applicant will hold and the name, address and telephone number of a person employed by the applicant, who can be contacted by interested persons to answer questions or receive comments on the siting and operation of the proposed sanitary landfill or transfer station. The first publication of the public notice shall be at least fourteen days prior to the public meeting date. For local governments that have zoning ordinances, such public comment steps as required under §§ 15.2-2204 and 15.2-2285 shall satisfy the public comment requirements for public hearings and public notice as required under this section. Any applicant which is a local government or public authority that proposes to operate a new transfer station on land where a municipal sanitary landfill is already located shall be exempt from the public comment requirements for public hearing and public notice otherwise required under this section;6\n\nIf the application is for a new municipal solid waste landfill or for an expansion of an existing municipal solid waste landfill, a statement, signed by the applicant, guaranteeing that sufficient disposal capacity will be available in the facility to enable localities within the Commonwealth to comply with solid waste management plans developed pursuant to § 10.1-1411, and certifying that such localities will be allowed to contract for and to reserve disposal capacity in the facility. This provision shall not apply to permit applications from one or more political subdivisions for new landfills or expanded landfills that will only accept municipal solid waste generated within those political subdivisions’ jurisdiction or municipal solid waste generated within other political subdivisions pursuant to an interjurisdictional agreement;7\n\nIf the application is for a new municipal solid waste landfill or for an expansion of an existing municipal solid waste landfill, certification from the governing body of the locality in which the facility would be located that a host agreement has been reached between the applicant and the governing body unless the governing body or a public service authority of which the governing body is a member would be the owner and operator of the landfill. The agreement shall, at a minimum, have provisions covering (i) the amount of financial compensation the applicant will provide the host locality, (ii) daily travel routes and traffic volumes, (iii) the daily disposal limit, and (iv) the anticipated service area of the facility. The host agreement shall contain a provision that the applicant will pay the full cost of at least one full-time employee of the locality whose responsibility it will be to monitor and inspect waste transportation and disposal practices in the locality. The host agreement shall also provide that the applicant shall, when requested by the host locality, split air and water samples so that the host locality may independently test the sample, with all associated costs paid for by the applicant. All such sampling results shall be provided to the Department. For purposes of this subdivision, “host agreement” means any lease, contract, agreement or land use permit entered into or issued by the locality in which the landfill is situated which includes terms or conditions governing the operation of the landfill;8\n\nIf the application is for a locality-owned and locality-operated new municipal solid waste landfill or for an expansion of an existing such municipal solid waste landfill, information on the anticipated (i) daily travel routes and traffic volumes, (ii) daily disposal limit, and (iii) service area of the facility; and9\n\nIf the application is for a new solid waste management facility permit or for modification of a permit to allow an existing solid waste management facility to expand or increase its capacity, the application shall include 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; 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 subdivision D 1.C\n\nNotwithstanding any other provision of law:1\n\nEvery holder of a permit issued under this article who has not earlier filed a disclosure statement shall, prior to July 1, 1991, file a disclosure statement with the Director.2\n\nEvery applicant for a permit under this article shall file a disclosure statement with the Director, together with the permit application or prior to September 1, 1990, whichever comes later. No permit application shall be deemed incomplete for lack of a disclosure statement prior to September 1, 1990.3\n\nEvery applicant shall update its disclosure statement quarterly to indicate any change of condition that renders any portion of the disclosure statement materially incomplete or inaccurate.4\n\nThe Director, upon request and in his sole discretion, and when in his judgment other information is sufficient and available, may waive the requirements of this subsection for a captive industrial waste landfill when such requirements would not serve the purposes of this chapter.D\n\n1. Except as provided in subdivision D 2, no permit for a new solid waste management facility nor any amendment to a permit allowing facility expansion or an increase in capacity shall be issued until the Director has determined, after an investigation and analysis of the potential human health, environmental, transportation infrastructure, and transportation safety impacts and needs and an evaluation of comments by the host local government, other local governments and interested persons, that (i) the proposed facility, expansion, or increase protects present and future human health and safety and the environment; (ii) there is a need for the additional capacity; (iii) sufficient infrastructure will exist to safely handle the waste flow; (iv) the increase is consistent with locality-imposed or state-imposed daily disposal limits; (v) the public interest will be served by the proposed facility’s operation or the expansion or increase in capacity of a facility; and (vi) the proposed solid waste management facility, facility expansion, or additional capacity is consistent with regional and local solid waste management plans developed pursuant to \u00a7 10.1-1411. The Department shall hold a public hearing within the said county, city or town prior to the issuance of any such permit for the management of nonhazardous solid waste. Subdivision D 2, in lieu of this subdivision, shall apply to nonhazardous industrial solid waste management facilities owned or operated by the generator of the waste managed at the facility, and that accept only waste generated by the facility owner or operator. The Board shall have the authority to promulgate regulations to implement this subdivision.2\n\nNo new permit for a nonhazardous industrial solid waste management facility that is owned or operated by the generator of the waste managed at the facility, and that accepts only waste generated by the facility owner or operator, shall be issued until the Director has determined, after investigation and evaluation of comments by the local government, that the proposed facility poses no substantial present or potential danger to human health or the environment. The Department shall hold a public hearing within the county, city or town where the facility is to be located prior to the issuance of any such permit for the management of nonhazardous industrial solid waste.E\n\nThe permit shall contain such conditions or requirements as are necessary to comply with the requirements of this Code and the regulations of the Board and to protect present and future human health and the environment. To the extent allowed by federal law, any person holding a permit that is intending to upgrade the permitted solid waste management facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director will result in improved energy efficiency, protect waters of the state, including both surface and ground water, and protect air quality shall not be required to obtain a modified or amended permit.\n\t\t\tThe Director may include in any permit such recordkeeping, testing and reporting requirements as are necessary to ensure that the local governing body of the county, city or town where the waste management facility is located is kept timely informed regarding the general nature and quantity of waste being disposed of at the facility. Such recordkeeping, testing and reporting requirements shall require disclosure of proprietary information only as is necessary to carry out the purposes of this chapter. At least once every ten years, the Director shall review and issue written findings on the environmental compliance history of each permittee, material changes, if any, in key personnel, and technical limitations, standards, or regulations on which the original permit was based. The time period for review of each category of permits shall be established by Board regulation. If, upon such review, the Director finds that repeated material or substantial violations of the permittee or material changes in the permittee’s key personnel would make continued operation of the facility not in the best interests of human health or the environment, the Director shall amend or revoke the permit, in accordance herewith. Whenever such review is undertaken, the Director may amend the permit to include additional limitations, standards, or conditions when the technical limitations, standards, or regulations on which the original permit was based have been changed by statute or amended by regulation or when any of the conditions in subsection B of § 10.1-1409 exist. The Director may deny, revoke, or suspend any permit for any of the grounds listed under subsection A of § 10.1-1409.F\n\nThere shall exist no right to operate a landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste or hazardous waste within the Commonwealth. Permits for solid waste management facilities shall not be transferable except as authorized in regulations promulgated by the Board. The issuance of a permit shall not convey or establish any property rights or any exclusive privilege, nor shall it authorize any injury to private property or any invasion of personal rights or any infringement of federal, state, or local law or regulation.G\n\nNo person shall dispose of solid waste in an open dump or dispose of or manage solid waste in an unpermitted facility, including by disposing, causing to be disposed, or arranging for the disposal of solid waste upon a property for which the Director has not issued a permit and that is not otherwise exempt from permitting requirements.H\n\nNo person shall own, operate or allow to be operated on his property an open dump.I\n\nNo person shall allow waste to be disposed of on his property without a permit. Any person who removes trees, brush, or other vegetation from land used for agricultural or forestal purposes shall not be required to obtain a permit if such material is deposited or placed on the same or other property of the same landowner from which such materials were cleared. The Board shall by regulation provide for other reasonable exemptions from permitting requirements for the disposal of trees, brush and other vegetation when such materials are removed for agricultural or forestal purposes.\n\t\t\tWhen promulgating any regulation pursuant to this section, the Board shall consider the character of the land affected, the density of population, and the volume of waste to be disposed, as well as other relevant factors.J\n\nNo permit shall be required pursuant to this section for recycling or for temporary storage incidental to recycling. As used in this subsection, “recycling” means any process whereby material which would otherwise be solid waste is used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a product, or as an effective substitute for a commercial product.K\n\nThe Board shall provide for reasonable exemptions from the permitting requirements, both procedural and substantive, in order to encourage the development of yard waste composting facilities. To accomplish this, the Board is authorized to exempt such facilities from regulations governing the treatment of waste and to establish an expedited approval process. Agricultural operations receiving only yard waste for composting shall be exempt from permitting requirements provided that (i) the composting area is located not less than 300 feet from a property boundary, is located not less than 1,000 feet from an occupied dwelling not located on the same property as the composting area, and is not located within an area designated as a flood plain as defined in § 10.1-600; (ii) the agricultural operation has at least one acre of ground suitable to receive yard waste for each 150 cubic yards of finished compost generated; (iii) the total time for the composting process and storage of material that is being composted or has been composted shall not exceed eighteen months prior to its field application or sale as a horticultural or agricultural product; and (iv) the owner or operator of the agricultural operation notifies the Director in writing of his intent to operate a yard waste composting facility and the amount of land available for the receipt of yard waste. In addition to the requirements set forth in clauses (i) through (iv) of the preceding sentence, the owner and operator of any agricultural operation that receives more than 6,000 cubic yards of yard waste generated from property not within the control of the owner or the operator in any twelve-month period shall be exempt from permitting requirements provided (i) the owner and operator submit to the Director an annual report describing the volume and types of yard waste received by such operation for composting and (ii) the operator shall certify that the yard waste composting facility complies with local ordinances. The Director shall establish a procedure for the filing of the notices, annual reports and certificates required by this subsection and shall prescribe the forms for the annual reports and certificates. Nothing contained in this article shall prohibit the sale of composted yard waste for horticultural or agricultural use, provided that any composted yard waste sold as a commercial fertilizer with claims of specific nutrient values, promoting plant growth, or of conditioning soil shall be sold in accordance with Chapter 36 (§ 3.2-3600 et seq.) of Title 3.2. As used in this subsection, “agricultural operation” shall have the same meaning ascribed to it in § 3.2-300.\n\t\t\tThe operation of a composting facility as provided in this subsection shall not relieve the owner or operator of such a facility from liability for any violation of this chapter.L\n\nThe Board shall provide for reasonable exemptions from the permitting requirements, both procedural and substantive, in order to encourage the development of facilities for the decomposition of vegetative waste. To accomplish this, the Board shall approve an expedited approval process. As used in this subsection, the decomposition of vegetative waste means a natural aerobic or anaerobic process, active or passive, which results in the decay and chemical breakdown of the vegetative waste. Nothing in this subsection shall be construed to prohibit a city or county from exercising its existing authority to regulate such facilities by requiring, among other things, permits and proof of financial security.M\n\nIn receiving and processing applications for permits required by this section, the Director shall assign top priority to applications which (i) agree to accept nonhazardous recycling residues and (ii) pledge to charge tipping fees for disposal of nonhazardous recycling residues which do not exceed those charged for nonhazardous municipal solid waste. Applications meeting these requirements shall be acted upon no later than six months after they are deemed complete.N\n\nEvery solid waste management facility shall be operated in compliance with the regulations promulgated by the Board pursuant to this chapter. To the extent consistent with federal law, those facilities which were permitted prior to March 15, 1993, and upon which solid waste has been disposed of prior to October 9, 1993, may continue to receive solid waste until they have reached their vertical design capacity, provided that the facility is in compliance with the requirements for liners and leachate control in effect at the time of permit issuance, and further provided that on or before October 9, 1993, the owner or operator of the solid waste management facility submits to the Director:1\n\nAn acknowledgement that the owner or operator is familiar with state and federal law and regulations pertaining to solid waste management facilities operating after October 9, 1993, including postclosure care, corrective action and financial responsibility requirements;2\n\nA statement signed by a registered professional engineer that he has reviewed the regulations established by the Department for solid waste management facilities, including the open dump criteria contained therein; that he has inspected the facility and examined the monitoring data compiled for the facility in accordance with applicable regulations; and that, on the basis of his inspection and review, he has concluded that: (i) the facility is not an open dump, (ii) the facility does not pose a substantial present or potential hazard to human health and the environment, and (iii) the leachate or residues from the facility do not pose a threat of contamination or pollution of the air, surface water or ground water in a manner constituting an open dump or resulting in a substantial present or potential hazard to human health or the environment; and3\n\nA statement signed by the owner or operator (i) that the facility complies with applicable financial assurance regulations and (ii) estimating when the facility will reach its vertical design capacity.\n\t\t\t\tThe facility may not be enlarged prematurely to avoid compliance with state or federal regulations when such enlargement is not consistent with past operating practices, the permit or modified operating practices to ensure good management.\n\t\t\t\tFacilities which are authorized by this subsection to accept waste for disposal beyond the waste boundaries existing on October 9, 1993, shall be as follows:\n\t\t\t\tCategory 1: Nonhazardous industrial waste facilities that are located on property owned or controlled by the generator of the waste disposed of in the facility;\n\t\t\t\tCategory 2: Nonhazardous industrial waste facilities other than those that are located on property owned or controlled by the generator of the waste disposed of in the facility, provided that the facility accepts only industrial waste streams which the facility has lawfully accepted prior to July 1, 1995, or other nonhazardous industrial waste as approved by the Department on a case-by-case basis; and\n\t\t\t\tCategory 3: Facilities that accept only construction-demolition-debris waste as defined in the Board’s regulations.\n\t\t\t\tThe Director may prohibit or restrict the disposal of waste in facilities described in this subsection which contains hazardous constituents as defined in applicable regulations which, in the opinion of the Director, would pose a substantial risk to health or the environment. Facilities described in category 3 may expand laterally beyond the waste disposal boundaries existing on October 9, 1993, provided that there is first installed, in such expanded areas, liners and leachate control systems meeting the applicable performance requirements of the Board’s regulations, or a demonstration is made to the satisfaction of the Director that such facilities satisfy the applicable variance criteria in the Board’s regulations.\n\t\t\t\tOwners or operators of facilities which are authorized under this subsection to accept waste for disposal beyond the waste boundaries existing on October 9, 1993, shall ensure that such expanded disposal areas maintain setback distances applicable to such facilities under the Board’s current regulations and local ordinances. Prior to the expansion of any facility described in category 2 or 3, the owner or operator shall provide the Director with written notice of the proposed expansion at least sixty days prior to commencement of construction. The notice shall include recent groundwater monitoring data sufficient to determine that the facility does not pose a threat of contamination of groundwater in a manner constituting an open dump or creating a substantial present or potential hazard to human health or the environment. The Director shall evaluate the data included with the notification and may advise the owner or operator of any additional requirements that may be necessary to ensure compliance with applicable laws and prevent a substantial present or potential hazard to health or the environment.\n\t\t\t\tFacilities, or portions thereof, which have reached their vertical design capacity shall be closed in compliance with regulations promulgated by the Board.\n\t\t\t\tNothing in this subsection shall alter any requirement for groundwater monitoring, financial responsibility, operator certification, closure, postclosure care, operation, maintenance or corrective action imposed under state or federal law or regulation, or impair the powers of the Director pursuant to § 10.1-1409.O\n\nPortions of a permitted solid waste management facility used solely for the storage of household hazardous waste may store household hazardous waste for a period not to exceed one year, provided that such wastes are properly contained and are segregated to prevent mixing of incompatible wastes.P\n\nAny permit for a new municipal solid waste landfill, and any permit amendment authorizing expansion of an existing municipal solid waste landfill, shall incorporate conditions to require that capacity in the landfill will be available to localities within the Commonwealth that choose to contract for and reserve such capacity for disposal of such localities’ solid waste in accordance with solid waste management plans developed by such localities pursuant to § 10.1-1411. This provision shall not apply to permit applications from one or more political subdivisions for new landfills or expanded landfills that will only accept municipal solid waste generated within the political subdivision or subdivisions’ jurisdiction or municipal solid waste generated within other political subdivisions pursuant to an interjurisdictional agreement.Q\n\nNo 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.","order_by":null,"text":{"0":{"id":299134,"text":"No person shall operate any sanitary landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste without a permit from the Director.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299135,"text":"No application for (i) a new solid waste management facility permit or (ii) application for a permit amendment or variance allowing a category 2 landfill, as defined in this section, to expand or increase in capacity shall be complete unless it contains the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":299136,"text":"Certification from the governing body of the county, city or town in which the facility is to be located that the location and operation of the facility are consistent with all applicable ordinances. The governing body shall inform the applicant and the Department of the facility’s compliance or noncompliance not more than 120 days from receipt of a request from the applicant. No such certification shall be required for the application for the renewal of a permit or transfer of a permit as authorized by regulations of the Board;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":299137,"text":"A disclosure statement, except that the Director, upon request and in his sole discretion, and when in his judgment other information is sufficient and available, may waive the requirement for a disclosure statement for a captive industrial landfill when such a statement would not serve the purposes of this chapter;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":299138,"text":"If the applicant proposes to locate the facility on property not governed by any county, city or town zoning ordinance, certification from the governing body that it has held a public hearing, in accordance with the applicable provisions of § 15.2-2204, to receive public comment on the proposed facility. Such certification shall be provided to the applicant and the Department within 120 days from receipt of a request from the applicant;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":299139,"text":"If the applicant proposes to operate a new sanitary landfill or transfer station, a statement, including a description of the steps taken by the applicant to seek the comments of the residents of the area where the sanitary landfill or transfer station is proposed to be located, regarding the siting and operation of the proposed sanitary landfill or transfer station. The public comment steps shall be taken prior to filing with the Department the notice of intent to apply for a permit for the sanitary landfill or transfer station as required by the Department’s solid waste management regulations. The public comment steps shall include publication of a public notice once a week for two consecutive weeks in a newspaper of general circulation serving the locality where the sanitary landfill or transfer station is proposed to be located and holding at least one public meeting within the locality to identify issues of concern, to facilitate communication and to establish a dialogue between the applicant and persons who may be affected by the issuance of a permit for the sanitary landfill or transfer station. The public notice shall include a statement of the applicant’s intent to apply for a permit to operate the proposed sanitary landfill or transfer station, the proposed sanitary landfill or transfer station site location, the date, time and location of the public meeting the applicant will hold and the name, address and telephone number of a person employed by the applicant, who can be contacted by interested persons to answer questions or receive comments on the siting and operation of the proposed sanitary landfill or transfer station. The first publication of the public notice shall be at least fourteen days prior to the public meeting date.\n\t\t\t\tThe provisions of this subdivision shall not apply to applicants for a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":299140,"text":"If the applicant is a local government or public authority that proposes to operate a new municipal sanitary landfill or transfer station, a statement, including a description of the steps taken by the applicant to seek the comments of the residents of the area where the sanitary landfill or transfer station is proposed to be located, regarding the siting and operation of the proposed sanitary landfill or transfer station. The public comment steps shall be taken prior to filing with the Department the notice of intent to apply for a permit for the sanitary landfill or transfer station as required by the Department’s solid waste management regulations. The public comment steps shall include the formation of a citizens’ advisory group to assist the locality or public authority with the selection of a proposed site for the sanitary landfill or transfer station, publication of a public notice once a week for two consecutive weeks in a newspaper of general circulation serving the locality where the sanitary landfill or transfer station is proposed to be located, and holding at least one public meeting within the locality to identify issues of concern, to facilitate communication and to establish a dialogue between the applicant and persons who may be affected by the issuance of a permit for the sanitary landfill or transfer station. The public notice shall include a statement of the applicant’s intent to apply for a permit to operate the proposed sanitary landfill or transfer station, the proposed sanitary landfill or transfer station site location, the date, time and location of the public meeting the applicant will hold and the name, address and telephone number of a person employed by the applicant, who can be contacted by interested persons to answer questions or receive comments on the siting and operation of the proposed sanitary landfill or transfer station. The first publication of the public notice shall be at least fourteen days prior to the public meeting date. For local governments that have zoning ordinances, such public comment steps as required under §§ 15.2-2204 and 15.2-2285 shall satisfy the public comment requirements for public hearings and public notice as required under this section. Any applicant which is a local government or public authority that proposes to operate a new transfer station on land where a municipal sanitary landfill is already located shall be exempt from the public comment requirements for public hearing and public notice otherwise required under this section;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":299141,"text":"If the application is for a new municipal solid waste landfill or for an expansion of an existing municipal solid waste landfill, a statement, signed by the applicant, guaranteeing that sufficient disposal capacity will be available in the facility to enable localities within the Commonwealth to comply with solid waste management plans developed pursuant to § 10.1-1411, and certifying that such localities will be allowed to contract for and to reserve disposal capacity in the facility. This provision shall not apply to permit applications from one or more political subdivisions for new landfills or expanded landfills that will only accept municipal solid waste generated within those political subdivisions’ jurisdiction or municipal solid waste generated within other political subdivisions pursuant to an interjurisdictional agreement;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":299142,"text":"If the application is for a new municipal solid waste landfill or for an expansion of an existing municipal solid waste landfill, certification from the governing body of the locality in which the facility would be located that a host agreement has been reached between the applicant and the governing body unless the governing body or a public service authority of which the governing body is a member would be the owner and operator of the landfill. The agreement shall, at a minimum, have provisions covering (i) the amount of financial compensation the applicant will provide the host locality, (ii) daily travel routes and traffic volumes, (iii) the daily disposal limit, and (iv) the anticipated service area of the facility. The host agreement shall contain a provision that the applicant will pay the full cost of at least one full-time employee of the locality whose responsibility it will be to monitor and inspect waste transportation and disposal practices in the locality. The host agreement shall also provide that the applicant shall, when requested by the host locality, split air and water samples so that the host locality may independently test the sample, with all associated costs paid for by the applicant. All such sampling results shall be provided to the Department. For purposes of this subdivision, “host agreement” means any lease, contract, agreement or land use permit entered into or issued by the locality in which the landfill is situated which includes terms or conditions governing the operation of the landfill;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":299143,"text":"If the application is for a locality-owned and locality-operated new municipal solid waste landfill or for an expansion of an existing such municipal solid waste landfill, information on the anticipated (i) daily travel routes and traffic volumes, (ii) daily disposal limit, and (iii) service area of the facility; and","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":299144,"text":"If the application is for a new solid waste management facility permit or for modification of a permit to allow an existing solid waste management facility to expand or increase its capacity, the application shall include 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; 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 subdivision D 1.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"C"},"11":{"id":299145,"text":"Notwithstanding any other provision of law:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B9","next_prefix":"C1"},"12":{"id":299146,"text":"Every holder of a permit issued under this article who has not earlier filed a disclosure statement shall, prior to July 1, 1991, file a disclosure statement with the Director.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"13":{"id":299147,"text":"Every applicant for a permit under this article shall file a disclosure statement with the Director, together with the permit application or prior to September 1, 1990, whichever comes later. No permit application shall be deemed incomplete for lack of a disclosure statement prior to September 1, 1990.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"14":{"id":299148,"text":"Every applicant shall update its disclosure statement quarterly to indicate any change of condition that renders any portion of the disclosure statement materially incomplete or inaccurate.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"15":{"id":299149,"text":"The Director, upon request and in his sole discretion, and when in his judgment other information is sufficient and available, may waive the requirements of this subsection for a captive industrial waste landfill when such requirements would not serve the purposes of this chapter.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"16":{"id":299150,"text":"1. Except as provided in subdivision D 2, no permit for a new solid waste management facility nor any amendment to a permit allowing facility expansion or an increase in capacity shall be issued until the Director has determined, after an investigation and analysis of the potential human health, environmental, transportation infrastructure, and transportation safety impacts and needs and an evaluation of comments by the host local government, other local governments and interested persons, that (i) the proposed facility, expansion, or increase protects present and future human health and safety and the environment; (ii) there is a need for the additional capacity; (iii) sufficient infrastructure will exist to safely handle the waste flow; (iv) the increase is consistent with locality-imposed or state-imposed daily disposal limits; (v) the public interest will be served by the proposed facility’s operation or the expansion or increase in capacity of a facility; and (vi) the proposed solid waste management facility, facility expansion, or additional capacity is consistent with regional and local solid waste management plans developed pursuant to \u00a7 10.1-1411. The Department shall hold a public hearing within the said county, city or town prior to the issuance of any such permit for the management of nonhazardous solid waste. Subdivision D 2, in lieu of this subdivision, shall apply to nonhazardous industrial solid waste management facilities owned or operated by the generator of the waste managed at the facility, and that accept only waste generated by the facility owner or operator. The Board shall have the authority to promulgate regulations to implement this subdivision.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"D2"},"17":{"id":299151,"text":"No new permit for a nonhazardous industrial solid waste management facility that is owned or operated by the generator of the waste managed at the facility, and that accepts only waste generated by the facility owner or operator, shall be issued until the Director has determined, after investigation and evaluation of comments by the local government, that the proposed facility poses no substantial present or potential danger to human health or the environment. The Department shall hold a public hearing within the county, city or town where the facility is to be located prior to the issuance of any such permit for the management of nonhazardous industrial solid waste.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"E"},"18":{"id":299152,"text":"The permit shall contain such conditions or requirements as are necessary to comply with the requirements of this Code and the regulations of the Board and to protect present and future human health and the environment. To the extent allowed by federal law, any person holding a permit that is intending to upgrade the permitted solid waste management facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director will result in improved energy efficiency, protect waters of the state, including both surface and ground water, and protect air quality shall not be required to obtain a modified or amended permit.\n\t\t\tThe Director may include in any permit such recordkeeping, testing and reporting requirements as are necessary to ensure that the local governing body of the county, city or town where the waste management facility is located is kept timely informed regarding the general nature and quantity of waste being disposed of at the facility. Such recordkeeping, testing and reporting requirements shall require disclosure of proprietary information only as is necessary to carry out the purposes of this chapter. At least once every ten years, the Director shall review and issue written findings on the environmental compliance history of each permittee, material changes, if any, in key personnel, and technical limitations, standards, or regulations on which the original permit was based. The time period for review of each category of permits shall be established by Board regulation. If, upon such review, the Director finds that repeated material or substantial violations of the permittee or material changes in the permittee’s key personnel would make continued operation of the facility not in the best interests of human health or the environment, the Director shall amend or revoke the permit, in accordance herewith. Whenever such review is undertaken, the Director may amend the permit to include additional limitations, standards, or conditions when the technical limitations, standards, or regulations on which the original permit was based have been changed by statute or amended by regulation or when any of the conditions in subsection B of § 10.1-1409 exist. The Director may deny, revoke, or suspend any permit for any of the grounds listed under subsection A of § 10.1-1409.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"19":{"id":299153,"text":"There shall exist no right to operate a landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste or hazardous waste within the Commonwealth. Permits for solid waste management facilities shall not be transferable except as authorized in regulations promulgated by the Board. The issuance of a permit shall not convey or establish any property rights or any exclusive privilege, nor shall it authorize any injury to private property or any invasion of personal rights or any infringement of federal, state, or local law or regulation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"20":{"id":299154,"text":"No person shall dispose of solid waste in an open dump or dispose of or manage solid waste in an unpermitted facility, including by disposing, causing to be disposed, or arranging for the disposal of solid waste upon a property for which the Director has not issued a permit and that is not otherwise exempt from permitting requirements.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"21":{"id":299155,"text":"No person shall own, operate or allow to be operated on his property an open dump.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"22":{"id":299156,"text":"No person shall allow waste to be disposed of on his property without a permit. Any person who removes trees, brush, or other vegetation from land used for agricultural or forestal purposes shall not be required to obtain a permit if such material is deposited or placed on the same or other property of the same landowner from which such materials were cleared. The Board shall by regulation provide for other reasonable exemptions from permitting requirements for the disposal of trees, brush and other vegetation when such materials are removed for agricultural or forestal purposes.\n\t\t\tWhen promulgating any regulation pursuant to this section, the Board shall consider the character of the land affected, the density of population, and the volume of waste to be disposed, as well as other relevant factors.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"23":{"id":299157,"text":"No permit shall be required pursuant to this section for recycling or for temporary storage incidental to recycling. As used in this subsection, “recycling” means any process whereby material which would otherwise be solid waste is used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a product, or as an effective substitute for a commercial product.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"24":{"id":299158,"text":"The Board shall provide for reasonable exemptions from the permitting requirements, both procedural and substantive, in order to encourage the development of yard waste composting facilities. To accomplish this, the Board is authorized to exempt such facilities from regulations governing the treatment of waste and to establish an expedited approval process. Agricultural operations receiving only yard waste for composting shall be exempt from permitting requirements provided that (i) the composting area is located not less than 300 feet from a property boundary, is located not less than 1,000 feet from an occupied dwelling not located on the same property as the composting area, and is not located within an area designated as a flood plain as defined in § 10.1-600; (ii) the agricultural operation has at least one acre of ground suitable to receive yard waste for each 150 cubic yards of finished compost generated; (iii) the total time for the composting process and storage of material that is being composted or has been composted shall not exceed eighteen months prior to its field application or sale as a horticultural or agricultural product; and (iv) the owner or operator of the agricultural operation notifies the Director in writing of his intent to operate a yard waste composting facility and the amount of land available for the receipt of yard waste. In addition to the requirements set forth in clauses (i) through (iv) of the preceding sentence, the owner and operator of any agricultural operation that receives more than 6,000 cubic yards of yard waste generated from property not within the control of the owner or the operator in any twelve-month period shall be exempt from permitting requirements provided (i) the owner and operator submit to the Director an annual report describing the volume and types of yard waste received by such operation for composting and (ii) the operator shall certify that the yard waste composting facility complies with local ordinances. The Director shall establish a procedure for the filing of the notices, annual reports and certificates required by this subsection and shall prescribe the forms for the annual reports and certificates. Nothing contained in this article shall prohibit the sale of composted yard waste for horticultural or agricultural use, provided that any composted yard waste sold as a commercial fertilizer with claims of specific nutrient values, promoting plant growth, or of conditioning soil shall be sold in accordance with Chapter 36 (§ 3.2-3600 et seq.) of Title 3.2. As used in this subsection, “agricultural operation” shall have the same meaning ascribed to it in § 3.2-300.\n\t\t\tThe operation of a composting facility as provided in this subsection shall not relieve the owner or operator of such a facility from liability for any violation of this chapter.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"25":{"id":299159,"text":"The Board shall provide for reasonable exemptions from the permitting requirements, both procedural and substantive, in order to encourage the development of facilities for the decomposition of vegetative waste. To accomplish this, the Board shall approve an expedited approval process. As used in this subsection, the decomposition of vegetative waste means a natural aerobic or anaerobic process, active or passive, which results in the decay and chemical breakdown of the vegetative waste. Nothing in this subsection shall be construed to prohibit a city or county from exercising its existing authority to regulate such facilities by requiring, among other things, permits and proof of financial security.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"26":{"id":299160,"text":"In receiving and processing applications for permits required by this section, the Director shall assign top priority to applications which (i) agree to accept nonhazardous recycling residues and (ii) pledge to charge tipping fees for disposal of nonhazardous recycling residues which do not exceed those charged for nonhazardous municipal solid waste. Applications meeting these requirements shall be acted upon no later than six months after they are deemed complete.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"27":{"id":299161,"text":"Every solid waste management facility shall be operated in compliance with the regulations promulgated by the Board pursuant to this chapter. To the extent consistent with federal law, those facilities which were permitted prior to March 15, 1993, and upon which solid waste has been disposed of prior to October 9, 1993, may continue to receive solid waste until they have reached their vertical design capacity, provided that the facility is in compliance with the requirements for liners and leachate control in effect at the time of permit issuance, and further provided that on or before October 9, 1993, the owner or operator of the solid waste management facility submits to the Director:","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"N1"},"28":{"id":299162,"text":"An acknowledgement that the owner or operator is familiar with state and federal law and regulations pertaining to solid waste management facilities operating after October 9, 1993, including postclosure care, corrective action and financial responsibility requirements;","type":"section","prefixes":["N","1"],"prefix":"1","entire_prefix":"N1","prefix_anchor":"N1","level":2,"prior_prefix":"N","next_prefix":"N2"},"29":{"id":299163,"text":"A statement signed by a registered professional engineer that he has reviewed the regulations established by the Department for solid waste management facilities, including the open dump criteria contained therein; that he has inspected the facility and examined the monitoring data compiled for the facility in accordance with applicable regulations; and that, on the basis of his inspection and review, he has concluded that: (i) the facility is not an open dump, (ii) the facility does not pose a substantial present or potential hazard to human health and the environment, and (iii) the leachate or residues from the facility do not pose a threat of contamination or pollution of the air, surface water or ground water in a manner constituting an open dump or resulting in a substantial present or potential hazard to human health or the environment; and","type":"section","prefixes":["N","2"],"prefix":"2","entire_prefix":"N2","prefix_anchor":"N2","level":2,"prior_prefix":"N1","next_prefix":"N3"},"30":{"id":299164,"text":"A statement signed by the owner or operator (i) that the facility complies with applicable financial assurance regulations and (ii) estimating when the facility will reach its vertical design capacity.\n\t\t\t\tThe facility may not be enlarged prematurely to avoid compliance with state or federal regulations when such enlargement is not consistent with past operating practices, the permit or modified operating practices to ensure good management.\n\t\t\t\tFacilities which are authorized by this subsection to accept waste for disposal beyond the waste boundaries existing on October 9, 1993, shall be as follows:\n\t\t\t\tCategory 1: Nonhazardous industrial waste facilities that are located on property owned or controlled by the generator of the waste disposed of in the facility;\n\t\t\t\tCategory 2: Nonhazardous industrial waste facilities other than those that are located on property owned or controlled by the generator of the waste disposed of in the facility, provided that the facility accepts only industrial waste streams which the facility has lawfully accepted prior to July 1, 1995, or other nonhazardous industrial waste as approved by the Department on a case-by-case basis; and\n\t\t\t\tCategory 3: Facilities that accept only construction-demolition-debris waste as defined in the Board’s regulations.\n\t\t\t\tThe Director may prohibit or restrict the disposal of waste in facilities described in this subsection which contains hazardous constituents as defined in applicable regulations which, in the opinion of the Director, would pose a substantial risk to health or the environment. Facilities described in category 3 may expand laterally beyond the waste disposal boundaries existing on October 9, 1993, provided that there is first installed, in such expanded areas, liners and leachate control systems meeting the applicable performance requirements of the Board’s regulations, or a demonstration is made to the satisfaction of the Director that such facilities satisfy the applicable variance criteria in the Board’s regulations.\n\t\t\t\tOwners or operators of facilities which are authorized under this subsection to accept waste for disposal beyond the waste boundaries existing on October 9, 1993, shall ensure that such expanded disposal areas maintain setback distances applicable to such facilities under the Board’s current regulations and local ordinances. Prior to the expansion of any facility described in category 2 or 3, the owner or operator shall provide the Director with written notice of the proposed expansion at least sixty days prior to commencement of construction. The notice shall include recent groundwater monitoring data sufficient to determine that the facility does not pose a threat of contamination of groundwater in a manner constituting an open dump or creating a substantial present or potential hazard to human health or the environment. The Director shall evaluate the data included with the notification and may advise the owner or operator of any additional requirements that may be necessary to ensure compliance with applicable laws and prevent a substantial present or potential hazard to health or the environment.\n\t\t\t\tFacilities, or portions thereof, which have reached their vertical design capacity shall be closed in compliance with regulations promulgated by the Board.\n\t\t\t\tNothing in this subsection shall alter any requirement for groundwater monitoring, financial responsibility, operator certification, closure, postclosure care, operation, maintenance or corrective action imposed under state or federal law or regulation, or impair the powers of the Director pursuant to § 10.1-1409.","type":"section","prefixes":["N","3"],"prefix":"3","entire_prefix":"N3","prefix_anchor":"N3","level":2,"prior_prefix":"N2","next_prefix":"O"},"31":{"id":299165,"text":"Portions of a permitted solid waste management facility used solely for the storage of household hazardous waste may store household hazardous waste for a period not to exceed one year, provided that such wastes are properly contained and are segregated to prevent mixing of incompatible wastes.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N3","next_prefix":"P"},"32":{"id":299166,"text":"Any permit for a new municipal solid waste landfill, and any permit amendment authorizing expansion of an existing municipal solid waste landfill, shall incorporate conditions to require that capacity in the landfill will be available to localities within the Commonwealth that choose to contract for and reserve such capacity for disposal of such localities’ solid waste in accordance with solid waste management plans developed by such localities pursuant to § 10.1-1411. This provision shall not apply to permit applications from one or more political subdivisions for new landfills or expanded landfills that will only accept municipal solid waste generated within the political subdivision or subdivisions’ jurisdiction or municipal solid waste generated within other political subdivisions pursuant to an interjurisdictional agreement.","type":"section","prefixes":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O","next_prefix":"Q"},"33":{"id":299167,"text":"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.","type":"section","prefixes":["Q"],"prefix":"Q","entire_prefix":"Q","prefix_anchor":"Q","level":1,"prior_prefix":"P"}},"ancestry":[{"id":12812,"edition_id":1,"name":"Solid Waste Management","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145975,"object_type":"structure","relational_id":12812,"identifier":"2","token":"10.1\/II\/14\/2","url":"\/10.1\/II\/14\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59261,"structure_id":12812,"section_number":"10.1-1408","catch_line":"Repealed","url":"\/10.1-1408\/","token":"10.1\/II\/14\/2\/10.1-1408","metadata":false},{"id":83474,"structure_id":12812,"section_number":"10.1-1408.1","catch_line":"Permit required; open dumps prohibited","url":"\/10.1-1408.1\/","token":"10.1\/II\/14\/2\/10.1-1408.1","metadata":false},{"id":64357,"structure_id":12812,"section_number":"10.1-1408.2","catch_line":"Certification and on-site presence of facility operator","url":"\/10.1-1408.2\/","token":"10.1\/II\/14\/2\/10.1-1408.2","metadata":false},{"id":73992,"structure_id":12812,"section_number":"10.1-1408.3","catch_line":"Repealed","url":"\/10.1-1408.3\/","token":"10.1\/II\/14\/2\/10.1-1408.3","metadata":false},{"id":71822,"structure_id":12812,"section_number":"10.1-1408.4","catch_line":"Landfill siting review","url":"\/10.1-1408.4\/","token":"10.1\/II\/14\/2\/10.1-1408.4","metadata":false},{"id":54478,"structure_id":12812,"section_number":"10.1-1408.5","catch_line":"Special provisions regarding wetlands","url":"\/10.1-1408.5\/","token":"10.1\/II\/14\/2\/10.1-1408.5","metadata":false},{"id":53974,"structure_id":12812,"section_number":"10.1-1409","catch_line":"Revocation or amendment of permits","url":"\/10.1-1409\/","token":"10.1\/II\/14\/2\/10.1-1409","metadata":false},{"id":54905,"structure_id":12812,"section_number":"10.1-1410","catch_line":"Financial responsibility for abandoned facilities; penalties","url":"\/10.1-1410\/","token":"10.1\/II\/14\/2\/10.1-1410","metadata":false},{"id":57499,"structure_id":12812,"section_number":"10.1-1410.1","catch_line":"Sanitary landfill final closure plans; notification requirements","url":"\/10.1-1410.1\/","token":"10.1\/II\/14\/2\/10.1-1410.1","metadata":false},{"id":82267,"structure_id":12812,"section_number":"10.1-1410.2","catch_line":"Landfill postclosure monitoring, maintenance and plans","url":"\/10.1-1410.2\/","token":"10.1\/II\/14\/2\/10.1-1410.2","metadata":false},{"id":56655,"structure_id":12812,"section_number":"10.1-1410.3","catch_line":"Operating burn pits at closed landfills","url":"\/10.1-1410.3\/","token":"10.1\/II\/14\/2\/10.1-1410.3","metadata":false},{"id":65506,"structure_id":12812,"section_number":"10.1-1411","catch_line":"Regional and local solid waste management plans","url":"\/10.1-1411\/","token":"10.1\/II\/14\/2\/10.1-1411","metadata":false},{"id":73589,"structure_id":12812,"section_number":"10.1-1412","catch_line":"Contracts by counties, cities and towns","url":"\/10.1-1412\/","token":"10.1\/II\/14\/2\/10.1-1412","metadata":false},{"id":63196,"structure_id":12812,"section_number":"10.1-1413","catch_line":"State aid to localities for solid waste disposal","url":"\/10.1-1413\/","token":"10.1\/II\/14\/2\/10.1-1413","metadata":false},{"id":57148,"structure_id":12812,"section_number":"10.1-1413.1","catch_line":"Waste information and assessment program","url":"\/10.1-1413.1\/","token":"10.1\/II\/14\/2\/10.1-1413.1","metadata":false}],"previous_section":{"id":59261,"structure_id":12812,"section_number":"10.1-1408","catch_line":"Repealed","url":"\/10.1-1408\/","token":"10.1\/II\/14\/2\/10.1-1408","metadata":false},"next_section":{"id":64357,"structure_id":12812,"section_number":"10.1-1408.2","catch_line":"Certification and on-site presence of facility operator","url":"\/10.1-1408.2\/","token":"10.1\/II\/14\/2\/10.1-1408.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1408.1\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapters 696 and 891 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 623; in 1990, chapters 360, 781, and 919; in 1992, chapter 286; in 1993, chapters 214, 469, 476, and 496; in 1994, chapter 614<\/a>; in 1995, chapter 442<\/a>; in 1996, chapter 236<\/a>; in 1997, chapter 875<\/a>; in 1999, chapters 580<\/a>, 584<\/a>, 611<\/a>, 613<\/a>, and 947<\/a>; in 2000, chapters 420<\/a> and 422<\/a>; in 2006, chapter 62<\/a>; in 2007, chapter 23<\/a>; in 2012, chapter 581<\/a>; in 2020, chapter 621<\/a>.<\/p>","references":[{"id":65506,"section_number":"10.1-1411","catch_line":"Regional and local solid waste management plans","order_by":null,"url":"\/10.1-1411\/"},{"id":74448,"section_number":"10.1-1413.2","catch_line":" Requirements for landfill closure","order_by":null,"url":"\/10.1-1413.2\/"},{"id":69980,"section_number":"10.1-1418.2","catch_line":"Improper disposal of tires; exemption; penalty","order_by":null,"url":"\/10.1-1418.2\/"},{"id":59768,"section_number":"10.1-1457","catch_line":"Judicial review","order_by":null,"url":"\/10.1-1457\/"},{"id":86566,"section_number":"15.2-931","catch_line":"Regulation of garbage and refuse pickup and disposal services; contracting for such services in certain localities","order_by":null,"url":"\/15.2-931\/"}],"refers_to":[{"id":53974,"section_number":"10.1-1409","catch_line":"Revocation or amendment of permits","order_by":null,"url":"\/10.1-1409\/"},{"id":65506,"section_number":"10.1-1411","catch_line":"Regional and local solid waste management plans","order_by":null,"url":"\/10.1-1411\/"},{"id":74913,"section_number":"10.1-600","catch_line":"Definitions","order_by":null,"url":"\/10.1-600\/"},{"id":73996,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","order_by":null,"url":"\/15.2-2204\/"},{"id":62867,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; appeal","order_by":null,"url":"\/15.2-2285\/"},{"id":62811,"section_number":"3.2-300","catch_line":"Definitions","order_by":null,"url":"\/3.2-300\/"},{"id":59575,"section_number":"3.2-3600","catch_line":"Definitions","order_by":null,"url":"\/3.2-3600\/"}],"permalink":{"id":145981,"object_type":"law","relational_id":83474,"identifier":"10.1-1408.1","token":"10.1\/II\/14\/2\/10.1-1408.1","url":"\/10.1-1408.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1408.1\/","token":"10.1\/II\/14\/2\/10.1-1408.1","dublin_core":{"Title":"Permit required; open dumps prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1408.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person<\/span> shall operate any sanitary landfill<\/span> or other facility for the disposal<\/span>, treatment<\/span> or storage of nonhazardous solid waste<\/span> without a permit from the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No application for (i) a new solid waste management facility<\/span> permit or (ii) application for a permit amendment or variance allowing a category 2 landfill, as defined in this section, to expand or increase in capacity shall be complete unless it contains the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Certification from the governing body of the county, city or town in which the facility is to be located that the location and operation of the facility are consistent with all applicable ordinances<\/span>. The governing body shall inform the applicant<\/span> and the Department<\/span> of the facility’s compliance or noncompliance not more than 120 days from receipt of a request from the applicant<\/span>. No such certification shall be required for the application for the renewal of a permit or transfer of a permit as authorized by regulations of the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A disclosure statement<\/span>, except that the Director<\/span>, upon request and in his sole discretion, and when in his judgment<\/span> other information is sufficient and available, may waive<\/span> the requirement for a disclosure statement<\/span> for a captive industrial landfill when such a statement would not serve the purposes of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the applicant<\/span> proposes to locate the facility on property not governed by any county, city or town zoning ordinance<\/span>, certification from the governing body that it has held a public hearing<\/span>, in accordance with the applicable provisions of § 15.2-2204<\/a>, to receive public comment on the proposed facility. Such certification shall be provided to the applicant<\/span> and the Department<\/span> within 120 days from receipt of a request from the applicant<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the applicant<\/span> proposes to operate a new sanitary landfill<\/span> or transfer station, a statement, including a description of the steps taken by the applicant<\/span> to seek the comments of the residents of the area where the sanitary landfill<\/span> or transfer station is proposed to be located, regarding the siting and operation of the proposed sanitary landfill<\/span> or transfer station. The public comment steps shall be taken prior to filing with the Department<\/span> the notice of intent<\/span> to apply for a permit for the sanitary landfill<\/span> or transfer station as required by the Department<\/span>’s solid waste management regulations. The public comment steps shall include publication of a public notice once a week for two consecutive weeks in a newspaper of general circulation serving the locality where the sanitary landfill<\/span> or transfer station is proposed to be located and holding at least one public meeting within the locality to identify issues<\/span> of concern, to facilitate communication and to establish a dialogue between the applicant<\/span> and persons<\/span> who may be affected by the issuance of a permit for the sanitary landfill<\/span> or transfer station. The public notice shall include a statement of the applicant<\/span>’s intent<\/span> to apply for a permit to operate the proposed sanitary landfill<\/span> or transfer station, the proposed sanitary landfill<\/span> or transfer station site location, the date, time and location of the public meeting the applicant<\/span> will hold and the name, address and telephone number of a person<\/span> employed by the applicant<\/span>, who can be contacted by interested persons<\/span> to answer questions or receive comments on the siting and operation of the proposed sanitary landfill<\/span> or transfer station. The first publication of the public notice shall be at least fourteen days prior to the public meeting date.\n\t\t\t\tThe provisions of this subdivision shall not apply to applicants<\/span> for a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the applicant<\/span> is a local government or public authority that proposes to operate a new municipal sanitary landfill<\/span> or transfer station, a statement, including a description of the steps taken by the applicant<\/span> to seek the comments of the residents of the area where the sanitary landfill<\/span> or transfer station is proposed to be located, regarding the siting and operation of the proposed sanitary landfill<\/span> or transfer station. The public comment steps shall be taken prior to filing with the Department<\/span> the notice of intent<\/span> to apply for a permit for the sanitary landfill<\/span> or transfer station as required by the Department<\/span>’s solid waste management regulations. The public comment steps shall include the formation of a citizens’ advisory group to assist the locality or public authority with the selection of a proposed site for the sanitary landfill<\/span> or transfer station, publication of a public notice once a week for two consecutive weeks in a newspaper of general circulation serving the locality where the sanitary landfill<\/span> or transfer station is proposed to be located, and holding at least one public meeting within the locality to identify issues<\/span> of concern, to facilitate communication and to establish a dialogue between the applicant<\/span> and persons<\/span> who may be affected by the issuance of a permit for the sanitary landfill<\/span> or transfer station. The public notice shall include a statement of the applicant<\/span>’s intent<\/span> to apply for a permit to operate the proposed sanitary landfill<\/span> or transfer station, the proposed sanitary landfill<\/span> or transfer station site location, the date, time and location of the public meeting the applicant<\/span> will hold and the name, address and telephone number of a person<\/span> employed by the applicant<\/span>, who can be contacted by interested persons<\/span> to answer questions or receive comments on the siting and operation of the proposed sanitary landfill<\/span> or transfer station. The first publication of the public notice shall be at least fourteen days prior to the public meeting date. For local governments that have zoning ordinances<\/span>, such public comment steps as required under §§ 15.2-2204<\/a> and 15.2-2285<\/a> shall satisfy the public comment requirements for public hearings<\/span> and public notice as required under this section. Any applicant<\/span> which is a local government or public authority that proposes to operate a new transfer station on land where a municipal sanitary landfill<\/span> is already located shall be exempt from the public comment requirements for public hearing<\/span> and public notice otherwise required under this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If the application is for a new municipal solid waste landfill or for an expansion of an existing municipal solid waste landfill, a statement, signed by the applicant<\/span>, guaranteeing that sufficient disposal<\/span> capacity will be available in the facility to enable localities within the Commonwealth to comply with solid waste management plans developed pursuant to § 10.1-1411<\/a>, and certifying that such localities will be allowed to contract<\/span> for and to reserve disposal<\/span> capacity in the facility. This provision shall not apply to permit applications from one or more political subdivisions for new landfills or expanded landfills that will only accept municipal solid waste generated within those political subdivisions’ jurisdiction<\/span> or municipal solid waste generated within other political subdivisions pursuant to an interjurisdictional agreement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> If the application is for a new municipal solid waste landfill or for an expansion of an existing municipal solid waste landfill, certification from the governing body of the locality in which the facility would be located that a host agreement<\/span> has been reached between the applicant<\/span> and the governing body unless the governing body or a public service authority of which the governing body is a member would be the owner and operator of the landfill. The agreement shall, at a minimum, have provisions covering (i) the amount of financial compensation the applicant<\/span> will provide the host locality, (ii) daily travel routes and traffic volumes, (iii) the daily disposal<\/span> limit, and (iv) the anticipated service area of the facility. The host agreement<\/span> shall contain a provision that the applicant<\/span> will pay the full cost of at least one full-time employee of the locality whose responsibility it will be to monitor and inspect waste transportation<\/span> and disposal<\/span> practices in the locality. The host agreement<\/span> shall also provide that the applicant<\/span> shall, when requested by the host locality, split air and water samples so that the host locality may independently test the sample, with all associated costs paid for by the applicant<\/span>. All such sampling results shall be provided to the Department<\/span>. For purposes of this subdivision, “host agreement<\/span>” means any lease, contract<\/span>, agreement or land use permit entered into or issued by the locality in which the landfill is situated which includes terms or conditions governing the operation of the landfill; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> If the application is for a locality-owned and locality-operated new municipal solid waste landfill or for an expansion of an existing such municipal solid waste landfill, information on the anticipated (i) daily travel routes and traffic volumes, (ii) daily disposal<\/span> limit, and (iii) service area of the facility; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> If the application is for a new solid waste management facility<\/span> permit or for modification of a permit to allow an existing solid waste management facility<\/span> to expand or increase its capacity, the application shall include 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<\/a>; 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<\/span> in making the determination required by subdivision D 1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of law<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Every holder of a permit issued under this article who has not earlier filed a disclosure statement<\/span> shall, prior to July 1, 1991, file a disclosure statement<\/span> with the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Every applicant<\/span> for a permit under this article shall file a disclosure statement<\/span> with the Director<\/span>, together with the permit application or prior to September 1, 1990, whichever comes later. No permit application shall be deemed incomplete for lack of a disclosure statement<\/span> prior to September 1, 1990. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Every applicant<\/span> shall update its disclosure statement<\/span> quarterly to indicate any change of condition that renders any portion of the disclosure statement<\/span> materially incomplete or inaccurate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Director<\/span>, upon request and in his sole discretion, and when in his judgment<\/span> other information is sufficient and available, may waive<\/span> the requirements of this subsection for a captive industrial waste landfill when such requirements would not serve the purposes of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 1. Except as provided in subdivision D 2, no permit for a new solid waste management facility<\/span> nor any amendment to a permit allowing facility expansion or an increase in capacity shall be issued until the Director<\/span> has determined, after an investigation and analysis of the potential human health, environmental, transportation<\/span> infrastructure, and transportation<\/span> safety impacts and needs and an evaluation of comments by the host local government, other local governments and interested persons<\/span>, that (i) the proposed facility, expansion, or increase protects present and future human health and safety and the environment; (ii) there is a need for the additional capacity; (iii) sufficient infrastructure will exist to safely handle the waste flow; (iv) the increase is consistent with locality-imposed or state-imposed daily disposal<\/span> limits; (v) the public interest will be served by the proposed facility’s operation or the expansion or increase in capacity of a facility; and (vi) the proposed solid waste management facility<\/span>, facility expansion, or additional capacity is consistent with regional and local solid waste management plans developed pursuant to \u00a7 10.1-1411<\/a>. The Department<\/span> shall hold a public hearing<\/span> within the said county, city or town prior to the issuance of any such permit for the management of nonhazardous solid waste. Subdivision D 2, in lieu of this subdivision, shall apply to nonhazardous industrial solid waste management facilities owned or operated by the generator of the waste managed at the facility, and that accept only waste generated by the facility owner or operator. The Board<\/span> shall have the authority to promulgate regulations to implement this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No new permit for a nonhazardous industrial solid waste management facility<\/span> that is owned or operated by the generator of the waste managed at the facility, and that accepts only waste generated by the facility owner or operator, shall be issued until the Director<\/span> has determined, after investigation and evaluation of comments by the local government, that the proposed facility poses no substantial present or potential danger to human health or the environment. The Department<\/span> shall hold a public hearing<\/span> within the county, city or town where the facility is to be located prior to the issuance of any such permit for the management of nonhazardous industrial solid waste. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The permit shall contain such conditions or requirements as are necessary to comply with the requirements of this Code and the regulations of the Board<\/span> and to protect present and future human health and the environment. To the extent allowed by federal law<\/span>, any person<\/span> holding a permit that is intending to upgrade the permitted solid waste management facility<\/span> by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director<\/span> will result in improved energy efficiency, protect waters of the state, including both surface and ground water, and protect air quality shall not be required to obtain a modified or amended permit.\n\t\t\tThe Director<\/span> may include in any permit such recordkeeping, testing and reporting requirements as are necessary to ensure that the local governing body of the county, city or town where the waste management facility is located is kept timely informed regarding the general nature and quantity of waste being disposed of at the facility. Such recordkeeping, testing and reporting requirements shall require disclosure of proprietary information only as is necessary to carry out the purposes of this chapter. At least once every ten years, the Director<\/span> shall review and issue<\/span> written findings<\/span> on the environmental compliance history of each permittee, material<\/span> changes, if any, in key personnel<\/span>, and technical limitations, standards, or regulations on which the original permit was based. The time period for review of each category of permits shall be established by Board<\/span> regulation. If, upon such review, the Director<\/span> finds that repeated material<\/span> or substantial violations of the permittee or material<\/span> changes in the permittee’s key personnel<\/span> would make continued operation of the facility not in the best interests of human health or the environment, the Director<\/span> shall amend<\/span> or revoke the permit, in accordance herewith. Whenever such review is undertaken, the Director<\/span> may amend<\/span> the permit to include additional limitations, standards, or conditions when the technical limitations, standards, or regulations on which the original permit was based have been changed by statute<\/span> or amended by regulation or when any of the conditions in subsection B of § 10.1-1409<\/a> exist. The Director<\/span> may deny, revoke, or suspend any permit for any of the grounds listed under subsection A of § 10.1-1409<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> There shall exist no right to operate a landfill or other facility for the disposal<\/span>, treatment<\/span> or storage of nonhazardous solid waste or hazardous waste<\/span> within the Commonwealth. Permits for solid waste management facilities shall not be transferable except as authorized in regulations promulgated by the Board<\/span>. The issuance of a permit shall not convey or establish any property rights or any exclusive privilege<\/span>, nor shall it authorize any injury to private property or any invasion of personal rights or any infringement of federal, state, or local law<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No person<\/span> shall dispose of solid waste in an open dump<\/span> or dispose of or manage solid waste in an unpermitted facility, including by disposing, causing to be disposed, or arranging for the disposal<\/span> of solid waste upon a property for which the Director<\/span> has not issued a permit and that is not otherwise exempt from permitting requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No person<\/span> shall own, operate or allow to be operated on his property an open dump<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> No person<\/span> shall allow waste to be disposed of on his property without a permit. Any person<\/span> who removes trees, brush, or other vegetation from land used for agricultural or forestal purposes shall not be required to obtain a permit if such material<\/span> is deposited or placed on the same or other property of the same landowner from which such materials<\/span> were cleared. The Board<\/span> shall by regulation provide for other reasonable exemptions from permitting requirements for the disposal<\/span> of trees, brush and other vegetation when such materials<\/span> are removed for agricultural or forestal purposes.\n\t\t\tWhen promulgating any regulation pursuant to this section, the Board<\/span> shall consider the character of the land affected, the density of population, and the volume of waste to be disposed, as well as other relevant factors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> No permit shall be required pursuant to this section for recycling<\/span> or for temporary storage incidental to recycling<\/span>. As used in this subsection, “recycling<\/span>” means any process whereby material<\/span> which would otherwise be solid waste is used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a product, or as an effective substitute for a commercial product. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Board<\/span> shall provide for reasonable exemptions from the permitting requirements, both procedural and substantive, in order<\/span> to encourage the development of yard waste<\/span> composting<\/span> facilities. To accomplish this, the Board<\/span> is authorized to exempt such facilities from regulations governing the treatment<\/span> of waste and to establish an expedited approval process. Agricultural operations receiving only yard waste<\/span> for composting<\/span> shall be exempt from permitting requirements provided that (i) the composting<\/span> area is located not less than 300 feet from a property boundary, is located not less than 1,000 feet from an occupied dwelling not located on the same property as the composting<\/span> area, and is not located within an area designated as a flood plain as defined in § 10.1-600<\/a>; (ii) the agricultural operation has at least one acre of ground suitable to receive yard waste<\/span> for each 150 cubic yards of finished compost generated; (iii) the total time for the composting<\/span> process and storage of material<\/span> that is being composted or has been composted shall not exceed eighteen months prior to its field application or sale as a horticultural or agricultural product; and (iv) the owner or operator of the agricultural operation notifies the Director<\/span> in writing of his intent<\/span> to operate a yard waste<\/span> composting<\/span> facility and the amount of land available for the receipt of yard waste<\/span>. In addition to the requirements set forth in clauses (i) through (iv) of the preceding sentence, the owner and operator of any agricultural operation that receives more than 6,000 cubic yards of yard waste<\/span> generated from property not within the control of the owner or the operator in any twelve-month period shall be exempt from permitting requirements provided (i) the owner and operator submit to the Director<\/span> an annual report describing the volume and types of yard waste<\/span> received by such operation for composting<\/span> and (ii) the operator shall certify that the yard waste<\/span> composting<\/span> facility complies with local ordinances<\/span>. The Director<\/span> shall establish a procedure for the filing of the notices, annual reports and certificates required by this subsection and shall prescribe the forms for the annual reports and certificates. Nothing contained in this article shall prohibit the sale of composted yard waste<\/span> for horticultural or agricultural use, provided that any composted yard waste<\/span> sold as a commercial fertilizer with claims of specific nutrient values, promoting plant growth, or of conditioning soil shall be sold in accordance with Chapter 36 (§ 3.2-3600<\/a> et seq.) of Title 3.2. As used in this subsection, “agricultural operation” shall have the same meaning ascribed to it in § 3.2-300<\/a>.\n\t\t\tThe operation of a composting<\/span> facility as provided in this subsection shall not relieve the owner or operator of such a facility from liability for any violation of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> The Board<\/span> shall provide for reasonable exemptions from the permitting requirements, both procedural and substantive, in order<\/span> to encourage the development of facilities for the decomposition of vegetative waste<\/span>. To accomplish this, the Board<\/span> shall approve an expedited approval process. As used in this subsection, the decomposition of vegetative waste<\/span> means a natural aerobic or anaerobic process, active or passive, which results in the decay and chemical breakdown of the vegetative waste<\/span>. Nothing in this subsection shall be construed to prohibit a city or county from exercising its existing authority to regulate such facilities by requiring, among other things, permits and proof of financial security. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> In receiving and processing applications for permits required by this section, the Director<\/span> shall assign top priority to applications which (i) agree to accept nonhazardous recycling residues<\/span> and (ii) pledge to charge tipping fees for disposal<\/span> of nonhazardous recycling residues<\/span> which do not exceed those charged for nonhazardous municipal solid waste. Applications meeting these requirements shall be acted upon no later than six months after they are deemed complete. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> Every solid waste management facility<\/span> shall be operated in compliance with the regulations promulgated by the Board<\/span> pursuant to this chapter. To the extent consistent with federal law<\/span>, those facilities which were permitted prior to March 15, 1993, and upon which solid waste has been disposed of prior to October 9, 1993, may continue to receive solid waste until they have reached their vertical design capacity, provided that the facility is in compliance with the requirements for liners and leachate control in effect at the time of permit issuance, and further provided that on or before October 9, 1993, the owner or operator of the solid waste management facility<\/span> submits to the Director<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An acknowledgement that the owner or operator is familiar with state and federal law<\/span> and regulations pertaining to solid waste management facilities operating after October 9, 1993, including postclosure care, corrective action and financial responsibility requirements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A statement signed by a registered professional engineer that he has reviewed the regulations established by the Department<\/span> for solid waste management facilities, including the open dump<\/span> criteria contained therein; that he has inspected the facility and examined the monitoring data compiled for the facility in accordance with applicable regulations; and that, on the basis of his inspection and review, he has concluded that: (i) the facility is not an open dump<\/span>, (ii) the facility does not pose a substantial present or potential hazard to human health and the environment, and (iii) the leachate or residues from the facility do not pose a threat of contamination or pollution of the air, surface water or ground water in a manner constituting an open dump<\/span> or resulting in a substantial present or potential hazard to human health or the environment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statement signed by the owner or operator (i) that the facility complies with applicable financial assurance regulations and (ii) estimating when the facility will reach its vertical design capacity.\n\t\t\t\tThe facility may not be enlarged prematurely to avoid compliance with state or federal regulations when such enlargement is not consistent with past operating practices, the permit or modified operating practices to ensure good management.\n\t\t\t\tFacilities which are authorized by this subsection to accept waste for disposal<\/span> beyond the waste boundaries existing on October 9, 1993, shall be as follows:\n\t\t\t\tCategory 1: Nonhazardous industrial waste facilities that are located on property owned or controlled by the generator of the waste disposed of in the facility;\n\t\t\t\tCategory 2: Nonhazardous industrial waste facilities other than those that are located on property owned or controlled by the generator of the waste disposed of in the facility, provided that the facility accepts only industrial waste streams which the facility has lawfully accepted prior to July 1, 1995, or other nonhazardous industrial waste as approved by the Department<\/span> on a case-by-case basis; and\n\t\t\t\tCategory 3: Facilities that accept only construction-demolition-debris waste as defined in the Board<\/span>’s regulations.\n\t\t\t\tThe Director<\/span> may prohibit or restrict the disposal<\/span> of waste in facilities described in this subsection which contains hazardous constituents as defined in applicable regulations which, in the opinion<\/span> of the Director<\/span>, would pose a substantial risk to health or the environment. Facilities described in category 3 may expand laterally beyond the waste disposal<\/span> boundaries existing on October 9, 1993, provided that there is first installed, in such expanded areas, liners and leachate control systems meeting the applicable performance requirements of the Board<\/span>’s regulations, or a demonstration is made to the satisfaction of the Director<\/span> that such facilities satisfy the applicable variance criteria in the Board<\/span>’s regulations.\n\t\t\t\tOwners or operators of facilities which are authorized under this subsection to accept waste for disposal<\/span> beyond the waste boundaries existing on October 9, 1993, shall ensure that such expanded disposal<\/span> areas maintain setback distances applicable to such facilities under the Board<\/span>’s current regulations and local ordinances<\/span>. Prior to the expansion of any facility described in category 2 or 3, the owner or operator shall provide the Director<\/span> with written notice of the proposed expansion at least sixty days prior to commencement of construction. The notice shall include recent groundwater monitoring data sufficient to determine that the facility does not pose a threat of contamination of groundwater in a manner constituting an open dump<\/span> or creating a substantial present or potential hazard to human health or the environment. The Director<\/span> shall evaluate the data included with the notification and may advise the owner or operator of any additional requirements that may be necessary to ensure compliance with applicable laws<\/span> and prevent a substantial present or potential hazard to health or the environment.\n\t\t\t\tFacilities, or portions thereof, which have reached their vertical design capacity shall be closed in compliance with regulations promulgated by the Board<\/span>.\n\t\t\t\tNothing in this subsection shall alter any requirement for groundwater monitoring, financial responsibility, operator certification, closure, postclosure care, operation, maintenance or corrective action imposed under state or federal law<\/span> or regulation, or impair the powers of the Director<\/span> pursuant to § 10.1-1409<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> Portions of a permitted solid waste management facility<\/span> used solely for the storage of household hazardous waste<\/span> may store household hazardous waste<\/span> for a period not to exceed one year, provided that such wastes<\/span> are properly contained and are segregated to prevent mixing of incompatible wastes<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> Any permit for a new municipal solid waste landfill, and any permit amendment authorizing expansion of an existing municipal solid waste landfill, shall incorporate conditions to require that capacity in the landfill will be available to localities within the Commonwealth that choose to contract<\/span> for and reserve such capacity for disposal<\/span> of such localities’ solid waste in accordance with solid waste management plans developed by such localities pursuant to § 10.1-1411<\/a>. This provision shall not apply to permit applications from one or more political subdivisions for new landfills or expanded landfills that will only accept municipal solid waste generated within the political subdivision or subdivisions’ jurisdiction<\/span> or municipal solid waste generated within other political subdivisions pursuant to an interjurisdictional agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> 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<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMIT REQUIRED; OPEN DUMPS PROHIBITED (\u00a7 10.1-1408.1)\n\nA. No person shall operate any sanitary landfill or other facility for the\ndisposal, treatment or storage of nonhazardous solid waste without a permit from\nthe Director.\n\nB. No application for (i) a new solid waste management facility permit or (ii)\napplication for a permit amendment or variance allowing a category 2 landfill,\nas defined in this section, to expand or increase in capacity shall be complete\nunless it contains the following:\n\n 1. Certification from the governing body of the county, city or town in which\n the facility is to be located that the location and operation of the facility\n are consistent with all applicable ordinances. The governing body shall inform\n the applicant and the Department of the facility’s compliance or\n noncompliance not more than 120 days from receipt of a request from the\n applicant. No such certification shall be required for the application for the\n renewal of a permit or transfer of a permit as authorized by regulations of\n the Board;\n\n 2. A disclosure statement, except that the Director, upon request and in his\n sole discretion, and when in his judgment other information is sufficient and\n available, may waive the requirement for a disclosure statement for a captive\n industrial landfill when such a statement would not serve the purposes of this\n chapter;\n\n 3. If the applicant proposes to locate the facility on property not governed\n by any county, city or town zoning ordinance, certification from the governing\n body that it has held a public hearing, in accordance with the applicable\n provisions of § 15.2-2204, to receive public comment on the proposed\n facility. Such certification shall be provided to the applicant and the\n Department within 120 days from receipt of a request from the applicant;\n\n 4. If the applicant proposes to operate a new sanitary landfill or transfer\n station, a statement, including a description of the steps taken by the\n applicant to seek the comments of the residents of the area where the sanitary\n landfill or transfer station is proposed to be located, regarding the siting\n and operation of the proposed sanitary landfill or transfer station. The\n public comment steps shall be taken prior to filing with the Department the\n notice of intent to apply for a permit for the sanitary landfill or transfer\n station as required by the Department’s solid waste management\n regulations. The public comment steps shall include publication of a public\n notice once a week for two consecutive weeks in a newspaper of general\n circulation serving the locality where the sanitary landfill or transfer\n station is proposed to be located and holding at least one public meeting\n within the locality to identify issues of concern, to facilitate communication\n and to establish a dialogue between the applicant and persons who may be\n affected by the issuance of a permit for the sanitary landfill or transfer\n station. The public notice shall include a statement of the applicant’s\n intent to apply for a permit to operate the proposed sanitary landfill or\n transfer station, the proposed sanitary landfill or transfer station site\n location, the date, time and location of the public meeting the applicant will\n hold and the name, address and telephone number of a person employed by the\n applicant, who can be contacted by interested persons to answer questions or\n receive comments on the siting and operation of the proposed sanitary landfill\n or transfer station. The first publication of the public notice shall be at\n least fourteen days prior to the public meeting date.\n \t\t\t\tThe provisions of this subdivision shall not apply to applicants for a\n permit to operate a new captive industrial landfill or a new\n construction-demolition-debris landfill;\n\n 5. If the applicant is a local government or public authority that proposes to\n operate a new municipal sanitary landfill or transfer station, a statement,\n including a description of the steps taken by the applicant to seek the\n comments of the residents of the area where the sanitary landfill or transfer\n station is proposed to be located, regarding the siting and operation of the\n proposed sanitary landfill or transfer station. The public comment steps shall\n be taken prior to filing with the Department the notice of intent to apply for\n a permit for the sanitary landfill or transfer station as required by the\n Department’s solid waste management regulations. The public comment\n steps shall include the formation of a citizens’ advisory group to\n assist the locality or public authority with the selection of a proposed site\n for the sanitary landfill or transfer station, publication of a public notice\n once a week for two consecutive weeks in a newspaper of general circulation\n serving the locality where the sanitary landfill or transfer station is\n proposed to be located, and holding at least one public meeting within the\n locality to identify issues of concern, to facilitate communication and to\n establish a dialogue between the applicant and persons who may be affected by\n the issuance of a permit for the sanitary landfill or transfer station. The\n public notice shall include a statement of the applicant’s intent to\n apply for a permit to operate the proposed sanitary landfill or transfer\n station, the proposed sanitary landfill or transfer station site location, the\n date, time and location of the public meeting the applicant will hold and the\n name, address and telephone number of a person employed by the applicant, who\n can be contacted by interested persons to answer questions or receive comments\n on the siting and operation of the proposed sanitary landfill or transfer\n station. The first publication of the public notice shall be at least fourteen\n days prior to the public meeting date. For local governments that have zoning\n ordinances, such public comment steps as required under §§ 15.2-2204\n and 15.2-2285 shall satisfy the public comment requirements for public\n hearings and public notice as required under this section. Any applicant which\n is a local government or public authority that proposes to operate a new\n transfer station on land where a municipal sanitary landfill is already\n located shall be exempt from the public comment requirements for public\n hearing and public notice otherwise required under this section;\n\n 6. If the application is for a new municipal solid waste landfill or for an\n expansion of an existing municipal solid waste landfill, a statement, signed\n by the applicant, guaranteeing that sufficient disposal capacity will be\n available in the facility to enable localities within the Commonwealth to\n comply with solid waste management plans developed pursuant to §\n 10.1-1411, and certifying that such localities will be allowed to contract for\n and to reserve disposal capacity in the facility. This provision shall not\n apply to permit applications from one or more political subdivisions for new\n landfills or expanded landfills that will only accept municipal solid waste\n generated within those political subdivisions’ jurisdiction or municipal\n solid waste generated within other political subdivisions pursuant to an\n interjurisdictional agreement;\n\n 7. If the application is for a new municipal solid waste landfill or for an\n expansion of an existing municipal solid waste landfill, certification from\n the governing body of the locality in which the facility would be located that\n a host agreement has been reached between the applicant and the governing body\n unless the governing body or a public service authority of which the governing\n body is a member would be the owner and operator of the landfill. The\n agreement shall, at a minimum, have provisions covering (i) the amount of\n financial compensation the applicant will provide the host locality, (ii)\n daily travel routes and traffic volumes, (iii) the daily disposal limit, and\n (iv) the anticipated service area of the facility. The host agreement shall\n contain a provision that the applicant will pay the full cost of at least one\n full-time employee of the locality whose responsibility it will be to monitor\n and inspect waste transportation and disposal practices in the locality. The\n host agreement shall also provide that the applicant shall, when requested by\n the host locality, split air and water samples so that the host locality may\n independently test the sample, with all associated costs paid for by the\n applicant. All such sampling results shall be provided to the Department. For\n purposes of this subdivision, “host agreement” means any lease,\n contract, agreement or land use permit entered into or issued by the locality\n in which the landfill is situated which includes terms or conditions governing\n the operation of the landfill;\n\n 8. If the application is for a locality-owned and locality-operated new\n municipal solid waste landfill or for an expansion of an existing such\n municipal solid waste landfill, information on the anticipated (i) daily\n travel routes and traffic volumes, (ii) daily disposal limit, and (iii)\n service area of the facility; and\n\n 9. If the application is for a new solid waste management facility permit or\n for modification of a permit to allow an existing solid waste management\n facility to expand or increase its capacity, the application shall include\n certification from the governing body for the locality in which the facility\n is or will be located that: (i) the proposed new facility or the expansion or\n increase in capacity of the existing facility is consistent with the\n applicable local or regional solid waste management plan developed and\n approved pursuant to § 10.1-1411; or (ii) the local government or solid\n waste management planning unit has initiated the process to revise the solid\n waste management plan to include the new or expanded facility. Inclusion of\n such certification shall be sufficient to allow processing of the permit\n application, up to but not including publication of the draft permit or permit\n amendment for public comment, but shall not bind the Director in making the\n determination required by subdivision D 1.\n\nC. Notwithstanding any other provision of law:\n\n 1. Every holder of a permit issued under this article who has not earlier\n filed a disclosure statement shall, prior to July 1, 1991, file a disclosure\n statement with the Director.\n\n 2. Every applicant for a permit under this article shall file a disclosure\n statement with the Director, together with the permit application or prior to\n September 1, 1990, whichever comes later. No permit application shall be\n deemed incomplete for lack of a disclosure statement prior to September 1,\n 1990.\n\n 3. Every applicant shall update its disclosure statement quarterly to indicate\n any change of condition that renders any portion of the disclosure statement\n materially incomplete or inaccurate.\n\n 4. The Director, upon request and in his sole discretion, and when in his\n judgment other information is sufficient and available, may waive the\n requirements of this subsection for a captive industrial waste landfill when\n such requirements would not serve the purposes of this chapter.\n\nD. 1. Except as provided in subdivision D 2, no permit for a new solid waste\nmanagement facility nor any amendment to a permit allowing facility expansion or\nan increase in capacity shall be issued until the Director has determined, after\nan investigation and analysis of the potential human health, environmental,\ntransportation infrastructure, and transportation safety impacts and needs and\nan evaluation of comments by the host local government, other local governments\nand interested persons, that (i) the proposed facility, expansion, or increase\nprotects present and future human health and safety and the environment; (ii)\nthere is a need for the additional capacity; (iii) sufficient infrastructure\nwill exist to safely handle the waste flow; (iv) the increase is consistent with\nlocality-imposed or state-imposed daily disposal limits; (v) the public interest\nwill be served by the proposed facility’s operation or the expansion or\nincrease in capacity of a facility; and (vi) the proposed solid waste management\nfacility, facility expansion, or additional capacity is consistent with regional\nand local solid waste management plans developed pursuant to \u00a7 10.1-1411. The\nDepartment shall hold a public hearing within the said county, city or town\nprior to the issuance of any such permit for the management of nonhazardous\nsolid waste. Subdivision D 2, in lieu of this subdivision, shall apply to\nnonhazardous industrial solid waste management facilities owned or operated by\nthe generator of the waste managed at the facility, and that accept only waste\ngenerated by the facility owner or operator. The Board shall have the authority\nto promulgate regulations to implement this subdivision.\n\n 2. No new permit for a nonhazardous industrial solid waste management facility\n that is owned or operated by the generator of the waste managed at the\n facility, and that accepts only waste generated by the facility owner or\n operator, shall be issued until the Director has determined, after\n investigation and evaluation of comments by the local government, that the\n proposed facility poses no substantial present or potential danger to human\n health or the environment. The Department shall hold a public hearing within\n the county, city or town where the facility is to be located prior to the\n issuance of any such permit for the management of nonhazardous industrial\n solid waste.\n\nE. The permit shall contain such conditions or requirements as are necessary to\ncomply with the requirements of this Code and the regulations of the Board and\nto protect present and future human health and the environment. To the extent\nallowed by federal law, any person holding a permit that is intending to upgrade\nthe permitted solid waste management facility by installing technology, control\nequipment, or other apparatus that the permittee demonstrates to the\nsatisfaction of the Director will result in improved energy efficiency, protect\nwaters of the state, including both surface and ground water, and protect air\nquality shall not be required to obtain a modified or amended permit.\n\t\t\tThe Director may include in any permit such recordkeeping, testing and\nreporting requirements as are necessary to ensure that the local governing body\nof the county, city or town where the waste management facility is located is\nkept timely informed regarding the general nature and quantity of waste being\ndisposed of at the facility. Such recordkeeping, testing and reporting\nrequirements shall require disclosure of proprietary information only as is\nnecessary to carry out the purposes of this chapter. At least once every ten\nyears, the Director shall review and issue written findings on the environmental\ncompliance history of each permittee, material changes, if any, in key\npersonnel, and technical limitations, standards, or regulations on which the\noriginal permit was based. The time period for review of each category of\npermits shall be established by Board regulation. If, upon such review, the\nDirector finds that repeated material or substantial violations of the permittee\nor material changes in the permittee’s key personnel would make continued\noperation of the facility not in the best interests of human health or the\nenvironment, the Director shall amend or revoke the permit, in accordance\nherewith. Whenever such review is undertaken, the Director may amend the permit\nto include additional limitations, standards, or conditions when the technical\nlimitations, standards, or regulations on which the original permit was based\nhave been changed by statute or amended by regulation or when any of the\nconditions in subsection B of § 10.1-1409 exist. The Director may deny,\nrevoke, or suspend any permit for any of the grounds listed under subsection A\nof § 10.1-1409.\n\nF. There shall exist no right to operate a landfill or other facility for the\ndisposal, treatment or storage of nonhazardous solid waste or hazardous waste\nwithin the Commonwealth. Permits for solid waste management facilities shall not\nbe transferable except as authorized in regulations promulgated by the Board.\nThe issuance of a permit shall not convey or establish any property rights or\nany exclusive privilege, nor shall it authorize any injury to private property\nor any invasion of personal rights or any infringement of federal, state, or\nlocal law or regulation.\n\nG. No person shall dispose of solid waste in an open dump or dispose of or\nmanage solid waste in an unpermitted facility, including by disposing, causing\nto be disposed, or arranging for the disposal of solid waste upon a property for\nwhich the Director has not issued a permit and that is not otherwise exempt from\npermitting requirements.\n\nH. No person shall own, operate or allow to be operated on his property an open\ndump.\n\nI. No person shall allow waste to be disposed of on his property without a\npermit. Any person who removes trees, brush, or other vegetation from land used\nfor agricultural or forestal purposes shall not be required to obtain a permit\nif such material is deposited or placed on the same or other property of the\nsame landowner from which such materials were cleared. The Board shall by\nregulation provide for other reasonable exemptions from permitting requirements\nfor the disposal of trees, brush and other vegetation when such materials are\nremoved for agricultural or forestal purposes.\n\t\t\tWhen promulgating any regulation pursuant to this section, the Board shall\nconsider the character of the land affected, the density of population, and the\nvolume of waste to be disposed, as well as other relevant factors.\n\nJ. No permit shall be required pursuant to this section for recycling or for\ntemporary storage incidental to recycling. As used in this subsection,\n“recycling” means any process whereby material which would otherwise\nbe solid waste is used or reused, or prepared for use or reuse, as an ingredient\nin an industrial process to make a product, or as an effective substitute for a\ncommercial product.\n\nK. The Board shall provide for reasonable exemptions from the permitting\nrequirements, both procedural and substantive, in order to encourage the\ndevelopment of yard waste composting facilities. To accomplish this, the Board\nis authorized to exempt such facilities from regulations governing the treatment\nof waste and to establish an expedited approval process. Agricultural operations\nreceiving only yard waste for composting shall be exempt from permitting\nrequirements provided that (i) the composting area is located not less than 300\nfeet from a property boundary, is located not less than 1,000 feet from an\noccupied dwelling not located on the same property as the composting area, and\nis not located within an area designated as a flood plain as defined in §\n10.1-600; (ii) the agricultural operation has at least one acre of ground\nsuitable to receive yard waste for each 150 cubic yards of finished compost\ngenerated; (iii) the total time for the composting process and storage of\nmaterial that is being composted or has been composted shall not exceed eighteen\nmonths prior to its field application or sale as a horticultural or agricultural\nproduct; and (iv) the owner or operator of the agricultural operation notifies\nthe Director in writing of his intent to operate a yard waste composting\nfacility and the amount of land available for the receipt of yard waste. In\naddition to the requirements set forth in clauses (i) through (iv) of the\npreceding sentence, the owner and operator of any agricultural operation that\nreceives more than 6,000 cubic yards of yard waste generated from property not\nwithin the control of the owner or the operator in any twelve-month period shall\nbe exempt from permitting requirements provided (i) the owner and operator\nsubmit to the Director an annual report describing the volume and types of yard\nwaste received by such operation for composting and (ii) the operator shall\ncertify that the yard waste composting facility complies with local ordinances.\nThe Director shall establish a procedure for the filing of the notices, annual\nreports and certificates required by this subsection and shall prescribe the\nforms for the annual reports and certificates. Nothing contained in this article\nshall prohibit the sale of composted yard waste for horticultural or\nagricultural use, provided that any composted yard waste sold as a commercial\nfertilizer with claims of specific nutrient values, promoting plant growth, or\nof conditioning soil shall be sold in accordance with Chapter 36 (§\n3.2-3600 et seq.) of Title 3.2. As used in this subsection, “agricultural\noperation” shall have the same meaning ascribed to it in § 3.2-300.\n\t\t\tThe operation of a composting facility as provided in this subsection shall\nnot relieve the owner or operator of such a facility from liability for any\nviolation of this chapter.\n\nL. The Board shall provide for reasonable exemptions from the permitting\nrequirements, both procedural and substantive, in order to encourage the\ndevelopment of facilities for the decomposition of vegetative waste. To\naccomplish this, the Board shall approve an expedited approval process. As used\nin this subsection, the decomposition of vegetative waste means a natural\naerobic or anaerobic process, active or passive, which results in the decay and\nchemical breakdown of the vegetative waste. Nothing in this subsection shall be\nconstrued to prohibit a city or county from exercising its existing authority to\nregulate such facilities by requiring, among other things, permits and proof of\nfinancial security.\n\nM. In receiving and processing applications for permits required by this\nsection, the Director shall assign top priority to applications which (i) agree\nto accept nonhazardous recycling residues and (ii) pledge to charge tipping fees\nfor disposal of nonhazardous recycling residues which do not exceed those\ncharged for nonhazardous municipal solid waste. Applications meeting these\nrequirements shall be acted upon no later than six months after they are deemed\ncomplete.\n\nN. Every solid waste management facility shall be operated in compliance with\nthe regulations promulgated by the Board pursuant to this chapter. To the extent\nconsistent with federal law, those facilities which were permitted prior to\nMarch 15, 1993, and upon which solid waste has been disposed of prior to October\n9, 1993, may continue to receive solid waste until they have reached their\nvertical design capacity, provided that the facility is in compliance with the\nrequirements for liners and leachate control in effect at the time of permit\nissuance, and further provided that on or before October 9, 1993, the owner or\noperator of the solid waste management facility submits to the Director:\n\n 1. An acknowledgement that the owner or operator is familiar with state and\n federal law and regulations pertaining to solid waste management facilities\n operating after October 9, 1993, including postclosure care, corrective action\n and financial responsibility requirements;\n\n 2. A statement signed by a registered professional engineer that he has\n reviewed the regulations established by the Department for solid waste\n management facilities, including the open dump criteria contained therein;\n that he has inspected the facility and examined the monitoring data compiled\n for the facility in accordance with applicable regulations; and that, on the\n basis of his inspection and review, he has concluded that: (i) the facility is\n not an open dump, (ii) the facility does not pose a substantial present or\n potential hazard to human health and the environment, and (iii) the leachate\n or residues from the facility do not pose a threat of contamination or\n pollution of the air, surface water or ground water in a manner constituting\n an open dump or resulting in a substantial present or potential hazard to\n human health or the environment; and\n\n 3. A statement signed by the owner or operator (i) that the facility complies\n with applicable financial assurance regulations and (ii) estimating when the\n facility will reach its vertical design capacity.\n \t\t\t\tThe facility may not be enlarged prematurely to avoid compliance with\n state or federal regulations when such enlargement is not consistent with past\n operating practices, the permit or modified operating practices to ensure good\n management.\n \t\t\t\tFacilities which are authorized by this subsection to accept waste for\n disposal beyond the waste boundaries existing on October 9, 1993, shall be as\n follows:\n \t\t\t\tCategory 1: Nonhazardous industrial waste facilities that are located on\n property owned or controlled by the generator of the waste disposed of in the\n facility;\n \t\t\t\tCategory 2: Nonhazardous industrial waste facilities other than those that\n are located on property owned or controlled by the generator of the waste\n disposed of in the facility, provided that the facility accepts only\n industrial waste streams which the facility has lawfully accepted prior to\n July 1, 1995, or other nonhazardous industrial waste as approved by the\n Department on a case-by-case basis; and\n \t\t\t\tCategory 3: Facilities that accept only construction-demolition-debris\n waste as defined in the Board’s regulations.\n \t\t\t\tThe Director may prohibit or restrict the disposal of waste in facilities\n described in this subsection which contains hazardous constituents as defined\n in applicable regulations which, in the opinion of the Director, would pose a\n substantial risk to health or the environment. Facilities described in\n category 3 may expand laterally beyond the waste disposal boundaries existing\n on October 9, 1993, provided that there is first installed, in such expanded\n areas, liners and leachate control systems meeting the applicable performance\n requirements of the Board’s regulations, or a demonstration is made to\n the satisfaction of the Director that such facilities satisfy the applicable\n variance criteria in the Board’s regulations.\n \t\t\t\tOwners or operators of facilities which are authorized under this\n subsection to accept waste for disposal beyond the waste boundaries existing\n on October 9, 1993, shall ensure that such expanded disposal areas maintain\n setback distances applicable to such facilities under the Board’s\n current regulations and local ordinances. Prior to the expansion of any\n facility described in category 2 or 3, the owner or operator shall provide the\n Director with written notice of the proposed expansion at least sixty days\n prior to commencement of construction. The notice shall include recent\n groundwater monitoring data sufficient to determine that the facility does not\n pose a threat of contamination of groundwater in a manner constituting an open\n dump or creating a substantial present or potential hazard to human health or\n the environment. The Director shall evaluate the data included with the\n notification and may advise the owner or operator of any additional\n requirements that may be necessary to ensure compliance with applicable laws\n and prevent a substantial present or potential hazard to health or the\n environment.\n \t\t\t\tFacilities, or portions thereof, which have reached their vertical design\n capacity shall be closed in compliance with regulations promulgated by the\n Board.\n \t\t\t\tNothing in this subsection shall alter any requirement for groundwater\n monitoring, financial responsibility, operator certification, closure,\n postclosure care, operation, maintenance or corrective action imposed under\n state or federal law or regulation, or impair the powers of the Director\n pursuant to § 10.1-1409.\n\nO. Portions of a permitted solid waste management facility used solely for the\nstorage of household hazardous waste may store household hazardous waste for a\nperiod not to exceed one year, provided that such wastes are properly contained\nand are segregated to prevent mixing of incompatible wastes.\n\nP. Any permit for a new municipal solid waste landfill, and any permit amendment\nauthorizing expansion of an existing municipal solid waste landfill, shall\nincorporate conditions to require that capacity in the landfill will be\navailable to localities within the Commonwealth that choose to contract for and\nreserve such capacity for disposal of such localities’ solid waste in\naccordance with solid waste management plans developed by such localities\npursuant to § 10.1-1411. This provision shall not apply to permit\napplications from one or more political subdivisions for new landfills or\nexpanded landfills that will only accept municipal solid waste generated within\nthe political subdivision or subdivisions’ jurisdiction or municipal solid\nwaste generated within other political subdivisions pursuant to an\ninterjurisdictional agreement.\n\nQ. No application for coverage under a permit-by-rule or for modification of\ncoverage under a permit-by-rule shall be complete unless it contains\ncertification from the governing body of the locality in which the facility is\nto be located that the facility is consistent with the solid waste management\nplan developed and approved in accordance with § 10.1-1411.\n\nHISTORY: 1988, cc. 696, 891; 1989, c. 623; 1990, cc. 360, 781, 919; 1992, c.\n286; 1993, cc. 214, 469, 476, 496; 1994, c. 614; 1995, c. 442; 1996, c. 236;\n1997, c. 875; 1999, cc. 580, 584, 611, 613, 947; 2000, cc. 420, 422; 2006, c.\n62; 2007, c. 23; 2012, c. 581; 2020, c. 621.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}