{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1409.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1409.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1409.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1409.html"}],"law_id":53974,"edition_id":1,"section_id":53974,"structure_id":12812,"section_number":"10.1-1409","catch_line":"Revocation or amendment of permits","history":"1986, c. 492, \u00a7 10-272; 1988, cc. 569, 891; 1990, c. 919.","full_text":"A\n\nAny permit issued by the Director pursuant to this article may be revoked, amended or suspended on any of the following grounds or on such other grounds as may be provided by the regulations of the Board:1\n\nThe permit holder has violated any regulation or order of the Board, any condition of a permit, any provision of this chapter, or any order of a court, where such violation results in a release of harmful substances into the environment or poses a threat of release of harmful substances into the environment or presents a hazard to human health, or the violation is representative of a pattern of serious or repeated violations which, in the opinion of the Director, demonstrate the permittee’s disregard for or inability to comply with applicable laws, regulations or requirements;2\n\nThe sanitary landfill or other facility used for disposal, storage or treatment of solid waste is maintained or operated in such a manner as to pose a substantial present or potential hazard to human health or the environment;3\n\nThe sanitary landfill, or other facility used for the disposal, storage or treatment of solid waste, because of its location, construction or lack of protective construction or measures to prevent pollution, poses a substantial present or potential hazard to human health or the environment;4\n\nLeachate or residues from the sanitary landfill or other facility used for the disposal, storage or treatment of solid waste pose a substantial threat of contamination or pollution of the air, surface waters or ground water;5\n\nThe person to whom the permit was issued abandons or ceases to operate the facility, or sells, leases or transfers the facility without properly transferring the permit in accordance with the regulations of the Board;6\n\nAs a result of changes in key personnel, the Director finds that the requirements necessary for issuance of a permit are no longer satisfied;7\n\nThe applicant has knowingly or willfully misrepresented or failed to disclose a material fact in applying for a permit or in his disclosure statement, or in any other report or certification required under this law or under the regulations of the Board, or has knowingly or willfully failed to notify the Director of any material change to the information in its disclosure statement; or8\n\nAny key personnel has been convicted of any of the following crimes punishable as felonies under the laws of the Commonwealth or the equivalent thereof under the laws of any other jurisdiction: murder; kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theft and related crimes; forgery and fraudulent practices; fraud in the offering, sale, or purchase of securities; alteration of motor vehicle identification numbers; unlawful manufacture, purchase, use or transfer of firearms; unlawful possession or use of destructive devices or explosives; violation of the Drug Control Act, Chapter 34 (\u00a7 54.1-3400 et seq.) of Title 54.1; racketeering; violation of antitrust laws; or has been adjudged by an administrative agency or a court of competent jurisdiction to have violated the environmental protection laws of the United States, the Commonwealth or any other state and the Director determines that such conviction or adjudication is sufficiently probative of the applicant’s inability or unwillingness to operate the facility in a lawful manner, as to warrant denial, revocation, amendment or suspension of the permit.\n\t\t\t\tIn making such determination, the Director shall consider:a\n\nThe nature and details of the acts attributed to key personnel;b\n\nThe degree of culpability of the applicant, if any;c\n\nThe applicant’s policy or history of discipline of key personnel for such activities;d\n\nWhether the applicant has substantially complied with all rules, regulations, permits, orders and statutes applicable to the applicant’s activities in Virginia;e\n\nWhether the applicant has implemented formal management controls to minimize and prevent the occurrence of such violations; andf\n\nMitigation based upon demonstration of good behavior by the applicant including, without limitation, prompt payment of damages, cooperation with investigations, termination of employment or other relationship with key personnel or other persons responsible for the violations or other demonstrations of good behavior by the applicant that the Director finds relevant to its decision.B\n\nThe Director may amend or attach conditions to a permit when:1\n\nThere is a significant change in the manner and scope of operation which may require new or additional permit conditions or safeguards to protect the public health and environment;2\n\nThere is found to be a possibility of pollution causing significant adverse effects on the air, land, surface water or ground water;3\n\nInvestigation has shown the need for additional equipment, construction, procedures and testing to ensure the protection of the public health and the environment from significant adverse effects; or4\n\nThe amendment is necessary to meet changes in applicable regulatory requirements.C\n\nIf the Director finds that solid wastes are no longer being stored, treated or disposed at a facility in accordance with Board regulations, he may revoke the permit issued for such facility. As a condition to granting or continuing in effect a permit, he may also require the permittee to provide perpetual care and surveillance of the facility.D\n\nIf the Director summarily suspends a permit pursuant to subdivision 18 of § 10.1-1402, the Director shall hold a conference pursuant to § 2.2-4019 within forty-eight hours to consider whether to continue the suspension pending a hearing to amend or revoke the permit, or to issue any other appropriate order. Notice of the hearing shall be delivered at the conference or sent at the time the permit is suspended. Any person whose permit is suspended by the Director shall cease activity for which the permit was issued until the permit is reinstated by the Director or by a court.","order_by":null,"text":{"0":{"id":198183,"text":"Any permit issued by the Director pursuant to this article may be revoked, amended or suspended on any of the following grounds or on such other grounds as may be provided by the regulations of the Board:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":198184,"text":"The permit holder has violated any regulation or order of the Board, any condition of a permit, any provision of this chapter, or any order of a court, where such violation results in a release of harmful substances into the environment or poses a threat of release of harmful substances into the environment or presents a hazard to human health, or the violation is representative of a pattern of serious or repeated violations which, in the opinion of the Director, demonstrate the permittee’s disregard for or inability to comply with applicable laws, regulations or requirements;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":198185,"text":"The sanitary landfill or other facility used for disposal, storage or treatment of solid waste is maintained or operated in such a manner as to pose a substantial present or potential hazard to human health or the environment;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":198186,"text":"The sanitary landfill, or other facility used for the disposal, storage or treatment of solid waste, because of its location, construction or lack of protective construction or measures to prevent pollution, poses a substantial present or potential hazard to human health or the environment;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":198187,"text":"Leachate or residues from the sanitary landfill or other facility used for the disposal, storage or treatment of solid waste pose a substantial threat of contamination or pollution of the air, surface waters or ground water;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":198188,"text":"The person to whom the permit was issued abandons or ceases to operate the facility, or sells, leases or transfers the facility without properly transferring the permit in accordance with the regulations of the Board;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":198189,"text":"As a result of changes in key personnel, the Director finds that the requirements necessary for issuance of a permit are no longer satisfied;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":198190,"text":"The applicant has knowingly or willfully misrepresented or failed to disclose a material fact in applying for a permit or in his disclosure statement, or in any other report or certification required under this law or under the regulations of the Board, or has knowingly or willfully failed to notify the Director of any material change to the information in its disclosure statement; or","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":198191,"text":"Any key personnel has been convicted of any of the following crimes punishable as felonies under the laws of the Commonwealth or the equivalent thereof under the laws of any other jurisdiction: murder; kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theft and related crimes; forgery and fraudulent practices; fraud in the offering, sale, or purchase of securities; alteration of motor vehicle identification numbers; unlawful manufacture, purchase, use or transfer of firearms; unlawful possession or use of destructive devices or explosives; violation of the Drug Control Act, Chapter 34 (\u00a7 54.1-3400 et seq.) of Title 54.1; racketeering; violation of antitrust laws; or has been adjudged by an administrative agency or a court of competent jurisdiction to have violated the environmental protection laws of the United States, the Commonwealth or any other state and the Director determines that such conviction or adjudication is sufficiently probative of the applicant’s inability or unwillingness to operate the facility in a lawful manner, as to warrant denial, revocation, amendment or suspension of the permit.\n\t\t\t\tIn making such determination, the Director shall consider:","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A8a"},"9":{"id":198192,"text":"The nature and details of the acts attributed to key personnel;","type":"section","prefixes":["A","8","a"],"prefix":"a","entire_prefix":"A8a","prefix_anchor":"A8a","level":3,"prior_prefix":"A8","next_prefix":"A8b"},"10":{"id":198193,"text":"The degree of culpability of the applicant, if any;","type":"section","prefixes":["A","8","b"],"prefix":"b","entire_prefix":"A8b","prefix_anchor":"A8b","level":3,"prior_prefix":"A8a","next_prefix":"A8c"},"11":{"id":198194,"text":"The applicant’s policy or history of discipline of key personnel for such activities;","type":"section","prefixes":["A","8","c"],"prefix":"c","entire_prefix":"A8c","prefix_anchor":"A8c","level":3,"prior_prefix":"A8b","next_prefix":"A8d"},"12":{"id":198195,"text":"Whether the applicant has substantially complied with all rules, regulations, permits, orders and statutes applicable to the applicant’s activities in Virginia;","type":"section","prefixes":["A","8","d"],"prefix":"d","entire_prefix":"A8d","prefix_anchor":"A8d","level":3,"prior_prefix":"A8c","next_prefix":"A8e"},"13":{"id":198196,"text":"Whether the applicant has implemented formal management controls to minimize and prevent the occurrence of such violations; and","type":"section","prefixes":["A","8","e"],"prefix":"e","entire_prefix":"A8e","prefix_anchor":"A8e","level":3,"prior_prefix":"A8d","next_prefix":"A8f"},"14":{"id":198197,"text":"Mitigation based upon demonstration of good behavior by the applicant including, without limitation, prompt payment of damages, cooperation with investigations, termination of employment or other relationship with key personnel or other persons responsible for the violations or other demonstrations of good behavior by the applicant that the Director finds relevant to its decision.","type":"section","prefixes":["A","8","f"],"prefix":"f","entire_prefix":"A8f","prefix_anchor":"A8f","level":3,"prior_prefix":"A8e","next_prefix":"B"},"15":{"id":198198,"text":"The Director may amend or attach conditions to a permit when:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8f","next_prefix":"B1"},"16":{"id":198199,"text":"There is a significant change in the manner and scope of operation which may require new or additional permit conditions or safeguards to protect the public health and environment;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"17":{"id":198200,"text":"There is found to be a possibility of pollution causing significant adverse effects on the air, land, surface water or ground water;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"18":{"id":198201,"text":"Investigation has shown the need for additional equipment, construction, procedures and testing to ensure the protection of the public health and the environment from significant adverse effects; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"19":{"id":198202,"text":"The amendment is necessary to meet changes in applicable regulatory requirements.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"20":{"id":198203,"text":"If the Director finds that solid wastes are no longer being stored, treated or disposed at a facility in accordance with Board regulations, he may revoke the permit issued for such facility. As a condition to granting or continuing in effect a permit, he may also require the permittee to provide perpetual care and surveillance of the facility.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"21":{"id":198204,"text":"If the Director summarily suspends a permit pursuant to subdivision 18 of § 10.1-1402, the Director shall hold a conference pursuant to § 2.2-4019 within forty-eight hours to consider whether to continue the suspension pending a hearing to amend or revoke the permit, or to issue any other appropriate order. Notice of the hearing shall be delivered at the conference or sent at the time the permit is suspended. Any person whose permit is suspended by the Director shall cease activity for which the permit was issued until the permit is reinstated by the Director or by a court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1409\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 492 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 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1988, chapters 569 and 891; in 1990, chapter 919.<\/p>","references":[{"id":83474,"section_number":"10.1-1408.1","catch_line":"Permit required; open dumps prohibited","order_by":null,"url":"\/10.1-1408.1\/"}],"refers_to":[{"id":82696,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/10.1-1402\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"}],"permalink":{"id":146001,"object_type":"law","relational_id":53974,"identifier":"10.1-1409","token":"10.1\/II\/14\/2\/10.1-1409","url":"\/10.1-1409\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1409\/","token":"10.1\/II\/14\/2\/10.1-1409","dublin_core":{"Title":"Revocation or amendment of permits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1409","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any permit issued by the Director<\/span> pursuant to this article may be revoked, amended or suspended on any of the following grounds or on such other grounds as may be provided by the regulations of the Board<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The permit holder has violated any regulation or order<\/span> of the Board<\/span>, any condition of a permit, any provision of this chapter, or any order<\/span> of a court<\/span>, where such violation results in a release of harmful substances into the environment or poses a threat of release of harmful substances into the environment or presents a hazard to human health, or the violation is representative of a pattern of serious or repeated violations which, in the opinion<\/span> of the Director<\/span>, demonstrate the permittee’s disregard for or inability to comply with applicable laws<\/span>, regulations or requirements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The sanitary landfill<\/span> or other facility used for disposal<\/span>, storage or treatment<\/span> of solid waste<\/span> is maintained or operated in such a manner as to pose a substantial present or potential hazard to human health or the environment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The sanitary landfill<\/span>, or other facility used for the disposal<\/span>, storage or treatment<\/span> of solid waste<\/span>, because of its location, construction or lack of protective construction or measures to prevent pollution, poses a substantial present or potential hazard to human health or the environment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Leachate or residues from the sanitary landfill<\/span> or other facility used for the disposal<\/span>, storage or treatment<\/span> of solid waste<\/span> pose a substantial threat of contamination or pollution of the air, surface waters or ground water; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The person<\/span> to whom the permit was issued abandons or ceases to operate the facility, or sells, leases or transfers the facility without properly transferring the permit in accordance with the regulations of the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> As a result of changes in key personnel<\/span>, the Director<\/span> finds that the requirements necessary for issuance of a permit are no longer satisfied; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The applicant<\/span> has knowingly or willfully misrepresented or failed to disclose a material<\/span> fact<\/span> in applying for a permit or in his disclosure statement<\/span>, or in any other report or certification required under this law<\/span> or under the regulations of the Board<\/span>, or has knowingly or willfully failed to notify the Director<\/span> of any material<\/span> change to the information in its disclosure statement<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any key personnel<\/span> has been convicted of any of the following crimes<\/span> punishable as felonies under the laws<\/span> of the Commonwealth or the equivalent thereof under the laws<\/span> of any other jurisdiction<\/span>: murder<\/span>; kidnapping; gambling; robbery<\/span>; bribery; extortion; criminal usury; arson<\/span>; burglary<\/span>; theft and related crimes<\/span>; forgery<\/span> and fraudulent practices; fraud<\/span> in the offering, sale, or purchase of securities; alteration of motor vehicle identification numbers; unlawful manufacture, purchase, use or transfer of firearms; unlawful possession<\/span> or use of destructive devices or explosives; violation of the Drug Control Act, Chapter 34 (\u00a7 54.1-3400<\/a> et seq.) of Title 54.1; racketeering; violation of antitrust laws<\/span>; or has been adjudged by an administrative agency or a court<\/span> of competent jurisdiction<\/span> to have violated the environmental protection laws<\/span> of the United States, the Commonwealth or any other state and the Director<\/span> determines that such conviction<\/span> or adjudication is sufficiently probative of the applicant<\/span>’s inability or unwillingness to operate the facility in a lawful manner, as to warrant denial, revocation<\/span>, amendment or suspension of the permit.\n\t\t\t\tIn making such determination, the Director<\/span> shall consider: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> The nature and details of the acts attributed to key personnel<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The degree of culpability of the applicant<\/span>, if any; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The applicant<\/span>’s policy or history of discipline of key personnel<\/span> for such activities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Whether the applicant<\/span> has substantially complied with all rules, regulations, permits, orders<\/span> and statutes<\/span> applicable to the applicant<\/span>’s activities in Virginia; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Whether the applicant<\/span> has implemented formal management controls to minimize and prevent the occurrence of such violations; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> Mitigation based upon demonstration of good behavior by the applicant<\/span> including, without limitation, prompt payment of damages<\/span>, cooperation with investigations, termination of employment or other relationship with key personnel<\/span> or other persons<\/span> responsible for the violations or other demonstrations of good behavior by the applicant<\/span> that the Director<\/span> finds relevant to its decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> may amend<\/span> or attach conditions to a permit when: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> There is a significant change in the manner and scope of operation which may require new or additional permit conditions or safeguards to protect the public health and environment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> There is found to be a possibility of pollution causing significant adverse effects on the air, land, surface water or ground water; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Investigation has shown the need for additional equipment, construction, procedures and testing to ensure the protection of the public health and the environment from significant adverse effects; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The amendment is necessary to meet changes in applicable regulatory requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Director<\/span> finds that solid wastes<\/span> are no longer being stored, treated or disposed at a facility in accordance with Board<\/span> regulations, he may revoke the permit issued for such facility. As a condition to granting or continuing in effect a permit, he may also require the permittee to provide perpetual care and surveillance of the facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Director<\/span> summarily suspends a permit pursuant to subdivision 18 of § 10.1-1402<\/a>, the Director<\/span> shall hold a conference pursuant to § 2.2-4019<\/a> within forty-eight hours to consider whether to continue the suspension pending a hearing<\/span> to amend<\/span> or revoke the permit, or to issue<\/span> any other appropriate order<\/span>. Notice of the hearing<\/span> shall be delivered at the conference or sent at the time the permit is suspended. Any person<\/span> whose permit is suspended by the Director<\/span> shall cease activity for which the permit was issued until the permit is reinstated by the Director<\/span> or by a court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OR AMENDMENT OF PERMITS (\u00a7 10.1-1409)\n\nA. Any permit issued by the Director pursuant to this article may be revoked,\namended or suspended on any of the following grounds or on such other grounds as\nmay be provided by the regulations of the Board:\n\n 1. The permit holder has violated any regulation or order of the Board, any\n condition of a permit, any provision of this chapter, or any order of a court,\n where such violation results in a release of harmful substances into the\n environment or poses a threat of release of harmful substances into the\n environment or presents a hazard to human health, or the violation is\n representative of a pattern of serious or repeated violations which, in the\n opinion of the Director, demonstrate the permittee’s disregard for or\n inability to comply with applicable laws, regulations or requirements;\n\n 2. The sanitary landfill or other facility used for disposal, storage or\n treatment of solid waste is maintained or operated in such a manner as to pose\n a substantial present or potential hazard to human health or the environment;\n\n 3. The sanitary landfill, or other facility used for the disposal, storage or\n treatment of solid waste, because of its location, construction or lack of\n protective construction or measures to prevent pollution, poses a substantial\n present or potential hazard to human health or the environment;\n\n 4. Leachate or residues from the sanitary landfill or other facility used for\n the disposal, storage or treatment of solid waste pose a substantial threat of\n contamination or pollution of the air, surface waters or ground water;\n\n 5. The person to whom the permit was issued abandons or ceases to operate the\n facility, or sells, leases or transfers the facility without properly\n transferring the permit in accordance with the regulations of the Board;\n\n 6. As a result of changes in key personnel, the Director finds that the\n requirements necessary for issuance of a permit are no longer satisfied;\n\n 7. The applicant has knowingly or willfully misrepresented or failed to\n disclose a material fact in applying for a permit or in his disclosure\n statement, or in any other report or certification required under this law or\n under the regulations of the Board, or has knowingly or willfully failed to\n notify the Director of any material change to the information in its\n disclosure statement; or\n\n 8. Any key personnel has been convicted of any of the following crimes\n punishable as felonies under the laws of the Commonwealth or the equivalent\n thereof under the laws of any other jurisdiction: murder; kidnapping;\n gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theft\n and related crimes; forgery and fraudulent practices; fraud in the offering,\n sale, or purchase of securities; alteration of motor vehicle identification\n numbers; unlawful manufacture, purchase, use or transfer of firearms; unlawful\n possession or use of destructive devices or explosives; violation of the Drug\n Control Act, Chapter 34 (\u00a7 54.1-3400 et seq.) of Title 54.1; racketeering;\n violation of antitrust laws; or has been adjudged by an administrative agency\n or a court of competent jurisdiction to have violated the environmental\n protection laws of the United States, the Commonwealth or any other state and\n the Director determines that such conviction or adjudication is sufficiently\n probative of the applicant’s inability or unwillingness to operate the\n facility in a lawful manner, as to warrant denial, revocation, amendment or\n suspension of the permit.\n \t\t\t\tIn making such determination, the Director shall consider:\n\n a. The nature and details of the acts attributed to key personnel;\n\n b. The degree of culpability of the applicant, if any;\n\n c. The applicant’s policy or history of discipline of key personnel\n for such activities;\n\n d. Whether the applicant has substantially complied with all rules,\n regulations, permits, orders and statutes applicable to the\n applicant’s activities in Virginia;\n\n e. Whether the applicant has implemented formal management controls to\n minimize and prevent the occurrence of such violations; and\n\n f. Mitigation based upon demonstration of good behavior by the applicant\n including, without limitation, prompt payment of damages, cooperation with\n investigations, termination of employment or other relationship with key\n personnel or other persons responsible for the violations or other\n demonstrations of good behavior by the applicant that the Director finds\n relevant to its decision.\n\nB. The Director may amend or attach conditions to a permit when:\n\n 1. There is a significant change in the manner and scope of operation which\n may require new or additional permit conditions or safeguards to protect the\n public health and environment;\n\n 2. There is found to be a possibility of pollution causing significant adverse\n effects on the air, land, surface water or ground water;\n\n 3. Investigation has shown the need for additional equipment, construction,\n procedures and testing to ensure the protection of the public health and the\n environment from significant adverse effects; or\n\n 4. The amendment is necessary to meet changes in applicable regulatory\n requirements.\n\nC. If the Director finds that solid wastes are no longer being stored, treated\nor disposed at a facility in accordance with Board regulations, he may revoke\nthe permit issued for such facility. As a condition to granting or continuing in\neffect a permit, he may also require the permittee to provide perpetual care and\nsurveillance of the facility.\n\nD. If the Director summarily suspends a permit pursuant to subdivision 18 of\n§ 10.1-1402, the Director shall hold a conference pursuant to §\n2.2-4019 within forty-eight hours to consider whether to continue the suspension\npending a hearing to amend or revoke the permit, or to issue any other\nappropriate order. Notice of the hearing shall be delivered at the conference or\nsent at the time the permit is suspended. Any person whose permit is suspended\nby the Director shall cease activity for which the permit was issued until the\npermit is reinstated by the Director or by a court.\n\nHISTORY: 1986, c. 492, \u00a7 10-272; 1988, cc. 569, 891; 1990, c. 919.","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}}