{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1427.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1427.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1427.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1427.html"}],"law_id":70231,"edition_id":1,"section_id":70231,"structure_id":16515,"section_number":"10.1-1427","catch_line":"Revocation, suspension or amendment of permits","history":"1986, c. 492, \u00a7 10-280; 1988, c. 891; 1992, c. 463.","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 (i) results in a release of harmful substances into the environment, (ii) poses a threat of release of harmful substances into the environment, (iii) presents a hazard to human health, or (iv) is representative of a pattern of serious or repeated violations which, in the opinion of the Director, demonstrates the permittee&#8217;s disregard for or inability to comply with applicable laws, regulations or requirements;2\n\nThe person to whom the permit was issued abandons, sells, leases or ceases to operate the facility permitted;3\n\nThe facilities used in the transportation, storage, treatment or disposal of hazardous waste are operated, located, constructed or maintained in such a manner as to pose a substantial present or potential hazard to human health or the environment, including pollution of air, land, surface water or ground water;4\n\nSuch protective construction or equipment as is found to be reasonable, technologically feasible and necessary to prevent substantial present or potential hazard to human health and welfare or the environment has not been installed at a facility used for the storage, treatment or disposal of a hazardous waste; or5\n\nAny key personnel have 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 (&#xA7; 54.1-3400 et seq.); 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&#8217;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:\n\t\t\t\ta. The nature and details of the acts attributed to key personnel;\n\t\t\t\tb. The degree of culpability of the applicant, if any;\n\t\t\t\tc. The applicant&#8217;s policy or history of discipline of key personnel for such activities;\n\t\t\t\td. Whether the applicant has substantially complied with all rules, regulations, permits, orders and statutes applicable to the applicant&#8217;s activities in Virginia;\n\t\t\t\te. Whether the applicant has implemented formal management control to minimize and prevent the occurrence of such violations; and\n\t\t\t\tf. 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 his 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 hazardous wastes are no longer being stored, treated or disposed of at a facility in accordance with Board regulations, the Director may revoke the permit issued for such facility or, as a condition to granting or continuing in effect a permit, may require the person to whom the permit was issued to provide perpetual care and surveillance of the facility.","order_by":null,"text":{"0":{"id":253602,"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":253603,"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 (i) results in a release of harmful substances into the environment, (ii) poses a threat of release of harmful substances into the environment, (iii) presents a hazard to human health, or (iv) is representative of a pattern of serious or repeated violations which, in the opinion of the Director, demonstrates the permittee&#8217;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":253604,"text":"The person to whom the permit was issued abandons, sells, leases or ceases to operate the facility permitted;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":253605,"text":"The facilities used in the transportation, storage, treatment or disposal of hazardous waste are operated, located, constructed or maintained in such a manner as to pose a substantial present or potential hazard to human health or the environment, including pollution of air, land, surface water or ground water;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":253606,"text":"Such protective construction or equipment as is found to be reasonable, technologically feasible and necessary to prevent substantial present or potential hazard to human health and welfare or the environment has not been installed at a facility used for the storage, treatment or disposal of a hazardous waste; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":253607,"text":"Any key personnel have 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 (&#xA7; 54.1-3400 et seq.); 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&#8217;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:\n\t\t\t\ta. The nature and details of the acts attributed to key personnel;\n\t\t\t\tb. The degree of culpability of the applicant, if any;\n\t\t\t\tc. The applicant&#8217;s policy or history of discipline of key personnel for such activities;\n\t\t\t\td. Whether the applicant has substantially complied with all rules, regulations, permits, orders and statutes applicable to the applicant&#8217;s activities in Virginia;\n\t\t\t\te. Whether the applicant has implemented formal management control to minimize and prevent the occurrence of such violations; and\n\t\t\t\tf. 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 his decision.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":253608,"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":"A5","next_prefix":"B1"},"7":{"id":253609,"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"},"8":{"id":253610,"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"},"9":{"id":253611,"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"},"10":{"id":253612,"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"},"11":{"id":253613,"text":"If the Director finds that hazardous wastes are no longer being stored, treated or disposed of at a facility in accordance with Board regulations, the Director may revoke the permit issued for such facility or, as a condition to granting or continuing in effect a permit, may require the person to whom the permit was issued 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"}},"ancestry":[{"id":16515,"edition_id":1,"name":"Hazardous Waste Management","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 04:22:03","date_modified":"2026-06-26 04:22:03","permalink":{"id":146355,"object_type":"structure","relational_id":16515,"identifier":"4","token":"10.1\/II\/14\/4","url":"\/10.1\/II\/14\/4\/","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":85617,"structure_id":16515,"section_number":"10.1-1426","catch_line":"Permits required; waiver of requirements; reports; conditional permits","url":"\/10.1-1426\/","token":"10.1\/II\/14\/4\/10.1-1426","metadata":false},{"id":70231,"structure_id":16515,"section_number":"10.1-1427","catch_line":"Revocation, suspension or amendment of permits","url":"\/10.1-1427\/","token":"10.1\/II\/14\/4\/10.1-1427","metadata":false},{"id":86144,"structure_id":16515,"section_number":"10.1-1428","catch_line":"Financial responsibility for abandoned facilities; penalties","url":"\/10.1-1428\/","token":"10.1\/II\/14\/4\/10.1-1428","metadata":false},{"id":80947,"structure_id":16515,"section_number":"10.1-1429","catch_line":"Notice of release of hazardous substance","url":"\/10.1-1429\/","token":"10.1\/II\/14\/4\/10.1-1429","metadata":false}],"previous_section":{"id":85617,"structure_id":16515,"section_number":"10.1-1426","catch_line":"Permits required; waiver of requirements; reports; conditional permits","url":"\/10.1-1426\/","token":"10.1\/II\/14\/4\/10.1-1426","metadata":false},"next_section":{"id":86144,"structure_id":16515,"section_number":"10.1-1428","catch_line":"Financial responsibility for abandoned facilities; penalties","url":"\/10.1-1428\/","token":"10.1\/II\/14\/4\/10.1-1428","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1427\/","history_text":"<p>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, chapter 891; in 1992, chapter 463.<\/p>","references":false,"refers_to":[{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"}],"permalink":{"id":146361,"object_type":"law","relational_id":70231,"identifier":"10.1-1427","token":"10.1\/II\/14\/4\/10.1-1427","url":"\/10.1-1427\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1427\/","token":"10.1\/II\/14\/4\/10.1-1427","dublin_core":{"Title":"Revocation, suspension or amendment of permits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1427","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any permit issued by the <span class=\"dictionary\">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 <span class=\"dictionary\">Board<\/span>: <a id=\"paragraph-253602\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The permit holder has violated any regulation or <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Board<\/span>, any condition of a permit, any provision of this chapter, or any <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">court<\/span>, where such violation (i) results in a release of harmful substances into the environment, (ii) poses a threat of release of harmful substances into the environment, (iii) presents a hazard to human health, or (iv) is representative of a pattern of serious or repeated violations which, in the <span class=\"dictionary\">opinion<\/span> of the <span class=\"dictionary\">Director<\/span>, demonstrates the permittee&#8217;s disregard for or inability to comply with applicable <span class=\"dictionary\">laws<\/span>, regulations or requirements; <a id=\"paragraph-253603\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">person<\/span> to whom the permit was issued abandons, sells, leases or ceases to operate the facility permitted; <a id=\"paragraph-253604\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The facilities used in the <span class=\"dictionary\">transportation<\/span>, storage, <span class=\"dictionary\">treatment<\/span> or <span class=\"dictionary\">disposal<\/span> of <span class=\"dictionary\">hazardous waste<\/span> are operated, located, constructed or maintained in such a manner as to pose a substantial present or potential hazard to human health or the environment, including pollution of air, land, surface water or ground water; <a id=\"paragraph-253605\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Such protective construction or equipment as is found to be reasonable, technologically feasible and necessary to prevent substantial present or potential hazard to human health and welfare or the environment has not been installed at a facility used for the storage, <span class=\"dictionary\">treatment<\/span> or <span class=\"dictionary\">disposal<\/span> of a <span class=\"dictionary\">hazardous waste<\/span>; or <a id=\"paragraph-253606\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Any <span class=\"dictionary\">key personnel<\/span> have been convicted of any of the following <span class=\"dictionary\">crimes<\/span> punishable as felonies under the <span class=\"dictionary\">laws<\/span> of the Commonwealth or the equivalent thereof under the <span class=\"dictionary\">laws<\/span> of any other <span class=\"dictionary\">jurisdiction<\/span>: <span class=\"dictionary\">murder<\/span>; kidnapping; gambling; <span class=\"dictionary\">robbery<\/span>; bribery; extortion; criminal usury; <span class=\"dictionary\">arson<\/span>; <span class=\"dictionary\">burglary<\/span>; theft and related <span class=\"dictionary\">crimes<\/span>; <span class=\"dictionary\">forgery<\/span> and fraudulent practices; <span class=\"dictionary\">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 <span class=\"dictionary\">possession<\/span> or use of destructive devices or explosives; violation of the Drug Control Act (&#xA7; <a class=\"law\" title=\"Citation\" href=\"\/54.1-3400\/\">54.1-3400<\/a> et seq.); racketeering; violation of antitrust <span class=\"dictionary\">laws<\/span>; or has been adjudged by an administrative agency or a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span> to have violated the environmental protection <span class=\"dictionary\">laws<\/span> of the United States, the Commonwealth, or any other state and the <span class=\"dictionary\">Director<\/span> determines that such <span class=\"dictionary\">conviction<\/span> or adjudication is sufficiently probative of the <span class=\"dictionary\">applicant<\/span>&#8217;s inability or unwillingness to operate the facility in a lawful manner, as to warrant denial, <span class=\"dictionary\">revocation<\/span>, amendment or suspension of the permit.\n\t\t\t\tIn making such determination, the <span class=\"dictionary\">Director<\/span> shall consider:\n\t\t\t\ta. The nature and details of the acts attributed to <span class=\"dictionary\">key personnel<\/span>;\n\t\t\t\tb. The degree of culpability of the <span class=\"dictionary\">applicant<\/span>, if any;\n\t\t\t\tc. The <span class=\"dictionary\">applicant<\/span>&#8217;s policy or history of discipline of <span class=\"dictionary\">key personnel<\/span> for such activities;\n\t\t\t\td. Whether the <span class=\"dictionary\">applicant<\/span> has substantially complied with all rules, regulations, permits, <span class=\"dictionary\">orders<\/span> and <span class=\"dictionary\">statutes<\/span> applicable to the <span class=\"dictionary\">applicant<\/span>&#8217;s activities in Virginia;\n\t\t\t\te. Whether the <span class=\"dictionary\">applicant<\/span> has implemented formal management control to minimize and prevent the occurrence of such violations; and\n\t\t\t\tf. Mitigation based upon demonstration of good behavior by the <span class=\"dictionary\">applicant<\/span> including, without limitation, prompt payment of <span class=\"dictionary\">damages<\/span>, cooperation with investigations, termination of employment or other relationship with <span class=\"dictionary\">key personnel<\/span> or other <span class=\"dictionary\">persons<\/span> responsible for the violations or other demonstrations of good behavior by the <span class=\"dictionary\">applicant<\/span> that the <span class=\"dictionary\">Director<\/span> finds relevant to his decision. <a id=\"paragraph-253607\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Director<\/span> may <span class=\"dictionary\">amend<\/span> or attach conditions to a permit when: <a id=\"paragraph-253608\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">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; <a id=\"paragraph-253609\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> There is found to be a possibility of pollution causing significant adverse effects on the air, land, surface water or ground water; <a id=\"paragraph-253610\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">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 <a id=\"paragraph-253611\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The amendment is necessary to meet changes in applicable regulatory requirements. <a id=\"paragraph-253612\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> If the <span class=\"dictionary\">Director<\/span> finds that <span class=\"dictionary\">hazardous wastes<\/span> are no longer being stored, treated or disposed of at a facility in accordance with <span class=\"dictionary\">Board<\/span> regulations, the <span class=\"dictionary\">Director<\/span> may revoke the permit issued for such facility or, as a condition to granting or continuing in effect a permit, may require the <span class=\"dictionary\">person<\/span> to whom the permit was issued to provide perpetual care and surveillance of the facility. <a id=\"paragraph-253613\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1427\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREVOCATION, SUSPENSION OR AMENDMENT OF PERMITS (\u00a7 10.1-1427)\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 (i) results in a release of harmful substances into the\n   environment, (ii) poses a threat of release of harmful substances into the\n   environment, (iii) presents a hazard to human health, or (iv) is\n   representative of a pattern of serious or repeated violations which, in the\n   opinion of the Director, demonstrates the permittee&#8217;s disregard for or\n   inability to comply with applicable laws, regulations or requirements;\n\n   2. The person to whom the permit was issued abandons, sells, leases or ceases\n   to operate the facility permitted;\n\n   3. The facilities used in the transportation, storage, treatment or disposal\n   of hazardous waste are operated, located, constructed or maintained in such a\n   manner as to pose a substantial present or potential hazard to human health or\n   the environment, including pollution of air, land, surface water or ground\n   water;\n\n   4. Such protective construction or equipment as is found to be reasonable,\n   technologically feasible and necessary to prevent substantial present or\n   potential hazard to human health and welfare or the environment has not been\n   installed at a facility used for the storage, treatment or disposal of a\n   hazardous waste; or\n\n   5. Any key personnel have 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 (&#xA7; 54.1-3400 et seq.); racketeering; violation of antitrust\n   laws; or has been adjudged by an administrative agency or a court of competent\n   jurisdiction to have violated the environmental protection laws of the United\n   States, the Commonwealth, or any other state and the Director determines that\n   such conviction or adjudication is sufficiently probative of the\n   applicant&#8217;s inability or unwillingness to operate the facility in a\n   lawful manner, as to warrant denial, revocation, amendment or suspension of\n   the permit.\n   \t\t\t\tIn making such determination, the Director shall consider:\n   \t\t\t\ta. The nature and details of the acts attributed to key personnel;\n   \t\t\t\tb. The degree of culpability of the applicant, if any;\n   \t\t\t\tc. The applicant&#8217;s policy or history of discipline of key personnel\n   for such activities;\n   \t\t\t\td. Whether the applicant has substantially complied with all rules,\n   regulations, permits, orders and statutes applicable to the applicant&#8217;s\n   activities in Virginia;\n   \t\t\t\te. Whether the applicant has implemented formal management control to\n   minimize and prevent the occurrence of such violations; and\n   \t\t\t\tf. 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 his 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 hazardous wastes are no longer being stored,\ntreated or disposed of at a facility in accordance with Board regulations, the\nDirector may revoke the permit issued for such facility or, as a condition to\ngranting or continuing in effect a permit, may require the person to whom the\npermit was issued to provide perpetual care and surveillance of the facility.\n\nHISTORY: 1986, c. 492, \u00a7 10-280; 1988, c. 891; 1992, c. 463.","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}}