                                 CODE OF VIRGINIA

LANDFILL SITING REVIEW (§ 10.1-1408.4)

A. Before granting a permit which approves site suitability for a new municipal
solid waste landfill, the Director shall determine, in writing, that the site on
which the landfill is to be constructed is suitable for the construction and
operation of such a landfill. In making his determination, the Director shall
consider and address, in addition to such others as he deems appropriate, the
following factors:

   1. Based on a written, site-specific report prepared by the Virginia
   Department of Transportation, the adequacy of transportation facilities that
   will be available to serve the landfill, including the impact of the landfill
   on local traffic volume, road congestion, and highway safety;

   2. The potential impact of the proposed landfill on parks and recreational
   areas, public water supplies, marine resources, wetlands, historic sites, fish
   and wildlife, water quality, and tourism; and

   3. The geologic suitability of the proposed site, including proximity to areas
   of seismic activity and karst topography.
   				The applicant shall provide such information on these factors as the
   Director may request.

B. In addition to such other types of locations as may be determined by the
Board, no new municipal solid waste landfill shall be constructed:

   1. In a 100-year flood plain;

   2. In any tidal wetland or nontidal wetland contiguous to any surface water
   body, except in accordance with &#xA7; 10.1-1408.5;

   3. Within three miles upgradient of any existing surface or groundwater public
   water supply intake or reservoir. However, a new municipal solid waste
   landfill may be constructed within a closer distance but no closer than one
   mile from any existing surface or groundwater public water supply intake or
   reservoir if: (i) the proposed landfill would meet all of the other
   requirements of this chapter and subtitle D of the federal Resource
   Conservation and Recovery Act, including alternative liner systems approved in
   accordance with that Act; (ii) the permit requires that groundwater protection
   standards be established and approved by the Director prior to the receipt of
   waste; (iii) the permit requires installation of at least two synthetic liners
   under the waste disposal areas and requires leachate collection systems to be
   installed above and below the uppermost liner; (iv) the permit requires all
   groundwater monitoring wells located within the facility&#8217;s boundary and
   between the landfill and any water supply intake to be sampled quarterly and
   the results reported to the Department within 15 days of the owner or operator
   receiving the laboratory analysis; and (v) the proposed landfill meets any
   other conditions deemed necessary by the Director, in consultation with the
   Commissioner of Health, to protect against groundwater and surface water
   contamination. In the Counties of Mecklenburg and Halifax, a new municipal
   solid waste landfill may be exempt from the provisions of this subdivision and
   may be constructed within a shorter distance from an existing surface or
   groundwater public water supply intake or reservoir if the Director determines
   that such distance would not be detrimental to human health and the
   environment;

   4. In any area vulnerable to flooding resulting from dam failures;

   5. Over a sinkhole or less than 100 feet above a solution cavern associated
   with karst topography;

   6. In any park or recreational area, wildlife management area or area
   designated by any federal or state agency as the critical habitat of any
   endangered species; or

   7. Over an active fault.

C. There shall be no additional exemptions granted from this section unless (i)
the proponent has submitted to the Department an assessment of the potential
impact to public water supplies, the need for the exemption, and the
alternatives considered and (ii) the Department has made the information
available for public review for at least 60 days prior to the first day of the
next Regular Session of the General Assembly.

HISTORY: 1999, cc. 584, 613, 947; 2001, c. 767; 2003, c. 834; 2005, c. 920.