                                 CODE OF VIRGINIA

LANDFILL POSTCLOSURE MONITORING, MAINTENANCE AND PLANS (§ 10.1-1410.2)

A. The owner and operator of any solid waste landfill permitted under this
chapter shall be responsible for ensuring that such landfill is properly closed
in accordance with the Board&#8217;s regulations and that the landfill is
maintained and monitored after closure so as to protect human health and the
environment. Maintenance and monitoring of solid waste landfills after closure
shall be in accordance with the Board&#8217;s regulations. At all times during
the operational life of a solid waste landfill, the owner and operator shall
provide to the Director satisfactory evidence of financial assurance consistent
with all federal and state laws and regulations to ensure that the landfill will
be:

   1. Closed in accordance with the Board&#8217;s regulations and the closure
   plan approved for the landfill; and

   2. Monitored and maintained after closure, for such period of time as provided
   in the Board&#8217;s regulations or for such additional period as the Director
   shall determine is necessary, in accordance with a postclosure plan approved
   by the Director.

B. Not less than 180 days prior to the completion of the postclosure monitoring
and maintenance period as prescribed by the Board&#8217;s regulations or by the
Director, the owner or operator shall submit to the Director a certificate,
signed by a professional engineer licensed in the Commonwealth, that postclosure
monitoring and maintenance have been completed in accordance with the
postclosure plan. The certificate shall be accompanied by an evaluation,
prepared by a professional engineer licensed in the Commonwealth and signed by
the owner or operator, assessing and evaluating the landfill&#8217;s potential
for harm to human health and the environment in the event that postclosure
monitoring and maintenance are discontinued. If the Director determines that
continued postclosure monitoring or maintenance is necessary to prevent harm to
human health or the environment, he shall extend the postclosure period for such
additional time as the Director deems necessary to protect human health and the
environment and shall direct the owner or operator to submit a revised
postclosure plan and to continue postclosure monitoring and maintenance in
accordance therewith. Requirements for financial assurance as set forth in
subsection A shall apply throughout such extended postclosure period.

HISTORY: 1999, cc. 584, 613, 947.