                                 CODE OF VIRGINIA

REVOCATION, SUSPENSION OR AMENDMENT OF PERMITS (§ 10.1-1427)

A. 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:

   1. 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;

   2. The person to whom the permit was issued abandons, sells, leases or ceases
   to operate the facility permitted;

   3. 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;

   4. 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

   5. 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.
   				In making such determination, the Director shall consider:
   				a. The nature and details of the acts attributed to key personnel;
   				b. The degree of culpability of the applicant, if any;
   				c. The applicant&#8217;s policy or history of discipline of key personnel
   for such activities;
   				d. Whether the applicant has substantially complied with all rules,
   regulations, permits, orders and statutes applicable to the applicant&#8217;s
   activities in Virginia;
   				e. Whether the applicant has implemented formal management control to
   minimize and prevent the occurrence of such violations; and
   				f. 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. The Director may amend or attach conditions to a permit when:

   1. 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;

   2. There is found to be a possibility of pollution causing significant adverse
   effects on the air, land, surface water or ground water;

   3. 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

   4. The amendment is necessary to meet changes in applicable regulatory
   requirements.

C. 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.

HISTORY: 1986, c. 492, § 10-280; 1988, c. 891; 1992, c. 463.