                                 CODE OF VIRGINIA

REGULATION OF WASTES TRANSPORTED BY WATER (§ 10.1-1454.1)

A. The Board shall develop regulations governing the commercial transport,
loading and off-loading of nonhazardous solid waste (except scrap metal, dredged
material, recyclable construction demolition debris being transported directly
to a processing facility for recycling or reuse, and source-separated
recyclables), municipal and industrial sludge, and regulated medical waste by
ship, barge or other vessel upon the navigable waters of the Commonwealth as are
necessary to protect the health, safety, and welfare of the citizens of the
Commonwealth and to protect the Commonwealth&#8217;s environment and natural
resources from pollution, impairment or destruction. Included in the regulations
shall be provisions governing (i) the issuance of permits by rule to facilities
receiving nonhazardous solid waste (except scrap metal, dredged material,
recyclable construction demolition debris being transported directly to a
processing facility for recycling or reuse, and source-separated recyclables),
municipal and industrial sludge, and regulated medical waste from a ship, barge
or other vessel transporting such wastes upon the navigable waters of the
Commonwealth and (ii) to the extent allowable under federal law and regulation,
the commercial transport of nonhazardous solid wastes (except scrap metal,
dredged material, recyclable construction demolition debris being transported
directly to a processing facility for recycling or reuse, and source-separated
recyclables), municipal and industrial sludge, and regulated medical waste upon
the navigable waters of the Commonwealth and the loading and off-loading of
ships, barges and other vessels transporting such waste.

B. 1. Included in the regulations shall be requirements, to the extent allowable
under federal law, that: (a) containers holding wastes be watertight and be
designed, constructed, secured and maintained so as to prevent the escape of
wastes, liquids and odors and to prevent the loss or spillage of wastes in the
event of an accident; (b) containers be tested at least two times a year and be
accompanied by a certification from the container owner that such testing has
shown that the containers are watertight; (c) each container be listed on a
manifest designed to assure that the waste being transported in each container
is suitable for the destination facility; and (d) containers be secured to the
barges to prevent accidents during transportation, loading and unloading.

   2. For the purposes of this section and the regulations promulgated hereunder,
   a container shall satisfy clauses (a) and (b) of subdivision B 1, if it meets
   the following requirements:
   				a. Each container shall be certified for special service by a Delegated
   Approval Authority approved by the U.S. Coast Guard in accordance with 49 CFR
   Parts 450 through 453 as having met the requirements for the approval of
   prototype containers described in §§ 1.5 and 1.17.2 of the Rules for
   Certification of Cargo Containers, 1998, American Bureau of Shipping,
   including a special container prototype test as follows: a minimum internal
   head of three inches of water shall be applied to all sides, seams, bottom and
   top of the container for at least 15 minutes of each side, seam, bottom and
   top, during which the container shall remain free from the escape of water.
   				b. Each container shall be certified by the Delegated Approval Authority
   as having passed the following test when the container is placed in service
   and at least once every six months thereafter while it remains in service:

      1. Each container shall have a minimum internal head of 24 inches of water
      applied to the container in an upright position for at least 15 minutes
      during which the container shall remain free from the escape of water. All
      wastewater and contaminated water resulting from this test procedure shall
      be disposed of in compliance with the applicable regulations of the State
      Water Control Board.

      2. Each container shall be visually inspected for damage on all sides, plus
      the top and bottom, and shall have no visible holes, gaps, or structural
      damage affecting its integrity or performance.
      					c. Following each unloading of solid waste from a container, each
      container shall be visually inspected, as practical, at the solid waste
      management facility immediately upon unloading for damage on all sides, plus
      top and bottom, and shall have no visible holes, gaps, or structural damage
      affecting its integrity or performance.

   3. It shall be a violation of this chapter if during transportation, holding,
   or storage operations, or in the event of an accident, there is an: (i) entry
   of liquids into a container; (ii) escape, loss, or spillage of wastes or
   liquids from a container; or (iii) escape of odors from a container.

C. A facility utilized to receive nonhazardous solid waste (except scrap metal,
dredged material, recyclable construction demolition debris being transported
directly to a processing facility for recycling or reuse, and source-separated
recyclables), municipal and industrial sludge, or regulated medical waste from a
ship, barge or other vessel regulated pursuant to subsection A, arriving at the
facility upon the navigable waters of the Commonwealth, is a solid waste
management facility and is subject to the requirements of this chapter. On and
after the effective date of the regulations promulgated under subsection A, no
new or existing facilities shall receive any wastes regulated under subsection A
from a ship, barge or other vessel without a permit issued in accordance with
the Board&#8217;s regulations.

D. 1. The Board shall, by regulation, establish a fee schedule, payable by the
owner or operator of any ship, barge or other vessel carrying, loading or
off-loading waste regulated under this article on the navigable waters of the
Commonwealth, for the purpose of funding the administrative and enforcement
costs of this article associated with such operations including, but not limited
to, the inspection and monitoring of such ships, barges or other vessels to
ensure compliance with this article, and for funding activities authorized by
this section to abate pollution caused by barging of waste, to improve water
quality, or for other waste-related purposes.

   2. The owner or operator of a facility permitted to receive wastes regulated
   under this article from a ship, barge or other vessel shall be assessed a
   permit fee in accordance with the criteria set forth in &#xA7; 10.1-1402.1.
   However, such fees shall also include an additional amount to cover the
   Department&#8217;s costs for facility inspections that it shall conduct on at
   least a quarterly basis.

   3. The fees collected pursuant to this article shall be deposited into a
   separate account within the Virginia Waste Management Board Permit Program
   Fund (&#xA7; 10.1-1402.2) and shall be treated as are other moneys in that
   fund except that they shall only be used for the purposes of this article, and
   for funding purposes authorized by this article to abate pollution caused by
   barging of waste, to improve water quality, or for other waste-related
   purposes.

E. The Board shall promulgate regulations requiring owners and operators of
ships, barges and other vessels transporting wastes regulated under this article
to demonstrate financial responsibility sufficient to comply with the
requirements of this article as a condition of operation. Regulations governing
the amount of any financial responsibility required shall take into
consideration: (i) the risk of potential damage or injury to state waters and
the impairment of beneficial uses that may result from spillage or leakage from
the ship, barge or vessel; (ii) the potential costs of containment and cleanup;
and (iii) the nature and degree of injury or interference with general health,
welfare and property that may result.

F. The owner or operator of a ship, barge or other vessel from which there is
spillage or loss to state waters of wastes subject to regulations under this
article shall immediately report such spillage or loss in accordance with the
regulations of the Board and shall immediately take all such actions as may be
necessary to contain and remove such wastes from state waters.

G. No person shall transport wastes regulated under this article on the
navigable waters of the Commonwealth by ship, barge or other vessel unless such
ship, barge or vessel and the containers carried thereon are designed,
constructed, loaded, operated and maintained so as to prevent the escape of
liquids, waste and odors and to prevent the loss or spillage of waste in the
event of an accident. A violation of this subsection shall be a Class 1
misdemeanor. For the purposes of this subsection, the term &#8220;odors&#8221;
means any emissions that cause an odor objectionable to individuals of ordinary
sensibility.

H. The Director may grant variances for the commercial transport, loading, and
off-loading of solid waste on waters of the Commonwealth from the requirements
of this section provided: (i) travel on state waters is minimized; (ii) the
solid waste is easily identifiable, is not hazardous, and is containerized so as
to prevent the escape of liquids, waste, and odors; (iii) the containers are
secured to the vessel to prevent spillage; (iv) the amount of solid waste
transported does not exceed 300 tons annually; and (v) the activity will not
occur when weather conditions pose a risk of the vessel losing its load.

HISTORY: 1998, cc. 705, 717; 1999, c. 608; 2003, c. 830; 2005, cc. 130, 232;
2006, c. 477.