Table of contents

3. Department of Environmental Quality Permits

3.1 Air Division

Air pollution sources in Virginia are regulated by the Virginia Department of Environmental Quality, the Air Pollution Control Board and the U.S. Environmental Protection Agency. They administer programs created by the federal Clean Air Act and the Virginia Air Pollution Control Law.

Clean Air Act requirements include:

• National Ambient Air Quality Standards, which are health-based standards applied to six "criteria pollutants": carbon monoxide, lead, nitrogen oxides, ozone, particulates and sulfur oxides.
  
• National Emission Standards for Hazardous Air Pollutants, also health-based, that apply to "hazardous" pollutants not covered by National Ambient Air Quality Standards -- asbestos, benzene, beryllium, inorganic arsenic, mercury, radionuclides and vinyl chloride.
  
• New Source Performance Standards, technology-based minimum standards that limit emissions of regulated pollutants from newly built plants and some existing plants that undergo modification.
  
• Pollution (reduction) Offsets are required for major new facilities and modifications to existing facilities emitting volatile organic compounds and nitrogen oxides in the Northern Virginia Ozone Nonattainment Area. These offsets are a means of abating existing pollution levels by requiring at least a 1.2:1offset ratio. Offsets may include emissions trading within the same nonattainment area. A new or modified facility acquires offset credits by reducing emissions from other existing facilities in the area.
  
• Phase-out of stratospheric ozone depleting chemicals: CFC, halons, carbon tetrachloride, methyl chloroform and hydrofluorocarbons.
  
• Reduction in hazardous pollutant emissions within 10 years. Sources that are identified as subject to Maximum Achievable Control Technology (major new and existing sources) will be expected to reduce 90 percent or more.
  
• Decrease in urban smog by reducing emissions from small businesses as well as large factories and vehicles.
  
• Reduction of annual sulfur dioxide and nitrogen oxide emissions from electric utilities under the acid rain operating permit program.

Under the National Ambient Air Quality Standards program, geographic areas that violate the standard for one or more criteria pollutants are called "nonattainment areas." In nonattainment areas, new plants and major modifications must meet the Lowest Achievable Emission Rate, defined as the most stringent emissions limitation derived for that type of plant. Also, to avoid increasing the total amount of a criteria pollutant in a nonattainment area, a new or expanding business must offset whatever emissions it intends to emit. For VOCs and NOx, the offsetting ratio must be at least 1.2:1 in the Northern Virginia Ozone Nonattainment Area.
A Prevention of Significant Deterioration area is a geographic area designated as "attainment" or "unclassifiable" for any pollutant for which a NAAQS exists. Sources of air pollution in a PSD area are regulated to keep the air quality good as new businesses come into the area. Permit and control requirements vary with the classification of the area. In Class I areas -- primarily national parks and wilderness areas -- few impacts are allowed, and some types of nearby industrial development are severely restricted. In Class II areas, limited amounts of new emissions are allowed, and in Class III areas, greater amounts of new emissions are permitted. (No Class III areas are presently designated in Virginia.)
Virginia currently has two Class I PSD areas: Shenandoah National Park and James River Face Wilderness. The remainder of the state is designated as Class II. Facilities affecting both Class I and Class II areas that have the potential to emit 250 tons of a pollutant, or 100 tons for a specific list of 28 source categories, will need to meet more stringent permitting requirements and apply Best Available Control Technology.
Through the Virginia Air Pollution Control Law, the General Assembly has empowered the State Air Pollution Control Board to administer the shared federal programs and to adopt additional regulations that are considered beneficial to the health and well being of the citizens of the Commonwealth. State regulations include several issues not addressed by federal law. The regulations limit opacity caused by air pollutants, except during specified periods. Sources of dust must take "reasonable precautions" to prevent particulate matter from becoming airborne. The regulations also prohibit odorous emissions that are "objectionable to individuals of ordinary sensibility."
The Air Toxics Inventory Program was established by the State Air Pollution Control Board in 1985. The Clean Air Act Amendments of 1990 address the same substances monitored by this program. Under the program, the Board regulates ambient concentrations of specified priority pollutants. Sources may be required to provide emissions data on toxics emissions. In addition, because the Department of Environmental Quality has jurisdiction over all pollutants, it may request information on any emission of concern in a permit application. EPA has been developing specific emissions standards and requirements for control technology (MACT standards) for 188 toxic pollutants.
The air Operating Permit Program is a relatively new concept in Virginia. Its goal is to place all air permitting requirements applicable to a given facility into a single document. The permit should be renewed at five-year intervals to reflect changing requirements attributable to both facility needs and changing regulatory requirements. The Commonwealth established its state operating permit program in 1991 in response to the anticipated need for a federally mandated program. Now that the federal government has mandated an operating permit program and set out requirements for all states to meet, Virginia and other states are making use of their programs to implement the federal operating permit program, known as the Title V Operating Permit Program. Additionally, certain types of electricity generating facilities are required to apply for acid rain operating permits.

Essential operating permit concepts include:

• Potential to emit. Potential to emit is the maximum physical and operational capacity of a source, or emission unit, to emit any air pollutant. Potential to emit is predicated on year-round, day-and-night operation, but it also takes into account federally enforceable restrictions and controls on the facility, such as those found in a permit. It does not take into account voluntary limits on operation or state controls.
  
• Applicable requirements. Neither the state nor the federal operating permit program contains extensive substantive requirements of its own. Both serve as vehicles for identifying all requirements applicable to the source. These requirements can include, but are not limited to, compliance, record-keeping, reporting, emission controls, emission limits, work practices, operating hours and other matters stemming from federal and state air laws and regulations, and permits issued to allow construction or modification of the facility.
  
• Synthetic minors and potential to emit: use of the state program. A source can avoid the requirement to apply for a Title V permit if it can qualify for a state operating permit that keeps its potential to emit below the thresholds in the Title V major source definition. This is known as a "synthetic minor." Similarly, an existing source may seek a modification to its operation and agree to take an emissions limit that keeps the whole source below the major threshold. The modification permit also serves to make the source a "synthetic minor." It will not be a Title V major source so long as these limits are enforceable through the state operating or modified source permits.

3.1.1 Existing Sources Registration and Standards

3.1.1.1 Who Must Apply
Owners and operators of any existing (constructed prior to March 17, 1972, or reconstructed prior to December 10, 1976) stationary source that exceeds threshold amounts of fugitive dust, odor or any criteria pollutants from emission causing processes, National Emission Standards for Hazardous Air Pollutants, "maximum achievable control technology" standards or toxic pollutants under Virginia's air toxics regulation. Applicability to a source can be determined by contacting the DEQ, Air Division. Some existing sources may need a Title V or other air-operating permit.

3.1.1.2 Authority
Federal Clean Air Act
Virginia Code §§ 10.1-1300 et seq.
Commonwealth of Virginia Regulations for the Control and Abatement of Air Pollution Chapters 20, 30, 40, and 60
3.1.1.3 Typical Requirements of Owner/Operator

1. Contact the regional DEQ office for your location.
2. Determine whether the source produces emissions subject to the regulations.
3. Report types and amounts of pollutants emitted.
4. Monitor system for emissions specified by DEQ.
5. Record levels of emissions and report results of testing and monitoring to DEQ.
6. Operate source in compliance with maximum allowable levels of emissions as defined in the applicable rules.
7. Conduct ambient air quality monitoring as directed by DEQ.

3.1.2 Minor New or Modified Source Construction Permit

3.1.2.1 Who Must Apply
Any person or entity intending to construct a new air pollution source, or to modify, relocate or reactivate an existing source not exempted by 9 VAC 5-80-11. Permit exemption should be documented in writing from the appropriate DEQ regional office. A modification is any change to the
facility or process, including hours of operation, which increases the potential to emit an air pollutant or causes a pollutant to be emitted that was not previously emitted. (Major sources not subject to nonattainment area requirements or the Prevention of Significant Deterioration permit requirements are also included.)
3.1.2.2 Authority
Federal Clean Air Act
Virginia Code §§ 10.1-1300 et seq.
Commonwealth of Virginia Regulations for Control and Abatement of Air Pollution, Part I of Chapter 50 (9 VAC 5-50-10 et seq.), Part I of Chapter 60 (9 VAC 5-60-10 et seq.), and Part I of Chapter 80 (9 VAC 5-80-10 et seq.)
3.1.2.3 Term
Remains in effect until further modifications are made, the source is relocated or an operating permit replaces the permit.
3.1.2.4 Typical Requirements of a Permit

1. Stationary sources must control their emissions using the "best available control technology" (BACT) for each criteria pollutant and "maximum achievable control technology" (MACT) for regulated hazardous air pollutants for designated categories.
2. Certain identified toxic pollutants must be limited to specified levels.
3. Procedures are established for measuring and recording emissions and/or process rates.

3.1.2.5 Application Process

1. Contact the DEQ regional office for your location.
2. In order to be considered complete, an application must:
   • Demonstrate that the design incorporates the "best available control technology" or meets the "maximum achievable control technology" standards.
   • Present evidence that local zoning requirements are satisfied (for new facilities and major modifications).
3. Review of complete application normally takes up to 90 days.
4. The Board may require a public hearing if controversy arises, if requested by the local governing body and in all cases in which emissions of any one pollutant will increase by 100 tons or more per year.
5. The regional director normally issues permit if the Board requires no public hearing.

3.1.3 Construction Permit for Major New or Modified Source in a Nonattainment Area

3.1.3.1 Who Must Apply
Any person or entity intending to construct a new stationary air pollution source, or to modify, relocate or reactivate an existing source of a "criteria pollutant" for which the area is designated nonattainment. A source that emits more than 50 tons per year of volatile organic compounds and nitrogen oxides (chemical precursors of ground level ozone) is considered a major source in the Northern Virginia Ozone Nonattainment Area, because the area is classified as "serious" for ozone nonattainment.
A modification is any change to the facility or process, including hours of operation, that increases the potential to emit an air pollutant or causes a pollutant to be emitted that was not previously.
3.1.3.2 Authority
Federal Clean Air Act
Virginia Code §§ 10.1-1300 et seq.
Commonwealth of Virginia Regulations for Control and Abatement of Air Pollution, Part I of Chapter 50 (Code 9 VAC 5-50-10 et seq., Part I of Chapter 60 (9 VAC 5-60-10 et seq.) and Article 9 of Chapter 80 (9 VAC 5-80-30 et seq.)
3.1.3.3 Term
Remains in effect until further modifications are made, the source is relocated or an operating permit replaces the permit.
3.1.3.4 Typical Requirements of a Permit

1. Stationary sources in a nonattainment area must control their emissions with the "best available control technology" for the criteria pollutants that meet the standard. For nitrogen oxides and volatile organic compounds, the more restrictive "lowest achievable emission rate" must be achieved. "Maximum achievable control technology" must be applied to regulated hazardous air pollutants.
2. To avoid increasing the total amount of a criteria pollutant in a nonattainment area, a decrease from existing sources that equals the new source with LAER must be accomplished. For VOCs and NOx, the offsetting ratio must be greater than 1.2:1.
3. Certain identified hazardous pollutants must be limited to specified levels.

3.1.3.5 Application Process

1. Contact the DEQ regional office for your location.
   
2. In order to be considered complete, an application must:
   • Demonstrate incorporation of BACT for attainment pollutants, MACT for hazardous air pollutants and LAER for nonattainment pollutants.
   • Present evidence that local zoning requirements are satisfied.
3. Applicant must demonstrate offsetting reductions of existing VOC and NOx pollutant levels for application to be considered complete.
4. Review of complete application normally takes 90 days.
5. Applicant must publish a newspaper notice of the project and conduct a public information meeting. A public hearing is required.
6. Decision to grant or deny a permit is normally made by the DEQ regional director. However, controversial cases may be presented to the Board.

3.1.4 Prevention of Significant Deterioration Permit

3.1.4.1 Who Must Apply
Any person or entity within Virginia intending to construct a new air pollution source, or to modify, relocate or reactivate an existing source that will emit 250 tons per year of any regulated pollutant or combination of regulated pollutants, or who is one of 28 specific industries listed below and will emit
100 tons per year of a regulated pollutant.

1. Fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat input
   
2. Coal cleaning plants with thermal dryers
   
3. Kraft pulp mills
   
4. Portland cement plants
   
5. Primary zinc smelters
   
6. Iron and steel mill plants
   
7. Primary aluminum ore reduction plants
   
8. Primary copper smelters
   
9. Municipal incinerators capable of charging more than 250 tons of refuse per day
   
10. Hydrofluoric acid plants
    
11. Sulfuric acid plants
    
12. Nitric acid plants
    
13. Petroleum refineries
    
14. Lime plants
    
15. Phosphate rock processing plants
    
16. Coke oven batteries
    
17. Sulfur recovery plants
    
18. Carbon black plants (furnace process)
    
19. Primary lead smelters
    
20. Fuel conversion plants
    
21. Sintering plants
    
22. Secondary metal production plants
    
23. Chemical process plants
    
24. Fossil fuel boilers (or combinations thereof) totaling more than 250 million Btu per hour heat input
    
25. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels
    
26. Taconite ore processing plants
    
27. Glass fiber processing plants
    
28. Charcoal production plants

3.1.4.2 Authority
Federal Clean Air Act
Virginia Code §§ 10.1-1300 et seq.
Commonwealth of Virginia Regulations for Control and Abatement of Air Pollution, Part I of Chapter 50 (9 VAC 5-50-10 et seq.), Part I of Chapter 60 (9 VAC 5-60-10 et seq.) and Article 8 of Chapter 80 (9 VAC 5-80-20 et seq.)
3.1.4.3 Term
Remains in effect until further modifications are made, the source is relocated or an operating permit replaces the permit.
3.1.4.4 Typical Requirements of a Permit

1. Stationary sources in a PSD area must be designed so that any additional emissions will not exceed the increment of pollution allowed for the area.
2. Provisions required for a minor source permit would also be required as a minimum.

3.1.4.5 Application Process

1. Contact the DEQ regional office for your location.
2. To be considered complete, an application must:
   • Demonstrate that the design incorporates the "best available control technology."
   • Present evidence that local zoning requirements are satisfied.
   • One year of meteorological and air quality data is needed for detailed analysis of probable impacts on existing air quality, visibility, soils and vegetation. Some or all of the necessary data may be available in some areas of the state, while it may need to be collected by the applicant in others.
   • Applicant using pre-approved procedures must provide extensive predictive modeling of emissions from both proposed and existing sources.
3. Review of application may take up to 12 months.
   
4. Public hearing(s) are required in all cases. Applicant is required to publish a newspaper notice of the project and to conduct a public information meeting.
   
5. Permit is issued.

3.1.5 Operating Permits

3.1.5.1 Who Must Apply
State Operating Permits: Owners and operators of any stationary source may apply for a State Operating Permit under any of the following conditions:

1. The owners and operators of a stationary source desire additional federally enforceable limits to lower the potential to emit certain pollutants from unregulated or under-regulated equipment below the “major source” threshold in order to avoid stricter federal operating permitting requirements.
   
2. The owners and operators desire to combine the requirements of several permits for the
   stationary source into one permit.
   
3. The owners and operators need to implement emission trading requirements other than
   those allowed under the federal Title IV Acid Rain Operation Permit program.
   
4. The owners and operators desire to accept federally enforceable limits if necessary to
   resolve or avoid a compliance action when the required changes would not be classified as
   a modification to the facility. (Modifications are dealt with under the new source review
   program.)

A State Operating Permit may be issued by the DEQ (with or without an application) for either of the following reasons:

1. The stationary source is required to accept a federally enforceable emissions cap in order to resolve a violation of any air quality standard.
   
2. The stationary source is required to meet an emission standard or other requirement in order to implement the Federal Clean Air Act or the Virginia Air Pollution Control Law.

Title IV Acid Rain Operating Permits: The owners and operators of certain types of electricity generating facilities which are subject to special federal sulfur dioxide and nitrogen oxide emission limits and/or additional monitoring, record-keeping and reporting requirements, must apply for a Phase II
Acid Rain Permit.
Title V Federal Operating Permits: The owners and operators of any source that emits or has the potential to emit 100 tons or more per year of any criteria pollutant, or 10 tons per year or more of any hazardous air pollutant, or 25 tons per year or more of any combination of hazardous air pollutants must
apply for a Title V Federal Operating Permit. The applicability thresholds for NOx and VOC are lower (50 tons per year each) in the Northern Virginia Ozone Nonattainment Area.
3.1.5.2 Authority
Federal Clean Air Act Amendments of 1990 (Public Law 101-549)
Title 40, Code of Federal Regulations, Parts 70 and Parts 72 through 76
Virginia Code §§ 10.1-1300 et seq. Commonwealth of Virginia Regulations for the Control and Abatement of Air Pollution, Article 1 (Federal Operating Permits, 9 VAC 5-80-50 et seq.), Article 2 (Permit Program Fees, 9 VAC 5-80- 310 et seq.), Article 3 (Acid Rain Operating Permits, 9 VASC 5-80-360 et seq.), Article 4 (Insignificant Activities, 9 VAC 5-80-710 et seq.), and Article 5 (State Operating Permits, 9 VAC 5- 80-800 et seq.)
3.1.5.3 Term
State Operating Permits: good indefinitely, does not need to be renewed.
Title IV Acid Rain Operating Permits: issued for a maximum of five years; must be renewed.
Title V Federal Operating Permits: issued for a maximum of five years; must be renewed.

3.1.5.4 Fees
Permit fees are charged only for stationary sources that have State Operating Permits or those that are subject to Title V Federal Operating Permit s or Title IV Acid Rain Operating Permits. This fee changes annually with fluctuations in the Consumer Price Index and is calculated as described in 9 VAC 5-80-340. Owners and operators of stationary sources with fees calculated to be $300 or less are exempt from paying the fees.
For emissions during the CY 1999: Fees are $34.20 per ton of emissions
For emissions during the CY 2000: Fees are $35.37 per ton of emissions

3.1.5.5 Application Process

1. Contact the appropriate DEQ regional office for any pre-application guidance that you need. A meeting with the regional air permitting staff can identify and correct potential problems before the application is submitted, thereby eliminating processing delays. Application forms may be obtained from any DEQ regional office.
   
2. State Operating Permit: Submit a complete application (DEQ Form 7) to the appropriate DEQ regional office. To be considered complete, the application package must include a number of elements listed in detail in the regulations (9 VAC 5-80-840) and explained on the application form. Once the application is considered “complete,” the regional office has 90 days to take final action on the permit. A 30-day public comment period is required
   before DEQ takes final action on the permit application. A public hearing may also be required.
   
3. Title IV Acid Rain Operating Permit: Submit a copy of the EPA Phase II Permit Application (OMB No. 2060-0268) completed in accordance with instructions in 40 CFR §§ 72.3 and 72.31 to the appropriate DEQ regional office. Include copies of the Certificate of Representation (OMB No. 2060-0221) and the Acid Rain Compliance Plan (9 VAC 5-80-450) that were submitted to EPA. The additional information required by 9 VAC 5-80- 440 must be submitted when requested by DEQ. DEQ will certify the status of the application completeness to the applicant within 60 days of receipt. Once the application is considered “complete,” the regional office has 18 months to take final action on the permit application. A minimum of a 30-day public comment period is required before DEQ takes final action. A 45-day EPA review period is also required, but it is usually done concurrently with the public comment period. A public hearing may also be required.
   
4. Title V Federal Operating Permit: Submit a complete application (DEQ Form 805) to the appropriate DEQ regional office. To be considered complete, the application package must include a number of elements listed in detail in the regulations (9 VAC 5-80-90) and explained on the application form. DEQ will certify the status of application completeness to the applicant within 60 days of receipt. Once the application is considered “complete,” the regional office has 18 months to take final action on the permit application. A 30-day public comment period and a 45-day EPA review period are required before DEQ takes final action. A public hearing may also be required.

3.2 Water Division

The Virginia Department of Environmental Quality, the State Water Control Board and the U.S. Environmental Protection Agency regulate water resources and water pollution in Virginia. They administer programs created by the federal Water Pollution Control Act of 1972, commonly known as the Clean Water Act, the federal Water Quality Act of 1987, and a 1984 amendment to the federal Resource Conservation and Recovery Act.
CWA Section 402 established the National Pollutant Discharge Elimination System to limit pollutant discharges into streams, rivers and bays. DEQ administers the program in Virginia and calls it the Virginia Pollutant Discharge Elimination System. Though DEQ requires VPDES permits for all point source discharges to surface waters, EPA maintains authority to review applications and permits for "major" dischargers, a distinction based on discharge quantity and content.
DEQ, the Department of Conservation and Recreation and the Chesapeake Bay Local Assistance Department are coordinating three separate state programs that regulate the management of pollution carried by storm water runoff. The programs developed from separate state and federal laws passed to address surface water contamination from land use activities.

• The federal Clean Water Act requires large cities and urbanized counties to develop storm water management plans and obtain discharge permits for storm water outfalls. In Virginia this program will be handled by DEQ, which will issue Virginia Pollutant Discharge Elimination System permits to localities. Companies must submit applications to DEQ to ensure that storm water discharges that enter streams directly from industrial activities also are permitted.
  
• The Virginia Storm Water Management Act enables local governments to establish management plans and adopt ordinances that require control and treatment of stormwater runoff to prevent flooding and contamination of local waterways. Local
  programs must meet or exceed the minimum standards contained in regulations. Under the act, state agencies must employ management practices whether or not the locality in which a state facility is to be located has a program.
  
• The Chesapeake Bay Preservation Act establishes requirements for storm water management within Chesapeake Bay Preservation Areas in all Tidewater localities. Under this legislation, each local government enforces its own program, which has been patterned on a model developed by the Chesapeake Bay Local Assistance Board and Department.

To protect publicly owned treatment works from contamination by industrial wastewater; EPA established regulations for pretreatment. Under Virginia's Pretreatment Program, industries are prohibited from discharging any pollutant into a publicly owned treatment works that may pass through untreated, interfere with the performance of the treatment works or contaminate sludge. Industries planning to discharge wastewater into a publicly owned treatment works should contact the municipality as early as possible for approval to discharge and to determine any pretreatment requirements.
Underground Storage Tanks are regulated under Subtitle I of the 1984 Amendment to RCRA. Regulations have established design standards for new tanks and reporting requirements for existing tanks. Owners must certify that existing tanks in use are not leaking and ensure that those that do are replaced with new tanks. If a tank has been found to be leaking, the owner must take immediate action to limit damage to the environment, report the leak to DEQ and develop and carry out a plan of remediation for the site.
The durability of new tanks and requirements for leak detectors are included in the Virginia Building Code, so any new installation must conform in order to receive a building permit from the local building official. Following installation, DEQ requires that issuance of the necessary local building permit be documented.
The Virginia Pollution Abatement permit program regulates facilities that treat and handle wastewaters but do not discharge them through point sources to surface waters. Included are the treatment, storage, recycling or other handling of wastewater other than for the purpose of ultimately discharging the water through a point source. VPA permits are issued to industrial users and animal feeding operations that store or recycle wastewaters. They are also used to regulate the land application of industrial sludge and animal waste.
The Virginia Water Protection Permit program regulates dredge, fill and excavation activities and surface water withdrawals in state waters, including wetlands. This permit program also serves as Virginia's Section 401 certification program for federal Section 404 permits. Application is made through the Joint Permit Application process for concurrent federal and state project review.
The Virginia Department of Health has joint responsibility for the regulation of sewer systems and sewage treatment works. A permit from the local Health Department must be obtained prior to construction of any septic system or other on-site sewage disposal system.
Under the Ground Water Management Act of 1992, Virginia manages ground water through a program regulating the withdrawals in certain areas called ground water management areas. Those wishing to withdraw 300,000 gallons per month or more must apply for and receive a permit. Currently, there are two ground water management areas in the state: Eastern Shore and Eastern Virginia. The Eastern Virginia ground water management area comprises an area east of Interstate 95 and south of the Mattaponi and York rivers.
The Surface Water Management Act of 1989 and regulations apply a similar principle to areas where surface water resources have a history of low flow conditions that threaten important instream and off-stream uses. The Commonwealth has the responsibility to ensure that adequate surface flow of water in streams is maintained at levels that allow for the variety of its potential uses, including minimum flows during periods of drought, assimilation of treated wastewater, and support of aquatic and other water-dependent wildlife. Water withdrawals of 300,000 or more gallons per month in a surface water management area are required to have a surface water withdrawal permit if new, or to have a surface water withdrawal certificate to continue withdrawing surface water. Permits and certificates will include a conservation plan that is activated during low-flow conditions in the surface water source. For more information contact:

DEQ Water Division
P.O. Box 1105
Richmond, Virginia 23218
(804) 698-4039

3.2.1 Virginia Polluntant Discharge Elimination System
(Note: Virginia Polluntant Discharge Elimination System permits for surface coal mines are issued by the Virginia Department of Mines, Minerals and Energy.)

3.2.1.1 Who Must Apply
Any person who discharges or proposes to discharge any pollutant into surface waters of the Commonwealth from a point source. Included are storm water discharges from certain industrial facilities and from certain local storm water collection systems. Excluded are vessels, runoff from fields and orchards, return flows from irrigation, land disposal of pollutants otherwise permitted and discharges into otherwise permitted treatment systems.
Sources are of three categories depending on the type of discharge and volume:

• Major -- sewage with a design volume equal to or greater than 1.0 million gallons per day and industrial discharges requiring EPA review.
• Minor -- commercial, small industrial and sewage of less than 1.0 million gallons per day.
  
• General -- typically small volumes of low potency pollutants.

3.2.1.2 Authority
Federal Clean Water Act
Virginia Code §§ 62.1-44.15 through 44.30
Virginia Administrative Code 9 VAC 25-30-10 et seq.

3.2.1.3 Term
Varies up to a maximum of 5 years.
3.2.1.4 Fees
General Permit -- $200.
Individual permit fees range from $1,400 to $8,000, depending on the type of permit.
3.2.1.5 Typical Requirements of a Permit

1. Limits on concentrations and quantities of pollutants.
   
2. Proper operation and maintenance of facilities, discharge monitoring, record keeping and reporting of data to DEQ. Facility must be open to inspections.
   
3. Presence of pollutants subsequently determined to be toxic may cause a permit to be reopened.

3.2.1.6 Application Process

1. Contact the DEQ regional office for your location.
   
2. Completed application must be filed at least 180 days before start of construction or operation or before expiration of an existing permit.
   
3. Draft permit is prepared by the DEQ regional office and may be reviewed by the Virginia Department of Health (for municipal facilities), the EPA and the applicant. EPA has 30 days to object to a permit. Changes to the draft may be re-reviewed by all parties.
   
4. Public notice is issued and a hearing conducted if justified.
   
5. The applicant makes appeal of permit denial or permit conditions to the State Water Control Board in a hearing. Judicial review is in accordance with Virginia's Administrative Process Act.

3.2.2 Virginia Pollution Abatement (VPA) Permit

3.2.2.1 Who Must Apply
Any person who proposes to manage pollutants without resulting in a point source discharge to surface waters. VPA permits may be used to authorize land application of sewage sludge, animal waste or industrial waste, or "closed systems" that reuse and recycle wastewater. Excluded are vessels, runoff from fields and orchards (animal feeding operations are not excluded), return flows from irrigation, land disposal of pollutants otherwise permitted and discharges into otherwise permitted treatment systems.
3.2.2.2 Authority
Virginia Code § 62.1-44.17
Virginia Administrative Code 9 VAC 25-30-10 et seq.
3.2.2.3 Term
Varies up to a maximum of 10 years.
3.2.2.4 Fees
General Permit -- $200.
Individual permit fees range from $250 to $5,000 depending on the type of activity.

3.2.2.5 Typical Requirements of a Permit

1. Prohibition of discharge of pollutants to surface waters.
   
2. Waste storage and disposal requirements.
   
3. For manure disposal, a nutrient management plan will be required.
   
4. Best management practices such as berms and buffer strips to protect surface water.
   
5. Ground water monitoring to detect possible contamination.
   
6. Sludge monitoring to determine concentration of pollutants.

3.2.2.6 Application Process

1. Contact the DEQ regional office for your location.
   
2. Completed application must be filed at least 180 days before start of construction or operation, or before expiration of existing permit.
   
3. Draft permit is prepared by the DEQ regional office and may be reviewed by the Virginia Department of Health and the applicant. Revised drafts may be re-reviewed by all parties.
   
4. Public notice is issued and a hearing conducted if justified.
   
5. The applicant makes appeal of permit denial or permit conditions to the State Water Control Board in a hearing. Judicial review is in accordance with Virginia's Administrative Process Act.

3.2.3 Virginia Water Protection Permit

3.2.3.1 Who Must Apply
Any project that involves discharge of dredge material or fill in a waterway or wetland (Clean Water Act, Section 404), work or construction in a navigable waterway (Rivers and Harbors Act, Section 10), or a water withdrawal will be reviewed by DEQ for issuance of a VWP permit.
3.2.3.2 Authority
Federal Clean Water Act, Section 401
Virginia Code §§ 62.1-44.2 et seq.
Virginia Code § 62.1-44.15:5
Virginia Administrative Code 9 VAC 25-210-10 et seq.
3.2.3.3 Term
Maximum up to 15 years.
3.2.3.4 Fees
Individual permit fees range from $800 to $3,000 depending on the type of permit.
General Permit -- $200.
Waiver -- $400.
3.2.3.5 Typical Requirements of a Permit

1. Avoidance and minimization of impacts to state waters, including wetlands, to the extent practicable.
   
2. Requirement to employ specific construction practices.
   
3. Limitations on disturbances during certain times of the year.

3.2.3.6 Application Process

1. Contact the Virginia Marine Resources Commission to obtain a Joint Permit Application.
   
2. VMRC sends copies of each application to DEQ, the local wetlands board when applicable and the U.S. Army Corps of Engineers, which decide separately whether they need to issue a permit for the proposal. Each agency responds separately to the applicant.
   
3. DEQ may consult with other state and federal agencies, and meets frequently with VMRC and the Corps of Engineers to discuss the applications.
   
4. Federal Section 404 permits cannot be issued without the VWP Permit/401 Certification.

3.2.4 Ground Water Withdrawal Permit

3.2.4.1 Who Must Apply
Any person or entity wishing to withdraw 300,000 or more gallons per month in a ground water
management area. At present, two ground water management areas have been declared: the Eastern Shore Ground Water Management Area includes Accomack and Northampton counties; the Eastern Virginia Ground Water Management Area includes the area east of I-95 and south of the Mattaponi and York rivers.
3.2.4.2 Authority
Virginia Ground Water Management Act of 1992
Virginia Code §§ 62.1-254 et seq.
Virginia Administrative Code 9 VAC 25-610-10 et seq.
3.2.4.3 Term
3.2.4.4 Fees
Individual permit fees range from $400 to $2,000.
3.2.4.5 Typical Requirements of a Permit

1. Demonstration of the need for the amount of water applied for.
   
2. Prediction of the area of impact, which is defined as the area in any aquifer that will experience at least one foot of ground water level declines due to the proposed withdrawal.
   
3. A plan to mitigate impacts to pre-existing users within the area of impact.
   
4. A Water Conservation and Management Plan that requires:
   • The use of water-saving plumbing and processes.
     
   • A water loss reduction program.
     
   • A water use education program.
     
   • Mandatory use reduction during water shortage emergencies.
5. A limit on the annual amount of ground water that may be withdrawn. Permits generally will also contain a monthly limit.
   
6. Potential ground water levels and ground water quality monitoring.

3.2.4.6 Application Process

1. Contact the appropriate DEQ regional office.
   
2. Draft permit prepared by DEQ regional office.
   
3. Public notice is issued and a hearing conducted if justified.
   
4. The applicant makes appeal of permit denial or permit conditions to the State Water Control Board in a hearing. Judicial review is in accordance with Virginia's Administrative Process Act.

3.3 Waste Division

Solid and hazardous wastes in Virginia are regulated by the Virginia Department of Environmental Quality, the Virginia Waste Management Board and the U.S. Environmental Protection Agency. They administer programs created by the federal Resource Conservation and Recovery Act, Comprehensive Environmental Response Compensation and Liability Act, commonly called Superfund, and the Virginia Waste Management Act.
The Virginia Waste Management Act charges the Director of DEQ with issuing permits to applicants for the management of solid and hazardous wastes. DEQ administers regulations established by the Virginia Waste Management Board and reviews permit applications for completeness and conformance with facility standards and financial assurance requirements. All Virginia localities are required, under the Solid Waste Management Planning Regulations, to identify the strategies they will follow on the management of their solid wastes to include items such as facility siting, long-term (20- year) use, and alternative programs such as materials recycling and composting. The Virginia Hazardous Waste Management Regulations, which closely follow federal standards established under RCRA, require permits for transportation, storage, treatment and disposal of hazardous wastes.
The Virginia Regulated Medical Waste Management Regulations set standards for the storage, transportation and treatment of regulated medical waste. Regulated medical waste may be stored, steam sterilized, incinerated or treated by an acceptable alternative mechanism, and then exclusively in a facility permitted under the regulations. In certain cases, transportation of regulated medical waste by medical personnel requires no prior certification to the DEQ, but commercial operators must file a certification that their business meets the requirements, prior to accepting infectious material for transport.
The Virginia Solid Waste Management Regulations set standards for the siting, design, construction, operation, closure and post-closure care of solid waste management facilities. The types of facilities described in the regulations include sanitary landfills, industrial waste landfills, and construction/demolition/debris landfills, transfer stations, composting facilities for other than yard waste, mass burn incinerators, materials recovery facilities, waste storage piles and other facilities of a similar nature. The standards in Virginia for sanitary landfills comply with RCRA Subtitle D.
The Yard Waste Composting Regulations allow composting of leaves, grass, brush and other collected material, but not composting of land-clearing debris. All applicants for solid waste permits must obtain certification of conformity with local ordinances and zoning before an application is considered complete. Private applicants must also furnish financial assurance that their facilities can be closed and cared for properly. Technical guidance for applicants seeking permits is available from DEQ's Waste Division.
The Regulations Governing Management of Coal Combustion By-Products provide for the use, reuse or reclamation of coal combustion by-products and establish appropriate standards for siting, design, construction and operation. The regulations provide reasonable exemptions from the permitting requirements and from certain substantive facility requirements in order to promote the development of resource conservation and resource recovery systems.
Certain categories of facilities regulated under the provisions of the Virginia Waste Management Act may be deemed to have a permit if their owners or operators meet specific regulatory requirements for the particular type of facility. Should that be the case, the permitting process is greatly simplified and permit application fees are not assessed. The owners or operators of the following waste facilities may elect this "permit-by-rule" process or apply for a regular permit in order to have the permit approved by the state in advance of construction or operation:

• Publicly owned wastewater treatment works that accept hazardous wastes for treatment
  
• Solid waste transfer stations
  
• Materials and energy recovery facilities
  
• Yard waste composting facilities.

The Virginia Waste Management Act institutes requirements that are designed to resolve issues concerning the location of hazardous waste management facilities. The act provides a mechanism for state preemption of local land use requirements that could block the siting of a facility, but requires extensive local participation in the siting decision. The applicant is called upon to address and try to resolve all legitimate local concerns before the Virginia Waste Management Board will approve the site. To date, no applicant has sought approval of a site under this act.

3.3.1 HAZARDOUS WASTE MANAGEMENT FACILITY PERMIT

3.3.1.1 Who Must Apply
Any person who engages in the treatment, storage or disposal of hazardous waste (specific exemptions apply). For new facilities, a permit is required prior to construction of facilities. In addition, new facilities are subject to the hazardous waste siting requirements under the Virginia Waste Management Act.
3.3.1.2 Authority
Resource Conservation & Recovery Act, as amended, 42 U.S.C.A. 6901 et seq. Federal Regulations 40 CFR 260-272
Virginia Waste Management Act, Virginia Code §§ 10.1-1400 et seq.
Virginia Administrative Code 9 VAC 20-60-12 et seq.
3.3.1.3 Term
Varies up to 10 years. Mandatory review of land disposal units after 5 years may require modification or revocation for cause. Special terms apply to emergency permits, incinerator trial burns, research and development permits and land treatment demonstration permits.
3.3.1.4 Fees
(Note: All fees are application fees and not refundable.)
Existing facility Part A Application -- no fee
Part B Application:
Base fee for new application -- $9,720
Additional for one or more units requiring ground water protection -- $22,590
Additional for one or more incineration, boiler or furnace unit -- $14,490
Modifications -- fees range from $50 to $25,970 depending on type
Research and development permits – Dependent on process type
Emergency permits -- $1,330
3.3.1.5 Typical Requirements of a Permit
(Note: Underground injection of hazardous waste is not permitted in Virginia.)

1. Permit may be for one or more units comprising less than an entire facility.
   
2. Standards and procedures for proper operation and maintenance; requirements for design and construction, waste analysis, personnel training and emergency response; performance criteria; closure and post-closure care; and financial responsibility.
   
3. Monitoring, recording of performance, inspections by and reporting to DEQ as required.

3.3.1.6 Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. Part A and Part B applications must be submitted for all facilities. Operator must submit a complete application; owner (including landowner), if different, must also sign. Three copies must be provided.
   
3. Submit appropriate permit application fee and, if applicable, financial assurance documents.
   
4. DEQ notifies public of the availability of the draft permit and allows at least 45 days for comment. Public hearing will be held in the population center nearest the proposed site.
   
5. DEQ formally responds to all comments received.

3.3.2 Hazardous Waste Emergence Permit

3.3.2.1 Who Must Apply
Any owner or operator who proposes to treat, store or dispose of hazardous waste at a non-permitted facility or at a facility whose permit does not cover such hazardous waste or hazardous waste management activities as a result of an emergency situation in which there is an imminent and substantial threat to human health or the environment.
3.3.2.2 Authority
Resource Conservation & Recovery Act, as amended, 42 U.S.C.A. 6901 et seq.
Federal Regulations 40 CFR 260-272
Virginia Waste Management Act, Virginia Code §§ 10.1-1400 et seq.
Virginia Administrative Code 9 VAC 20-60-1050
3.3.2.3 Term
Up to 90 days.
3.3.2.4 Fees
$1,330 (The permittee may petition the DEQ director for the fee to be lowered.)
3.3.2.5 Typical Requirements of a Permit
The permit must specify the hazardous wastes to be received and the manner and location of their storage, treatment or disposal as well as, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of the regulations (9 VAC 20-60-12 et seq.).
3.3.2.6 Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. The permit may be oral or written. If an oral permit is issued, it must be followed within 5 days by a written permit. Application information shall be provided to DEQ within 2 days of oral permit issuance.
   
3. Additional information may be requested to process the written permit. This would include the name, location and EPA identification number of the facility, the contact person, a description of the wastes involved, the reason for the emergency situation, the type of storage, treatment or disposal that is to occur and procedures involved, an evacuation plan if necessary and the local officials to be contacted.
   
4. Public notice occurs after permit issuance.

3.3.3 Hazardous Waste Transporter Permit

3.3.3.1 Who Must Apply
Any person or commercial business who intends to transport hazardous waste shipments that originate or terminate in Virginia.
3.3.3.2 Authority
Virginia Waste Management Act, Virginia Code § 10.1-1426
Federal Regulations 40 CFR 263
Virginia Administrative Code 9 VAC 20-60-263 and 9 VAC 20-60-420 through 9 VAC 20-60-500.
3.3.3.3 Term
The term of the permit is 10 years from the effective date.
3.3.3.4 Fees
In-state company -- $80
Out-of-state company -- $120
3.3.3.5 Typical Requirements of a Permit

1. Compliance with all federal and state hazardous waste management and hazardous materials transportation regulations, to include placarding of transportation vehicles, and manifest accounting procedure that are designed to track the waste from the generator to the transporter to final disposal.
   
2. Submit appropriate permit application fee and, if applicable, financial assurance documents.
   
3. Preparedness of drivers and handlers to respond correctly to a spill incident, and proper warnings, cleanup and reporting should a spill occur.
   
4. The application requires personal certification that the applicant has the ability to provide hazardous waste transport services consistent with Virginia hazardous waste management regulations.
   
5. EPA identification number assigned to the business.

3.3.3.6 Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.

3.3.4 Regulated Medical Waste Management Facility Permit and Transport Registry

3.3.4.1 Who Must Apply
Any person who will operate a facility to store, treat, transfer or dispose of regulated medical waste must apply. This includes the operators of transfer stations, steam sterilizers, incinerators and storage of more than 64 gallons. Transporters must register and receive a number but do not need a permit.
3.3.4.2 Authority
Virginia Waste Management Act
Virginia Code §§ 10.1-1400 et seq.
Virginia Administrative Code 9 VAC 20-120-10 et seq.
3.3.4.3 Term
10 years
3.3.4.4 Fees
Incinerator facility -- $4,500
Treatment facility and transfer station -- $3,300
Permit-by-rule -- No fee
3.3.4.5 Typical Requirements of a Permit

1. Conformance to appropriate design and operation standards for the type of facility.
   
2. Maintain logs and other records of operating data and test results.
   
3. Prepare and maintain emergency plans and train employees to provide routine operation under emergency conditions.

3.3.4.6 Application Process
For Permit-by-Rule:
On- or off-site facilities may be able to qualify for a permit-by-rule. Conformance and certification of design, siting and operating standards are required, but application and approval procedures are waived. Permits-by-rule become effective when DEQ acknowledges receipt of the required information. In addition, certain off-site facilities may choose to apply for a full permit instead of a permit-by-rule.
For Full Permit:

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. Submit proof of local government certification of site acceptability with local ordinances.
   
3. File engineering plans and specifications; physical data; operation, emergency and training plans; siting maps; proof of financial assurance; key personnel disclosure statements; and similar data.
   
4. Submit appropriate permit application fee and, if applicable, financial assurance documents.
   
5. If tentatively approved by DEQ, a draft permit is announced in local newspaper along with the notice for a public hearing.
   
6. DEQ amends draft permit as appropriate, responds to public comment and issues the final permit.

3.3.5 Solid Waste Transfer Station Permit

3.3.5.1 Who Must Apply
Any owner or operator of facilities for temporary storage or collection of waste prior to transportation to incineration, resource recovery or disposal sites.
3.3.5.2 Authority
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-80-480 through 9 VAC 20-80-620
3.3.5.3 Term
Indefinite
3.3.5.4 Fees
Permit-by-rule -- no fee
Full permit -- $3,300
3.3.5.5 Typical Requirements of a Permit

1. Public and private facilities must conform to siting, design and operation requirements in the regulations.
   
2. Privately owned or operated facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities (9 VAC 20-70-10 et seq.).

3.3.5.6 Application Process
For Permit-by-Rule:

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. Notify the Director of intent to operate such a facility and provide documentation required by 9 VAC 20-80-500.
   
3. Provide certification that facility meets siting standards of 9 VAC 20-80-340.
   
4. Provide certification from a Professional Engineer that facility has been designed and constructed in accordance with standards of 9 VAC 20-80-340.
   
5. Submit operational plan and closure detailing how the standards of 9 VAC 20-80-340 will be met.
   
6. If required, submit proof of financial responsibility in accordance with 9 VAC 20-70-10 et seq.
   
7. Submit to the Director results of the public participation effort conducted in accordance with the requirements of 9 VAC 20-80-480.

For Full Permit:
Applicant may choose to apply for and receive a full permit. In this case, the appropriate notices, permit applications and fees shall be submitted.

3.3.6 Solid Waste Landfill Permit

3.3.6.1 Who Must Apply
Any owner or operator of a sanitary landfill; construction, demolition and debris landfill; or an industrial landfill, public or private.
3.3.6.2 Authority
Subtitle D, RCRA
40 CFR Part 258 (for sanitary landfills)
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-80-480 through 9 VAC 20-80-620
3.3.6.3 Term
Indefinite
3.3.6.4 Fees
Part A application -- $3,200
Part B application -- $14,300
3.3.6.5 Typical Requirements of a Permit

1. Public and private facilities must conform to siting, design, operation, ground water monitoring, closure and post-closure requirements in the regulations.
   
2. Privately owned or operated facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities (9 VAC 20-70-10 et seq.).

3.3.6.6 Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. Submit to DEQ the notice of intent to apply for a permit, accompanied by a certification from the local governing body that the proposed facility complies with all local ordinances. Also, must include a disclosure statement containing compliance histories of key personnel.
   
3. Submit a siting study and a hydrologic study as required by the regulations. This is known as Part A of the application.
   
4. Upon receipt of approval or conditional approval of Part A, submit the design, operational, ground water monitoring, closure and post-closure plans, which constitute Part B of the application.
   
5. Submit appropriate permit application fee and, if applicable, financial assurance documents.

3.3.7 Solid Waste Incinerator and Energy Recovery Facility Permit

3.3.7.1 Who Must Apply
Any owner or operator of incinerators and energy recovery facilities managing non-hazardous waste.
3.3.7.2 Authority
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-80-480 through 9 VAC 20-80-620
3.3.7.3 Term
Indefinite
3.3.7.4 Fees
Permit-by-rule -- no fee
Full permit -- $4,500
3.3.7.5 Typical Requirements of a Permit

1. Public and private facilities must conform to siting, design and operation requirements in 9 VAC 20-80-320 through 9 VAC 20-80-470.
   
2. Privately owned or operated facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities (9 VAC 20-70-10 et seq.).

3.3.7.6 Application Process
For Permit-by-Rule:

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. Notify the Director of intent to operate such a facility and provide documentation required per 9 VAC 20-80-500.
   
3. Provide certification that facility meets siting standards of 9 VAC 20-80-340.
   
4. Provide certification from a Professional Engineer that facility has been designed and constructed in accordance with standards of 9 VAC 20-80-340.
   
5. Submit operational plan and closure detailing how the standards of 9 VAC 20-80-340 and 9 VAC 20-80-370, respectively, will be met.
   
6. If required, submit proof of financial responsibility in accordance with 9 VAC 20-70-10 et seq.
   
7. Submit to the Director a copy of the facility permit issued by DEQ - Air Division.

For Full Permit:
Applicant may choose to apply for and receive a full permit. In this case, the appropriate notices, permit applications and fees shall be submitted.

3.3.8 Materials Recovery from Solid Waste Facility Permit

3.3.8.1 Who Must Apply
Any owner or operator of facilities for the collection, processing and recovery of materials from non-hazardous solid waste.
3.3.8.2 Authority
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-80-480 through 9 VAC 20-80-620
3.3.8.3 Term
Indefinite

3.3.8.4 Fees
Permit-by-Rule -- no fee
Full permit -- $3,300
3.3.8.5 Typical Requirements of a Permit

1. Public and private facilities must conform to siting, design and operation requirements in 9 VAC 20-80-320 through 9 VAC 20-80-470.
   
2. Privately owned or operated facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities (9 VAC 20-70-10 et seq.).

3.3.8.6 Application Process
For Permit-by-Rule:

1. Contact DEQ headquarters (Richmond) - Waste Division.
   
2. Notify the Director of intent to operate such a facility and provide documentation required per 9 VAC 20-80-500.
   
3. Provide certification that facility meets siting standards of 9 VAC 20-80-360.
   
4. Provide certification from a Professional Engineer that facility has been designed and constructed in accordance with standards of 9 VAC 20-80-360.
   
5. Submit operational plan and closure detailing how the standards of 9 VAC 20-80-360 will be met.
   
6. If required, submit proof of financial responsibility in accordance with 9 VAC 20-70-10 et seq.
   
7. Submit to the Director results of the public participation effort conducted in accordance with the requirements of 9 VAC 20-80-480.
   
8. In case of soil reclamation facilities, submit to Director a copy of the facility permit issued by the DEQ Air Division and a description of how the requirements of 9 VAC 20-80-700 will be met.

For Full Permit:
Applicant may choose to apply for and receive a full permit. In this case, the appropriate notices, permit applications and fees shall be submitted.

3.3.9 Solid Waste Compost Facility Permit

3.3.9.1 Who Must Apply
Any owner or operator of facilities that produce compost from solid non-yard waste.

3.3.9.2 Authority
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-80-480 through 9 VAC 20-80-620
3.3.9.3 Term
Indefinite
3.3.9.4 Fees
Part A application -- $1,600
Part B application -- $8,100
3.3.9.5 Typical Requirements of a Permit

1. Public and private facilities must conform to siting, design and operation requirements in the regulations.
   
2. Privately owned or operated facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities (9 VAC 20-70-10 et seq.).

3.3.9.6 Application Process

1. Contact DEQ headquarters (Richmond) - Waste Division.
   
2. Submit to DEQ the notice of intent to apply for a permit, accompanied by a certification from the local governing body that the proposed facility complies with all local ordinances. Also, must include a disclosure statement containing compliance histories of key personnel.
   
3. Submit a siting study and a hydrologic study as required by the regulations. This is known as Part A of the application.
   
4. Upon receipt of approval or conditional approval of Part A, submit the design, operational and closure plans, which constitute Part B of the application.
   
5. Submit appropriate permit application fee and, if applicable, financial assurance documents.

3.3.10 Solid Waste Experimental Facility Permit

3.3.10.1 Who Must Apply
Any owner or operator of a solid waste treatment facility who proposes to use innovative or experimental treatment technologies or processes for which permit standards have not been promulgated.
3.3.10.2 Authority
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-80-480 through 9 VAC 20-80-620
3.3.10.3 Term
One year; may be renewed not more than three times, each for a period of not more than one calendar year.
3.3.10.4 Fees
$1,600
3.3.10.5 Typical Requirements of a Permit

1. Public and private facilities must conform to siting, design, operation, monitoring, closure, remedial action, testing and reporting requirements as appropriate for the type of facility.
   
2. Privately owned or operated facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities (9 VAC 20-70-10 et seq.).

3.3.10.6 Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. Certain permit application and permit issuance requirements may be waived except for the certification from the local governing body that the proposed facility complies with all local ordinances, disclosure statement requirements, financial responsibility and procedures regarding public participation.

3.3.11 Solid Waste Emergency Permit

3.3.11.1 Who Must Apply
Any owner or operator who proposes to treat, store or dispose of solid waste at a non-permitted facility whose permit does not cover such solid waste or solid waste management activities as a result of an emergency situation in which there is an imminent and substantial threat to human health or the environment.
3.3.11.2 Authority
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-80-480 through 9 VAC 20-80-620
3.3.11.3 Term
Up to 90 days
3.3.11.4 Fees
No fee
3.3.11.5 Typical Requirements of a Permit
The permit must specify the solid wastes to be received and the manner and location of their storage, treatment or disposal as well as, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of the regulations (9 VAC 20-80-10 et seq.).
3.3.11.6 Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. The permit may be oral or written. If an oral permit is issued, it must be followed within 5 days by a written permit.
   
3. Additional information may be requested to process the written permit. This would include the name and location of the facility, contact person, a description of the wastes involved, the reason for the emergency situation, the type of storage, treatment or disposal that is to occur and procedures involved, and the local officials to be contacted, if applicable.
   
4. Public notice occurs after permit issuance.

3.3.12 Yard Waste Composting Facility Permit-by-Rule

3.3.12.1 Who Must Apply
Any owner or operator of a yard waste composting facility must certify to DEQ that it is constructed and operated in accordance with the Yard Waste Composting Facility Regulations (9 VAC 20-100-10 et seq.).
3.3.12.2 Authority
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-100-10 et seq.
3.3.12.3 Term
Indefinite
3.3.12.4 Fees
No fee
3.3.12.5 Typical Requirements of a Permit

1. Compliance with siting, design and operational requirements of 9 VAC 20 100-10 et seq.
   
2. Privately owned or operated facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities Regulation (9 VAC 20-70-10 et seq.).

3.3.12.6 Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. Demonstrate legal control over site (option to purchase will be considered).
   
3. Notify DEQ of intent to operate a yard waste composting facility and submit certification from local governing body that the proposed facility is consistent with all local ordinances; and disclosure statements containing compliance histories of key personnel.
   
4. Submit a certification that the facility meets siting standards and a certification signed by a Professional Engineer licensed to practice in the Commonwealth that the facility has been designed and constructed in accordance with applicable standards for yard waste composting facilities.
   
5. Submit an operational plan and a closure plan meeting the applicable standards for yard waste composting facilities, and, if required, submit necessary proof of financial responsibility.

3.3.13 Coal Combustion By-product Site Notification

3.3.13.1 Who Must Notify
Any owner or operator who proposes to use, reuse or reclaim coal combustion by-products by applying or placing them on the land in a manner other than addressed in 9 VAC 20-80-150 or 9 VAC 20-80-160 of the Virginia Solid Waste Management Regulations. Coal mining facilities that are
otherwise exempt under 9 VAC 20-80-160 or who have been issued a permit by the Virginia Department of Mines, Minerals and Energy that incorporates the applicable conditions in 9 VAC 20- 85-10 et seq. are not subject to these requirements.
3.3.13.2 Authority
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-85-150 through 9 VAC 20-85-160
3.3.13.3 Term
Indefinite
3.3.13.4 Fees
No fee
3.3.13.5 Typical Requirements of a Permit
Compliance with location standards, design, construction, operation and closure requirements of 9 VAC 20-85-10 et seq.
3.3.13.6 Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.
   
2. Provide the information/certifications listed below 30 days prior to initial placement of coal combustion by-products:
   • Certification of legal control over site.
     
   • Certification from the local government body that the site location and operation are consistent with all local ordinances (not applicable to sites permitted by the Department of Mines, Minerals and Energy).
     
   • A general description of the intended use, reuse or reclamation of coal combustion byproducts as well as certification that the site meets the locational restrictions and design standards of 9 VAC 20-85-70 and 9 VAC 20-85-80.
     
   • An operations plan and a closure plan.
     
   • A signed statement that allows authorized representatives of the Commonwealth access to areas in which covered activities will be, are being or have been conducted to ensure compliance.

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