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.
Resource Conservation and Recovery Act, as amended, 42 U.S.C. 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 et seq.
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.
(Note: All fees are application fees and not refundable.)
Existing facility Part A Application -- no fee
Part B Application:
Base fee for new application -- $16,900
Additional for one or more units requiring ground water protection -- $39,280
Additional for one or more incineration, boiler or furnace unit -- $25,200
Modifications -- fees range from $0 to $45,160 depending on type
Research and development permits - Dependent on process type
Emergency permits -- $2,310
Typical Requirements of a Permit
(Note: Underground injection of hazardous waste is not permitted in Virginia.)
- Permit may be for one or more units comprising less than an entire facility.
- 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.
- Monitoring, recording of performance, inspections by and reporting to DEQ as required.
- Contact DEQ Central Office (Richmond) - Division of Land Protection and Revitalization.
- 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.
- Submit appropriate permit application fee and, if applicable, financial assurance documents.
- 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.
- DEQ formally responds to all comments received.
Renewal and Pemit Modification Application Process
- When applying for permit renewals and modifications, please be aware that you can submit only the changes you wish to make to your permit. Therefore, instead of preparing and submitting a Part B permit application, you may use your existing permit and, with a red line and strike out format, identify only the changes being proposed to the existing permit. Any necessary supporting documentation for the requested changes should also be included. Requesting applications in this format would save time and resources for you, the agency, and the public.
- For renewals, along with a red line/strike out copy of the permit, you must also complete and submit the following:
a.The RCRA Hazardous Waste Part A Permit Application (EPA Form 8700-23). The Part A application form can be found at http://www.epa.gov/wastes/inforesources/data/form8700/8700-23.pdf . This 9-page form provides required information about a facility and the processes to be used for treatment, storage, and disposal of hazardous wastes, the design capacity of such processes, and the specific hazardous wastes to be handled at a facility;
b. The certification required by 40 CFR 270.11; and
c. The appropriate permit application fee.