Who Must Apply

Any owner or operator of facilities that produce compost from municipal solid waste/refuse or combinations of municipal solid waste/refuse with animal manures, except those facilities specifically excempt under 9 VAC 20-81-95. Facilities proposing to compost wastewater treatment sludge shall obtain a permit from the Virginia Pollution Abatement Permit Program.

Authority

Virginia Code § 10.1-1408.1

Virginia Administrative Code 9 VAC 20-81-400 through 9 VAC 20-81-600

Term

Indefinite

Fees

Permit fees for all solid waste facilities are specified in 9 VAC 20-90-10 et seq.

Typical Requirements of a Permit

1.  Facilities must conform to the siting requirements of 9 VAC 20-81-320, design and construction requirements of 9 VAC 20-81-330.A., operation requirements of 9 VAC 20-81-340.A., recordkeeping requirements of 9 VAC 20-81-350, and closure requirements of 9 VAC 20-81-360.
2. Submission of the Solid Waste Information and Assessment (SWIA) 50-25 Form in accordance with 9 VAC 20-81-80 by March 31^st of each year. This form can be completed online. 
3. The facility is responsible for paying an annual fee to the Department of Environmental Quality by October 1^st of each year in accordance with 9 VAC 20-90-115 and Table 4.1 of 9 VAC 20-90-130.
4. Privately owned or operated facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities (9 VAC 20-70-10 et seq.).

Application Process

1. Contact DEQ Regional Office - Land Protection Program Manager.
2. Notify the Director of intent to operate such a facility and provide documentation required by 9 VAC 20-81-450.B.
3. Provide certification that facility meets siting standards of 9 VAC 20-81-320.A.
4. Provide certification that the facility has an operations manual that meets the standards of 9 VAC 20-81-340.A. The operations manual is to be maintained in the facility’s operating record in accordance with 9 VAC 20-81-485.
5. Provide certification from a Professional Engineer that facility has been designed and constructed in accordance with standards of 9 VAC 20-81-330.A.
6. Provide certification from a Professional Engineer that facility has a closure plan that meets the requirements of 9 VAC 20-81-360.  The closure plan is to be maintained in the facility’s operating record.
7. Provide documentation demonstrating the applicant has legal control over the site.
8. Provide certification from the State Corporation Commission that the owner and operator is a valid business entity and in good standing.  This is not required for units solely owned by governmental units.
9. Provide a closure cost estimate and proof of financial responsibility in accordance with 9 VAC 20-70-10 et seq.
10. Submit results of the public participation effort conducted in accordance with the requirements of 9 VAC 20-81-410.A.3.
11. Provide a description of the type of facility and the classification of materials that will be composted as classified under 9 VAC 20-81-310.A.4.
12. Submit applicable permit fees under the provisions of 9 VAC 20-90-10 et seq