Who Must Apply
Any owner or operator of incinerators, energy recovery, and thermal treatment facilities managing non-hazardous waste.
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-81-400 through 9 VAC 20-81-600
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.E., operation requirements of 9 VAC 20-81-340.E., 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 31st 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 1st of each year in accordance with 9 VAC 20-90-115 and Table 4.1 of 9 VAC 20-90-130.
4. Facilities must comply with the Financial Assurance Regulations for Solid Waste Facilities (9 VAC 20-70-10 et seq.).
For Permit by Rule
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.E.
4. Provide certification that the facility has an operations manual that meets the standards of 9 VAC 20-81-340.E. 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.E.
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. For facilities engaged in reclamation of petroleum-contaminated materials only, provide proof that the facility has a permit issued in accordance with the regulations promulgated by the State Air Pollution Control Board; and in the case of thermal treatment facilities, a description of how the requirements of 9VAC20-81-660 will be met.
12. Submit applicable permit fees under the provisions of 9 VAC 20-90-10 et seq.
For Full Permit
Applicant may be required to apply for and receive a full permit. In this case, the appropriate notices, permit applications and fees shall be submitted in accordance with the provisions of 9 VAC 20-81-450, 460, and 480.