Since 1998, solid waste facilities have been required to report to the Department the amount of waste they managed at their facility during the previous calendar year. This reporting requirement is known as the Solid Waste Information and Assessment (SWIA) Program. Since 2002, disposal facilities have been required to report their available capacity and the expected life of the facility. The Department prepares a report
summarizing the amount of solid waste received and managed in the Commonwealth based on the data submitted by the facilities.
Per 9 VAC 20-90, Solid Waste Management Facility Permit Action Fees and Annual Fees Regulation, all solid waste facilities active or in post-closure care are subject to annual fees. Please complete the billing contact information on DEQ Form 50-25 (SWIA Form) even if the information has not changed. Questions? If you experience problems, please contact Land's Data Support Staff or your Regional Office staff member from the list below:
1. What is the statutory authority for this program?
Section 10.1-1413.1 of the Code of Virginia requires the Department to prepare a report by June 30 of each year describing the amount of solid waste, by weight or volume, disposed of in the Commonwealth during the preceding calendar year. The report identifies solid waste by the following categories: (i) municipal solid waste, (ii) construction and demolition debris, (iii) incinerator ash (iv) sludge other than sludge that is land applied in accordance with § 32.1-164.5; and (v) tires. For each category, the Department's report must include an estimate of the amount that was generated outside of the Commonwealth and the jurisdiction (i.e. state, territory, or country) where such waste originated. The report also estimates the amount of solid waste managed or disposed of by each of the following methods: (i) recycling, (ii) composting; (iii) landfilling; and (iv) incineration.
2. What is the regulatory authority for this program?
9 VAC 20-80-115 requires owners or operators of all permitted facilities that treat, store, or dispose of solid waste to report by March 31 of each year the amount of solid waste, by weight or volume, received and managed in the Commonwealth during the preceding calendar year.
3. Who is required to report?
All permitted facilities that treat, store, or dispose of solid waste are required to report. This includes Solid Waste Permits (SWP), Permit-By-Rule facilities (PBR), and Emergency facilities, (EMG). Facilities that have not received or managed any solid waste during the reporting period (such as closed facilities) are not required to report.
Captive waste management facilities are not required to report. Captive facilities are located on property owned or controlled by the generator of the waste.and only manage waste generated by the facility.
4. What type of information must be reported?
Facilities must report the amounts of the following categories of waste they managed (waste types are rows 13 -24 on DEQ Form 50-25).
Facilities must also report how they managed the total waste received (columns above rows 13 – 24).
5. How do I report information?
Information must be submitted to the Department on Form DEQ 50-25 (either electronically or hard copy). Links to on-line reporting, forms and instructions are provided in links above (just below Regional Office contacts). A separate form must be completed for each individual jurisdiction (i.e. state, territory, or country) from which waste was received.
6. How can I obtain a copy of DEQ form 50-25?
Copies of Form DEQ 50-25 are available from the Department's website or from the Department's Regional Offices.
7. How do I call if I have questions on completing the form?
Contact your DEQ Regional Office SWIA representatives listed above.
8. How do I submit my Form DEQ 50-25?
Facilities submit Form DEQ 50-25 (hard copy only) to their DEQ regional office. The postal address for each regional office is available through the DEQ Office Locations page. Each form will be date stamped received by the regional office and reviewed for completeness and accuracy. The DEQ regional office will contact you concerning any omissions or incomplete/conflicting information provided on your form(s).
9. When must Form DEQ 50-25 be submitted to DEQ?
By regulation, facilities must submit Form DEQ 50-25 by March 31 of each year. When the due date for reporting falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day. Your reporting form is filed on time if the form is electronically submitted by that date or if the envelope is addressed correctly and postmarked by the due date.
10. Am I required to submit more than one reporting form?
Possibly. If your facility received waste from multiple jurisdictions, multiple reporting forms will need to be completed. A separate form must be completed for each individual jurisdiction (i.e. state, territory, or country) from which waste was received.
11. How do I report materials being used as alternate daily cover, soil amendments, or road constructions, etc.?
Material received at the facility solely for the purpose of use as a daily cover will not be considered a waste and not reported on the SWIA form. If a material was brought to the facility exclusively for the purpose of being used as a soil amendment for the cap, clean fill, constructing a road bed, alternate daily cover, etc., then it should not be part of SWIA (waste received or managed.) Tire chips, mulch and other items that are used as alternate daily cover are not reported on this form.
If a materials is received by a facility as a waste, it should be reported as waste received. THe quantity of materials removed from the waste stream and used as recycled material on-site should be reported as recycled on-site.
12. My facility produces compost and it is stored on-site. Should it be reported as stored on-site?
Vegetative wastes/yard wastes may be composted to produce a product that is not managed as a waste. Stabilized compost temporarily stored on-site does not need to be reported.
13. What is the difference between incineration and open burning?
“Incineration” is the controlled combustion of solid waste for disposal. "Open burning" is the combustion of solid waste without control of combustion, containment in an enclosed device, and control of emissions. See 9VAC20-80 for greater detail. Waste that is open burned should be recorded in the “Other (Other Than Mulched)” column.
14. What type of information should be entered in General Comments?
Use the general comment field to describe “Other Wastes” on line 23. Also use this field to describe reasons for significant increases or decreases in waste amounts received; factors affecting changes in remaining capacity and expected life; conditions or events that occurred that impact waste amounts; clarification of reporting waste in tons or cubic yards; or any information that is necessary to clarify information in the report.
15. Do emergency permitted facilities have to report?
Yes, emergency sites that were issued emergency permits and received waste are subject to the reporting requirements. These facilities are required to report the amount of solid waste received or managed during each reporting period. If emergency permitted facilities received or managed solid waste during multiple reporting periods (e.g., calendar years), the facility is required to submit a DEQ Form 50-25 for each reporting period in which solid waste was received or managed.
16. What about information on the facility's economic benefit? May that be reported?
At the option of the facility owner or operator, the facility may include information on the facility's economic benefits to the locality where the facility is located. This information may include: the value of disposal and recycling facilities provided to the locality at no cost or at reduced cost; direct employment associated with the facility; or other economic benefits during the preceding calendar year. This information should be submitted as an attachment to Form DEQ 50-25.
17. What are the consequences of reporting late or failing to report?
This reporting requirement applies to all permitted facilities except as noted. All statutory and regulatory violations are subject to enforcement action. Enforcement action, in this case, will include an appropriate enforcement action that may include a civil charge and recovery of economic benefit.
18. What does the Department do with this information?
DEQ regional offices review Form DEQ 50-25 for any omissions, inaccurate, and/or conflicting data and may request a resubmittal if errors are reported. Once deemed completed, the DEQ regional offices forward Form DEQ 50-25 to the Department's central office for compilation, and for use in drafting the annual "Solid Waste Managed In Virginia" report.
19. When will the annual report be available?
Statute requires the Department to prepare and release the annual report by June 30. Annual reports are normally released and posted on the Department's website during the month of June.