Solid waste regulation - Current practices and authority

Virginia has developed its solid waste management program over the past quarter century to regulate the process by which facilities dispose of solid waste and monitor its decomposition. As technology has advanced, the requirements placed on facilities have been modified. Below is a summary of some of the current regulatory and enforcement practices in Virginia for solid waste management. The Waste Regulations are available on the DEQ website.

1. Virginia Waste Management Board:

   1. supervise and control waste management activities of the Commonwealth;

   2. promulgate regulations;

   3. collect permit fees, and annual fees;

   4. issue orders and regulations to meet "emergency" to protect public health and natural resources and environment;

   5. clean up sites and seek reimbursement of costs; and

   6. collect, manage and disburse funds collected as a result of violations of laws and regulations that govern responding to incidents and cleanups.

2. Department of Environmental Quality (DEQ):

   1. permit and fees required for solid waste management facilities;

   2. various disclosures must be made by applicant;

   3. financial assurance regulations;

   4. ground water monitoring;

   5. certification of facility operators;

   6. upon "consent" of owner or custodian, inspect facility;

   7. if inspection entry refused, seek inspection warrant from circuit court;

   8. revocation and amendment of permits for various violations;

   9. Class 4 felony to abandon solid waste management facility; and

   10. regulate water transport of non-hazardous waste and assess fees to cover administrative and enforcement costs.

3. Enforcement:

   1. civil penalty of $32,500 by circuit court;

   2. willful non-compliance and refusal to comply with regulations - Class I misdemeanor (1-5 years and up to $32.5K fine);

   3. with consent of violator, can impose civil charge in lieu of civil penalty;

   4. Board can issue an order to require the facility to come into compliance with the law after 30 day notice and a hearing; and

   5. statute of limitations runs 3 years from "discovery" of offense (not its commission).