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Hazardous Waste Emergency Permit

Who Must Apply

Any owner or operator who proposes to treat, store or dispose of hazardous waste at a non-permitted facility or at a facility whose permit does not cover such hazardous waste or hazardous waste management activities as a result of an emergency situation in which there is an imminent and substantial threat to human health or the environment.


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 20-60-270.61 (40CFR 270.61)


Up to 90 days.


$2,310 (The permittee may petition the DEQ director for the fee to be lowered.)

Typical Requirements of a Permit

The permit must specify the hazardous wastes to be received and the manner and location of their storage, treatment or disposal as well as, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of the regulations (9 VAC 20-60-12 et seq.).

Application Process

  1. Contact DEQ Central Office (Richmond) -  Division of Land Protection and Revitalization.
  2. The permit may be oral or written. If an oral permit is issued, it must be followed within 5 days by a written permit. Application information shall be provided to DEQ within 2 days of oral permit issuance.
  3. Additional information may be requested to process the written permit. This would include the name, location and EPA identification number of the facility, the contact person, a description of the wastes involved, the reason for the emergency situation, the type of storage, treatment or disposal that is to occur and procedures involved, an evacuation plan if necessary and the local officials to be contacted.
  4. Public notice occurs after permit issuance.

For further Guidance on Emergency Permits see the guidance documents under "Emergency Permits Guidance."

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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000

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