US Laws, Codes, Statutes & Cases

§ 10.1-1408.3. Caps on levels of disposal.

A. The amount of municipal solid waste received at any landfill authorized to accept such waste shall not exceed an average of 2,000 tons per day, or the documented average actual amount of municipal solid waste received by such landfill on a daily basis during 1998, as reported to the Department of Environmental Quality pursuant to § 10.1-1413.1, whichever is greater, unless the landfill has received approval from the Board pursuant to subsection B for a larger tonnage allotment. The "average actual amount" shall be calculated by dividing the documented 1998 volume reported pursuant to § 10.1-1413.1 by the number of days the landfill received solid waste in 1998. Municipal solid waste removed from a landfill without adequate liner and leachate collection systems and transferred to a landfill with adequate liner and leachate collection systems shall not be included in the calculation of the allowable average daily tonnage pursuant to this section. However, the removal and transfer shall be conducted pursuant to an arrangement entered into prior to January 1, 1999, to which the locality where the waste will be redeposited is a party. For purposes of determining compliance with this section, daily averages shall be calculated based on disposal over a seven-day period.

B. In considering requests for increased tonnage allotments, the Board shall consider those factors set forth in subsection D of § 10.1-1408.1 and other factors it deems appropriate to protect the health, safety and welfare of the people of Virginia and Virginia's environmental and natural resources. No request for an increased tonnage allotment shall be approved by the Board until a public hearing on the proposed increase has been held in the locality where the landfill requesting the increase is located.

C. For any landfill in operation for less than two consecutive years as of December 31, 1998, the documented average actual amount of municipal solid waste received at the landfill on a daily basis shall be based on any consecutive ninety-day period during 1998 but shall not exceed 2,400 tons per day.

D. The provisions of this section shall not be construed as allowing activities related to waste disposal that exceed those that may be found in state or local permits, regulations, ordinances, agreements, contracts or other instruments related to particular facilities or localities.

(1999, cc. 580, 611.)