2006 Code of Virginia § 10.1-1408.3 - Caps on levels of disposal

10.1-1408.3. Caps on levels of disposal.

A. The amount of municipal solid waste received at any landfill authorized toaccept such waste shall not exceed an average of 2,000 tons per day, or thedocumented average actual amount of municipal solid waste received by suchlandfill on a daily basis during 1998, as reported to the Department ofEnvironmental Quality pursuant to 10.1-1413.1, whichever is greater, unlessthe landfill has received approval from the Board pursuant to subsection Bfor a larger tonnage allotment. The "average actual amount" shall becalculated 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 andleachate collection systems and transferred to a landfill with adequate linerand leachate collection systems shall not be included in the calculation ofthe allowable average daily tonnage pursuant to this section. However, theremoval and transfer shall be conducted pursuant to an arrangement enteredinto prior to January 1, 1999, to which the locality where the waste will beredeposited is a party. For purposes of determining compliance with thissection, daily averages shall be calculated based on disposal over aseven-day period.

B. In considering requests for increased tonnage allotments, the Board shallconsider those factors set forth in subsection D of 10.1-1408.1 and otherfactors it deems appropriate to protect the health, safety and welfare of thepeople of Virginia and Virginia's environmental and natural resources. Norequest for an increased tonnage allotment shall be approved by the Boarduntil a public hearing on the proposed increase has been held in the localitywhere the landfill requesting the increase is located.

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

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

(1999, cc. 580, 611.)