2006 Code of Virginia § 10.1-1409 - Revocation or amendment of permits

10.1-1409. Revocation or amendment of permits.

A. Any permit issued by the Director pursuant to this article may be revoked,amended or suspended on any of the following grounds or on such other groundsas may be provided by the regulations of the Board:

1. The permit holder has violated any regulation or order of the Board, anycondition of a permit, any provision of this chapter, or any order of acourt, where such violation results in a release of harmful substances intothe environment or poses a threat of release of harmful substances into theenvironment or presents a hazard to human health, or the violation isrepresentative of a pattern of serious or repeated violations which, in theopinion of the Director, demonstrate the permittee's disregard for orinability to comply with applicable laws, regulations or requirements;

2. The sanitary landfill or other facility used for disposal, storage ortreatment of solid waste is maintained or operated in such a manner as topose a substantial present or potential hazard to human health or theenvironment;

3. The sanitary landfill, or other facility used for the disposal, storage ortreatment of solid waste, because of its location, construction or lack ofprotective construction or measures to prevent pollution, poses a substantialpresent or potential hazard to human health or the environment;

4. Leachate or residues from the sanitary landfill or other facility used forthe disposal, storage or treatment of solid waste pose a substantial threatof contamination or pollution of the air, surface waters or ground water;

5. The person to whom the permit was issued abandons or ceases to operate thefacility, or sells, leases or transfers the facility without properlytransferring the permit in accordance with the regulations of the Board;

6. As a result of changes in key personnel, the Director finds that therequirements necessary for issuance of a permit are no longer satisfied;

7. The applicant has knowingly or willfully misrepresented or failed todisclose a material fact in applying for a permit or in his disclosurestatement, or in any other report or certification required under this law orunder the regulations of the Board, or has knowingly or willfully failed tonotify the Director of any material change to the information in itsdisclosure statement; or

8. Any key personnel has been convicted of any of the following crimespunishable as felonies under the laws of the Commonwealth or the equivalentthereof under the laws of any other jurisdiction: murder; kidnapping;gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theftand related crimes; forgery and fraudulent practices; fraud in the offering,sale, or purchase of securities; alteration of motor vehicle identificationnumbers; unlawful manufacture, purchase, use or transfer of firearms;unlawful possession or use of destructive devices or explosives; violation ofthe Drug Control Act, Chapter 34 ( 54.1-3400 et seq.) of Title 54.1;racketeering; violation of antitrust laws; or has been adjudged by anadministrative agency or a court of competent jurisdiction to have violatedthe environmental protection laws of the United States, the Commonwealth orany other state and the Director determines that such conviction oradjudication is sufficiently probative of the applicant's inability orunwillingness to operate the facility in a lawful manner, as to warrantdenial, revocation, amendment or suspension of the permit.

In making such determination, the Director shall consider:

(a) The nature and details of the acts attributed to key personnel;

(b) The degree of culpability of the applicant, if any;

(c) The applicant's policy or history of discipline of key personnel for suchactivities;

(d) Whether the applicant has substantially complied with all rules,regulations, permits, orders and statutes applicable to the applicant'sactivities in Virginia;

(e) Whether the applicant has implemented formal management controls tominimize and prevent the occurrence of such violations; and

(f) Mitigation based upon demonstration of good behavior by the applicantincluding, without limitation, prompt payment of damages, cooperation withinvestigations, termination of employment or other relationship with keypersonnel or other persons responsible for the violations or otherdemonstrations of good behavior by the applicant that the Director findsrelevant to its decision.

B. The Director may amend or attach conditions to a permit when:

1. There is a significant change in the manner and scope of operation whichmay require new or additional permit conditions or safeguards to protect thepublic health and environment;

2. There is found to be a possibility of pollution causing significantadverse effects on the air, land, surface water or ground water;

3. Investigation has shown the need for additional equipment, construction,procedures and testing to ensure the protection of the public health and theenvironment from significant adverse effects; or

4. The amendment is necessary to meet changes in applicable regulatoryrequirements.

C. If the Director finds that solid wastes are no longer being stored,treated or disposed at a facility in accordance with Board regulations, hemay revoke the permit issued for such facility. As a condition to granting orcontinuing in effect a permit, he may also require the permittee to provideperpetual care and surveillance of the facility.

D. If the Director summarily suspends a permit pursuant to subdivision 18 of 10.1-1402, the Director shall hold a conference pursuant to 2.2-4019within forty-eight hours to consider whether to continue the suspensionpending a hearing to amend or revoke the permit, or to issue any otherappropriate order. Notice of the hearing shall be delivered at theconference or sent at the time the permit is suspended. Any person whosepermit is suspended by the Director shall cease activity for which the permitwas issued until the permit is reinstated by the Director or by a court.

(1986, c. 492, 10-272; 1988, cc. 569, 891; 1990, c. 919.)