9VAC20-81-400: Applicability

A. No person shall construct, operate, or modify a solid waste management facility in the Commonwealth without a permit issued by the director unless otherwise specified in subsection D of this section or 9VAC20-81-410.

B. Each solid waste management facility permit shall be limited to one site and shall be nontransferable between sites.

C. Issuance of a new permit is required when there is:

1. Any new solid waste management facility;

2. Any change in design or process of a solid waste management facility that will, in the opinion of the director, result in a substantially different type of facility;

3. Any expansion beyond the facility boundary, expansion of the waste management boundary or increase in the capacity of the facility (includes expansions) specified in the existing permit; or

4. Any expansion beyond the facility boundary for remedial purposes. However, for these types of expansions, which do not provide for additional capacity, the expansion will be considered a permit modification for the purpose of establishing permit fees under the provisions of 9VAC20-90.

D. The director may grant a variance from any provision contained in this part to a permittee provided the requirements of Part VII (9VAC20-81-700 et seq.) of this chapter are met.