9VAC25-32-210: Causes for termination

A. The following are causes for terminating a VPA permit during its term, or for denying a VPA permit renewal application, after public notice and opportunity for a public hearing:

1. The permittee has violated any regulation of the board or order of the department, any condition of a VPA permit, any provision of the law, or any order of a court, where such violation results in a release of harmful substances into the environment or poses a substantial threat of release of harmful substances into the environment or presents a hazard to human health or the violation is representative of a pattern of serious or repeated violations which, in the opinion of the department, demonstrates the permittee's disregard for or inability to comply with applicable laws, regulations or requirements;

2. The permittee's failure to disclose fully all relevant material facts, or the permittee's misrepresentation of any relevant material facts in applying for a VPA permit, or in any other report or document required under the law or this chapter;

3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by VPA permit modification or termination; or

4. There exists a material change in the basis on which the VPA permit was issued that requires either a temporary or a permanent reduction or elimination of any pollutant management activity controlled by the VPA permit necessary to protect human health or the environment.

B. In addition to causes for terminating a VPA permit specified in subsection A of this section, causes for terminating a VPA permit issued for land application, marketing and distribution of biosolids shall include:

1. Failure to comply with the conditions of the permit.

2. Violation of Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia or of any provisions of this regulation.

3. Change in ownership.

4. Abandonment of the facilities.

C. A VPA permit may be terminated without public notice and opportunity for a hearing when the termination is mutually agreed to by the permittee and the department.