Any person who engages in the treatment, storage or disposal of hazardous waste must obtain a permit from DEQ unless specific exemptions apply. For new facilities, a permit is required prior to construction.  In addition, new facilities or certain expansions of existing facilities are subject to the hazardous waste siting requirements under the Virginia Waste Management Act.

The types of regulated units include containers, tanks, drip pads, containment buildings, incinerators, boilers and industrial furnaces, landfills, surface impoundments, waste piles, land treatment units, and miscellaneous and other units (also known as Subpart X units).  Specific requirements have been developed for each type. (Note: Underground injection of hazardous waste is not permitted in Virginia.)

The permit may cover one or more units at the facility and include standards and procedures for proper operation and maintenance; requirements for design and construction, waste analysis, personnel training, and emergency response; performance criteria; closure and post-closure care; financial responsibility and site-wide corrective action for solid waste management units. It will also include any required monitoring, recording of performance, as well as inspection and reporting requirements.

Application Process

Contact the DEQ Central Office Hazardous Waste Program (see contact information at right).

Conduct pre-application public meeting and notice. Prior to submission of an initial permit application or for certain renewal permits proposing a significant change in facility operations, the applicant must meet certain public notice requirements and hold a public meeting in the affected community.  These requirements are detailed on 40 CFR §124.31.

Submit the permit application which consists of two parts, Part A and Part B. The Part A application is submitted on a designated form, EPA form 8700-23 (see “Resources” at right), and requires basic information about the facility, while the Part B application is submitted in narrative form. Checklists have been developed to assist the applicant in the preparation of the Part B. There is an Operating Permit Checklist and a Post-Closure-Care Checklist available.

Submit the applicable permit application fee and, if applicable, financial assurance documents.

Once DEQ determines the application to be administratively and technically complete, the DEQ will prepare a draft permit and provide for a public notice period of at least 45 days to receive public comment. A public hearing may also be held.

After the close of the public comment period, DEQ will respond to all comments and make a final decision within 90 days.

Renewal and Permit Modification Application Process

Applications for permit renewals or modifications may be limited to a red-line/strike-out version of the original permit which identifies only the changes being requested.  Any necessary supporting documentation for the requested changes should also be included. Class 2 permit modifications require the applicant to meet certain public participation requirements, and these are detailed in the Class 2 Permit Modification Checklist.

For renewals, along with a red line/strike out copy of the permit, the applicant must also complete and submit the RCRA Hazardous Waste Part A Permit Application, the certification required by 40 CFR §270.11, updated maps, compliance with other Federal Laws information (40 CFR §270.14(b)(20), and the appropriate permit application fee.

Fees (Note: All fees are application fees and not refundable)

Part A Application:  None

Part B Application:

Base fee for all facilities - $16,900

Supplemental fee for one or more land-based units (including corrective action units) - $39,280

Supplemental fee for one or more incineration, boiler or industrial furnace units - $25,200

Permit modification fees – depends on the type of modification, but in any case, shall not exceed the fee in excess of that required for a new permit for a comparable facility

Term

Varies up to 10 years.  Mandatory review of land disposal units after 5 years may require modification of revocation for cause. 

Under normal conditions, a facility must have a permit for treatment, storage, or disposal of hazardous waste.  However, if there is “imminent and substantial endangerment to human health and the environment,” an emergency permit may be issued to allow treatment, storage and/or disposal of hazardous waste at: 1) an unpermitted facility or, 2) a permitted facility, when the waste management activity would not be covered by the effective permit.

Emergency permits may be verbal or written. If a verbal permit is issued, it is to be followed by issuance of a written permit within five days.

When the emergency permit is issued, the facility is assigned a provisional EPA Permit identification number by the DEQ’s Hazardous Waste Program. This number is given to the facility when the verbal emergency permit is issued. The emergency permit is issued for specific treatment, storage, and/or disposal activities, and may include transportation activities, which are specified and allowed under the emergency permit.

For emergency permits, public notice of the permit occurs after permit issuance.

Application Process

To obtain an emergency permit, contact the DEQ Central Office Hazardous Waste Program (see contact information at right) and submit the information for a Hazardous Waste Emergency Permit Application.

Fees

The permit application fee for an emergency permit is $2310. The fee is an application fee and non-refundable.

Term

Not to exceed 90 days.

A hazardous waste Research, Development, and Demonstration (RD&D) permit may be issued for a hazardous waste treatment facility which proposes to use an innovative or experimental hazardous waste treatment technology or process for which regulatory standards have not been developed.  Any RD&D permit must include terms and conditions that will assure protection of human health and the environment.

The permit will address the construction and operation of the facility and detail the receipt and treatment of the specific quantities and types of hazardous wastes to be treated. The types and quantities will be limited to those necessary to determine the efficacy and performance of the technology or process. At a minimum, the permit will detail requirements related to monitoring, operation, financial responsibility, closure, and remedial action as well as any other requirements deemed necessary regarding testing and information to be provided by the permittee related to the operation.

Application Process

Contact the DEQ Central Office Hazardous Waste Program (see contact information at right).

To expedite the review of RD&D proposals, applicants are encouraged to provide summary information about the proposed research, including the purpose of the research activity, why the research is experimental and innovative and the research objectives.

The level of detail required for an RD&D permit application will be determined on a case-by-case basis considering a combination of site-specific factors such as facility size, type and quantity of waste, duration of operation, potential for health and environmental damage, and qualifications of the persons who will operate and manage the facility.

To expedite the review and issuance of an RD&D permit, the DEQ may, consistent with protection of human health and the environment, modify and/or waive certain permit application and permit issuance requirements.  However, no modification or waiver is allowed with respect to financial responsibility or public participation requirements.

Once DEQ determines the application to be administratively and technical complete, the DEQ will prepare a draft permit and provide for a public notice period of at least 45 days to receive public comment. A public hearing may also be held.

After the close of the public comment period, DEQ will respond to all comments and make a final decision within 90 days.

Fees

The fee is dependent of the process type.

Term

One year.  May be renewed not more than three (3) times; each renewal period may not exceed one year.