Solid Waste Permit
Full solid waste permits are required for construction, operation, and modification of solid waste disposal facilities (landfills). Solid waste permits are required for sanitary (or municipal solid waste), construction / demolition / debris, and industrial landfills. Full solid waste permits are also required for coal combustion residual landfills and surface impoundments.
The solid waste permit is a three-part application. Detailed instructions on the application requirements is provided in DEQ Submission Instruction No. 1: Procedural Requirements for a New or Modified Solid Waste Management Facility Permit Application.
Notice of Intent
The Notice of Intent initiates the permit application process. The Notice is a letter indicating the intended use of a new facility or describes changes to an existing permit to initiate a permit modification. The Notice of Intent provides applicant disclosure statements, local government approvals and agreements, and results of public participation activities. If the Notice of Intent is complete, the applicant may submit the Part A application.
Relevant Forms
Disclosure Statement
Local Government Approval, SW-11-1
Host Agreement, SW-11-2
Part A Application
The Part A Application provides information essential for assessment of the suitability for the proposed facility. Applicants must submit the Part A Application Form and provide required application fee, maps, reports, demonstrations, and correspondence demonstrating the proposed facility meets all applicable siting criteria and is suitable for intended use.
DEQ reviews the Part A Application for administrative completeness, technical adequacy, and regulatory compliance. Provided the applicant receives an approval or conditional approval, the applicant may submit the Part B Application.
Part B Application
The Part B Application provides the detailed engineering design and operating plans for the proposed facility or modification. Upon receiving Part A approval, the applicant may submit the Part B Application form and provide required permit application fee and required plans. The following submission instructions are provided to assist the applicant with preparing required plans:
DEQ reviews the Part B Application for administrative completeness, technical adequacy, and regulatory compliance. At the end of the evaluation, DEQ will notify the applicant that the application is technically adequate and in regulatory compliance or that the DEQ intends to deny the application.
Permit Decisions and Public Participation Process
If the Part B application is technically adequate and in full compliance with the regulations, the DEQ will prepare a draft permit and a notice will be published announcing the beginning of a 30-day public comment period and availability of the draft permit. For new permits and certain permit modifications, the DEQ will also host a public hearing, and the public comment period will be extend at least 15 days following the hearing.
Public notices for draft permits are published in a newspaper with general circulation in the area of the facility as well as on DEQ’s Waste Public Notice page, and on the Virginia Town Hall Waste Management Board Meeting page when there is a public hearing scheduled.
Following the close of the public comment period, the DEQ has 90 days to make a final decision to issue a permit, to deny a permit, or to modify the draft permit. The applicant and all persons who commented will be notified of the final decision.
Permit Modifications
Solid waste permits are issued for the life of the solid waste management facility, and may be modified as needed in accordance with permit modification requirements. There are three types of permit modifications: Major, Minor, and Permittee Change.
- Major modifications substantially alter the facility or its operation and are listed in Table 5.2. Major modifications incur a permit modification fee based on the requested permit changes. The application process, review, and permit decision follow the same procedures outlined above for the Notice of Intent, Part A, and Part B applications.
- Minor modifications apply to minor changes to keep the permit current with routine changes to the facility or its operation and do not substantially alter permit conditions. Minor modifications do not require a permit fee; however, minor modifications require DEQ written approval and local government notification.
- Permittee changes, listed in Table 5.2, may be implemented without DEQ approval. However, the permittee must notify DEQ at least 14 days prior to putting the change into effect. The permittee must also notify the local government within 90 days after the change is put into effect.
Section VI of Submission Instruction No. 1: Procedural Requirements for a New or Modified Solid Waste Management Facility Permit Application provides instructions on the applicable Notice of Intent, Part A, and Part B application submission requirements based on the type of modification.
Permits may be transferred to a new facility owner or operator following presentation of proof of financial assurance and documentation of ownership change. The Change of Owner / Operator Form is provided to ensure adequate information is provided for DEQ to modify the solid waste permit.
