10.1-1408.4 - Landfill siting review.
§ 10.1-1408.4. Landfill siting review.
A. Before granting a permit which approves site suitability for a newmunicipal solid waste landfill, the Director shall determine, in writing,that the site on which the landfill is to be constructed is suitable for theconstruction and operation of such a landfill. In making his determination,the Director shall consider and address, in addition to such others as hedeems appropriate, the following factors:
1. Based on a written, site-specific report prepared by the VirginiaDepartment of Transportation, the adequacy of transportation facilities thatwill be available to serve the landfill, including the impact of the landfillon local traffic volume, road congestion, and highway safety;
2. The potential impact of the proposed landfill on parks and recreationalareas, public water supplies, marine resources, wetlands, historic sites,fish and wildlife, water quality, and tourism; and
3. The geologic suitability of the proposed site, including proximity toareas of seismic activity and karst topography.
The applicant shall provide such information on these factors as the Directormay request.
B. In addition to such other types of locations as may be determined by theBoard, no new municipal solid waste landfill shall be constructed:
1. In a 100-year flood plain;
2. In any tidal wetland or nontidal wetland contiguous to any surface waterbody, except in accordance with § 10.1-1408.5;
3. Within three miles upgradient of any existing surface or groundwaterpublic water supply intake or reservoir. However, a new municipal solid wastelandfill may be constructed within a closer distance but no closer than onemile from any existing surface or groundwater public water supply intake orreservoir if: (i) the proposed landfill would meet all of the otherrequirements of this chapter and subtitle D of the federal ResourceConservation and Recovery Act, including alternative liner systems approvedin accordance with that Act; (ii) the permit requires that groundwaterprotection standards be established and approved by the Director prior to thereceipt of waste; (iii) the permit requires installation of at least twosynthetic liners under the waste disposal areas and requires leachatecollection systems to be installed above and below the uppermost liner; (iv)the permit requires all groundwater monitoring wells located within thefacility's boundary and between the landfill and any water supply intake tobe sampled quarterly and the results reported to the Department within 15days of the owner or operator receiving the laboratory analysis; and (v) theproposed landfill meets any other conditions deemed necessary by theDirector, in consultation with the Commissioner of Health, to protect againstgroundwater and surface water contamination. In the Counties of Mecklenburgand Halifax, a new municipal solid waste landfill may be exempt from theprovisions of this subdivision and may be constructed within a shorterdistance from an existing surface or groundwater public water supply intakeor reservoir if the Director determines that such distance would not bedetrimental to human health and the environment;
4. In any area vulnerable to flooding resulting from dam failures;
5. Over a sinkhole or less than 100 feet above a solution cavern associatedwith karst topography;
6. In any park or recreational area, wildlife management area or areadesignated by any federal or state agency as the critical habitat of anyendangered species; or
7. Over an active fault.
C. There shall be no additional exemptions granted from this section unless(i) the proponent has submitted to the Department an assessment of thepotential impact to public water supplies, the need for the exemption, andthe alternatives considered and (ii) the Department has made the informationavailable for public review for at least 60 days prior to the first day ofthe next Regular Session of the General Assembly.
(1999, cc. 584, 613, 947; 2001, c. 767; 2003, c. 834; 2005, c. 920.)