10.1-1454.1 - Regulation of wastes transported by water.
§ 10.1-1454.1. Regulation of wastes transported by water.
A. The Board shall develop regulations governing the commercial transport,loading and off-loading of nonhazardous solid waste (except scrap metal,dredged material, recyclable construction demolition debris being transporteddirectly to a processing facility for recycling or reuse, andsource-separated recyclables), municipal and industrial sludge, and regulatedmedical waste by ship, barge or other vessel upon the navigable waters of theCommonwealth as are necessary to protect the health, safety, and welfare ofthe citizens of the Commonwealth and to protect the Commonwealth'senvironment and natural resources from pollution, impairment or destruction.Included in the regulations shall be provisions governing (i) the issuance ofpermits by rule to facilities receiving nonhazardous solid waste (exceptscrap metal, dredged material, recyclable construction demolition debrisbeing transported directly to a processing facility for recycling or reuse,and source-separated recyclables), municipal and industrial sludge, andregulated medical waste from a ship, barge or other vessel transporting suchwastes upon the navigable waters of the Commonwealth and (ii) to the extentallowable under federal law and regulation, the commercial transport ofnonhazardous solid wastes (except scrap metal, dredged material, recyclableconstruction demolition debris being transported directly to a processingfacility for recycling or reuse, and source-separated recyclables), municipaland industrial sludge, and regulated medical waste upon the navigable watersof the Commonwealth and the loading and off-loading of ships, barges andother vessels transporting such waste.
B. 1. Included in the regulations shall be requirements, to the extentallowable under federal law, that: (a) containers holding wastes bewatertight and be designed, constructed, secured and maintained so as toprevent the escape of wastes, liquids and odors and to prevent the loss orspillage of wastes in the event of an accident; (b) containers be tested atleast two times a year and be accompanied by a certification from thecontainer owner that such testing has shown that the containers arewatertight; (c) each container be listed on a manifest designed to assurethat the waste being transported in each container is suitable for thedestination facility; and (d) containers be secured to the barges to preventaccidents during transportation, loading and unloading.
2. For the purposes of this section and the regulations promulgatedhereunder, a container shall satisfy clauses (a) and (b) of subdivision B 1,if it meets the following requirements:
a. Each container shall be certified for special service by a DelegatedApproval Authority approved by the U.S. Coast Guard in accordance with 49 CFRParts 450 through 453 as having met the requirements for the approval ofprototype containers described in §§ 1.5 and 1.17.2 of the Rules forCertification of Cargo Containers, 1998, American Bureau of Shipping,including a special container prototype test as follows: a minimum internalhead of three inches of water shall be applied to all sides, seams, bottomand top of the container for at least 15 minutes of each side, seam, bottomand top, during which the container shall remain free from the escape ofwater.
b. Each container shall be certified by the Delegated Approval Authority ashaving passed the following test when the container is placed in service andat least once every six months thereafter while it remains in service:
(1) Each container shall have a minimum internal head of 24 inches of waterapplied to the container in an upright position for at least 15 minutesduring which the container shall remain free from the escape of water. Allwastewater and contaminated water resulting from this test procedure shall bedisposed of in compliance with the applicable regulations of the State WaterControl Board.
(2) Each container shall be visually inspected for damage on all sides, plusthe top and bottom, and shall have no visible holes, gaps, or structuraldamage affecting its integrity or performance.
c. Following each unloading of solid waste from a container, each containershall be visually inspected, as practical, at the solid waste managementfacility immediately upon unloading for damage on all sides, plus top andbottom, and shall have no visible holes, gaps, or structural damage affectingits integrity or performance.
3. It shall be a violation of this chapter if during transportation, holding,or storage operations, or in the event of an accident, there is an: (i) entryof liquids into a container; (ii) escape, loss, or spillage of wastes orliquids from a container; or (iii) escape of odors from a container.
C. A facility utilized to receive nonhazardous solid waste (except scrapmetal, dredged material, recyclable construction demolition debris beingtransported directly to a processing facility for recycling or reuse, andsource-separated recyclables), municipal and industrial sludge, or regulatedmedical waste from a ship, barge or other vessel regulated pursuant tosubsection A, arriving at the facility upon the navigable waters of theCommonwealth, is a solid waste management facility and is subject to therequirements of this chapter. On and after the effective date of theregulations promulgated under subsection A, no new or existing facilitiesshall receive any wastes regulated under subsection A from a ship, barge orother vessel without a permit issued in accordance with the Board'sregulations.
D. 1. The Board shall, by regulation, establish a fee schedule, payable bythe owner or operator of any ship, barge or other vessel carrying, loading oroff-loading waste regulated under this article on the navigable waters of theCommonwealth, for the purpose of funding the administrative and enforcementcosts of this article associated with such operations including, but notlimited to, the inspection and monitoring of such ships, barges or othervessels to ensure compliance with this article, and for funding activitiesauthorized by this section to abate pollution caused by barging of waste, toimprove water quality, or for other waste-related purposes.
2. The owner or operator of a facility permitted to receive wastes regulatedunder this article from a ship, barge or other vessel shall be assessed apermit fee in accordance with the criteria set forth in § 10.1-1402.1.However, such fees shall also include an additional amount to cover theDepartment's costs for facility inspections that it shall conduct on at leasta quarterly basis.
3. The fees collected pursuant to this article shall be deposited into aseparate account within the Virginia Waste Management Board Permit ProgramFund (§ 10.1-1402.2) and shall be treated as are other moneys in that fundexcept that they shall only be used for the purposes of this article, and forfunding purposes authorized by this article to abate pollution caused bybarging of waste, to improve water quality, or for other waste-relatedpurposes.
E. The Board shall promulgate regulations requiring owners and operators ofships, barges and other vessels transporting wastes regulated under thisarticle to demonstrate financial responsibility sufficient to comply with therequirements of this article as a condition of operation. Regulationsgoverning the amount of any financial responsibility required shall take intoconsideration: (i) the risk of potential damage or injury to state waters andthe impairment of beneficial uses that may result from spillage or leakagefrom the ship, barge or vessel; (ii) the potential costs of containment andcleanup; and (iii) the nature and degree of injury or interference withgeneral health, welfare and property that may result.
F. The owner or operator of a ship, barge or other vessel from which there isspillage or loss to state waters of wastes subject to regulations under thisarticle shall immediately report such spillage or loss in accordance with theregulations of the Board and shall immediately take all such actions as maybe necessary to contain and remove such wastes from state waters.
G. No person shall transport wastes regulated under this article on thenavigable waters of the Commonwealth by ship, barge or other vessel unlesssuch ship, barge or vessel and the containers carried thereon are designed,constructed, loaded, operated and maintained so as to prevent the escape ofliquids, waste and odors and to prevent the loss or spillage of waste in theevent of an accident. A violation of this subsection shall be a Class 1misdemeanor. For the purposes of this subsection, the term "odors" meansany emissions that cause an odor objectionable to individuals of ordinarysensibility.
H. The Director may grant variances for the commercial transport, loading,and off-loading of solid waste on waters of the Commonwealth from therequirements of this section provided: (i) travel on state waters isminimized; (ii) the solid waste is easily identifiable, is not hazardous, andis containerized so as to prevent the escape of liquids, waste, and odors;(iii) the containers are secured to the vessel to prevent spillage; (iv) theamount of solid waste transported does not exceed 300 tons annually; and (v)the activity will not occur when weather conditions pose a risk of the vessellosing its load.
(1998, cc. 705, 717; 1999, c. 608; 2003, c. 830; 2005, cc. 130, 232; 2006, c.477.)