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1999 SESSION

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SB 865 Solid waste management.

Introduced by: Emmett W. Hanger, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Solid waste management. Makes numerous changes to Virginia’s laws regulating solid waste. The bill expands the required review and determinations that must be made by the Department of Environmental Quality (DEQ) when it considers permit applications related to solid waste management facilities and the siting of new landfills, including prohibiting new landfills in seven types of environmentally or geologically sensitive areas. The Virginia Landfill Clean-up and Closure Fund is created to make grants to local governments and political subdivisions which exist to provide solid waste management services (public service authorities and sanitary districts) for proper closure of landfills without adequate liner and leachate control systems, whether owned by the local government or political subdivision or abandoned in their jurisdiction. The source of funds for the Fund is the general fund. The bill also requires the development of regulations governing truck transport of municipal solid waste; provides for the incorporation into permits of guarantees for municipal solid waste disposal capacity for Virginia localities in accordance with solid waste management plans; requires agreements between host localities and applicants for new or expanded landfill operations; requires certification by waste transporters that waste is suitable for disposal at a facility before the facility may accept it; requires DEQ to extend post-closure monitoring and maintenance and financial assurance requirements when necessary to protect human health and the environment; and imposes a one-year moratorium on permit issuance for new landfills except for those permits for which a notice of intent was filed before January 1, 1999. DEQ is also directed to conduct a comprehensive study of waste management practices and needs. There are also technical amendments. This bill is identical to HB 2557 and SB 1309.

This bill is also identical to HB 1748 except with regard to the Landfill Clean-up and Closure Fund. The purpose for which the funds may be used are identical in all four bills except that HB 1748 also allows use of the Fund for Fund related administrative costs and for solid waste inspection, monitoring and enforcement programs of DEQ. (Item 424 #2c of the budget allocates $650,000 and 10 positions, contingent on creation of the HB 1748 Fund, for these later purposes.) Other differences lie in the fund name and the creation of a tonnage based assessment to capitalize the Fund in HB 1748. In addition, SB 1309, HB 2557 and this bill, in subsection C of § 10.1-1413.2, grant the DEQ Director access to the Fund for up to $100,000 per "occurrence" without the Governor's approval. HB 1748 uses the term "grant" instead of "occurrence" to parallel the terminology used in the section.

SUMMARY AS PASSED:

Solid waste. Makes numerous changes to Virginia’s laws regulating solid waste. The bill expands the required review and determinations that must be made by the Department of Environmental Quality (DEQ) when it considers permit applications related to solid waste management facilities and the siting of new landfills, including prohibiting new landfills in seven types of environmentally or geologically sensitive areas. The Virginia Solid Waste Environmental Stewardship Fund is created and will be funded through a tonage based assessment. The assessment has a $1 per ton base which may increase up to $2 per ton based on daily volume of municipal solid waste disposed of in a landfill. The Fund may be used for grants to local governments and certain types of political subdivisions for proper closure of landfills without proper liner and leachate control systems, whether owned by the local government or political subdivisions or abandoned in their jurisdiction. Localities and public service authorities may opt out of having their wastes included in the assessment if they dedicate an equivalent amount to the same purposes as the Fund or for recycling efforts. The bill also requires the development of regulations governing truck transport of municipal solid waste; provides for the incorporation into permits of guarantees for municipal solid waste disposal capacity for Virginia localities, in accordance with solid waste management plans; requires agreements between host localities and applicants for new or expanded landfill operations; requires certification by waste transporters that waste is suitable for disposal at a facility before the facility may accept it; requires DEQ to extend post-closure monitoring and maintenance and financial assurance requirements when necessary to protect human health and the environment; and imposes a one-year moratorium on permit issuance for new landfills except for those permits for which a notice of intent was filed before January 1, 1999. DEQ is also directed to conduct a comprehensive study of waste management practices and needs. The bill contains technical amendments. This bill is identical to HB 1748.

This bill is also identical to HB 2557 and SB 1309 except with regard to the Solid Waste Environmental Stewardship Fund. The purpose for which the funds may be used are identical in all four bills except that HB 1748 and SB 865 also allow use of the Fund for Fund related administrative costs and for solid waste inspection, monitoring and enforcement programs of DEQ. (Item 424 #2c of the budget allocates $650,000 and 10 positions, contingent on creation of the HB 1748 and SB 865 Fund, for these later purposes.) Other differences lie in the fund name and the creation of a tonnage based assessment to capitalize the Fund in HB 1748 and SB 865. In addition, SB 1309 and HB 2557, in subsection C of § 10.1-1413.2, grant the DEQ Director access to the Fund for up to $100,000 per "occurrence" without the Governor's approval. HB 1748 and SB 865 use the term "grant" instead of "occurrence" to parallel the terminology used in the section.

SUMMARY AS PASSED SENATE:

Solid waste. Makes numerous changes to Virginia’s laws regulating solid waste. The bill expands the required review and determinations that must be made by the Department of Environmental Quality (DEQ) when it considers permit applications related to solid waste management facilities and the siting of new landfills, including prohibiting new landfills in seven types of environmentally or geologically sensitive areas. A $1 per ton base fee is established with a sliding scale increase up to $2 per ton based on daily volume. The Fund created by the fee may be used for grants to local governments and political subdivisions which exist to provide solid waste management services (public service authorities and sanitary districts) for proper closure of landfills without adequate liner and leachate control systems, whether owned by the local government or political subdivision or abandoned in their jurisdiction. Localities and public service authorities may opt out of paying the fees if an equivalent amount is dedicated by the locality or authority to the same purposes as the fee. The bill also requires the development of regulations governing truck transport of municipal solid waste; provides for the incorporation into permits of guarantees for municipal solid waste disposal capacity for Virginia localities in accordance with solid waste management plans; requires agreements between host localities and applicants for new or expanded landfill operations; requires certification by waste transporters that waste is suitable for disposal at a facility before the facility may accept it; requires DEQ to extend post-closure monitoring and maintenance and financial assurance requirements when necessary to protect human health and the environment; and imposes a one-year moratorium on permit issuance for new landfills except for those permits for which a notice of intent was filed before January 1, 1999. DEQ is also directed to conduct a comprehensive study of waste management practices and needs. This bill is a recommendation of the Commission on the Future of Virginia’s Environment (HJR 136). There are also technical amendments.

SUMMARY AS INTRODUCED:

Solid waste. Makes numerous changes to Virginia’s laws regulating solid waste. The bill expands the required review and determinations that must be made by the Department of Environmental Quality (DEQ) when it considers permit applications related to solid waste management facilities (SWMF) and the siting of new landfills, including prohibiting new landfills in seven types of environmentally or geologically sensitive areas. Daily volume limits, with which sanitary landfills must comply, are to be established by host localities and placed in host agreements. A $1 per ton base fee is established with a sliding scale increase up to $2 per ton based on daily volume and a historic volume based on daily threshold volume calculation. The Fund created by the fee may be used for: (i) clean up, remediation and proper closure of post-closure landfills and abandoned landfills for which insufficient funds exist from other sources; (ii) parks, open space, easement and agricultural land acquisition and preservation programs; (iii) grants to local governments for proper closure of landfills without proper liner and leachate control systems, whether owned by the local government or abandoned in their jurisdiction; and (iv) grants for locality waste reduction efforts. Localities and public service authorities may be exempted from fees if an equivalent amount is dedicated by the locality or authority to the same purposes as the fee. The bill also requires the development of regulations governing truck transport of municipal solid waste; provides for the incorporation into permits of guarantees for municipal solid waste disposal capacity for Virginia localities in accordance with solid waste management plans; requires agreements between host localities and applicants for new or expanded landfill operations; requires certification by waste transporters that waste is suitable for disposal at a facility before the facility may accept it; requires DEQ to extend post-closure monitoring and maintenance and financial assurance requirements when necessary to protect human health and the environment; and imposes a one-year moratorium on permit issuance for new landfills except for those permits for which a notice of intent was filed before January 1, 1999. DEQ is also directed to conduct a comprehensive study of waste management practices and needs. This bill is a recommendation of the Commission on the Future of Virginia’s Environment (HJR 136). There are also technical amendments.