Common use of Commonwealth of Virginia Clause in Contracts

Commonwealth of Virginia. The Commonwealth of Virginia under its relevant authority expects to modify or issue any permits necessary to implement this FPA. Specifically, in accordance with 9 VAC 00-00-000.G, “The director may issue an experimental facility permit for any solid waste treatment facility which proposes to utilize an innovative and experimental solid waste treatment technology or process…”, Maplewood and King Xxxxxx County Landfill, will submit permit amendment applications to obtain experimental permits for the proposed bioreactor landfill areas. Specific criteria will be developed by the Office of Solid Waste Permitting at VADEQ to guide the design, operation, and construction of bioreactor landfills. The staff in the office will review the experimental permit application for different aspects including local certification, design, construction, operation, closure, variance, finance assurance, and public participation. In the current permits, both facilities hold a variance to the requirements of 9 VAC 00-00-000.B.9, which addresses requirements for liner systems; as shown on Figure 2, both landfills were constructed having double-liner system but neither landfill has a composite liner consisting of a geomembrane underlain by a two-foot thick layer of clay having a hydraulic conductivity of 1 x 10-7 cm/sec, as required by RCRA Subtitle D and VSWMR. Under the current federal and state regulations, the facilities must file variance petitions for recirculating leachate within landfills underlain by alternate liner systems. In addition, both facilties must submit an additional variance petition to the VADEQ for introducing bulk liquids into the proposed bioreactor landfill area. If the permit applications are found to be administratively complete and technically acceptable, draft permits will be developed by the VADEQ. The permit issuance procedure will follow 9 VAC 00-00-000.E, in which a public notice of the draft permit shall be made and a public hearing shall be held subsequently. The VADEQ director will make a final decision to the permit, to deny a permit or to amend the draft permit within 30 days of the close of the hearing comment period. In accordance with 9 VAC 00-00-000.G, an experimental permit shall provide for operation of the facility for no longer than one calendar year unless renewed as provided in 9 VAC 00-00-000.G.3 which stipulates that the permit may be renewed no more than three times with each renewal for a period of not more than one calendar year each time it is renewed. At this point, amendments to stormwater permits are not anticipated for either facility. However, the VADEQ Office of Waste Permitting will work with other permitting groups if any amendments on air or stormwater become necessary. The Commonwealth of Virginia under its relevant authority expects to modify any permits necessary to implement this FPA. WM Waste Management will submit an application to the VADEQ requesting that VADEQ issue a Federally Enforceable State Operating Permit ("FESOP") VADEQ in consultation with EPA, expects to issue a FESOP which incorporates all of the landfill gas monitoring requirements specified in section 2 and table 6A of this agreement and contains adequate provisions to ensure that landfill gas is collected and controlled in accordance with the requirements of 40 CFR part 60, subpart WWW - Standards of Performance for Municipal Solid Waste Landfills. VADEQ will work with WM to ensure that the FESOP is issued in a timely manner.

Commonwealth of Virginia. The Commonwealth of Virginia under its relevant authority expects to modify or issue any permits necessary to implement this FPA. Specifically, in accordance with 9 VAC 00-00-000.G, “The director may issue an experimental facility permit for any solid waste treatment facility which proposes to utilize an innovative and experimental solid waste treatment technology or process…”, Maplewood and King Xxxxxx County Landfill, will submit permit amendment applications to obtain experimental permits for the proposed bioreactor landfill areas. Specific criteria will be developed by the Office of Solid Waste Permitting at VADEQ to guide the design, operation, and construction of bioreactor landfills. The staff in the office will review the experimental permit application for from different aspects including local certification, design, construction, operation, closure, variance, finance assurance, and public participation. In the current permits, both facilities hold a variance to the requirements of 9 VAC 00-00-000.B.9, which addresses requirements for liner systems; as shown on Figure 2, both landfills were constructed having double-liner system but neither landfill has a composite liner consisting of a geomembrane underlain by a two-foot thick layer of clay having a hydraulic conductivity of 1 x 10-7 cm/sec, as required by RCRA Subtitle D and VSWMR. Under VSWMR.Under the current federal and state regulations, the facilities must file variance petitions for recirculating leachate within landfills underlain by alternate liner systems. In addition, both facilties must submit an additional variance petition to the VADEQ for introducing bulk liquids into the proposed bioreactor landfill area. If the permit applications are found to be administratively complete and technically acceptable, draft permits will be developed by the VADEQ. The permit issuance procedure will follow 9 VAC 00-00-000.E, in which a public notice of the draft permit shall be made and a public hearing shall be held subsequently. The VADEQ director will make a final decision to the permit, to deny a permit or to amend the draft permit within 30 days of the close of the hearing comment period. In accordance with 9 VAC 00-00-000.G, an experimental permit shall provide for operation of the facility for no longer than one calendar year unless renewed as provided in 9 VAC 00-00-000.G.3 which stipulates that the permit may be renewed no more than three times with each renewal for a period of not more than one calendar year each time it is renewed. At this point, amendments to stormwater permits are not anticipated for either facility. However, the VADEQ Office of Waste Permitting will work with other permitting groups if any amendments on air or stormwater become necessary. The Commonwealth of Virginia under its relevant authority expects to modify any permits necessary to implement this FPA. WM Waste Management will submit an application to the VADEQ requesting that VADEQ issue a Federally Enforceable State Operating Permit ("FESOP") VADEQ in consultation with EPA, expects to issue a FESOP which incorporates all of the landfill gas monitoring requirements specified in section 2 and table 6A of this agreement and contains adequate provisions to ensure that landfill gas is collected and controlled in accordance with the requirements of 40 CFR part 60, subpart WWW - Standards of Performance for Municipal Solid Waste Landfills. VADEQ will work with WM to ensure that the FESOP is issued in a timely manner.