(a) Required. A permit is required for all solid waste management facilities. No person shall construct and/or operate a solid waste management facility without a valid permit issued by the Director. Permits are required for any new and existing facility or any previously permitted facility that substantially modifies its approved operation and maintenance plan. Facilities must satisfy the design and operational criteria outlined in the Facilities Standards Manual and Sections 1080.16 through 1080.25. Permits shall be issued for no longer than five years for solid waste management facilities. All permits are subject to amendment and revocation as provided in this chapter. Open dumps are prohibited in the County.
(b) Exemptions. The following activities are exempt from permit requirements, as provided in this section, but may be subject to other provisions of this chapter.
(1) Agricultural land clearing. Solid waste management practices that involve only the placing of stumps and other land clearing debris from agricultural or forestal activities at the site of the clearing that do not receive waste from off-site and that do not create an open dump, hazard or public nuisance are exempt from all requirements of this chapter.
(2) Recycling facilities. No permit shall be required pursuant to this chapter for recycling or for temporary storage incidental to recycling. A CTO is required for recycling facilities. Anyone proposing to operate such a facility shall contact the Director for a written exemption based on the provisions of this section.
(3) Land clearing of arboreal waste for land development. Any person who removes arboreal waste from land clearing operations for land development and processes the waste through mulching, chipping, or grinding is exempt from all requirements of this chapter, provided that such material is deposited, placed, and processed on the same property from which the materials were cleared; is removed from the property within six months of placement of the waste; and does not create an open dump, hazard or public nuisance.
(4) Yard waste. Owners or other persons authorized by the owner of real property who receive only yard waste or processed vegetative waste generated off-site for the purpose of producing compost on said property shall be exempt from all other provisions of this chapter as applied to the composting activity, provided that:
A. Not more than 500 cubic yards of yard waste generated off-site is received at the owner's said property in any consecutive twelve-month period;
B. No compensation is received, either directly or indirectly, by the owner or other persons authorized by the owner of said property from parties providing yard waste generated off said property; and
C. The activity poses no nuisance or present or potential threat to human health or the environment.
(c) Application for Permits. Every person desiring a permit under this chapter shall submit a written application to the Director in the format specified by the Director. An application for a permit shall not constitute authorization to operate pending action on the request. The application shall provide sufficient information to address the requirements of this chapter. When co-processed with State permit applications, complete copies of the Part A and Part B application to the Virginia Department of Environmental Quality shall be provided to the County. Copies of the construction contract documents or such documents as are required by the permit by rule provision in 9 VAC 20-80 (solid waste management), and 9 VAC 20-101 (vegetative waste management and yard waste composting) shall be provided to the County when they are submitted to the State. In addition, the Director may require reasonable additional information as deemed necessary due to site conditions and to determine site suitability (i.e., additional geotechnical borings, wells, etc.).
(d) Conformance With Zoning Ordinance. An application for a permit under this chapter shall be submitted contemporaneously with a letter of compliance with the Zoning Ordinance from the Zoning Administrator, or with copies of the application for a special exception permit if required by the Zoning Ordinance. Prior to acting upon an application for a solid waste management facility permit, the Director shall require the applicant to furnish evidence from the Department of Building and Development that the property and the proposed use are in compliance with the land use requirements of the County.
(e) Waivers of Technical Requirements. Upon petition to the Director, the applicant may request of the Board a waiver of any technical application submission requirement, provided that the Director finds that such requirement(s) are not necessary to demonstrate compliance with the intent of this chapter. Upon petition to the Director, the applicant for any existing facility that has been deemed in compliance with this chapter may request of the Board a waiver of any siting or operational regulation required by this chapter, provided that such waiver will not place a solid waste management facility in noncompliance with any State or Federal requirements and only upon a finding that such waiver will not result in a negative impact on the environment or cause a public nuisance.
(f) Public Participation Process Required. Before any solid waste management facility permit required by this chapter is issued, the Director will advertise the intent to issue said permit for two successive weeks in a newspaper of general circulation in the County in which the public will be invited to submit written comment on the proposed permit regarding any aspect of alleged non-conformance contained in the proposed permit. A draft of the proposed permit will be kept at the Loudoun County Office of Solid Waste Management for review by the public during regular business hours. Written comment from the public will be accepted for thirty calendar days following the first advertisement of intent to issue. All written comments which are timely submitted will be reviewed by the Director. No permit shall be issued prior to the completion of the public participation process.
(g) Temporary Permit. An applicant whose permit and/or CTO has expired or who was not previously required to obtain a permit and/or CTO, and who has been in operation for at least one calendar year immediately prior to the submission of the application in full compliance with all applicable requirements of this chapter, may apply to the Director for a temporary permit. An application for a temporary permit shall not constitute authorization to operate pending action on the request. Any such application shall be presented to the Board of Supervisors for approval.
The Board of Supervisors shall determine the duration of the temporary permit which shall in no case exceed six months, and which shall not be subject to renewal or extension. The temporary permit shall be contingent upon the applicant's continuing adherence to a permitting compliance schedule established in advance by the Director, and provided that the operation of the facility does not pose a present or potential hazard to public health or the environment. If at any time the Director finds that the applicant has failed to adhere to the compliance schedule or that continued operation of the facility constitutes a present or potential hazard to public health or the environment, the temporary permit shall be withdrawn and the facility shall cease operations.
(Ord. 99-06. Passed 5-19-99.)
(h) Limits on Facility Permits. No permit shall be issued by the Director to any facility to process, manage, sort, store or transfer more than 600 tons of municipal solid waste (MSW) per day. The aggregate permitted tonnage at all facilities, excluding the County Landfill, shall not exceed 750 tons of municipal solid waste per day. For the purposes of this subsection, tons per day is defined as the total tonnage of MSW accepted by the facility in any consecutive seven-day period of operation, divided by seven. The County Landfill is exempt from this subsection. This subsection shall not apply to consumer separated recyclables, vegetative waste or construction waste. All permits issued after the date of adoption of this subsection shall conform to this subsection.
(Ord. 00-10. Passed 10-16-00.)