[Adopted 8-24-1992]
This article shall become effective from the
date of its approval and adoption as provided by law. This article
shall supersede and repeal any conflicting ordinances. This article
shall not operate to alter, modify or rescind any existing zoning
or subdivision ordinances nor to affect the application and enforceability
of the Buchanan County Comprehensive Plan.
For the purpose of this article, the terms or
words used herein shall have the same meaning as the same terms or
words as defined in the Virginia Waste Management Act, §§ 10.4-1400
through 10.1-1457 of the Code of Virginia. In addition, this article
shall specifically apply to and prohibit private thermal burn units,
private commercial incinerators and gas injection wells. Thermal burn
units prohibited hereunder are systems that separate chemicals and
fuels from soil by using heat and other evaporation methods, and these
systems are sometimes referred to by the industry as "regenerative
thermal oxidizers," "rotary drum dryers" and "low-temperature thermal
extraction systems." Private commercial incinerators prohibited hereunder
are those incinerators that are used and maintained to incinerate
off-site solid waste, waste fuels and chemicals. Gas injection wells
include wells and boreholes which are used to store or dispose of
brine water or any waste by-product of gas or oil drilling, exploration
or production.
This article is established for the purpose
of protecting, promoting and preserving an environment that is conducive
to public health and welfare, preventing the creation of nuisances
and the depletion of natural resources and to maintain such levels
of air quality and water quality as will protect human health, welfare
and safety and, to the greatest degree practicable, prevent injury
to plant and animal life and property and to nurture the comfort of
the people in their enjoyment of life and property and to encourage
the social and economic development of Buchanan County and to facilitate
the enjoyment of its attractions.
A.
It shall be unlawful to establish, maintain or operate an unregulated dumping place, an open dump or a privately owned or privately operated solid waste management facility or components thereof within the territorial boundaries of Buchanan County, except as provided in § 76-14A as hereinafter set forth.
B.
It shall be unlawful for any person or entity to transport
for disposal into the territorial boundaries of Buchanan County any
garbage, trash or refuse which has been compacted or baled in such
a manner that it cannot be readily examined and inspected by manual,
chemical, electronic or other acceptable and mandated means by county
officials for the purpose of determining whether such garbage, trash
or refuse contains hazardous substances.
C.
It shall be unlawful for any person to collect, haul,
transport or convey garbage or trash for disposal within the boundaries
of Buchanan County, except from a residence, business, approved collection
point, including highway and stream cleanup activities, to an approved
bulk container in the community or to a county-approved solid waste
management facility.
D.
It shall be unlawful to transport such refuse to points
through and outside Buchanan County, except for the transporting of
such refuse in adequately covered trucks to points outside of the
boundaries of Buchanan County, Virginia.
A.
This section of this article, regarding siting of solid waste management facilities, shall apply only to landfills operated by Buchanan County or by a regional waste or service authority in which Buchanan County is a participating member. In addition, the provisions of this § 76-14 shall apply to captive industrial landfills which accept waste only from a business or industry located on the same site. The provisions of this section shall not apply to privately owned or privately operated solid waste management facilities other than captive industrial landfills. The provisions of this section shall apply to privately owned or privately operated solid waste management facilities only in the event that the prohibition provisions of § 76-13 of this article are ruled invalid by a court of competent jurisdiction.
B.
No person shall establish, operate or maintain a solid
waste management facility without a certificate from the Buchanan
County Board of Supervisors.
C.
A solid waste management facility shall not be sited
or constructed in areas subject to base floods.
D.
No solid waste management facility shall be sited
in geologically unstable areas where adequate foundation support for
the construction components for the solid waste management facility
does not exist, giving due consideration to soil conditions, geological
and geomorphologic features, man-made features, caverns, tunnels,
mines and sinkholes.
E.
No solid waste management facility disposal area shall
be closer than 500 feet to any regular flowing surface body of water
nor 1,000 feet to any well, spring or other groundwater source of
drinking water. Any solid waste management facility disposal area
shall also be minimum of 100 feet from any public road or right-of-way
used by anyone other than the person operating the facility and a
minimum of 1,500 feet from any residence, school, hospital or nursing
home, church recreational and park area and retail establishment.
F.
There shall be a minimum separation of 10 feet between
the deposit of solid waste and the maximum seasonal water table or
bedrock, unless equal isolation or separation can be achieved and
maintained by engineered construction and operation methods to meet
the standards of the Virginia Department of Waste Management (DWM).
G.
The access from a primary highway to the proposed
facility site shall be an all-weather paved road.
H.
Evaluation criteria.
(1)
The Board of Supervisors shall consider the following
siting criteria in evaluating an application:
(a)
Suitability of the proposed solid waste management
facility site in light of the surface and subsurface conditions (porous,
fractured or subsided or as subjected to the same from past, present
or future mining or as otherwise affected by natural sinkholes, fissures
and cracks).
(b)
Impact of the proposed solid waste management
facility site on groundwater and water used by surface owners and
localities with Buchanan County.
(c)
The fitness of the applicant, its owners and
their companies to guard and to protect the safety and welfare of
the public and of water and other natural resources.
(d)
The likelihood that a breach of the solid waste
management facility containment systems could occur and, if so, the
impact such breach would have upon groundwater and surface water.
(2)
The impact of the solid waste management facility,
whether publicly or privately owned or operated, shall be subject
to the review of the Buchanan County Planning Commission pursuant
to § 15.1-456 of the Code of Virginia.
I.
The siting of a solid waste management facility, whether
publicly or privately owned or operated, shall be subject to the review
of the Buchanan County Planning Commission pursuant to § 15.1-456
of the Code of Virginia.
J.
A certificate awarded pursuant to this article shall
not be transferable or assignable without the vote and consent of
the Board of Supervisors.
K.
A new certificate shall be required pursuant to this
article for the establishment of a new facility, the expansion of
any existing facility beyond the previously approved boundaries or
due to any material change in design or process at an existing facility.
A.
Facilities for the disposal of solid waste from the
extraction, beneficiation and processing of coal shall be exempt from
this article, provided that such facilities are managed in accordance
with the requirements promulgated by the appropriate agencies of the
federal government and the Commonwealth of Virginia.
B.
Limitations.
(1)
The exception provided in Subsection A shall not apply to facilities for the disposal of by-products of coal combustion, such as fly ash and bottom ash, unless such facility:
(2)
All future exceptions from this article for the disposal
of on-site or captive fly ash and ash bottoms at sites not presently
in existence shall be applied for by the owner to the governing body
and shall be granted upon proper notice, public hearing and proof
that such application qualifies for exception hereunder.
C.
On-site captive incinerators used to dispose of medical
wastes by hospitals shall be exempt from this article, provided that
such incinerators otherwise comply with state and federal regulations,
and further provided that the incinerator facilities do not accept
off-site wastes from sources other than medical care facilities within
Buchanan County.
D.
Publicly owned and managed regional solid waste management facilities approved and located within Buchanan County shall be exempt from the prohibitions set forth in § 76-13A, B, C and D herein upon the following conditions:
(2)
The ultimate control, through appointment of directors
or a member to the regional authority, of the regional landfill remains
with the governmental authorities, including the Buchanan County Board
of Supervisors, which are parties to the placement and development
of the regional waste management facilities; and
(3)
That privately owned components of the regional waste
management facility shall comply with and be responsible to the regional
waste management facility and the Buchanan County Board of Supervisors
in addition to all relevant state and federal governmental authorities
and agencies.
A.
An application for a certificate shall contain the
following information:
(1)
The name, address and phone number of applicant.
(2)
The names, addresses and work and home phone numbers
of all persons and entities owning an interest exceeding 5%, whether
expressed or silent, in the proposed solid waste management facility's
operating entity, in the site or in the applicant.
(3)
The legal description of the property on which the
facility is proposed to be located and the Tax Map reference.
(4)
A copy of the lease or deed establishing the applicant's
right to use the proposed site.
(5)
A description of the current use of the proposed site.
(6)
The present zoning district of the site.
(7)
The proposed size and type of the solid waste management
facility.
(8)
A preliminary site plan, showing the boundary of the
site, the proposed disposal areas and other facilities and equipment
to be located at the site.
(9)
A list of all property owners, both surface and mineral,
and mailing addresses, as shown on the Buchanan County land books,
who are contiguous, adjacent or within one mile of the proposed site.
(10)
The names, addresses and phone numbers of all residents
and owners living within a one-mile radius of the proposed solid waste
management facility site or within 1/2 mile of a collection and separation
site and detailed information regarding the source of each listed
resident's water supply and any surface and water damage reported
to the applicant by the resident due to past or present mining activities.
That applicant shall take a written statement from the resident and
have the resident sign and verify that the information contained therein
is true and accurate with a copy being given to the resident. Should
the resident refuse to cooperate with the applicant, the applicant
shall report that fact in the application.
(11)
A description of the type of waste to be deposited
in the proposed solid waste management facility.
(12)
A description of the anticipated rates or fees to
be charged for the disposal of solid waste, an estimate of the total
volume of waste to be disposed of each year and an estimate of the
total annual revenues to be generated by waste disposal activities
at the proposed site.*
(13)
A complete description of the nature of any contracts
and the identity of parties to such contracts for the acceptance of
solid waste involving the proposed site that have been agreed to at
the time the application is submitted or prior to the final action
of the Board of Supervisors or its agent on the applications.*
(14)
A complete and thorough listing concerning the environmental
record of the entities who have been in contact or have contracted
with the applicant to utilize the solid waste management facility.*
(15)
A complete and thorough record of the compliance history
of the applicant, concerning state and federal environmental laws.*
(16)
A plan for land use of the site after the facility
is closed.
(17)
Complete information regarding violations of federal
or state environmental laws or regulations by any of the applicant's
owners, officers or any corporate entities in which the applicant
owns or has owned an interest. The environmental controls referred
to herein include but are not limited to any and all statutes and
regulations enforced by the Division of Mined Land Reclamation, the
Division of Mines and Quarries, the Department of Mines, Minerals
and Energy, the Office of Surface Mining, the State Air Pollution
Control Board, the State Water Control Board and the United States
Army Corp of Engineers.
(18)
Information regarding felony convictions of the applicant
or any of the applicant's owners, officers or any corporate entities
in which that applicant or any of its owners owns or has owned an
interest.
(19)
A map showing the location of the facility, the roads
and right-of-way giving access to the facility and an approximate
location of residences, schools, hospitals, churches and retail establishments
located along any street or secondary road proposed to be used as
an access road for the facility.
(20)
A site plan showing the entire acreage owned or controlled
by the applicant, the names of adjoining property owners, the location
of any adjoining property or other properties within 1,500 feet of
the site and the location of any residence, school, hospital, church,
recreational park and retail establishment.
(21)
The anticipated type, amount and source of financial
protection to be provided by that applicant to satisfy the financial
assurance regulations of the DWM and the additional requirements,
if any, of the Buchanan County Board of Supervisors, which shall be
determined on a site-by-site basis.
(22)
The names, addresses and relevant experience of all
key personnel to be employed or retained by the applicant in connection
with the operation of the proposed solid waste management facility.
B.
In addition, the applicant for a certificate may request
to furnish engineering and site plans to show the slope and direction
of rock strata and aquifers; the availability of cover material on
site or arrangements for obtaining adequate cover material from a
borrow site; the location of springs, seeps and other groundwater
sources; other possible groundwater intrusion to the site; the location
of any gas, water, sewage, electrical or other transmission lines
under, on or over the site; and the location on the site of a prior
open dump, landfill, lagoon, surface or deep mine or similar facility.
If requested, the applicant shall provide detailed core hole samples
from two locations within 50 horizontal feet of the opposite extremities
of the site of at least 300 feet deep (50 feet deep if near a utilized
freshwater aquifer). If requested, the applicant shall also provide
certified test results of the water quality of any freshwater aquifers
beneath the proposed site to a depth of 300 feet. If requested, the
applicant may be asked to furnish a plan for transporting waste through
Buchanan County to the waste management facility site.
C.
Proposals near coal-mining operations.
(1)
If the applicant's proposed solid waste management
facility is situated within 3,000 feet of any abandoned, inactive
or active coal mining operation, the following information shall be
supplied as part of the application prior to consideration for the
applicant's request for siting approval:
(a)
The names and addresses of the coal and mineral
owners within a three-thousand-foot radius of the proposed solid waste
management facility site, with supporting documentation as available
in the county land book records.
(b)
A list, with certification from the Division
of Mined Land Reclamation (Department of Mines, Minerals and Energy),
of all applications and past and present permits for the surface mining
or deep mining of coal within a three-thousand-foot radius of the
proposed solid waste management facility site.
(2)
If the Division of Mined Land Reclamation finds that
such permit applications are pending or such mining is in progress
or that abandoned coal mines exist within the three-thousand-foot
radius area, then the applicant shall provide copies of the relevant
mining permit applications, complete with maps of the active, inactive,
proposed or abandoned mining sites, with the boundary of the proposed
solid waste management facility site outlined in red and the boundary
of the proposed, active or inactive abandoned mining site outlined
in blue, and the applicant shall also supply copies of all relevant
hydrological formation and subsidence control plans contained within
the mining permit applications as set forth in the mining permit files.
(3)
If the landfill site is on limestone or similar soluble
rock, then it will be required that the applicant document all caves,
openings, sinkholes, disappearing streams, known cave passages and
any types of subterranean life forms and their status on the federal
and state endangered species list.
D.
Verification of application. The information in the
application shall be sworn to as being complete and accurate and shall
be signed by the president of the applicant's corporation, if said
applicant is a corporation, or by all of the partners in a partnership,
both general and silent partners, or the individual sole proprietor,
if the same applies.
E.
Application fee. The nonrefundable fee established
by the county to cover the costs of processing and reviewing the application,
giving notice to effective property owners and advertising a public
hearing shall be a minimum of $5,000 or the actual cost of processing
and reviewing the application, whichever is greater, and shall include
the costs of legal and technical review, and the minimum fee shall
be payable by the applicant with the application.
A.
Within 60 days after the receipt of a complete application,
as determined by the Board of Supervisors or its agent, the Board
shall hold a public hearing on the proposed siting of the solid waste
management facility. The hearing shall be advertised as all other
nonrevenue ordinances are advertised. The Board shall make a decision
following the receipt of the complete application. If the Board approves
the siting location, it shall issue a certificate as specified by
§ 10.1-1408.1 of the Code of Virginia. If the Board declines
to issue a certificate, it shall advise the applicant of the reasons
for declining to issue a certificate.
B.
If the Board of Supervisors or its agent returns an
application to an applicant with instructions to provide additional
information because of the applicant's failure to obtain approval
required by any ordinance of Buchanan County or the Code of Virginia
or because of the application of this article or any other ordinance
prohibiting the establishment, operation or maintenance of a privately
owned or privately operated solid waste management facility, the application
shall be deemed incomplete, and no further action by the Board or
its agent shall be required until the reason for the return of the
application has been corrected. Should any application be so returned,
the applicant shall have the right to resubmit the application to
be reviewed by the Board or its agent for completeness without the
deposit of any additional application fee.
C.
The submission of any application pursuant to this
article shall not result in the establishment of any right to establish,
operate or maintain a solid waste management facility.
A.
In making a decision as to whether the certificate
shall be issued, the Board of Supervisors shall consider the potential
effect of the proposed solid waste management facility on the health,
safety and welfare of the county and its residents and the criteria
set forth in this article.
B.
The Board of Supervisors, in determining whether to
issue a certificate, may also consider whether the proposed facility
is compatible to existing land uses and what visual barriers, such
as tree buffers or berms, are to screen the site from adjacent residences,
schools, hospitals, churches, parks and recreation areas and retail
establishments. The Board of Supervisors may consider litter on the
access road to the site, fugitive dust, noise, odor, hours of operation
and artificial lighting that may negatively affect adjacent uses of
land.
A.
In denying a certificate, the Board of Supervisors
may state conditions which, if complied with, would result in the
issuance of a certificate, and if the applicant agrees to comply with
such conditions and resubmits his application containing all such
conditions, then the Board may grant a certificate upon further public
hearing.
B.
If a certificate is granted, the certificate shall
name the applicant and its address, describe in detail the location
of the site and list the types of solid waste which may be disposed
of on the site. The certificate shall specifically refer to the date
of the application and shall specifically list the date of any amendment
thereto. When a certificate is issued, the certificate shall state
that the location and operation of the facility are consistent with
all applicable ordinances of the county. A copy of the application
and all amendments thereto shall be attached to the copy of the certificate
which is to be filed by the applicant with the DWM.
C.
No certificate shall be issued if the Board of Supervisors
determines that the applicant lacks sufficient financial resources
to safely and adequately establish, operate, maintain and close a
proposed facility.
D.
No certificate shall be issued if the Board of Supervisors
determines that the applicant or its privately owned components or
subcontractors, owners, officers, any corporate entities in which
the applicant owns or has owned an interest or any key personnel identified
in the application and any application submitted to the DWM have been
found to have violated any federal or state environmental laws or
regulations which have resulted in permanent permit revocations, bond
forfeitures or criminal sanctions.
A.
No certificate issued pursuant to this article shall
be transferable unless approved and consented to by the Buchanan County
Board of Supervisors. A material change in the corporate ownership
of any corporation that has been issued a certificate shall be considered
a prohibited transfer.
B.
Once a certificate has been issued pursuant to this
article, the size of the site shall not be enlarged nor the type of
waste accepted changed without reapplication and a new public hearing.
A site may be decreased in size or the types of waste or volume disposed
of may be reduced without amendment of a certificate or the submission
of a new application, provided that in the event of a reduction in
the size of the site or a reduction in types of waste to be handled
at any time after the issuance of the certificate, the applicant shall,
within 30 days thereof, file with the Board of Supervisors a new plat
of the site and a new description of the types of waste which shall
be disposed of at the site.
C.
Any certificate issued pursuant to this article shall
lapse 12 months after the final action of the Department of Waste
Management on the application, unless the holder of the certificate
has begun that actual construction of the proposed facility.
D.
Any certificate granted pursuant to this article shall
lapse if at any time the holder of the certificate shall cease operation
of the facility for a period of 12 months.
E.
Any certificate granted pursuant to this article may
be revoked by the Board of Supervisors should the Board determine
that the facility is being operated or maintained in a manner that
poses a substantial present or potential hazard to human health or
the environment based upon the applicant's material noncompliance
with this article or state or federal regulations.
F.
Any certificate granted pursuant to this article or
pursuant to any prior ordinance may be revoked by the Board of Supervisors
should the Board determine that the grant of the certificate was based
on an application containing material misrepresentations or omissions.
The Board of Supervisors reserves the right
to make such inspections of the site as necessary to carry out the
purposes of this article. The Board reserves the right to suspend
and close a facility upon a finding by the Board of imminent dangers
to the public and/or to the environment based upon the applicant's
failure to comply with the material provisions of this article or
state or federal regulations. The Board will provide a reason for
such closing to the facility manager and owner and a list of corrective
actions to be taken to correct such problems.
A.
The Buchanan County local government, including but not limited to the Sanitation Officer/Litter Control Officer and any other local or state law enforcement officers performing law enforcement activity within Buchanan County, Virginia, shall be responsible for enforcing the requirements of all the articles set forth within Chapter 76.
[Amended 4-6-2015; 6-6-2016]
B.
Violation of any ordinance within any of the articles set forth in Chapter 76 and any other solid waste ordinance previously adopted by Buchanan County shall be subject to a fine of up to $2,500 and/or up to 12 months' imprisonment, as provided in § 15.2-1429 of the Code of Virginia. Each day that a person violates these ordinances shall constitute a separate offense. In addition, the provisions of this article may be enforced by a suit for injunction relief in a state court of competent jurisdiction.
[Amended 4-7-1997; 4-6-2015]
C.
Nothing in this article shall be constructed to exempt
any person or applicant from any other federal, state or local regulations
required for the establishment, operation or maintenance of a solid
waste management facility. Other such regulations include but shall
not be limited to the National Fishing Enhancement Act of 1984, the
Clean Water Act, the National Environmental Policy Act of 1969, the
Fish and Wildlife Act of 1956, the Federal Power Act of 1920, the
Historic Preservation Act of 1966, the Endangered Species Act and
the Virginia Waste Management Act.[1]
[1]
Editor's Note: See § 10.1-1400 et
seq. of the Code of Virginia.
