79415710.1-1408.5Virginia Decodedhttps://vacode.org2016ConservationActivities Administered By Other EntitiesVirginia Waste Management ActSolid Waste ManagementSpecial provisions regarding wetlands1999, c. 876; 2001, c. 767; 2005, c. 920; 2007, cc. 659, 813.http://law.lis.virginia.gov/vacode/10.1-1408.5/15.2-5102One or more localities may create authority/15.2-5102/62.1-44.15:20Virginia Water Protection Permit/62.1-44.15:20//10.1-1408.5/10.1/II/14/2/10.1-1408.5The Director may issue a solid waste permit for the expansion of a municipal solid waste landfill located in a wetland only if the following conditions are met: (i) the proposed landfill site is at least 100 feet from any surface water body and at least one mile from any tidal wetland; (ii) the Director determines, based upon the existing condition of the wetland system, including, but not limited to, sedimentation, toxicity, acidification, nitrification, vegetation, and proximity to existing permitted waste disposal areas, roads or other structures, that the construction or restoration of a wetland system in another location in accordance with a Virginia Water Protection Permit approved by the State Water Control Board would provide higher quality wetlands; and (iii) the permit requires a minimum two-to-one wetlands mitigation ratio. This subsection shall not apply to the exemptions provided in clauses (i) and (ii) of subsection A.sectionBB1Ground water monitoring shall be conducted at least quarterly by the owner or operator of any existing solid waste management landfill, accepting municipal solid waste, that was constructed on a wetland, has a potential hydrologic connection to such a wetland in the event of an escape of liquids from the facility, or is within a mile of such a wetland, unless the Director determines that less frequent monitoring is necessary. This provision shall not limit the authority of the Board or the Director to require that monitoring be conducted more frequently than quarterly. If the landfill is one that accepts only ash, ground water monitoring shall be conducted semiannually, unless more frequent monitoring is required by the Board or the Director. All results shall be reported to the Department.sectionCC1This section shall not apply to landfills which impact less than two acres of nontidal wetlands.sectionDD1There shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department an assessment of the potential impact to wetlands, the need for the exemption, and the alternatives considered and (ii) the Department has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly.sectionFF1