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of VIRGINIA
COMMONWEALTH of
COMMONWEALTH
DEPARTMENT OF
DEPARTMENT ENVIRONMENTALQUALITY
OF ENVIRONMENTAL
NORTHERNREGIONAL
NORTHERN OFFICE
REGIONALOFFICE
Molly Joseph Ward
Ward 13901
13901 Crown
CrownCourt,
Coiirt, Woodbridge, Virginia22193
Woodbridge,Virginia David K. Paylor
Paylor
Secretary of Natural
Secretary Natural Resources
Resources 583-3800
(703) 583-3800 Director
www.deq. virginia.gov
www.deq.virginia.gov Thomas Faha
Thomas A. Naha
Regional
Regional Director

VIRGINIA
VIRGINIA WASTE MANAGEMENT BOARD BOARD
ENFORCEMENT ACTION -- ORDER BY CONSENT
TO
ISSUED TO
COUNTY
FAUQUIER COUNTY
FOR
FOR
SOLID
FAUQUIER COUNTY SOLID WASTE MANAGEMENT FACILITY
MANAGEMENT FACILITY
Solid Waste Permit No. 149

A: Purpose
SECTIONA:
SECTION

This
This is
is a Consent issued under
Order issued
Consent Order ofVa.
the authority of
under the Va. Code between the
10. 1-1455, between
Code § 10.1-1455,
Virginia Waste Management Board and and the
the Fauquier County, regarding the
the Fauquier County
County
Solid Waste Management
Management Facility for the purpose of
for the of the
of resolving violations of Waste
the Virginia Waste
Management
ManagementAct andthe
Act and applicablepermit
the applicable andregulations.
permit and

Definitions
SECTION B: Definitions
SECTION

Unless
Unless the
the context indicates otherwise, the
context clearly indicates words and
the following words have the
and terms have
meaning assigned to them below:
below:

1.
1. "Board"
"Board" means
means the
the Virginia Waste Management Board,
Virginia Waste citizens' board
Board, a permanent citizens' hoard of
the
the Commonwealth of Virginia, as
ofVirginia, in Va.
described in
as described §§ 10.1-1184
Code §§
Va. Code -1401.
and -1401.
10. 1-1184 and

2. "Department"
"Department" or the Department of
or "DEQ" means the an agency of
Environmental Quality, an
ofEnvironmental
the
the Commonwealth
Commonwealthof asdescribed
Virginia, as
ofVirginia, Va. Code
in Va.
describedin 10. 1-1183.
Code§§ 10.1-1183.

3.
3. "Director" means the
the Director of Department of
the Department
of the Environmental Quality, as
ofEnvironmental described
as described
in Va.
in § 10. 1-1185
Code 10.1-1185.
Va. Code
Consent Order
Order
Fauquier County; Solid Waste Permit No.
Solid Waste 149
No. 149
Page
Page 2 of
of 99

4.
4. "Facility"
"Facility" or "Landfill" means
or"Landfill" the Fauquier
means the Solid Waste
County Solid
FauquierCounty Facility
Management Facility
WasteManagement
located
located at
at 6438
6438 College
College Street in Warrenton,
Street in Virginia, which
Warrenton, Virginia, is owned
whichis operated by
andoperated
ownedand
Fauquier
FauquierCounty.

"Fauquier"means
5. "Fauquier" County, a political
FauquierCounty,
means Fauquier political subdivision ofthe
subdivisionof Commonwealthof
the Commonwealth
Virginia.
Virginia. Fauquier
Fauquier County is a "person" within
County is ofVa.
meaning of
the meaning
within the Va. Code 10. 1-1400.
Code § 10.1-1400.

6.
6. "Notice of
ofViolation" or
or "NOV" means a type of Va.
ofAlleged Violation under Va.
ofNotice of
10. 1-1455.
Code § 10.1-1455.
Code

7.
7. "NRO" means the
"NRO"means Regional Office
Northern Regional
theNorthern ofDEQ,
Officeof located in
DEQ,located Virginia.
Woodbridge, Virginia.
in Woodbridge,
8.
8. "Order"
"Order" means this
this document,
document, also or "Order by
as a "Consent Order" or
also known as Consent."
by Consent."

9.
9. "Permit"
"Permit" means
means Solid Waste Permit
SolidWaste (SWP)No.
Permit (SWP) 149which
No. 149 wasissued
whichwas theVirginia
under the
issuedunder
Waste Management Act
Act and
and the Regulations to
the Regulations Febmary 4,
on February
to Fauquier County on 1974.
4, 1974.

10.
10. "Regulations"
"Regulations" or the Virginia Solid
or "VSWMR" means the Regulations,
Solid Waste Management Regulations,
9
9VAC20-Sl-10etseq.
VAC 20-81-10 et seq.

11.
11."Va.
"Va. Code"
Code"means theCode
meansthe Virginia(1950),
ofVirginia
Codeof as amended.
(1950), as

12.
12. "VAC" means the Code.
Virginia Administrative Code.
the Virginia

13.
13. "Virginia Waste Management
Management Act" means Chapter 14 14 (§ 10.1-1400 etseq:)
10. 1-1400 et seq.) of 10.1
ofTitle 10.1
ofthe Va. Code. Article (Va.
of the Va. Code. Article 2 (Va. Code
Code §§
§§ 10. 1-1408.
10.1-1408.1 1 through-1413.
through 1)
-1413.1) of
of the
the Virginia
Waste
Waste Management Act addresses
Management Act Solid Waste
addresses Solid Management.
Waste Management.

SECTION
SECTION C: Findings of Fact
Findin2s of of Law
and Conclusions of
Fact and

1.
1. On
On February
Febmary 4,
4, 1974,
1974, Fauquier was to operate a Sanitary Landfill by
was granted a permit to the
by the
Commissioner of Virginia Department of
the Virginia
ofthe to the
predecessor-in-interestt to
of Health, predecessor-in-interes
ofDEQ.
Director of

2.
2. Fauquier beganoperating
Fauquierbegan Facility in
the Facility
operating the Fauquierstopped
1975. Fauquier
in 1975. municipal
accepting municipal
stopped accepting
solid waste at
at the
the Facility in 1996. Fauquier continued to
in 1996. construction and
to accept construction
demolition
demolition debris from surrounding
surrounding Virginia counties through June 2011,
Since 2011,
June 2007. Since
Fauquier hasmined andrecycled
Fauquier has mined and recycled construction and demolition debris
and demolition the Facility.
from the
debris from Facility.
Operations at
at the
the Facility are
are subject to the Virginia Waste Management Act, the
to the the
andthe
Regulations, and
Regulations, the Permit.

3.
3 On
OnFebruary
February 10, 2016, Department
10,2016, staffinspected
Department staff theFacility
inspected the for compliance
Facilityfor the
withthe
compliance with
requirements of
ofthe
the Virginia Waste Management Act, the
Virginia Waste and the
the Regulations and Permit.
the Permit.
Consent Order
Fauquier SolidWaste
County; Solid
FauquierCounty; PermitNo.
WastePermit 149
No. 149
Page
Page 3 of
of 9

Based
Basedon
onthe
the inspection andfollow-up
inspection and staffmade
Department staff
follow-up information, Department following
thefollowing
madethe
observations:

a.
a. Leachate
Leachatewaswasobserved
observed seeping from the
seepingfrom western, and
eastern, western,
theeastern, slopes of
southern slopes
andsouthern
the
theFacility.
Facility. The seepingfrom
leachateseeping
Theleachate ofthe
portion of
from a portion southernand
thesouthern andwestern
slopes
slopes of
of the
the Facility
Facility flowed
flowed into
into a drainage
drainage ditch
ditch which
which flowed
flowed into
into an unnamed
anunnamed
water
water body that
that appeared to
to flow into
into Mill Run. The
The leachate seeps on
on the
the eastern
eastern
and
and portions ofofthe
the southern slopes of the Facility appeared to
of the into
to flow into
sedimentation basins located
sedimentation basins located onsite.
onsite. Fauquier
Fauquier did
did not
not have
have a VPDES
VPDES permit for
permit
this
this discharge.

b.
b. Soil
Soiland
andstraw wereobserved
straw were asmeasures
observed as takenby
measures taken Fauquierto
byFauquier leachate
minimize leachate
to minimize
seeps,
seeps, however DEQ staff
DEQ staff observed ongoing leachate seeps
seeps leaving the
the landfill
landfill
area
areaand
andflowing into a drainage
flowing into ditchwhich
drainageditch into an
flowedinto
whichflowed waterbody
unnamedwater
anunnamed
that
that appeared to
to flow into Mill Run, at
at the
the time of
of the
the inspection.
inspection.

c.
c. DEQ
DEQ records indicate that failed to
that Fauquier failed with oral
DEQ with
to provide DEQ within
oral notice within
24
24 hours,
hours, and
and written notice within
written notice five days
within five ofwhen
days of the leachate
when the seeps were
leachate seeps first
were first
observed.
observed.

4. 9 VAC
VAC20-81-140(A)(6)(a) statesthat
20-81-140(A)(6)(a) states shallnot
Landfillsshall
thatLandfills leachatefrom
allow leachate
not allow landfill
the landfill
fromthe
to drain or discharge into surface waters
to drain or discharge into surface waters except
except when
when treated
treated onsite
onsite and
and discharged into
into
surface water
water as
as authorized under a VPDES Permit.
VPDES Permit.

5.
5 99 VAC 20-81-210(F) states
VAC20-81-210(F) thatif
statesthat leachateseep(s)
ifa leachate occurs, the
seep(s) occurs, owneror
theowner shall
operatorshall
oroperator
repair the seep(s) and do the following: 1. Take all immediate steps
repair the seep(s) and do the following: 1. Take all immediate steps necessary
necessary to
to protect
protect
public
public health andsafety
healthand those required
including those
safetyincluding the contingency
bythe
required by 2. Take
plan. 2.
contingency plan.
immediate action to minimize,
immediate action to minimize, control, or
or eliminate the
the seep,
seep, and
and to
to contain
contain and properly
andproperly
manage the leachate at the source of
manage the leachate at the source of the
the seep.
seep. 3.
3. Any
Any leachate
leachate released
released outside
outside the
the lined
area
area permitted
permitted for
for waste
waste disposal shall beproperly collected and
shall be disposed.
and disposed.

6.
6. 99 VAC
VAC20-81-530(C)(3)
20-81-530(C)(3) states thepermittee
thatthe
states that report to
shall report
permittee shall department any
thedepartment
to the
noncompliance
noncompliance or orunusual condition that
unusual condition health or
endangerhealth
mayendanger
thatmay or environment. Any
information
information shall
shall be provided orally
beprovided within24
orally within 24 hours from the
hours from timethe
the time becomes
permittee becomes
thepermittee
aware of the circumstances.
aware of the circumstances. A written submission shall
shall also
also be
be provided within five
five
business daysof
businessdays ofthe time the
thetime permittee becomes
thepermittee awareof
becomesaware circumstances. The
the circumstances.
ofthe written
Thewritten
submission
submission shall
shall contain description of
contain a description thecircumstances and
ofthe andits cause;the
its cause; period of
theperiod of
the
theoccurrence, includingexact
occurrence, including datesand
exactdates times, and,
andtimes, ifthe
and, if circumstancehas
the circumstance been
not been
hasnot
corrected,
corrected, the
the anticipated
anticipated time expected to
is expected
time itit is also contain
shall also
to continue. ItIt shall taken
steps taken
contain steps
or
orplanned
planned to
to reduce,
reduce, eliminate,
eliminate, andandprevent reoccurrence of the circumstances
ofthe resulting
circumstances resulting
in
in an
an unusual
unusual condition or or noncompliance.
noncomphance.

7.
7. On
On February 19,
19, 2016, based on the
based on and follow-up information,
the inspection and the
information, the
Department
Department issued Notice of
issued a Notice Violation to
ofViolation for the
Fauquier for
to Fauquier described in
the violations described
above.
paragraphs C(3) through C(6), above.
Consent Order
Order
Fauquier County; Solid
Solid Waste 149
Waste Permit No. 149
Page
Page 4 of
of 9

8.
8. On
OnFebruary
Febmary26, 2016, Fauquier
26, 2016, submitted a written
Fauquiersubmitted response to
written response NOV. On
theNOV.
to the OnMarch 10,
March10,
2016,
2016, Department staff met
staff met with
with representatives
representatives ofFauquier
of Fauquier to
to discuss the
the violations,
violations,
including
includingFauquier's writtenresponse.
Fauquier'swritten

9.
9. The
The County
County submitted
submitted an Leachate Management Plan
updated Leachate
anupdated Plan to DEQ dated
to DEQ 22,
August 22,
dated August
2017. The
2017. The plan consisted of
of a phased approach for controlling
for controlling leachate which
which includes,
includes,
at
at minimum,
minimum, secondary
secondary and
and tertiary phases to effectively manage
order to
in order
phases in leachate
the leachate
manage the
SWP575
from SWP
from 575 and SWP149.
and SWP 149.

10.
10. Based
Basedononthe
the results ofthe
results of February10,
theFebruary 2016and
10, 2016 theMarch
andthe 10,2016,
March 10, meeting, the
2016, meeting,
Board
Board concludes that has violated 9 VAC 20-81-140(A)(6)(a),
that Fauquier has 20-81
20-81-140(A)(6)(a), 9 VAC 20-81-
210(F), and 9 VAC 20-81-530(C)(3), as described in paragraphs
210(F), and 9 VAC 20-81-530(C)(3), as described in paragraphs C(3)
C(3) through
through C(6),
C(6),
above.
above.

11.
11 In
Inorder
order for
for Fauquier
Fauquier to to compliance, DEQ
to return to staffand
DEQ staff ofFauquier
representatives of
and representatives Fauquier
have agreed to ofCompliance, which
the Schedule of
have agreed to the as Appendix A of
is incorporated as
which is this
ofthis
Order.
Order.

Order
Aereement and Order
SECTION D: Agreement

Accordingly, by
by virtue
virtue of
ofthe granted it
the authority granted Va. Code
in Va.
it in the Board
10. 1 1455, the
Code § 10.1-1455,
orders
orders Fauquier and Fauquier
Fauquier County, and County agrees
Fauquier County to:
agrees to:

1.
1. Perform
Perform the
the actions described in
actions described ofthis
Appendix A of
in Appendix Order; and
this Order;

2. Pay
Paya civil
civil charge $18, 375. 00 within
of$18,375.00
charge of 30 days
within 30 ofthe
days of effective date
the effective ofthe
dateof Order in
the Order
settlement
settlement of the violations
ofthe cited in
violations cited this Order.
in this

Payment
Payment shall
shall be
bemade
madeby bycheck,
check, certified check, money
certified check, orderor
money order cashier's check
or cashier's payable to
checkpayable the
to the
"Treasurer of to:
and delivered to:
Virginia, " and
ofVirginia,"

Receipts
Receipts Control
Department
Departmentof EnvironmentalQuality
ofEnvironmental
OfficeBox
Post Office
Post 1104
Box 1104
Richmond, Virginia
Virginia 23218
23218

Fauquier
FauquierCounty
County shall include its
shall include Federal Employer
its Federal Identification Number
Employer Identification (FEEN)with
Number (FEIN) civil
thecivil
with the
charge
charge payment
payment and
and shall indicate that
shall indicate payment is
the payment
that the is being made in
being made with
accordance with
in accordance the
requirements of
requirements of this
this Order
Order for
for deposit
deposit into
into the
the Virginia
Virginia Environmental Emergency Response
Emergency Response
Fund (VEERF). Ifthe Department
Fund (VEERF). If the Department has
has to
to refer
refer collection
collection of
of moneys
moneys due
due under
under this
this Orderto
Order the
to the
Department
Department ofof Law,
Law, Fauquier County shall be for attorneys' fees
be liable for of
fees of 30% of the amount
of the amount
outstanding.
Consent Order
Fauquier
Fauquier County; Solid
Solid Waste
Waste Permit No. 149
No. 149
Page
Page 5 of
of 9

Provisions
Administrative Provisions
SECTION E: Administrative

1.
1. The
The Board
Board may
may modify,
modify, rewrite,
rewrite, or
or amend Order with
this Order
amend this the consent
with the ofFauquier
consent of County
Fauquier County
for
for good
goodcause
causeshown byFauquier
shownby County, or
FauquierCounty, onits
or on ownmotion
its own to the
pursuant to
motion pursuant
Administrative Process
Administrative Process Act,
Act, Va.
Va. Code
Code § 2. 2-4000
2.2-4000 et
et seq.,
seq., after
after notice
notice and
and opportunity to be
to
heard.
heard.

2.
2. This
This Order
Order addresses and
and resolves only those violations specifically identified in in Section C of
this Order. This Order shall not
this Order. This Order shall not preclude the
the Board
Board or
or the
the Director from
from taking
taking any action
anyaction
authorized by law,
authorized by law, including
including but not limited to:
but not taking any
(1) taking
to: (1) action authorized by
anyaction bylaw
regarding any
regarding any additional,
additional, subsequent,
subsequent, or
or subsequently discovered violations; (2)
(2) seeking
seeking
subsequent remediation ofofthe or (3) taking subsequent action to
the facility; or Order.
the Order.
to enforce the

3.
3. For
Forpurposes
purposes of Orderand
thisOrder
ofthis subsequent actions
andsubsequent respectto
withrespect
actionswith tothis Orderonly,
thisOrder Fauquier
only, Fauquier
County
County admits
admits the
thejurisdictiona findings of
jurisdictionall allegations, findings and conclusions of
fact, and
offact, law
oflaw
contained herein.
herein.

4.
4 Fauquier
Fauquier County
County consents
consents to
to venue
venue in the Circuit
in the ofthe
Court of
Circuit Court City of
the City for any
ofRichmond for civil
anycivil
Order.
of this Order.
action taken to enforce the terms of

5. Fauquier County declares it has received fair

it has and due
fair and under the
due process under Administrative
the Administrative
Process
Process Act and the Virginia Waste
Act and the Virginia Waste Management Act and
Act and it
it waives
waives the
the right
right to any
to hearing
anyhearing
or
or other
other administrative
administrative proceeding
proceeding authorized or or required by or regulation, and
law or
by law to any
andto
judicial review
judicial review of
ofany issueof
anyissue factor
offact lawcontained
orlaw herein. Nothing
contained herein. hereinshall
Nothing herein be
shall be
construed
construed asasaa waiver
waiverof
ofthe right to
theright anyadministrative
to any proceeding for,
administrative proceeding tojudicial
orto
for, or review
judicial review
of, any action taken
of, any action taken by Board to
the Board
by the to modify, rewrite, amend, or enforce this Order.
amend, or enforce this Order.

6. Failure Fauquier County

by Fauquier
Failure by to comply with
County to anyof
with any the terms of
ofthe this Order
ofthis constitute aa
shall constitute
Order shall
violation of an order of the
violation of an order ofthe Board. Nothing herein shall waive the
herein shall waive the initiation of
of appropriate
appropriate
enforcement
enforcement actions or the
actions or issuance of
theissuance additional orders
ofadditional appropriate by
asappropriate
orders as bythe Boardor
theBoard the
orthe
Director as a result of such
Director as a result of such violations. Nothing herein
herein shall
shall affect
affect appropriate enforcement
enforcement
actions
actions by
by any
any other
other federal, state, or authority.
or local regulatory authority.

7.
7. If
Ifany provision of
anyprovision Orderis
thisOrder
ofthis foundto
is found unenforceable for
beunenforceable
to be anyreason,
forany theremainder
reason, the of
remainder of
the in full force and
the Order shall remain in effect.
and effect.

8.
8. Fauquier
FauquierCounty shallbe
County shall responsible for
beresponsible failureto
for failure comply with
to comply anyof
withany terms and
the terms
ofthe and
conditions ofthis Orderunless compliance
conditions of this Order unless compliance is
is made
made impossible
impossible by
by earthquake,
earthquake, flood,
flood, other
other
acts of
acts of God, war, strike, or such other unforeseeable circumstances
or such other unforeseeable circumstances beyond its
its control and not
and not
due
dueto to aa lack
lackofofgood faith or
good faith diligence on
ordiligence its part.
on its FauquierCounty
part. Fauquier demonstrate that
shall demonstrate
County shall that
suchcircumstances werebeyondits control
such circumstances were beyond its control and
and not
not due
due to
to a lack
lack of
of good
good faith
faith or
or diligence
diligence
on
onits
its part.
part. Fauquier
FauquierCounty
Countyshall
shall notify theDEQ
notify the Regional Director
DEQRegional within24
verbally within
Director verbally
hours
hours and
and inin writing
writing within three business days
within three are anticipated to
circumstances are
when circumstances
days when occur,
to occur,
are occurring, or have occurred
are occurring, or have occurred that maythat may delay
delay compliance
compliance or
or cause
cause noncompliance with
with any
requirement of Such notice shall set
of the Order. Such forth:
set forth:
Consent Order
Order
Fauquier County; Solid
Solid Waste 149
No. 149
Waste Permit No.
Page
Page 6 of
of 99

thereasons
a. the for the
reasonsfor ornoncompliance;
delayor
the delay

b. the duration of
the projected duration any such
ofany delay or
such delay noncompliance;
or noncompliance;

c. the
the measures taken and
and to
to be
be taken to such delay or
or minimize such
to prevent or noncompliance;
or noncompliance;
and

d. the
the timetable by
by which
which such be implemented
such measures will be the date
and the
implemented and compliance
date full compliance
be achieved.
will be

Failure
Failure to
to so
so notify the Regional
notify the Director verbally
Regional Director within24
verbally within andin
hours and
24 hours writing within
inwriting
three business days, ofof learning of
of any
any condition above, which
which the
the parties to assert
intend to will
assert will
result in the impossibility
result in the impossibility of
of compliance,
compliance, shall constitute a waiver of any claim to
of any to
to inability to
with a requirement of
comply with of this Order.
this Order.

9.
9 This
This Order
Orderisis binding
bindingon the parties
onthe hereto and
parties hereto anysuccessors
andany designees and
in interest, designees
successors in
assigns, jointly and
assignsJointly andseverally.
severally.

10.
10. This Order
Order shall by both
shall become effective upon execution by the Director or
both the his designee and
or his
Fauquier County. Nevertheless,
Nevertheless, Fauquier County agrees to be by any
be bound by date
compliance date
any compliance
which
whichprecedes the effective
precedes the date of
effective date this Order.
ofthis

1 This
11. Order shall
This Order continue in
shall continue effect until:
in effect

a.
a. The
The Director oror his
his designee terminates after Fauquier County has
the Order after
terminates the completed
has completed
all
all of the requirements
of the requirements of the
of the Order;

b. Fauquier
Fauquier County petitions thethe Director his designee
or his
Director or the Order
to terminate the
designee to after itit has
Order after
all of the requirements ofthe
completed all of the requirements of the Order and the
and the Director or his
or his designee approves
approves
the
the termination of the Order; or
of the

c.
c. the
the Director or
or Board terminates
terminates the in his
the Order in or its
his or days'
30 days'
its sole discretion upon 30
written notice to
to Fauquier
Fauquier County.
County.

Termination
Termination of
ofthis Order, or any obligation imposed in
or any in this Order, shall not to
not operate to
relieve Fauquier
relieve FauquierCounty its obligation
from its
County from comply with
to comply
obligation to statute, regulation, permit
anystatute,
withany permit
condition,
condition, other
otherorder, certificate, certification,
order, certificate, standard,or
certification, standard, requirement otherwise
or requirement
applicable.

12.
12. Any plans, reports, schedules or
or specifications
specifications attached hereto or Fauquier
by Fauquier
or submitted by
County and
and approved by the Department pursuant to
by the to this are incorporated
Order are
this Order this
incorporated into this
Order. Anynon-compliancewith
Order. Any non-compliance with such
such approved
approved documents
documents shall
shall be
be considered
considered a violation
of this
of Order
this Order.
Consent Order
Order
Fauquier
FauquierCounty;
County; Solid
Solid Waste
Waste Permit
Permit No. 149
149
Page
Page 7 of
of 99

13.
13. The
Theundersigned
undersignedrepresentative
representative ofofFauquier Countycertifies
Fauquier County certifiesthat
thathe
heoror she
sheis
is a responsible
official
official authorized
authorizedto enter
enter into
into the
the terms
terms and
and conditions
conditions of
of this
this Order
Order and
and to execute
execute and
legallybind
legally bindFauquier
FauquierCounty
Countyto to this
this document.
document. Any
Anydocuments
documentsto to be
besubmitted
submittedpursuant
pursuantto
this Order
this Ordershall also be submittedby responsible officialofFauquierCounty.
shall also be submitted by a responsible official of Fauquier

14.
14. This
This Order
Order constitutes the
the entire agreement and
and understanding of
of the
the parties concerning
concerning
settlement
settlement of
ofthe
the violations
violations identified
identifiedin
in Section
SectionC of
ofthis
this Order,
Order, and
and there
there are
are no
representations, warranties, covenants, terms oror conditions agreed
agreed upon
upon between
between the
the parties
parties
other
other than
than those
those expressed in
in this
this Order.
Order.

15.
5. By
By its
its signature below, Fauquier
Fauquier County voluntarily agrees
agrees to
to the
the issuance
issuance of
of this
this Order.
Order

rL
Anditit is
And isso
soORDERED
ORDEREDthis
this 3° dayof
day of klo^^^r
X[o oe 0, r , , 2017.
2017.

Thomas A. Faha,
Faha, Regional Director
Director
Department of
of Environmental Quality
Quality

(Remainder of
-(Remainder of Page
PageIntentionally
Intentionally Blank)
Blank)-
Consent
Consent Order
Fauquier County; Solid Waste Permit No. 149
Solid Waste 149
Page 8 of
Page of 99

voluntarily agrees
County voluntarily
FauquierCounty
Fauquier agrees to issuanceof
the issuance
to the this Order.
ofthis

Date: /0- 2-5"--/7

Date: /<?-^T-/7 By:' -^^^-^ , , _Jr?" e carte,4",e-;
^^^ ^r^^/^^t^
^erson)
erson) (Title)
(Title)
FauquierCounty
Fauquier

Commonwealth ofVirginia
Commonwealthof Virginia
Gity/County of .FSu3<?(ds^-
ity/County of

The foregoing document was

The was signed and acknowledged before
signed and before me this ZOL
me this L day
^-^-=? day of
Od^er , , 2041,
Oth.kxer 2015, by •--PO L^A <5. fTt(?AjYVa
PcLuk _
who is

^Q0r\<4*( l-^CU/Tf\< ni.atrarrf on behalf

ier County on
Fauquier
fttSlyzJ^ofFauqu behalfof Fauquier County.
of Fauquier County

icrxx*J. QpcQ^cr^.
i.na."--7: Go
Notary
Notary Public
Public

cS?Si9^ff
cD-cia4-18
RegistrationNo.
Registration

Clan
My commission expires: C^\Cf.
My r\ s3 2026
.3 1(t 202(^

Notary
Notaryseal: REGINA OODSON
REGINA T DODSON
Notary Public
Notary
CommonwMlthof
Commonwealth Virginia
ofVirginia
229248
My Commission
^y CommissionExpires Jan31,
ExpiresJan 2Q20
31 ,2020

ASTO
APPROVEDAS
APPROVED FORM
TO FORM\

,
^2l^A
(1 _- j^4n-
JA
9.‘/)1' IP
DATE
TE
I7

'7cA(jNTY ATTY.
NTY ATTY.
Consent Order
Order
Fauquier County; Solid
Solid Waste
Waste Permit No. 149
149
Page
Page 9 of
of 99

APPENDIX A
SCHEDULE OF COMPLIANCE
SCHEDULE OF

Fauquier
FauquierCounty
Countyshall:

1.
1. Submit
Submit toto DEQ
DEQ forfor review within
within 9090 days
days of DEQ's approval of
ofDEQ's of this
this Schedule
Schedule anan unstamped
unstamped
designdrawing
design drawingproviding
providingforfor a leachate
leachatecollection
collectionsystem
systemto to be
be constructed
constructed inin the
the field
field based
uponthe
upon the location
locationof ofprobable
probableseepsseepsthat
that consolidate
consolidateaffected
affectedsumps
sumps into
into a series
seriesof 8,000 gallon
of8,000
tanks. The shall
The tanks shall be be pumped out on
out on a routine basis to
basis to prevent them from overflowing. The
system will bebe expanded
expanded as-needed
as-needed to address future problematic seep
to address seep areas.
areas. The
The components of
the
the system, including but tank design, and
not limited to, sub-drains, tank
but not and any
any appurtenances, shall
shall be
confirmedby qualified engineerto be acceptablefor landfill usageandcompatiblewithclosure
confirmed by a qualified engineer to be acceptable for landfill usage and compatible with
design. The
The County shall the tanks and
shall install the and sub-drains andand begin
begin utilizing the
the collection
collection
system within
within 9090 days of receipt of
days of of approval of the unstamped design
of the design by DEQ, weather
by DEQ,
permitting, oror as
as soon
soon thereafter asas practicable in the event
in the event installation isis not
not feasible
feasible due
due to
contractor availability and weather conditions. Notwithstanding the
and weather the foregoing, the
the County
County
agrees
agrees that
that all
all work
work shall be completed no
shall be no later
later than
than one
one year
year from the
the date of this
date of this Agreement
Agreement
and
and as
as expeditiously as as possible. TheThe County shall
shall submit an as-built engineered drawing
an as-built drawing ofof the
collection system uponupon its
its completion to be included in
to be in the
the Closure Plan.
Plan.

Submitan
2. Submit anupdated
updatedClosure
Closure Plan
Planfor
for SWP
SWP149 149 to
to DEQ
DEQforfor review
review within
within180
1 80 days
daysof
ofDEQ's
DEQ's
approval of
of this
this Schedule. InIn the event that the
the event that the Closure Plan for SWP
Plan for SWP 149149 discloses a necessity
necessity
for
for revisions to
to the
the closure plan for SWP
plan for SWP 575,
575, such
such revisions shall
shall also
also be by June
be submitted by June 20,
2018.
2018.

The County shall, subject to

3. The any necessary permit revision, be
to any be authorized on
on an
an interim basis
to lower
to and smooth landfill 149
lower and 149 by
by grading and filling the
grading and with soil, concrete, glass
the valley with glass and
fines on a pre-closure
fines on pre-closure basis.

4. Contact
Contact

Unless otherwise specified

specified in
in this Fauquier shall
this Order, Fauquier all requirements of
shall submit all
ofthis
Appendix A of this Order
Order to:
to:

VirginiaDepartment
Virginia of Environmental
Department of Environmental Quality
Northern
Northern Regional
Regional Office
13901 Crown Court
13901 Court
VA22193
Woodbridge, VA 22193