Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 160. Voluntary Remediation Regulations

9VAC20-160-40. Application for participation.

A. The application for participation in the Voluntary Remediation Program shall provide the elements listed in this subsection:

1. An overview of the project; reason for application for participation in the program.

2. A statement of the applicant's eligibility to participate in the program (e.g., proof of ownership, security interest, etc.).

3. A plat or map that indicates the approximate acreage and boundaries of the site. If the site is a portion of a larger property, then the plat or map shall show the approximate boundaries of both the site and the associated larger property.

4. A general operational history of the site.

5. A general description of information known to or ascertainable by the applicant pertaining to (i) the nature and extent of any contamination; and (ii) past or present releases, both at the site and immediately contiguous to the site.

6. A discussion of the potential jurisdiction of other existing environmental regulatory programs requiring remediation of the release being proposed for admittance to the program, or documentation of a waiver thereof.

7. An application signed by the applicant attesting that to the best of the applicant's knowledge all of the information as set forth in this subsection is true and accurate.

B. The department shall review the application for completeness and notify the applicant within 15 days of the application's receipt whether the application is administratively complete or incomplete. Within 60 days of the department's receipt of a complete application, the department shall verify whether or not the applicant and the site meet the eligibility criteria set forth in 9VAC20-160-30. The department reserves the right to conduct eligibility verification inspections of the candidate site during the eligibility verification review.

C. If the department makes a tentative decision to reject the application, it shall notify the applicant in writing that the application has been tentatively rejected and provide an explanation of the reasons for the proposed rejection. Within 30 days of the applicant's receipt of notice of rejection, the applicant may (i) submit additional information to correct the inadequacies of the rejected application or (ii) accept the rejection. The department's tentative decision to reject an application will become a final agency action under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) upon receipt of an applicant's written acceptance of the department's decision to reject an application, or in the event an applicant fails to respond within the 30 days specified in this subsection, upon expiration of the 30-day period. If within 30 days an applicant submits additional information to correct the inadequacies of an application, the review process shall begin again in accordance with this section.

Statutory Authority

§ 10.1-1232 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. June 26, 1997; amended, Virginia Register Volume 18, Issue 18, eff. July 1, 2002; Volume 30, Issue 9, eff. January 29, 2014; Volume 36, Issue 5, eff. December 12, 2019.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.