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

9VAC20-160-70. Work to be performed.

A. The Voluntary Remediation Report shall consist of the following components: a site characterization, a risk assessment, a remedial plan, a demonstration of completion, and documentation of public notice. Each separate component of the Voluntary Remediation Report shall be submitted as listed in this subsection:

1. The site characterization component shall provide an understanding of the site conditions including the identification and description of each area of concern (or source); the nature and extent of releases to all media, including a map of the onsite and offsite vertical and horizontal extent of contaminants above levels consistent with 9VAC20-160-90; and a discussion of the potential risks posed by the release. If remedial activities have occurred prior to enrollment, this information shall be included.

2. The risk assessment component shall contain an evaluation of the risks to human health and the environment posed by the release, including an assessment of risk to offsite properties; a proposed set of remediation level objectives consistent with 9VAC20-160-90 that are protective of human health and the environment; and either recommended remediation actions to achieve the proposed objectives or a demonstration that no action is necessary.

3. The remedial action plan component shall propose the specific activities, a schedule for those activities, any permits required to initiate and complete the remediation, and specific design plans for implementing remediation that will achieve the remediation level objectives specified in the risk assessment component of the report. Control or elimination of continuing onsite sources of releases to the environment shall be discussed. Land use controls and any permits required for the remediation process should be discussed as appropriate. If no remedial action is necessary, the remedial action plan shall discuss the reasoning for no action.

4. The demonstration of completion component shall include the following, as applicable:

a. A detailed summary of the remediation implemented at the site, including a discussion of the remediation systems installed and a description of the remediation activities that occurred at the site.

b. A detailed summary of how the established site-specific objectives have been achieved, including (i) a description of how onsite releases (or sources) of contamination have been eliminated or controlled, and (ii) confirmational sampling results demonstrating that the remediation level objectives have been achieved and that the migration of contamination has been stabilized.

c. A description of any site restrictions including land use controls that are proposed for the certificate.

d. A demonstration that all other criteria for completion of remediation have been satisfied.

e. A statement signed by the participant or authorized agent that to the best of the participant's knowledge, the activities performed at the site pursuant to this chapter have been in compliance with applicable regulations.

5. The documentation of public notice component is required to demonstrate that public notice has been provided in accordance with 9VAC20-160-120. Such documentation shall, at a minimum, consist of copies of all of the documents required pursuant to the provisions of subsection E of 9VAC20-160-120.

B. It is the participant's responsibility to ensure that the investigation and remediation activities (e.g., waste management and disposal, erosion and sedimentation controls, air emission controls, and activities that impact wetlands and other sensitive ecological habitats) comply with all applicable federal, state, and local laws and regulations.

C. All work, to include sampling and analysis, shall be performed in accordance with Test Methods for Evaluating Solid Waste, USEPA SW-846, revised March 2009, or other media-specific methods approved by the department and completed using appropriate quality assurance and quality control protocols. All analyses shall be performed by laboratories certified by the Virginia Environmental Laboratory Accreditation Program (VELAP). Laboratory certificates of analysis shall be included with applicable reports.

D. While participating in the program, the participant shall notify the department in writing within 30 days of any change in property ownership and if the participant changes, then the new participant shall notify the department within 30 days of the change.

E. While participating in the program, the participant shall notify the department in writing within 30 days of any change in agent for the property owner or the participant.

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.

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