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 81. Solid Waste Management Regulations
3/28/2020

9VAC20-81-620. Asbestos-Containing Waste Materials.

A. Applicability. The additional standards contained in this section apply to the management of all asbestos-containing waste materials (ACM) generated by asbestos mills, by manufacturing, fabricating, and spraying operations, and Regulated Asbestos Containing Material (RACM) as defined by 40 CFR Part 61, Subpart M, as amended, generated in the course of demolition and renovation of installations, structures or buildings, or other waste-generating activities. These requirements do not apply to naturally occurring asbestos. All definitions included in 40 CFR Part 61, Subpart M, as amended, are hereby by included by reference.

B. Waste preparation for disposal. In order for asbestos-containing waste materials to be accepted at the disposal site, these materials shall meet the transporting and packaging requirements for asbestos-containing waste materials according to 40 CFR Part 61, Subpart M, as amended, which is hereby incorporated.

C. Disposal of asbestos-containing waste materials. Each owner or operator of a solid waste disposal facility that receives asbestos-containing waste materials shall dispose of these materials according to the requirements of 40 CFR Part 61, Subpart M, as amended, which is hereby incorporated. In addition to the requirements of 40 CFR Part 61, Subpart M, as amended, each owner or operator of a solid waste disposal facility that receives asbestos-containing waste materials shall meet the following requirements:

1. All asbestos-containing waste materials generated in a manufacturing, fabrication, or spraying operation and all RACM generated in a demolition or renovation operation shall be disposed in a special purpose landfill or in a designated area of a sanitary landfill. Category I and Category II nonfriable ACM may be disposed in a landfill providing daily soil cover, providing that the operator is notified and other pertinent requirements of this part are met.

2. ACM may be disposed in asbestos disposal cells or units located at existing disposal facilities above the natural ground level, provided they comply with all other appropriate regulatory requirements contained in Part III (9 VAC 20-81-100 et seq.) of this chapter.

D. Closure and postclosure care. In addition to the requirements contained in Part III (9VAC20-81-100 et seq.) of this chapter, the owner or operator of a solid waste disposal facility receiving the asbestos-containing waste material shall, within 60 days of the closure of the site, record with the county clerk's office a notation on the deed to the facility property or any other document that would normally be examined during a title search that will in perpetuity notify any purchaser of the property that:

1. The property has been used for the disposal of asbestos-containing waste materials;

2. The copy of the survey plot and the record of location and quantity of asbestos-containing waste materials disposed are attached to the notation; and

3. The site is subject to regulation under 9VAC5-60-70.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Volume 27, Issue 12, eff. March 16, 2011.

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.