Virginia Law

A. Applicability.

1. The specific requirements contained in this section apply to requests by the owner or operator to manage or dispose of petroleum- contaminated soil or absorbents, unless the facility's permit specifically allows disposal of the contaminated soil. Upon removal from the ground, the soil must be characterized and managed according to the appropriate regulations including 9VAC20-60 and 9VAC20-81.

2. Any contaminated soil from a state other than Virginia that is classified as a hazardous waste in the state of origin shall be managed as a hazardous waste. Such wastes are not acceptable for treatment, storage, or disposal at a solid waste management facility in the Commonwealth.

3. For purposes of this section "soil" shall include soil, sediment, dredge spoils, and other earthen material contaminated only by petroleum products.

B. Testing requirements.

1. Analytical methods. The facility shall use the appropriate EPA SW-846 method to determine the characteristics of the soil. The parameters that shall be investigated, include, but are not limited to, the following, as appropriate: RCRA hazardous waste characteristics (i.e., corrosivity, ignitability, reactivity, and toxicity); total metals; volatile organic compounds; semi-volatile compounds; total petroleum hydrocarbons (TPH), pesticides/herbicides; polychlorinated bi-phenyls (PCBs); presence of liquids; and total organic halides (TOX).

2. The department will determine, on a case-by-case basis, which tests are appropriate. Specific testing requirements may be waived if the department staff determines that the material was contaminated from a specific source such as chlorinated solvents from a drycleaner or petroleum products from an underground storage tank.

3. Sampling frequency. A minimum of one composite sample shall be analyzed for each required test for every 250 cubic yards of soil to be disposed. In the case of soil reclaimed by thermal treatment, a minimum of one sample shall be analyzed for every production day composited hourly. For quantities of soil greater than 2,500 cubic yards the sampling rates may be adjusted with the approval of the department.

C. Required information. Each generator must submit the following information to the department for review:

1. A statement from the generator certifying that the soil is nonhazardous waste as defined by the Virginia Hazardous Waste Management Regulations (9VAC20-60).

2. The amount of contaminated soil to be disposed.

3. A description of the sampling protocol and a copy of all applicable laboratory analyses.

4. If generated in a state other than Virginia, certification from the generator that the waste is not considered a hazardous waste in its state of generation.

5. The potential options for disposal of the material based upon the testing results, including, but not limited to disposal of a hazardous waste, disposal as a special waste, beneficial reuse as a fill material, or use as an alternate daily cover.

D. Disposal criteria.

1. Soils failing the TCLP test shall be managed in accordance with the Virginia Hazardous Waste Management Regulations (9VAC20-60).

2. Soils contaminated solely with petroleum related products including BTEX, TOX, or TPH shall be handled as follows:

a. Soils exhibiting greater than 100 milligram per kilogram (mg/kg) of TOX may not be disposed until separate approval from the department is granted. This request shall document the cause for the high TOX level.

b. If the concentration of total BTEX is greater than 10 mg/kg or TPH is greater than 500 mg/kg, the soil cannot be disposed of in any landfill unless the facility permit expressly allows such disposal.

c. If the concentration of TPH is greater than 50 mg/kg and less than 500 mg/kg and total BTEX is less than 10 mg/kg, the disposal of the contaminated soil may be approved for permitted landfills equipped with liners and leachate collection systems.

d. Soil containing less than 50 mg/kg TPH and total BTEX less than 10 mg/kg may be used as fill material. This soil, however, may not be disposed of closer than 100 feet of any regularly flowing surface water body or river, 500 feet of any well, spring or other groundwater source of drinking water, and 200 feet from any residence, school, hospital, nursing home, or recreational park area. In addition, if the soil is not to be disposed of on the generator's property, the generator shall notify the property owner that the soil is contaminated and with what it is contaminated.

3. Soil contaminated with compounds other than petroleum and that is not hazardous waste shall be disposed of according to the criteria approved by the department.

E. Exemptions.

1. Contaminated soil resulting from a petroleum storage tank release or from a spill qualifies for an exemption from the limits and/or testing specified in subdivisions D 2 a, b, and c of this section where the total volume of contaminated soil from a cleanup site is less than 20 cubic yards, and the contaminated soil is not a hazardous waste.

2. The department may approve the disposal of contaminated soil resulting from an emergency cleanup of a spill of petroleum products, provided that the waste is not hazardous.

3. Soil contaminated with petroleum products resulting from ordinary household functions may be disposed with the general household waste.