Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 85. Coal Combustion Byproduct Regulations

9VAC20-85-110. Exemptions from the closure requirements.

A. An owner or operator of a site that constructs a building, a paved roadway, a paved parking surface, paved walkways and sidewalks, or other similar structures on top of the fill within a reasonable time period of reaching the final grade not to exceed 12 months shall be exempt from the requirements of this article for the portions of the fossil fuel combustion products site directly under the construction area.

B. An operator of a coal mine site permitted by the Virginia Department of Energy who is reclaiming a site in conformance with the Coal Surface Mining Reclamation Regulations (4VAC25-130) shall be exempt from the closure requirements contained in the section.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941; 40 CFR Part 257.

Historical Notes

Derived from VR 672-20-20 § 3.5, eff. February 22, 1995; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006; Volume 38, Issue 7, eff. December 22, 2021.

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