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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 85. Coal Combustion Byproduct Regulations
11/23/2024

9VAC20-85-120. Closure criteria.

A. The owner or operator shall install a final cover system that is designed and constructed to:

1. Minimize infiltration through the closed fossil fuel combustion products site by the use of an infiltration layer that contains a minimum 12 inches of earthen material; and

2. Minimize erosion of the final cover by the use of an erosion control layer that contains a minimum of six inches of earthen material and is capable of sustaining the growth of indigenous plant species or plant species adapted to the area.

B. The use of the property after closure shall not disturb the integrity of the final cover, unless the purpose of the disturbance is to construct buildings, paved roadways, paved parking surfaces, paved walkways and sidewalks, or other similar facilities.

C. Within 90 days after placement of the final cover is complete, the owner or operator shall submit:

1. To the local land recording authority, a survey plat prepared by a professional land surveyor registered by the Commonwealth, indicating the location and dimensions of the placement areas. The plat filed with the local land recording authority shall contain a note, prominently displayed, which states the owner's or operator's future obligation to restrict disturbance of the site.

2. To the department, a statement signed by a registered professional engineer that construction has been completed in accordance with and meeting the requirements of (i) the design plans, specifications, and the design report of 9VAC20-85-80, (ii) 9VAC20-85-90 (operational requirements) and (iii) 9VAC20-85-100 through 9VAC20-85-140 (closure requirements).

Statutory Authority

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

Historical Notes

Derived from VR 672-20-20 § 3.6, eff. February 22, 1995; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006.

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