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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 85. Coal Combustion Byproduct Regulations
3/29/2020

9VAC20-85-150. General.

Part IV
Administrative Requirements

A. Notwithstanding any provisions of Part V of the Solid Waste Management Regulations, 9VAC20-81, the owner or operator of a site which manages only fossil fuel combustion products allowed under 9VAC20-85-40 shall not be required to have a solid waste management facility permit, neither must a fossil fuel combustion products facility operator certified by the Board for Waste Management Facility Operators directly supervise operations at the site, if the owner or operator at least 30 days prior to initial placement of fossil fuel combustion products provides to the appropriate department regional office and verifies receipt of:

1. A certification that it has legal control over the fossil fuel combustion products site for the project life and the closure period. For the purposes of this section, on a coal mine site permitted by the DMME, demonstration of legal right to enter and begin surface coal mining and reclamation operations shall constitute compliance with the provisions of this section.

2. A certification from the governing body of the county, city, or town in which the fossil fuel combustion products site is to be located that the location and operation of the fossil fuel combustion products site are consistent with all applicable ordinances, with the exception of projects permitted by the DMME.

3. A general description of the intended use, reuse, or reclamation of fossil fuel combustion products. Such description will include:

a. A description of the nature, purpose and location of the fossil fuel combustion products site, including a topographic map showing the site area and available soils, and geological maps. The description shall include an explanation of how fossil fuel combustion products will be stored prior to use, reuse or reclamation, if applicable;

b. The estimated beginning and ending dates for the operation;

c. An estimate of the volume of the fossil fuel combustion products to be utilized; and

d. A description of the proposed type of fossil fuel combustion products to be used, reused or reclaimed, including physical and chemical characteristics of the fossil fuel combustion products. The chemical description shall contain the results of TCLP analyses for the constituents shown in Table 1. The description shall also contain a statement that the project will not manage fossil fuel combustion products that contain any constituent at a level exceeding those shown in the table.

TABLE 1.
LIST OF CONSTITUENTS AND MAXIMUM LEVELS.

Constituent

Level, mg/lit

Arsenic

5.0

Barium

100

Cadmium

1.0

Chromium

5.0

Lead

5.0

Mercury

0.2

Selenium

1.0

Silver

5.0

4. A certification by a professional engineer licensed to practice by the Commonwealth that the project meets the locational restrictions of 9VAC20-85-70. Such certificate shall contain no qualifications or exemptions from the requirements.

5. A certificate signed by a professional engineer licensed to practice by the Commonwealth that the project has been designed in accordance with the standards of 9VAC20-85-80 if applicable. Such certificate shall contain no qualifications or exceptions from the requirements and plans.

6. An operational plan describing how the standards of 9VAC20-85-90 will be met.

7. A closure plan describing how the standards of Article 4 of Part III of this chapter will be met, if applicable.

8. A signed statement that the owner or operator shall allow authorized representatives of the Commonwealth, upon presentation of appropriate credentials, to have access to areas in which the activities covered by this chapter will be, are being, or have been conducted to ensure compliance.

B. The materials submitted under the provisions of subsection A of this section will be evaluated for completeness within 30 days of receipt by the appropriate department regional office. If the department notifies the applicant of deficiencies within 30 days, the applicant shall postpone any construction or activities proposed in the application for the department's approval until the department's approval has been received. If the applicant has not received a notice of deficiency within 30 days, the applicant can proceed.

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 § 4.1, eff. February 22, 1995; amended, Volume 23, Issue 04, eff. November 29, 2006; Volume 27, Issue 22, eff. August 3, 2011.

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