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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 85. Coal Combustion Byproduct Regulations
11/5/2024

9VAC20-85-80. Design and construction.

This section prescribes design and construction standards for fossil fuel combustion products sites. The owner or operator of such a site shall submit appropriate design plans, specifications and a design report that address, at a minimum, the requirements contained in this section.

1. A survey benchmark shall be identified and its location referenced on drawings and maps of the site.

2. During construction and filling, off-site runoff shall be diverted around the use, reuse or reclamation areas. The uncovered active fossil fuel combustion products fill areas shall be graded to a maximum slope of 5.0% and a smooth surface maintained to provide for sheet flow runoff and to prevent dusting. Runoff from the use, reuse or reclamation area shall be controlled and contained by use of diversion ditches, sediment traps, berms or collection ponds in accordance with the site erosion control plan. The use, reuse, or reclamation projects shall be designed to divert surface water run on from a 25-year, 24-hour storm event. For projects permitted by the Virginia Department of Energy, the standards for runon, grading, and runoff shall be in accordance with the Coal Surface Mining Reclamation Regulations (4VAC25-130).

3. Finished side slopes shall be stable and be configured to adequately control erosion and runoff. Side slopes of 33% will be allowed provided that adequate runoff controls are established. Steeper side slopes may be considered if supported by necessary stability calculations and appropriate erosion and runoff control features. All finished slopes and runoff management units shall be supported by necessary calculations and included in the design report.

4. The finished top slope shall be at least 2.0% to prevent ponding of water, except where covered by a building, a paved roadway, a paved parking surface, paved walkways or sidewalks, or similar structures.

5. Specifications prepared by a registered professional engineer shall be provided that indicate the criteria for the placement of the fossil fuel combustion products based on the intended use of the site. Specifications will include lab and field testing to be performed, testing frequency based on the nature and source of the materials, and the required performance of the material based on the intended use of the site. All test methods will be in accordance with the Standard Guide for Design and Construction of Coal Ash Structural Fills, American Standard Test Method E2277-03 et seq., where applicable.

6. Upon reaching the final grade, the placed material shall be covered in accordance with the requirements of Article 4 of this part.

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 § 3.2, 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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