Administrative Code

Virginia Administrative Code
8/19/2022

Part II. Siting Criteria

Article 1
Scope of Review

9VAC20-50-50. Considerations.

Article 1
Scope of Review

The board shall consider the degree of hazard involved in any proposed operation in making a siting decision.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.

Historical Notes

Derived from VR672-01-5 § 2.1, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005.

Article 2
Categories of Facilities

9VAC20-50-60. Categories.

Article 2
Categories of Facilities

For the purposes of this chapter, hazardous waste facilities are broken down into five basic categories: (i) containerized or enclosed storage; (ii) closed treatment process with spill containment; (iii) open treatment process with spill containment; (iv) any above ground treatment with no spill containment; and (v) disposal without complete treatment and all other treatment/disposal methods.

A. Category I—Containerized or enclosed storage.

1. Description. A facility which is designed to store waste in above ground tanks, or portable containers as defined in 40 CFR Part 264 Subparts I and J, and § 10.1-1433 of the Code of Virginia provided that the area where the waste is stored meets at least the "containment" requirements specified in 40 CFR Part 264 Subpart I. In general, this section requires that the base under the storage area be free of cracks or gaps and is sufficiently impervious to contain leaks, spills or accumulated precipitation. It also must have sufficient containment capability to hold 10% of the volume of the containers stored, or the whole volume of the largest container, whichever is greater, and must be able to contain any run-off which might be involved. Containment requirements will be considered on a case-by-case basis. For the purpose of siting criteria, a facility which uses tanks must also conform to these requirements in order to be classified in Category I.

Examples include but are not limited to such facilities as:

a. A warehouse for storing 55 gallon drums.

b. A tank to store materials for loading into an ocean-going incineration vessel.

c. A storage tank associated with a land based treatment facility.

2. Consequences of loss of control. Because of the fairly simple operations involved and the extensive spill containment requirements, the consequences of loss control, for the purposes of siting, would be:

—Fire or explosion, or both.

B. Category II—Closed treatment process—with spill containment.

1. Description. A facility which is designed to treat hazardous waste by any method which did not involve venting, evaporating or exhausting potentially toxic concentrations of materials to the atmosphere, as measured at the active portion of the facility, under any normal or abnormal operating conditions. This could include chemical processes, such as acid neutralization, where the hazardous constituents in the waste are converted to nonhazardous materials or are precipitated out for disposal as a solid. It might also involve a process which separates the liquid portion of the waste from the solids, such as a centrifuging, mechanical or carbon filtration, settling or flotation, encapsulation, absorption, etc. If improper mixing or misoperation of the unit could cause a pressure build-up which could vent potentially toxic concentration of material to the atmosphere through a relief valve or similar device, this unit would not qualify as Category II. Systems which vent internally into a flash tank or similar device, however, would not necessitate a Category III classification since in that situation they would not be venting into the atmosphere. Furthermore, in order to qualify for this category, all processes must be in an area that meets the "containment" requirements specified for Category I such that a leak or rupture anywhere in the system would be contained for controlled disposition in accordance with all appropriate regulations.

An example is, but not limited to:

—Treatment in tanks.

2. Consequences of loss of control. These types of facilities are similar to those in Category I with respect to the health or environmental impact of loss of control except that there are likely to be more operations involving handling, movement, mixing, pumping or otherwise processing the waste. This, combined with the probability that more complex systems, different kinds of equipment, piping and controls are involved in Category II, makes the probability of loss of control somewhat greater than in Category I. However, because of the extensive spill containment requirements necessary to be classified as Category II, the consequences of loss of control are minimized. For the purpose of siting they would be:

—Fire or explosion, or both.

C. Category III—Open treatment process—with spill containment.

1. Description. A facility which is designed to treat waste by heating or burning, distillation, or any other reaction of process which involves a need to vent or exhaust any material to the atmosphere under normal operating conditions and which could, with a reasonable degree of probability, if misoperated or through malfunction or any loss of control, discharge a potentially toxic concentration of material, as measured at the active portion of the facility.

Facilities which have the potential for discharging only steam, air, nitrogen, or other nontoxic materials could be classified as Category I or II, providing they meet all other requirements for those categories. Heated storage tanks or rail cars which use steam in an outer shell or coils, for example, could be classified as Category I, even if it was periodically necessary to vent steam to the atmosphere.

In order to qualify for Category III, all tanks, containers or ancillary storage devices associated with processes must be in an area which meets the "containment" requirements specified for Categories I and II above.

An example is, but not limited to:

—Incineration.

2. Consequences of loss of control. The major difference between processes in this category and those in Category II is the possibility of (i) air quality degradation of sufficient magnitude to have the potential for causing health hazards, or (ii) environmental problems outside the facility from uncontrolled process discharges. Because it is so unlikely that any such discharge could be concentrated enough or last long enough to cause significant surface or groundwater degradation, this is not considered a consequence which would occur from loss of control. If, for some reason, there was a reasonable possibility that an airborne discharge from a facility could cause off-site surface or groundwater degradation, the facility would have to be classified in Category IV or V.

For the purposes of siting, the consequences of loss of control in Category III are:

a. Fire or explosion, or both.

b. Air quality degradation from process exhaust or venting as a result of loss of control.

D. Category IV—Above ground treatment—no spill containment.

1. Description. A facility which is designed to treat or store hazardous waste by any process or method which, with a reasonable degree of probability, through misoperation or any loss of control, could cause off-site surface or groundwater degradation.

These facilities need not meet the "containment" requirements specified for facilities in the three categories above in order to be classified in this category.

"Above ground" in this category means that the hazardous waste is all contained at or above the level of the ground where it is located. This qualification is based on providing a reasonable opportunity to see or become aware of a leak without depending on groundwater analysis. For example, this category could include a metal tank which rested directly on a cement pad (i.e., without support legs) even though part or all of the cement pad was actually below the ground, so long as the bottom of the tank was above ground level. If the bottom of the tank were below ground level resting directly on a manmade or earthen support such that the bottom of the tank could not be routinely inspected externally for leaks, the unit would qualify for Category V. In this latter example, if the tank were in a pit but was elevated from the base of the pit in such a manner as to allow routine inspection of the bottom to detect leaks it could be classified in Category IV. The use of underground piping by itself would not cause necessarily a facility to be classified in Category IV or V.

An example is, but not limited to:

—Land treatment.

2. Consequences of loss of control. In this category, there is no requirement for containment under treatment or storage units in the facility which might contain hazardous waste, and therefore, a spill or rupture could cause ground or surface water degradation. The restrictions included in this category would, however, minimize the possibility for leaks to go undetected for a significant length of time.

For the purpose of siting criteria, the consequences of loss of control are:

a. Fire or explosion, or both.

b. Airborne contamination, in the case of facilities which have the potential as described under Category III above.

c. Ground or surface water contamination.

d. Soil contamination.

E. Category V—Disposal without complete treatment and all other treatment/disposal methods.

1. Description. This category includes any disposal of hazardous waste by placing it in a facility where it will receive no further treatment or any treatment or storage method which does not meet the intent of one of the four categories above.

Facilities in this category would include all land disposal methods which did not involve destroying the waste or otherwise eliminating its hazardous characteristics before disposal.

This category would also include the use of such facilities as impoundments, lagoons, evaporating ponds, underground tanks, or other underground units as part of a treatment, storage or disposal process, providing that they are intended to contain hazardous waste. For this purpose, the term "underground" means that all or part of a unit is buried such that it cannot be routinely inspected for leaks or defects.

An example is, but not limited to:

—Land disposal.

2. Consequences of loss of control. These facilities have the highest degree of risk of surface or groundwater degradation because of the possibility for a leak to go undetected for a significant period of time. For disposal of units in this category there is also the added consideration of the risks associated with perpetual care of material which might be hazardous for many years. Facilities in this category could also be most prone to loss of control caused by floods.

For the purposes of siting criteria, the consequences of loss of control are:

a. Fire or explosion, or both.

b. Airborne contamination from evaporation or from sources described in Category III above.

c. Ground or surface water contamination.

d. Soil contamination.

F. General. Most facilities include several types of operation. For the purposes of classifying a proposed facility, the operation within the facility which is characterized by the highest category number shall determine which category shall characterize the facility. For example, if a facility had an operation which included both drum storage of waste under conditions that would meet Category I requirements and subsequently had on-site waste incineration step, the facility would fall in Category III because incineration is in a higher category than container storage. Another example might be a waste treatment facility with a completely enclosed neutralization process in which sulfuric acid contaminated water was mixed with lime. In this process, venting is not a significant part of the process. The result would be gypsum and water, neither of which would necessarily be hazardous material. If this process were fed from enclosed storage tanks the facility would be classified in Category II, assuming it met all the other requirements, because the enclosed neutralization process is in a higher category than enclosed storage. This would be true even if the gypsum were dried and piled on the ground and the water, after the acid was neutralized, was put in a pond prior to discharge into a river through a permitted waste water treatment facility, assuming that neither the gypsum nor the water would be classified as hazardous because of some other contaminant. If, however, in this latter example, the process generated a gas which needed to be vented to the atmosphere or which could be vented by a relief valve in an overpressure situation, the facility would have to be classified as Category III. Additionally, if the acid contaminated water was fed into this neutralization process from a pond (surface impoundment), the facility would be classified in Category V.

In making its determination of which category is appropriate for a proposed hazardous waste facility, the board shall consider the intent of each category as well as the specific descriptions above.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.

Historical Notes

Derived from VR672-01-5 § 2.2, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005.

Article 3
Prohibition on Siting

9VAC20-50-70. Goal of board.

Article 3
Prohibition on Siting

The goal of the board and this chapter is to protect the public health, quality of life and environment of the Commonwealth in Virginia from the improper siting of hazardous waste treatment, storage or disposal facilities. In achieving this goal, the board has determined that hazardous waste treatment, storage and disposal facilities should not be placed in certain specific locations of the state because of the environmentally sensitive nature of such locations and increased risk to health and environment by the placement of a hazardous waste facility in such locations. The criteria listed below and others as required by the board must be evaluated in the applicant's impact analysis.

A. No hazardous waste facility shall be sited in wetlands.

B. No hazardous waste facility shall be sited in a 100-year flood plain, or such larger area which the flood of record may have inundated, except as provided at commercial port facilities as provided in 9VAC20-50-80 A 6.

C. Underground injection of hazardous waste is not allowed in accordance with Virginia Hazardous Waste Management Regulations, 9VAC20-60.

D. No hazardous waste facility shall be sited in an area vulnerable to flooding resulting from dam failure. See definition of "Dam-related flood hazard areas."

E. No hazardous waste facility shall be sited over a sinkhole or less than 100 feet above a solution cavern beneath the facility associated with karst topography.

F. Facilities shall not be sited within areas designated by the National Park Service in the Registry of Natural Landmarks or sites listed on the National Register of Historic Places, and the Virginia Landmarks Register, unless the statute under which the designation of listing has been made authorizes the operation of such facilities in such areas.

G. Facilities shall not be sited in state, county and municipal parks, units of the National Park System, national recreation areas, state forests, the George Washington and Jefferson National Forests, state game lands, national wildlife refuges or national fish hatcheries unless the agency administering such lands has been given authority by statute or ordinance to allow the operation of such facilities on such lands.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.

Historical Notes

Derived from VR672-01-5 § 2.3, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005.

Article 4
Siting Limitations

9VAC20-50-80. Site criteria.

Article 4
Siting Limitations

The board, in making its determination to site a facility, conditionally or otherwise, or to deny an application to site a hazardous waste facility, will consider the criteria listed below in relation to the type of hazardous waste facility to be sited.

A. Limitations.

1. Water quality surface and groundwater.

a. The water resources of the state should be afforded the maximum protection reasonably possible. A major accident or leakage at a hazardous waste facility could lead to degradation of surface and groundwater in the vicinity of the facility. The degradation of the surface and groundwater could create a significant hazard to public health. Siting of a facility must take into account water quality problems which may result from the operation of the facility. The board will consider the following water quality characteristics and other factors determined appropriate for the type of facility:

(1) The proximity of the facility to surface and groundwaters, including aquifer recharge areas.

(2) The existing quality and current and future use of the surface and groundwaters.

(3) The risk to public health and the environment.

b. Category limits.

(1) Surface waters of the state are protected from point source and non-point sources of contamination by existing federal and state laws as administered by the State Water Control Board, the Virginia Department of Environmental Quality, and other agencies.

(2) Existing groundwater quality is to be protected from degradation based on the board's Anti-Degradation Goal for Groundwater and the provisions set forth in this section.

The board may require information on the following groundwater quality characteristics and other factors determined appropriate for Category I facilities. This information shall be provided for all other categories.

(a) Site geology/geohydrology;

(b) Depth to aquifers and thickness of overburden;

(c) Presence of fractures and faults, joints, solution cavities;

(d) Thickness of soil/saprolite layer;

(e) Present and potential aquifer use;

(f) Aquifer recharge/productivity;

(g) Proximity to sensitive receptors;

(h) Aquifers hydraulic characteristics:

(i) Hydraulic conductivity,

(ii) Transmissivity,

(iii) Storage coefficient,

(iv) Head distribution;

(i) Cation/anion exchange capacity.

And all other site characteristics requested.

For all systems and supplies, more restrictive limitations of other state agencies shall apply.

2. Community/noncommunity water system and supply surface water.

a. A hazardous waste facility should not be sited so that a community/noncommunity water system and supply of surface water would be jeopardized by the construction, operation, and close-out of the facility.

b. Category limits.

(1) Category I, II, or III facilities may be sited in proximity to a community/noncommunity drinking water system and supply of surface water if the construction, operation, and close-out of the proposed facility do not pose an unreasonable risk to the community/noncommunity water system and supply of surface water and the applicant demonstrates that the facility is designed and will be constructed, operated, and closed-out in a manner which will protect the public water system and supply of surface water from contamination by spills at the facility and demonstrates that spill containment at the facility is adequate to contain all spills. (See definition of "Proximity to a community/noncommunity water system and supply of surface water.")

(2) A category IV or V facility shall not be sited in proximity to a community/noncommunity water system and supply of surface water.

3. Community/noncommunity water system and supply groundwater.

a. The degradation of a community/noncommunity water system and supply of groundwater may create a significant hazard to public health. All community/noncommunity public water systems and supplies of groundwater should be adequately protected from the threat of degradation from a hazardous waste facility.

b. Category limits.

(1) Category I, II, and III facilities may be sited in proximity to a community/noncommunity water system and supply of groundwater if the construction, operation, and close-out of the proposed facility do not pose an unreasonable risk to the community/noncommunity water system and supply of groundwater and the applicant demonstrates that the facility is designed and will be constructed, operated, and closed-out in a manner which will protect the community/noncommunity water system and supply of groundwater from degradation by spills at the facility and demonstrates that spill containment at the facility is adequate to contain all spills. (See definition of "Proximity to a community/noncommunity water system and supply of groundwater.")

(2) Category IV and V hazardous waste facilities shall not be sited in proximity to any community/noncommunity water system and supply of groundwater.

4. Private water system and supply surface and groundwater.

a. A private water system and supply of surface and groundwater should be protected from the threat of degradation from a hazardous waste facility.

b. Category limits.

(1) Category I, II or III facilities may be sited in proximity to a private water system and supply of surface or groundwater if the construction, operation, and close-out of the proposed facility do not pose an unreasonable risk to the private water system and supply of surface and groundwater and the applicant demonstrates that the facility is designed, and will be constructed, operated, and closed-out in a manner which will protect the private water system and supply of surface and groundwater from degradation by spills at the facility and demonstrates that spill containment at the facility is adequate to contain all spills.

(2) Category IV and V facilities may be sited in proximity to a private water system and supply of surface or groundwater if the applicant demonstrates that a reasonable alternative drinking water supply to the existing drinking water supply is available and provides financial resources to develop the alternative supply should it become necessary due to degradation of the existing water supply resulting from a spill or leaks from the facility.

Water quality and geohydrologic studies as provided in 9VAC20-50-80 A 1 shall be conducted to reveal the potential for siting impacts and to indicate the level of risk associated with the proposed facility.

5. Air quality.

a. Siting of a facility must take into account air quality problems which may result from the operation of the facility or accidental fires and explosions which may occur. The board shall consider potential air quality problems which may occur as the result of historical or estimated meteorological conditions and to what extent such respective problems and conditions will affect neighboring communities. In considering air quality the board will consider the following characteristics and other factors determined appropriate for the type of facility:

(1) The characteristics (stability) of the atmosphere which affect the site;

(2) The population, present and projected, in relation to the facility and prevailing wind;

(3) Characteristics of the wind.

b. Category I-V facilities may be sited if the construction and operation of the proposed facility do not pose an unacceptable risk to public health and the applicant demonstrates that the facility is designed and will be constructed, operated and maintained in a manner which will protect the public health during normal operation or in the event of accidental releases.

6. Commercial port facilities.

a. An accident at a hazardous waste storage facility at a commercial port facility could result in immediate contamination of surface water and create a significant risk to public health and safety. Additional consideration should be given to storage facilities for hazardous waste at commercial port facilities based on the special risks posed.

b. Category I facilities for the temporary storage of hazardous wastes destined for import, export or ocean incineration, which are sited at port facilities specifically designed for commercial shipping, may be allowed if those facilities are designed for the storage of hazardous wastes and have been designed and will be constructed to withstand the 100-year flood and the flood of record at the port facility.

7. Endangered and threatened species habitat.

a. The board shall focus on adverse impacts of the facility on endangered and threatened species or critical habitat for wildlife generally and the extent to which mitigation measures can be effectively implemented.

b. A hazardous waste facility shall not be sited in locations where the siting, construction and operation of the proposed facility would occupy or threaten the known habitat or an endangered or threatened plant, insect, fish or wildlife species to the extent that the continued existence of the species is threatened.

8. Proximity to publicly designated areas.

a. Areas which are designated by federal, state and local governments for their exceptional characteristics are of special importance. These areas should be protected from unwarranted intrusion by the siting of hazardous waste facilities which could destroy the character, or use and enjoyment, and thus their objective, or their designation. The following categories are listed for their natural, scenic, historic, cultural and aesthetic values:

(1) Historic, cultural and natural sites and landmarks;

(2) The corridors of outstanding resource waters (wild, scenic and recreational);

(3) Publicly owned forest areas;

(4) Dedicated or designated open space;

(5) Public recreational areas;

(6) The Appalachian Trail or other federal and state designated trails;

(7) Wildlife refuges, fish hatcheries and game lands; and

(8) Scenic views.

b. Potential impacts of the proposed facility on the natural, scenic, historic, cultural and aesthetic values of the environment will be evaluated. The applicant must demonstrate that the construction and operation of the proposed facility will not impair the environmental and aesthetic qualities of the area. Distance from the publicly designated area to the facility will be taken into consideration.

9. Subsurface mining areas.

a. Areas where mineral resources of a solid, gaseous or liquid form have been removed by underground mining or drilling procedures or at the time of submission of the notice of intent are planned for removal are vulnerable to subsidence. Strong consideration should be given to the potential threat to the integrity of a proposed facility as a consequence of mining-related subsidence.

b. Category limits.

(1) Category I, II, and III facilities may be allowed in subsurface mining areas as defined in this chapter provided the applicant demonstrates that the facility is designed and will be constructed and operated such that the integrity of the facility will not be jeopardized by mine-related subsidence.

(2) Category IV and V facilities are not allowed in subsurface mining areas as defined in this chapter.

10. Slope.

a. Consideration should be given to the effect of the slope of the proposed site and adjacent lands with respect to waste management facilities including the speed at which uncontrolled releases may run off a site, site preparation techniques and costs, site design, operating procedures, site stability, potential for erosion, and visibility.

b. Category limits.

(1) Category I, II and III facilities may be allowed on slopes in excess of 15% if the applicant demonstrates that the facility is designed and will be constructed and operated such that the integrity of the facility will not be jeopardized.

(2) Category IV and V facilities are prohibited on slopes 15% or greater.

11. Active faults and seismic risk zones/seismogenic volume.

a. Major active fault zone and seismic risk zone/seismogenic volume features which are mapped by the U.S. Geological Survey, Virginia Department of Mines, Minerals and Energy, or other agency with the responsibility for such matters, or as discovered by site investigation by a professional geologist, may pose a potential for (i) seismic-related accidents, and/or (ii) associated degradation of ground and surface waters should a facility's containment measures be breached and leakage occur.

b. Category limits.

(1) Category I, II, and III facilities may be sited in proximity to an active fault or seismic risk zone/seismogenic volume if the construction and operation of the proposed facilities do not pose a risk to public health or the environment and the applicant demonstrates that the facility is designed and will be constructed, operated and maintained in a manner which will protect the public health and the environment from contamination by spills at the facility and demonstrates that spill containment at the facility is adequate to contain all spills.

(2) No Category IV or V facility will be sited within 305 meters (1,000 feet) of an active fault as mapped by the U.S. Geological Survey, the Division of Mineral Resources, Virginia Department of Mines, Minerals and Energy, or other agency with the responsibility for such matters or as discovered by site investigation by a professional geologist. No Category IV or V facility will be sited in proximity to an active fault or seismic risk zone/seismogenic volume unless the applicant demonstrates that the facility is designed and will be constructed, operated and maintained in a manner which will protect the physical integrity of the facility and protect the quality of ground and surface waters.

12. Risk of accident in transportation.

a. The board shall evaluate the risk associated with the transportation of hazardous waste to the proposed site. Accident risk is a function of the probability of an accident and the consequences of an accident, should one occur. The transport routes over which the wastes will be delivered to the site shall be considered by the board.

b. In considering risk of accident in transportation the board will assess:

(1) Mode of transport;

(2) Proposed highway/roadway system to be used;

(3) Accident rate of mode and route;

(4) Characteristics of structures within 0.5 mile of the route, i.e., schools, hospitals;

(5) Nature of transportation restrictions, i.e., traffic intersections, highway geometrics, traffic/railroad intersections, tunnels, bridges, toll booths, level of congestion;

(6) Schedule and frequency of deliveries, vehicle disposition plan in the event of facility shutdown;

(7) Potential adverse environmental or health effects in the event of an accident;

(8) Characteristics of the residential and nonresidential population within 0.5 mile of the transport route;

(9) Projected population and the rate of growth for areas within 0.5 mile of the transport routes during the 20-year period following initial site operation; and

(10) Host and affected community emergency response capability along the routes.

13. Proximity to major structures.

a. The linear distance from the site boundary to major structures must be considered (e.g., residence, airport, school, hospital, church, commercial centers, nursing home). Acceptable buffer zones separating residences and certain other types of sensitive populated structures from the types of operations conducted at hazardous waste sites are needed.

b. In reviewing the proposal, the board will assess:

(1) Proximity of airports, utilities and other major structures; and

(2) Characteristics of buffer zones.

14. Local government.

a. The site shall be considered for consistency with the local master land use plan or the pattern of already existing land uses or zoning ordinance of the host community where no comprehensive plan has been adopted. Consistency with local laws, ordinances, rules and regulations which have been adopted pursuant to a master land use plan will also be considered, including important farm land protection activities.

Further, the short and long term financial effects of the addition of the proposed facility to the locality shall be considered. Both the increased tax revenues and the added burden of providing services to the facility are important factors.

b. The board will assess both short and long term (20 years) effects:

(1) Consistency of site with the master land use plan, compatibility with existing land uses;

(2) Consistency with local laws, ordinances, rules and regulations;

(3) Local tax revenue generated;

(4) Public services required;

(5) Impact on property values; and

(6) Economic development impacts.

15. Fire and explosions.

a. Due to the nature of the wastes, special consideration must be given by the board to the potential for fires and explosions at the site. Because of the inherent quality of the wastes, the chief focus shall be on proposed safety measures and emergency response techniques.

b. In assessing the risk of fire and explosion, the board will evaluate:

(1) Distances from site to residential, commercial and industrial buildings, public highways, railroads.

(2) Minimum distances established by the board.

(3) Level of service for fire, police protection and emergency medical services and the applicant's emergency implementation plan.

(4) Proximity to fire department and fire fighting water supply.

(5) Measures to contain fire fighting water or other substance used in the event of accidents.

(6) Characteristics of the residential and nonresidential population within 0.5 mile of the site boundary.

(7) Projected population and the rate of growth for the area within 0.5 mile of the site boundary.

16. Soil characteristics.

a. Consideration should be given to the characteristics of the soils which affect the suitability of the site for the development proposed.

b. In reviewing the proposal, the board will assess the proposal based on, but not limited to, the following soil characteristics:

(1) Bearing qualities;

(2) Stability;

(3) Drainage; and

(4) Permeability.

B. Other factors. The board shall consider any other factors identified during the course of the certification process which are determined by the board to be relevant and impact the environment, quality of life, and public health, welfare or safety.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.

Historical Notes

Derived from VR672-01-5 § 2.4, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.