Administrative Code

Virginia Administrative Code
6/19/2021

Part VI. Special Wastes

9VAC20-81-610. General.

A. The requirements and standards contained in this part apply to solid waste that requires special handling and precautions and are in addition to the general requirements contained in Part III (9VAC20-81-100 et seq.), Part IV (9VAC20-81-300 et seq.), and Part VIII (9VAC20-81-800 et seq.) of this chapter, as applicable.

1. Facilities may receive solid waste that requires special handling for processing or disposal only with specific approval of the director or by specific provisions within the facility permit. The operator should contact the department for advice about new or unusual wastes and proper handling techniques. If it is not clear that a particular waste is within the authorized wastes that a permitted facility may receive, it is required that the operator receive a letter of clarification from the department before receiving the waste.

2. Nothing in this part shall limit or affect the power of the director, by his order, to prohibit storage, treatment, or disposal of any waste or require special handling requirements he determines are necessary to protect the public health or the environment.

B. The requirements and standards contained in this part also apply to specific materials that are used in a manner that constitutes disposal.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Parts 257 and 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 32, Issue 9, eff. January 27, 2016.

9VAC20-81-620. Asbestos-containing waste materials.

A. Applicability. The additional standards contained in this section apply to the management of all asbestos-containing waste materials (ACM) generated by asbestos mills, by manufacturing, fabricating, and spraying operations, and Regulated Asbestos Containing Material (RACM) as defined by 40 CFR Part 61, Subpart M, as amended, generated in the course of demolition and renovation of installations, structures or buildings, or other waste-generating activities. These requirements do not apply to naturally occurring asbestos. All definitions included in 40 CFR Part 61, Subpart M, as amended, are hereby by included by reference.

B. Waste preparation for disposal. In order for asbestos-containing waste materials to be accepted at the disposal site, these materials shall meet the transporting and packaging requirements for asbestos-containing waste materials according to 40 CFR Part 61, Subpart M, as amended, which is hereby incorporated.

C. Disposal of asbestos-containing waste materials. Each owner or operator of a solid waste disposal facility that receives asbestos-containing waste materials shall dispose of these materials according to the requirements of 40 CFR Part 61, Subpart M, as amended, which is hereby incorporated. In addition to the requirements of 40 CFR Part 61, Subpart M, as amended, each owner or operator of a solid waste disposal facility that receives asbestos-containing waste materials shall meet the following requirements:

1. All asbestos-containing waste materials generated in a manufacturing, fabrication, or spraying operation and all RACM generated in a demolition or renovation operation shall be disposed in a special purpose landfill or in a designated area of a sanitary landfill. Category I and Category II nonfriable ACM may be disposed in a landfill providing daily soil cover, providing that the operator is notified and other pertinent requirements of this part are met.

2. ACM may be disposed in asbestos disposal cells or units located at existing disposal facilities above the natural ground level, provided they comply with all other appropriate regulatory requirements contained in Part III (9 VAC 20-81-100 et seq.) of this chapter.

D. Closure and postclosure care. In addition to the requirements contained in Part III (9VAC20-81-100 et seq.) of this chapter, the owner or operator of a solid waste disposal facility receiving the asbestos-containing waste material shall, within 60 days of the closure of the site, record with the county clerk's office a notation on the deed to the facility property or any other document that would normally be examined during a title search that will in perpetuity notify any purchaser of the property that:

1. The property has been used for the disposal of asbestos-containing waste materials;

2. The copy of the survey plot and the record of location and quantity of asbestos-containing waste materials disposed are attached to the notation; and

3. The site is subject to regulation under 9VAC5-60-70.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-630. Wastes containing polychlorinated biphenyls (PCBs).

A. Definitions. The definitions provided in this subsection are derived from definitions in 40 CFR 761.3 and are provided here for the convenience of the regulated community. The definitions here have been altered from those appearing in the federal regulation in order to simplify the definitions to indicate the specific types of items that can or cannot be considered for disposal in a sanitary landfill. These definitions are not identical to the federal definitions. All terms that are used in this section and that are not defined in this subsection shall have the same meaning as in Part I (9VAC20-81-10 et seq.) of this chapter or 40 CFR 761.3, as amended. Nothing in this section shall be deemed to allow management other than as required by federal law and regulation.

"PCB cleanup waste" means nonliquid cleaning materials and personal protective equipment at any concentration including nonporous surfaces and other nonliquid materials such as rags, gloves, booties, other disposable personal protective equipment, and similar materials.

B. Solid wastes containing PCB concentrations between 1.0 ppm and 50 ppm are restricted to disposal in sanitary landfills or industrial waste landfills with leachate collection, liners, and appropriate groundwater monitoring as required in Part III (9VAC20-81-100 et seq.) of this chapter, except as allowed in subsection C of this section.

C. Other PCB wastes.

1. PCB bulk product wastes with concentrations above 50 ppm may be approved for disposal by the director on a case-by-case basis. Submissions prepared for the director's decision will include a description of the PCB waste indicating the material proposed for disposal and how the federal regulations under 40 CFR 761.62 apply to the material. Consistent with the procedures in 40 CFR Part 761, PCB bulk product wastes that are shredder fluff or plastics as defined above need not be tested for PCBs prior to disposal. However, other PCB bulk product waste that has been sampled in accordance with the protocols set out in 40 CFR Part 761 Subpart R and may be considered for disposal if the waste leaches PCBs at less than 10 micrograms per liter measured using a procedure used to simulate leachate generation. Requests for a director's determination must come from a permitted landfill. Alternatively, a landfill may modify its permit to incorporate a special waste acceptance plan that addresses PCB wastes. Facilities requesting to receive PCB bulk product waste must also meet the following provisions:

a. The landfill to receive the waste must have a liner system meeting the requirements of 9VAC20-81-130 J 1 a or an alternate liner approved under the provisions of 9VAC20-81-130 J 1 b or 1 c.

b. The landfill to receive the waste must have a leachate collection system consistent with 9VAC20-81-210.

c. Groundwater monitoring may not have detected Table 3.1 constituents above the maximum contaminant levels (MCLs) promulgated under § 141.2 of the Safe Drinking Water Act (40 CFR Part 141, Subpart B) or other established groundwater protection standard during the active life of the facility.

2. Consistent with 40 CFR Part 761, PCB articles such as PCB-contaminated electrical equipment, PCB hydraulic machines, or pipe that have previously contained PCB, which have been drained, may be disposed of in a sanitary landfill with leachate collection, liners, and appropriate groundwater monitoring as required in Part V (9VAC20-81-400 et seq.) of this chapter. PCB testing, draining and other preparation for disposal of the equipment, if required, will be consistent with 40 CFR Part 761.

D. Consistent with 40 CFR Part 761, PCB remediation waste with PCB concentrations greater than or equal to 50 ppm may not be disposed of in a sanitary landfill or industrial landfill. PCB remediation waste includes but is not limited to items such as soil, sediments, dredged materials, muds, and sludge. PCB cleanup waste as defined above may be disposed in a sanitary landfill with liners and a leachate collection system.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-640. Waste tires.

A. Unless exempt under 9VAC20-81-95, owners or operators of a solid waste management facility storing tires, to include sites engaged in speculative accumulation, shall obtain a permit in accordance with standards contained in Parts III (9VAC20-81-100 et seq.) or IV (9VAC20-81-300 et seq.) of this chapter as appropriate.

B. Owners or operators of solid waste management facilities that store waste tires in containers such as trailers shall, in addition to applicable requirements contained in Part IV (9VAC20-81-300 et seq.) of this chapter:

1. Establish and maintain a contractual agreement for prompt removal of the waste tires from the facility;

2. Obtain approval for the storage area from the local fire marshal, if required; and

3. Shall not store waste tires in excess of the quantity specified in the permit.

C. Owners or operators of solid waste management facilities that store or treat waste tires in piles shall, in addition to the applicable requirements contained in Part IV (9VAC20-81-300 et seq.) of this chapter:

1. Place the waste tires in piles that do not exceed five feet in height, exceed 50 feet in width, nor exceed 5,000 square feet in base surface area;

2. Provide a minimum separation distance of 50 feet between waste tire piles and between the waste tire piles and any structure. These separation areas shall be maintained free of obstructions and maintained in such a manner that emergency vehicles will have adequate access to all waste tire management areas.

3. Unless the waste tire pile is located at a sanitary or CDD landfill regulated under Part IV (9VAC20-81-300 et seq.) of this chapter:

a. Provide a berm of soil between all waste tire piles in the storage area. The berm shall extend as high as the height of the waste tire pile;

b. In addition to any material in the berm, for each waste tire pile, provide and maintain a stockpile of 20 cubic yards of soil within 200 feet of each pile; and

c. Provide a fence around the entire storage and treatment area to control access to the storage facility;

4. Not store waste tires in excess of the quantity specified in the permit.

D. More than 1,000 discarded tires shall not be stored at a landfill unless the permit expressly allows such storage. Tires disposed in a sanitary or construction/demolition/debris landfill shall be split, cut, or shredded before disposal and should be dispersed in the workface with other solid wastes. Alternate burial not incorporating cutting or splitting at a specific facility may be approved if the method will assure that tires will not emerge from the landfill.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-650. White goods.

Appliances and other white goods may be accumulated at a facility so long as 75% of the materials accumulated are removed from the facility annually. Restrictions for the disposal of white goods can be found in 9VAC20-81-140.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

9VAC20-81-660. Soil contaminated with petroleum products.

A. Applicability.

1. The specific requirements contained in this section apply to requests by the owner or operator to manage or dispose of petroleum- contaminated soil or absorbents, unless the facility's permit specifically allows disposal of the contaminated soil. Upon removal from the ground, the soil must be characterized and managed according to the appropriate regulations including 9VAC20-60 and 9VAC20-81.

2. Any contaminated soil from a state other than Virginia that is classified as a hazardous waste in the state of origin shall be managed as a hazardous waste. Such wastes are not acceptable for treatment, storage, or disposal at a solid waste management facility in the Commonwealth.

3. For purposes of this section "soil" shall include soil, sediment, dredge spoils, and other earthen material contaminated only by petroleum products.

B. Testing requirements.

1. Analytical methods. The facility shall use the appropriate EPA SW-846 method to determine the characteristics of the soil. The parameters that shall be investigated, include, but are not limited to, the following, as appropriate: RCRA hazardous waste characteristics (i.e., corrosivity, ignitability, reactivity, and toxicity); total metals; volatile organic compounds; semi-volatile compounds; total petroleum hydrocarbons (TPH), pesticides/herbicides; polychlorinated bi-phenyls (PCBs); presence of liquids; and total organic halides (TOX).

2. The department will determine, on a case-by-case basis, which tests are appropriate. Specific testing requirements may be waived if the department staff determines that the material was contaminated from a specific source such as chlorinated solvents from a drycleaner or petroleum products from an underground storage tank.

3. Sampling frequency. A minimum of one composite sample shall be analyzed for each required test for every 250 cubic yards of soil to be disposed. In the case of soil reclaimed by thermal treatment, a minimum of one sample shall be analyzed for every production day composited hourly. For quantities of soil greater than 2,500 cubic yards the sampling rates may be adjusted with the approval of the department.

C. Required information. Each generator must submit the following information to the department for review:

1. A statement from the generator certifying that the soil is nonhazardous waste as defined by the Virginia Hazardous Waste Management Regulations (9VAC20-60).

2. The amount of contaminated soil to be disposed.

3. A description of the sampling protocol and a copy of all applicable laboratory analyses.

4. If generated in a state other than Virginia, certification from the generator that the waste is not considered a hazardous waste in its state of generation.

5. The potential options for disposal of the material based upon the testing results, including, but not limited to disposal of a hazardous waste, disposal as a special waste, beneficial reuse as a fill material, or use as an alternate daily cover.

D. Disposal criteria.

1. Soils failing the TCLP test shall be managed in accordance with the Virginia Hazardous Waste Management Regulations (9VAC20-60).

2. Soils contaminated solely with petroleum related products including BTEX, TOX, or TPH shall be handled as follows:

a. Soils exhibiting greater than 100 milligram per kilogram (mg/kg) of TOX may not be disposed until separate approval from the department is granted. This request shall document the cause for the high TOX level.

b. If the concentration of total BTEX is greater than 10 mg/kg or TPH is greater than 500 mg/kg, the soil cannot be disposed of in any landfill unless the facility permit expressly allows such disposal.

c. If the concentration of TPH is greater than 50 mg/kg and less than 500 mg/kg and total BTEX is less than 10 mg/kg, the disposal of the contaminated soil may be approved for permitted landfills equipped with liners and leachate collection systems.

d. Soil containing less than 50 mg/kg TPH and total BTEX less than 10 mg/kg may be used as fill material. This soil, however, may not be disposed of closer than 100 feet of any regularly flowing surface water body or river, 500 feet of any well, spring or other groundwater source of drinking water, and 200 feet from any residence, school, hospital, nursing home, or recreational park area. In addition, if the soil is not to be disposed of on the generator's property, the generator shall notify the property owner that the soil is contaminated and with what it is contaminated.

3. Soil contaminated with compounds other than petroleum and that is not hazardous waste shall be disposed of according to the criteria approved by the department.

E. Exemptions.

1. Contaminated soil resulting from a petroleum storage tank release or from a spill qualifies for an exemption from the limits and/or testing specified in subdivisions D 2 a, b, and c of this section where the total volume of contaminated soil from a cleanup site is less than 20 cubic yards, and the contaminated soil is not a hazardous waste.

2. The department may approve the disposal of contaminated soil resulting from an emergency cleanup of a spill of petroleum products, provided that the waste is not hazardous.

3. Soil contaminated with petroleum products resulting from ordinary household functions may be disposed with the general household waste.

Statutory Authority

§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.

Historical Notes

Derived from Virginia Register Volume 27, Issue 12, eff. March 16, 2011.

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.