Administrative Code

Virginia Administrative Code
10/7/2022

Part II. Purpose and Applicability

9VAC20-85-30. Purpose.

The purpose of this chapter is to provide for the use of fossil fuel combustion products including coal combustion byproducts (CCB) and to establish appropriate standards for siting, design, construction, operation, and administrative procedures pertaining to their use, reuse, or reclamation.

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 § 2.1, eff. February 22, 1995; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006.

9VAC20-85-40. Applicability.

A. This chapter applies to all persons who use, reuse, or reclaim fossil fuel combustion products by applying them to or placing them on land in a manner other than addressed in 9VAC20-81-95 of the Solid Waste Management Regulations. 9VAC20-81-95 provides for the beneficial use of waste materials such as fossil fuel combustion products, and provides for conditional exemptions from regulation for fossil fuel combustion products. This chapter also applies to all persons who use, reuse, or reclaim 12,400 tons or less of unencapsulated CCR on the land in nonroadway applications.

B. This chapter establishes minimum standards for the owners or operators of coal mining facilities that accept CCB for mine reclamation or mine refuse disposal on a mine site permitted by the Virginia Department of Energy unless otherwise exempt under 9VAC20-81-95 D 18 of the Solid Waste Management Regulations. If the permit issued by the Virginia Department of Energy in accordance with the Coal Surface Mining Reclamation Regulations, 4VAC25-130, specifies the applicable conditions set forth in Parts III (9VAC20-85-70 et seq.) and IV (9VAC20-85-150 et seq.) of this chapter, the permittee is exempt from this chapter.

C. Conditions of applicability are as follows:

1. Persons using fossil fuel combustion products other than in a manner prescribed under this chapter, or managing fossil fuel combustion products containing any constituent at a level exceeding levels set forth in Table 1 in Part IV of this chapter, shall manage their waste in accordance with all applicable provisions of the Solid Waste Management Regulations, 9VAC20-81.

2. Materials that are accumulated speculatively, materials that are not utilized in a manner described in the operation plan required by 9VAC20-85-90, and off-specification materials that cannot be utilized or reprocessed to make them usable shall be managed in accordance with all appropriate provisions of the Solid Waste Management Regulations, 9VAC20-81.

3. Storage, stockpiling, and other processing or handling of fossil fuel combustion products, which may need to occur prior to their final placement or use, reuse, or reclamation, shall be in a manner necessary to protect human health and safety and the environment. For projects permitted by the Virginia Department of Energy, the storage, stockpiling, or handling of CCB shall be managed in accordance with the Coal Surface Mining Reclamation Regulations, 4VAC25-130.

4. Use, reuse, or reclamation of greater than 12,400 tons of unencapsulated CCR on the land in nonroadway applications shall be managed in accordance with all applicable provisions of the Solid Waste Management Regulations, 9VAC20-81.

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 § 2.2, eff. February 22, 1995; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006; Volume 27, Issue 22, eff. August 3, 2011; Volume 32, Issue 9, eff. January 27, 2016; Volume 38, Issue 7, eff. December 22, 2021.

9VAC20-85-50. Relationship to other regulations.

This chapter does not affect the Solid Waste Management Regulations, 9VAC20-81, or other pertinent regulations of the department or other agencies of the Commonwealth, except that persons subject to and in compliance with this chapter are exempt from the Solid Waste Management Regulations and the Financial Assurance Regulations for Solid Waste Facilities, 9VAC20-70, for those activities covered by this chapter.

Statutory Authority

§ 10.1-1402 of the Code of Virginia.

Historical Notes

Derived from VR 672-20-20 § 2.3, eff. February 22, 1995; amended, Virginia Register Volume 27, Issue 22, eff. August 3, 2011.

9VAC20-85-60. Enforcement and appeals.

A. All administrative enforcement and appeals taken from actions of the department relative to the provisions of this chapter shall be governed by the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The owner or operator of the fossil fuel combustion products site who violates any provision of this chapter will be considered to be operating an unpermitted facility as provided for in 9VAC20-81-40 of the Solid Waste Management Regulations and shall be required to either obtain a permit as required by Part V or close under Part III of 9VAC20-81.

C. The requirement to obtain a permit or to close the project shall not preclude additional action for remediation or enforcement, including (without limitations) the assessment of civil charges or civil penalties, as is otherwise authorized by law.

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 § 2.4, eff. February 22, 1995; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006; Volume 27, Issue 22, eff. August 3, 2011.

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