Administrative Code

Virginia Administrative Code
10/7/2022

Part III. Management Standards

Article 1
Locational Restrictions

9VAC20-85-70. Locational restrictions.

Fossil fuel combustion products used, reused, or reclaimed on or below ground shall not be placed:

1. In areas subject to base floods unless it can be shown that fossil fuel combustion products can be protected from inundation or washout and that flow of water is not restricted, except for unamended coal combustion byproduct, which shall not be placed in areas subject to base floods;

2. With the vertical separation between the fossil fuel combustion products and the maximum seasonal water table less than five feet or bedrock less than two feet;

3. Closer than:

a. 100 feet of any perennial stream,

b. 100 feet of any water well (other than a monitoring well) in existence at the onset of the project,

c. 25 feet of a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones,

d. 100 feet of a sinkhole, or

e. 25 feet from any property boundary or, in the case of projects permitted by the Virginia Department of Energy, 25 feet from the permit boundary ( All distances are to be measured in the horizontal plane.);

4. In wetlands, unless applicable federal, state, and local permits are obtained; and

5. On the site of an active or inactive dump, unpermitted landfill, lagoon, or similar facility, even if such facility is closed.

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 § 3.1, eff. February 22, 1995; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006; Volume 26, Issue 11, eff. March 3, 2010; Volume 32, Issue 9, eff. January 27, 2016; Volume 38, Issue 7, eff. December 22, 2021.

Article 2
Design and Construction

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.

Article 3
Operations

9VAC20-85-90. Operations.

Article 3
Operations

The owner or operator of a fossil fuel combustion products site shall prepare an operation plan. At a minimum, the plan shall address the requirements contained in this section.

1. Tracking of mud or fossil fuel combustion products onto public roads from the site shall be controlled at all times to minimize nuisances.

2. The addition of any solid waste including but not limited to hazardous, infectious, construction, debris, demolition, industrial, petroleum-contaminated soil, or municipal solid waste to fossil fuel combustion products is prohibited. This prohibition does not apply to solid wastes from the extraction, beneficiation and processing of ores and minerals conditionally exempted under 9VAC20-81-95 E 3 of the Solid Waste Management Regulations.

3. Fugitive dust shall be controlled at the site so it does not constitute nuisances or hazards.

4. After preparing the sub-base, fossil fuel combustion products shall be placed uniformly and compacted to standards, including in situ density, compaction effort and relative density as specified by a registered professional engineer based on the intended use of the fossil fuel combustion products. The placement and compaction of CCB on coal mine sites shall be subject to the applicable requirements of the Coal Surface Mining Reclamation Regulations, 4VAC25-130.

5. A surface run on and runoff control program shall be implemented to control and reduce the infiltration of surface water through the fossil fuel combustion products and to control the runoff from the placement area to other areas and to surface waters.

6. Runoff shall not be permitted to drain or discharge into surface waters except when in accordance with 9VAC25-10, of the State Water Control Board, or otherwise approved by the department.

7. Fossil fuel combustion products site development shall be in accordance with the Erosion and Sediment Control Regulations, 9VAC25-840, or the Coal Surface Mining Reclamation Regulations, 4VAC25-130, as applicable.

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 § 3.3, 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.

Article 4
Closure

9VAC20-85-100. General.

Article 4
Closure

Upon reaching the final grade, the owner or operator of a fossil fuel combustion products site shall close his project in a manner that minimizes the need for further maintenance.

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

9VAC20-85-110. Exemptions from the closure requirements.

A. An owner or operator of a site that constructs a building, a paved roadway, a paved parking surface, paved walkways and sidewalks, or other similar structures on top of the fill within a reasonable time period of reaching the final grade not to exceed 12 months shall be exempt from the requirements of this article for the portions of the fossil fuel combustion products site directly under the construction area.

B. An operator of a coal mine site permitted by the Virginia Department of Energy who is reclaiming a site in conformance with the Coal Surface Mining Reclamation Regulations (4VAC25-130) shall be exempt from the closure requirements contained in the section.

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 § 3.5, eff. February 22, 1995; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006; Volume 38, Issue 7, eff. December 22, 2021.

9VAC20-85-120. Closure criteria.

A. The owner or operator shall install a final cover system that is designed and constructed to:

1. Minimize infiltration through the closed fossil fuel combustion products site by the use of an infiltration layer that contains a minimum 12 inches of earthen material; and

2. Minimize erosion of the final cover by the use of an erosion control layer that contains a minimum of six inches of earthen material and is capable of sustaining the growth of indigenous plant species or plant species adapted to the area.

B. The use of the property after closure shall not disturb the integrity of the final cover, unless the purpose of the disturbance is to construct buildings, paved roadways, paved parking surfaces, paved walkways and sidewalks, or other similar facilities.

C. Within 90 days after placement of the final cover is complete, the owner or operator shall submit:

1. To the local land recording authority, a survey plat prepared by a professional land surveyor registered by the Commonwealth, indicating the location and dimensions of the placement areas. The plat filed with the local land recording authority shall contain a note, prominently displayed, which states the owner's or operator's future obligation to restrict disturbance of the site.

2. To the department, a statement signed by a registered professional engineer that construction has been completed in accordance with and meeting the requirements of (i) the design plans, specifications, and the design report of 9VAC20-85-80, (ii) 9VAC20-85-90 (operational requirements) and (iii) 9VAC20-85-100 through 9VAC20-85-140 (closure requirements).

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

9VAC20-85-130. Closure plan and amendment of plan.

A. The owner or operator of the fossil fuel combustion products site shall have a written closure plan. This plan shall identify the steps necessary to completely close the site. The plan shall include, at least, a schedule for final closure including, as a minimum, the anticipated date when fossil fuel combustion products will no longer be received, the date when completion of final closure is anticipated, and intervening milestone dates.

B. The owner or operator may amend his plan at any time during the active life of the project. The owner or operator shall so amend his plan any time changes in operating plans or project design affect the closure plan.

C. At any time during the operating life of the project, the plan shall be made available to the department upon request.

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

9VAC20-85-140. Time allowed for closure.

The owner or operator shall complete closure activities in accordance with the closure plan and within six months after receiving the final volume of fossil fuel combustion products. The department may approve a longer closure period if the owner or operator can demonstrate that the required or planned closure activities will, of necessity, take longer than six months to complete; and that he has taken all necessary steps to eliminate any significant threat to human health and the environment from the unclosed but inactive project.

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

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