9VAC20-85-70. Locational restrictions.

Article 1. 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.

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