Administrative Code

Virginia Administrative Code
10/7/2022

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.

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.