Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part IV - Administrative Requirements › Section 9VAC20-85-150 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notwithstanding
				  any provisions of Part V (9VAC20-81-400 et
				  seq.) of the Solid Waste Management Regulations, 9VAC20-81, the owner or
				  operator of a site that manages only fossil fuel combustion products allowed
				  under
				  9VAC20-85-40 shall
				  not be required to have a solid waste management facility permit, neither must
				  a fossil fuel combustion products facility operator certified by the Board for
				  Waste Management Facility Operators directly supervise operations at the site,
				  if the owner or operator at least 30 days prior to initial placement of fossil
				  fuel combustion products provides to the appropriate department regional office
				  and verifies receipt of:
1. A certification
				  that it has legal control over the fossil fuel combustion products site for the
				  project life and the closure period. For the purposes of this section, on a
				  coal mine site permitted by the Virginia Department of Energy, demonstration of
				  legal right to enter and begin surface coal mining and reclamation operations
				  shall constitute compliance with the provisions of this section.
2. A certification from the governing body of
				  the county, city, or town in which the fossil fuel combustion products site is
				  to be located that the location and operation of the fossil fuel combustion
				  products site are consistent with all applicable ordinances, with the exception
				  of projects permitted by the Virginia Department of Energy.
3. A general description of the intended use,
				  reuse, or reclamation of fossil fuel combustion products. Such description will
				  include:
a. A description of the nature,
				  purpose and location of the fossil fuel combustion products site, including a
				  topographic map showing the site area and available soils, and geological maps.
				  The description shall include an explanation of how fossil fuel combustion
				  products will be stored prior to use, reuse, or reclamation, if
				  applicable;
b. The estimated
				  beginning and ending dates for the operation;
c. An estimate of the volume of the fossil
				  fuel combustion products to be utilized; and
d. A description of the proposed type of
				  fossil fuel combustion products to be used, reused, or reclaimed, including
				  physical and chemical characteristics of the fossil fuel combustion products.
				  The chemical description shall contain the results of TCLP analyses for the
				  constituents shown in Table 1. The description shall also contain a statement
				  that the project will not manage fossil fuel combustion products that contain
				  any constituent at a level exceeding those shown in the table.
TABLE 1.
LIST OF CONSTITUENTS AND MAXIMUM LEVELS.
Constituent
Level, mg/lit
Arsenic
5.0
Barium
100
Cadmium
1.0
Chromium
5.0
Lead
5.0
Mercury
0.2
Selenium
1.0
Silver
5.0
4. A certification by a professional engineer
				  licensed to practice by the Commonwealth that the project meets the locational
				  restrictions of
				  9VAC20-85-70.
				  Such certificate shall contain no qualifications or exemptions from the
				  requirements.
5. A certificate
				  signed by a professional engineer licensed to practice by the Commonwealth that
				  the project has been designed in accordance with the standards of
				  9VAC20-85-80
				  if applicable. Such certificate shall contain no qualifications or exceptions
				  from the requirements and plans.
6.
				  An operational plan describing how the standards of
				  9VAC20-85-90 will be
				  met.
7. A closure plan describing
				  how the standards of Article 4 of Part III of this chapter will be met, if
				  applicable.
8. A signed statement
				  that the owner or operator shall allow authorized representatives of the
				  Commonwealth, upon presentation of appropriate credentials, to have access to
				  areas in which the activities covered by this chapter will be, are being, or
				  have been conducted to ensure compliance.