Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 160 - VOLUNTARY REMEDIATION REGULATIONS › Section 9VAC20-160-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise.
"Adjacent property" means either properties meeting at a
				  shared property boundary or parcels of land that are not widely separated,
				  including at a point or corner, or separated only by one or more relatively
				  narrow linear features. Such linear features may include roadways, railways,
				  and narrow bodies of water.
"Applicant" means a person who has applied to the program but
				  is not a participant.
"Authorized agent" means any person who is authorized in
				  writing to fulfill the requirements of this program.
"Board" means the Virginia Waste Management Board.
"Carcinogen" means a chemical classification for the purpose
				  of risk assessment as an agent that is known or suspected to cause cancer in
				  humans, including a known or likely human carcinogen or a probable or possible
				  human carcinogen under an U.S. Environmental Protection Agency (EPA)
				  weight-of-evidence classification system.
"Certificate" means a written certification of satisfactory
				  completion of remediation issued by the department pursuant to §
									10.1-1232
				  of the Code of Virginia.
"Completion" means fulfillment of the commitment agreed to by
				  the participant as part of this program.
"Contaminant" means any man-made or man-induced alteration of
				  the chemical, physical, or biological integrity of soils, sediments, air and
				  surface water, or groundwater including such alterations caused by any
				  hazardous substance (as defined in the Comprehensive Environmental Response,
				  Compensation, and Liability Act,
				  42
				  USC §
										9601(14) ),
				  hazardous waste (as defined in 9VAC20-60), solid waste (as defined in
				  9VAC20-81), petroleum (as defined in Articles 9 (§
									62.1-44.34:8 et seq.)
				  and 11 (§
									62.1-44.34:14 et
				  seq.) of the Virginia State Water Control Law), or natural gas.
"Cost of remediation" means all costs incurred by the
				  participant pursuant to activities necessary for completion of voluntary
				  remediation at the site, based on an estimate of the net present value (NPV) of
				  the combined costs of the site investigation, report development, remedial
				  system installation, operation and maintenance, and all other costs associated
				  with participating in the program and addressing the contaminants of concern at
				  the site.
"Department" means the Department of Environmental Quality of
				  the Commonwealth of Virginia or its successor agency.
"Director" means the Director of the Department of
				  Environmental Quality.
"Engineering controls" means physical modification to a site
				  or facility to reduce or eliminate potential for exposure to contaminants.
				  These include stormwater conveyance systems, pump and treat systems, slurry
				  walls, vapor mitigation systems, liner systems, caps, monitoring systems, and
				  leachate collection systems.
"Environmental covenant" means a servitude arising under an
				  environmental response project that imposes activity and use limitations
				  pursuant to the Uniform Environmental Covenants Act (§
									10.1-1238 et seq. of
				  the Code of Virginia).
"Hazard index" or "HI" means the sum of more than one hazard
				  quotient for multiple contaminants or multiple exposure pathways or both. The
				  HI is calculated separately for chronic, subchronic, and shorter duration
				  exposures.
"Hazard quotient" means the ratio of a single contaminant
				  exposure level over a specified time period to a reference dose for that
				  contaminant derived from a similar period.
"Incremental upper-bound lifetime cancer risk" means a
				  conservative estimate of the incremental probability of an individual
				  developing cancer over a lifetime as a result of exposure to the potential
				  carcinogen. Upper-bound lifetime cancer risk is likely to overestimate "true
				  risk."
"Institutional controls" means legal or contractual
				  restrictions on property use that remain effective after remediation is
				  completed and are used to reduce or eliminate the potential for exposure to
				  contaminants. The term may include deed, land use, and water use restrictions
				  and environmental covenants.
"Land use controls" means legal or physical restrictions on
				  the use of, or access to, a site to reduce or eliminate potential for exposure
				  to contaminants or prevent activities that could interfere with the
				  effectiveness of remediation. Land use controls include engineering and
				  institutional controls.
"Monitored natural attenuation" means a remediation process
				  that monitors the natural or enhanced attenuation process.
"Natural attenuation" means the processes by which
				  contaminants break down naturally in the environment. Natural attenuation
				  processes include a variety of physical, chemical, or biological processes
				  that, under favorable conditions, act without human intervention to reduce the
				  mass, toxicity, mobility, volume, or concentrations of contaminants in soil or
				  groundwater.
"Noncarcinogen" means a chemical classification for the
				  purposes of risk assessment as an agent for which there is either inadequate
				  toxicological data or is not likely to be a carcinogen based on an EPA
				  weight-of-evidence classification system.
"Owner" means any person currently owning or holding legal or
				  equitable title or possessory interest in a property, including the
				  Commonwealth of Virginia, or a political subdivision thereof, including title
				  or control of a property conveyed due to bankruptcy, foreclosure, tax
				  delinquency, abandonment, or similar means.
"Participant" means a person who has received confirmation of
				  eligibility and has remitted payment of the phase 2 registration fee.
"Person" means an individual, corporation, partnership,
				  association, a governmental body, a municipal corporation, or any other legal
				  entity.
"Post-certificate monitoring" means monitoring of
				  environmental or site conditions stipulated as a condition of issuance of the
				  certificate.
"Program" means the Virginia Voluntary Remediation
				  Program.
"Property" means a parcel of land defined by the boundaries
				  in the deed.
"Reference dose" means an estimate of a daily exposure level
				  for the human population, including sensitive subpopulations, that is likely to
				  be without an appreciable risk of deleterious effects during a lifetime.
"Registration fee" means the fees paid to apply for, obtain
				  eligibility for, enroll in, and participate in the Voluntary Remediation
				  Program.
"Release" means any spilling, leaking, pumping, pouring,
				  emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
				  disposing of any contaminant into the environment.
"Remediation" means actions taken to clean up, mitigate,
				  correct, abate, minimize, eliminate, control, contain, or prevent a release of
				  a contaminant into the environment in order to protect human health and the
				  environment. Remediation may include, when appropriate and approved by the
				  department, land use controls, natural attenuation, and monitored natural
				  attenuation.
"Remediation level" means the concentration of a contaminant
				  with applicable land use controls that is protective of human health and the
				  environment.
"Restricted use" means any use other than residential.
"Risk" means the probability that a contaminant will cause an
				  adverse effect in exposed humans or to the environment.
"Risk assessment" means the process used to determine the
				  risk posed by contaminants released into the environment. Elements include
				  identification of the contaminants present in the environmental media,
				  assessment of exposure and exposure pathways, assessment of the toxicity of the
				  contaminants present at the site, characterization of human health risks, and
				  characterization of the impacts or risks to the environment.
"Site" means any property or portion thereof, as agreed to
				  and defined by the participant and the department, which contains or may
				  contain contaminants being addressed under this program.
"Termination" means the formal discontinuation of
				  participation in the Voluntary Remediation Program without obtaining a
				  certificate.
"Unrestricted use" means the designation of acceptable future
				  use for a site at which the remediation levels, based on either background or
				  standard residential exposure factors, have been attained throughout the site
				  in all media.
Statutory Authority: §
											10.1-1232
					 of the Code of Virginia.