Who Must Notify
Any owner or operator who proposes to use, reuse or reclaim coal combustion by-products by applying or placing them on the land in a manner other than addressed in 9 VAC 20-81-95 of the Virginia Solid Waste Management Regulations (VSWMR). Coal mining facilities that are otherwise exempt under 9 VAC 20-81-95 D 18 of the VSWMR or who have been issued a permit by the Virginia Department of Mines, Minerals and Energy that incorporates the applicable conditions in 9 VAC 20-85-10 et seq. are not subject to these requirements.
Virginia Code § 10.1-1408.1
Virginia Administrative Code 9 VAC 20-85-150 through 9 VAC 20-85-160
Compliance with location standards, design, construction, operation and closure requirements of 9 VAC 20-85-10 et seq.
1. Contact DEQ Regional Office - Land Protection Manager.
2. Provide the information/certifications listed below 30 days prior to initial placement of coal combustion by-products in accordance with 9 VAC 20-85-150.A.:
a. Certification of legal control over site.
b. Certification from the local government body that the site location and operation are consistent with all local ordinances (not applicable to sites permitted by the Department of Mines, Minerals and Energy).
c. A general description of the intended use, reuse or reclamation of coal combustion by-products to include items listed in 9 VAC 20-85-150.A.3.a. through d.
d. Certification signed by a Professional Engineer licensed to practice in the Commonwealth that the site meets the locational restrictions and design standards of 9 VAC 20-85-70 and 9 VAC 20-85-80.
e. An operations plan describing how the standards of 9 VAC 20-85-90 will be met and a closure plan describing how the standards of 9 VAV 20-85-100 through 140 will be met, if applicable.
f. A signed statement that allows authorized representatives of the Commonwealth access to areas in which covered activities will be, are being or have been conducted to ensure compliance.