Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 81 - SOLID WASTE MANAGEMENT REGULATIONS
Part VI - Special Wastes
Section 9VAC20-81-660 - Soil contaminated with petroleum products
Universal Citation: 9 VA Admin Code 20-81-660
Current through Register Vol. 41, No. 3, September 23, 2024
A. Applicability.
1. The specific requirements contained in
this section apply to requests by the owner or operator to manage or dispose of
petroleum- contaminated soil or absorbents, unless the facility's permit
specifically allows disposal of the contaminated soil. Upon removal from the
ground, the soil must be characterized and managed according to the appropriate
regulations including 9VAC20-60 and 9VAC20-81.
2. Any contaminated soil from a state other
than Virginia that is classified as a hazardous waste in the state of origin
shall be managed as a hazardous waste. Such wastes are not acceptable for
treatment, storage, or disposal at a solid waste management facility in the
Commonwealth.
3. For purposes of
this section "soil" shall include soil, sediment, dredge spoils, and other
earthen material contaminated only by petroleum products.
B. Testing requirements.
1. Analytical methods. The facility shall use
the appropriate EPA SW-846 method to determine the characteristics of the soil.
The parameters that shall be investigated, include, but are not limited to, the
following, as appropriate: RCRA hazardous waste characteristics (i.e.,
corrosivity, ignitability, reactivity, and toxicity); total metals; volatile
organic compounds; semi-volatile compounds; total petroleum hydrocarbons (TPH),
pesticides/herbicides; polychlorinated bi-phenyls (PCBs); presence of liquids;
and total organic halides (TOX).
2.
The department will determine, on a case-by-case basis, which tests are
appropriate. Specific testing requirements may be waived if the department
staff determines that the material was contaminated from a specific source such
as chlorinated solvents from a drycleaner or petroleum products from an
underground storage tank.
3.
Sampling frequency. A minimum of one composite sample shall be analyzed for
each required test for every 250 cubic yards of soil to be disposed. In the
case of soil reclaimed by thermal treatment, a minimum of one sample shall be
analyzed for every production day composited hourly. For quantities of soil
greater than 2,500 cubic yards the sampling rates may be adjusted with the
approval of the department.
C. Required information. Each generator must submit the following information to the department for review:
1. A statement from the generator certifying
that the soil is nonhazardous waste as defined by the Virginia Hazardous Waste
Management Regulations (9VAC20-60).
2. The amount of contaminated soil to be
disposed.
3. A description of the
sampling protocol and a copy of all applicable laboratory analyses.
4. If generated in a state other than
Virginia, certification from the generator that the waste is not considered a
hazardous waste in its state of generation.
5. The potential options for disposal of the
material based upon the testing results, including, but not limited to disposal
of a hazardous waste, disposal as a special waste, beneficial reuse as a fill
material, or use as an alternate daily cover.
D. Disposal criteria.
1. Soils failing the TCLP test shall be
managed in accordance with the Virginia Hazardous Waste Management Regulations
(9VAC20-60).
2. Soils contaminated
solely with petroleum related products including BTEX, TOX, or TPH shall be
handled as follows:
a. Soils exhibiting
greater than 100 milligram per kilogram (mg/kg) of TOX may not be disposed
until separate approval from the department is granted. This request shall
document the cause for the high TOX level.
b. If the concentration of total BTEX is
greater than 10 mg/kg or TPH is greater than 500 mg/kg, the soil cannot be
disposed of in any landfill unless the facility permit expressly allows such
disposal.
c. If the concentration
of TPH is greater than 50 mg/kg and less than 500 mg/kg and total BTEX is less
than 10 mg/kg, the disposal of the contaminated soil may be approved for
permitted landfills equipped with liners and leachate collection
systems.
d. Soil containing less
than 50 mg/kg TPH and total BTEX less than 10 mg/kg may be used as fill
material. This soil, however, may not be disposed of closer than 100 feet of
any regularly flowing surface water body or river, 500 feet of any well, spring
or other groundwater source of drinking water, and 200 feet from any residence,
school, hospital, nursing home, or recreational park area. In addition, if the
soil is not to be disposed of on the generator's property, the generator shall
notify the property owner that the soil is contaminated and with what it is
contaminated.
3. Soil
contaminated with compounds other than petroleum and that is not hazardous
waste shall be disposed of according to the criteria approved by the
department.
E. Exemptions.
1. Contaminated soil resulting
from a petroleum storage tank release or from a spill qualifies for an
exemption from the limits and/or testing specified in subdivisions D 2 a, b,
and c of this section where the total volume of contaminated soil from a
cleanup site is less than 20 cubic yards, and the contaminated soil is not a
hazardous waste.
2. The department
may approve the disposal of contaminated soil resulting from an emergency
cleanup of a spill of petroleum products, provided that the waste is not
hazardous.
3. Soil contaminated
with petroleum products resulting from ordinary household functions may be
disposed with the general household waste.
Statutory Authority
§ 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
