Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD
Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS
Part III - Management Standards
Article 4 - Closure
Section 9VAC20-85-120 - Closure criteria
Universal Citation: 9 VA Admin Code 9VAC20-85-120
Current through Register Vol. 41, No. 3, September 23, 2024
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.
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.
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