Reuse and beneficial use determinations
Solid waste is defined under 9 VAC 20-81-95 of the Virginia Solid Waste Management Regulations (VSWMR). In addition to defining solid waste, subsections C through F define several materials and beneficial uses that exclude certain materials from being classified as solid waste and thus are excluded from management under the VSWMR so long as the material use doesn’t pose a hazard to human health and the environment and so long as the materials are not speculatively accumulated. Materials are not speculatively accumulated when 75% of the material accumulated is used, reused, or reclaimed and removed from the facility annually. Persons wishing to use the materials in the manner identified in subsections C through F may do so without correspondence from the Department.
Materials not exempt from the definition of solid waste shall be managed as solid waste in accordance with the VSWMR unless the generator or proposed end-user of the solid waste submits a beneficial use request to the Department and receives a Beneficial Use Determination (BUD) approving the proposed beneficial use. The beneficial use request should be submitted in accordance with 9 VAC 20-81-97. The application process is discussed further below.
Application Process
1.Contact DEQ Regional Office - Land Protection Program Manager.
2.Provide the information requested of 9 VAC 20-81-97.A.1. to include:
a. A description of the solid waste under review and its proposed use;
b. Chemical and physical characteristics of the solid waste under review and of each type of proposed product;
c. A demonstration that there is a known or reasonably probable market for the intended use of the solid waste and of all proposed products; and
d. A demonstration that the management of the solid waste under review will not adversely affect human health and safety, the environment, and natural resources.
3. Upon receipt of information, the Department will determine on a case-by-case basis whether the proposal constitutes a beneficial use in accordance with 9 VAC 20-81-97.A.2.
4. Within 90 days, the Department will approve, disapprove, or allow the proposed use under a demonstration period.
Beneficial use determinations granted prior to March 16, 2011, shall remain in effect, subject to all conditions contained therein, unless specifically addressed by Department action.