Coal Combustion By-Product Site Notification

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 20-80-150 or 9 VAC 20-80-160 of the Virginia Solid Waste Management Regulations. Coal mining facilities that are otherwise exempt under 9 VAC 20-80-160 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.

Authority

Virginia Code § 10.1-1408.1

Virginia Administrative Code 9 VAC 20-85-150 through 9 VAC 20-85-160

Term

Indefinite

Fees

No fee

Typical Requirements of a Permit

Compliance with location standards, design, construction, operation and closure requirements of 9 VAC 20-85-10 et seq.

Application Process

1. Contact DEQ Central Office (Richmond) - Waste Division.
2. Provide the information/certifications listed below 30 days prior to initial placement of coal combustion by-products:
   1. Certification of legal control over site.
   2. 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).
   3. A general description of the intended use, reuse or reclamation of coal combustion by-products as well as certification that the site meets the locational restrictions and design standards of 9 VAC 20-85-70 and 9 VAC 20-85-80.
   4. An operations plan and a closure plan.
   5. 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.