Regulations Governing the Disposal of Hazardous Materials from Land Clearing Projects

When it comes to land clearing projects, there are a number of regulations that govern the disposal of hazardous materials. These regulations are designed to ensure that recyclable materials are used in such a way as to constitute their disposal according to 9VAC20-60-266. This includes, but is not limited to, the use of ground rubber obtained from tires or glass used to pave roads, repaving and secondary materials, as well as the use of plastic or mixed plastic materials for floor posts or railings, right-of-way fence posts and sign supports. The Department may also enter into an agreement with the federal government or any of its authorized agencies to assume the perpetual maintenance of land donated, leased, or purchased from the federal government or any of its authorized agencies used as radioactive waste custody sites. Additionally, the Department may establish an exchange of industrial environmental waste materials that provides for the exchange, among interested persons, of information on (i) particular quantities of industrial environmental waste available for recovery; (ii) persons interested in purchasing certain types of industrial environmental waste for recovery purposes; and (iii) methods for the treatment and recovery of industrial environmental waste.

Title 25.1 also states that the Department may acquire, by way of concession, gift, design or otherwise, the fee, simple title of any land selected at its discretion for constituting the necessary and appropriate sites to be used for the management of hazardous waste as defined in this chapter, including land adjacent to the site that the Board deems necessary or suitable for restricted areas. Liens acquired under this section will have priority as a tax, second only to the real estate tax levy imposed on the land. Furthermore, clean up wood burning residues when used to adjust the pH in compost, as a liquid absorbent in compost, or as a soil amendment or fertilizer is allowed provided that the application dose of wood ash is limited to the nutrient needs of the crop grown on the land where the wood burning residues will be applied and provided that the application meets the requirements of the Virginia Department of Agriculture and Consumer Services (2VAC5-400 and 2VAC5-4). The Department also has authority to help localities collect, transport, dispose of and manage solid waste in accordance with federal and state laws, regulations and procedures.

Each county, city and town can receive amounts allocated for those purposes from the general fund of the state treasury for each fiscal year from the general fund of the state treasury. For on-site destruction of plant waste located in facilities on private property, a regular service for collection must not be available on adjacent streets or public roads. Additionally, a disclosure statement must be submitted to request exemptions unless (i) an assessment has been submitted to demonstrate possible impact on public water supply and (ii) information has been made available to public for review for at least 60 days before next regular session of General Assembly. Land arrangement means placement in or on ground except in corrective measures management unit or storage pile.

Furthermore, certification is required when requesting renewal or transfer of permit as authorized by Board's rules of procedure. Waste handlers must also prepare records to demonstrate compliance with LDR requirements and track waste from generation to disposal on land. Moreover, specific waste treatment standards must be met before disposal on land is allowed. Finally, key personnel shall mean executive director of any agency of United States or any agency or political subdivision of Commonwealth and all key personnel of any person other than natural person who operates landfill or other facility for disposal, treatment or storage of non-hazardous solid waste under contract with or for one those governmental entities.

Léo Brotman
Léo Brotman

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