{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1402.04.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1402.04.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1402.04.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1402.04.html"}],"law_id":86095,"edition_id":1,"section_id":86095,"structure_id":15604,"section_number":"10.1-1402.04","catch_line":"Closure of certain coal combustion residuals units; Giles and Russell Counties","history":"2020, c. 563; 2021, Sp. Sess. I, c. 401.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Carrying cost” means the cost associated with financing expenditures incurred but not yet recovered from the electric utility’s customers and shall be calculated by applying the electric utility’s weighted average cost of debt and equity capital, as determined by the State Corporation Commission, with no additional margin or profit, to any unrecovered balances.\n\t\t\t“CCR landfill” means an area of land or an excavation that receives CCR and is not a surface impoundment, underground injection well, salt dome formation, salt bed formation, underground or surface coal mine, or cave and that is owned or operated by an electric utility.\n\t\t\t“CCR surface impoundment” means a natural topographic depression, man-made excavation, or diked area that (i) is designed to hold an accumulation of CCR and liquids; (ii) treats, stores, or disposes of CCR; and (iii) is owned or operated by an electric utility.\n\t\t\t“CCR unit” means any CCR landfill, CCR surface impoundment, lateral expansion of a CCR unit, or combination of two or more such units that is owned by an electric utility. Notwithstanding the provisions of 40 C.F.R. Part 257, “CCR unit” also includes any CCR below the unit boundary of the CCR landfill or CCR surface impoundment.\n\t\t\t“Coal combustion residuals” or “CCR” means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by an electric utility.\n\t\t\t“Commission” means the State Corporation Commission.\n\t\t\t“Encapsulated beneficial use” means a beneficial use of CCR that binds the CCR into a solid matrix and minimizes its mobilization into the surrounding environment.\n\t\t\tThe definitions in this subsection shall be interpreted in a manner consistent with 40 C.F.R. Part 257, except as expressly provided in this section.B\n\nThe owner or operator of any CCR unit located in Giles County or Russell County at the Glen Lyn Plant and the Clinch River Plant shall, if all CCR units at such plant ceased receiving CCR and submitted notification of completion of a final cap to the Department prior to January 1, 2019, complete post-closure care and any required corrective action of such unit. If all CCR units at such plant have not submitted notification of completion of a final cap to the Department prior to January 1, 2019, the owner or operator shall close all CCR units at such plant by (i) removing all of the CCR in accordance with applicable standards established by Virginia Solid Waste Management Regulations (9VAC20-81) and (ii) either (a) beneficially reusing all such CCR in a recycling process for encapsulated beneficial use or (b) disposing of the CCR in a permitted landfill on the property upon which the CCR unit is located, adjacent to the property upon which the CCR unit is located, or off of the property on which the CCR unit is located, that includes, at a minimum, a composite liner and leachate collection system that meets or exceeds the federal Criteria for Municipal Solid Waste Landfills pursuant to 40 C.F.R. Part 258. The owner or operator shall beneficially reuse CCR removed from its CCR unit if beneficial use of such removed CCR is anticipated to reduce costs incurred under this section.C\n\nThe owner or operator shall complete the closure of any such CCR unit required by this section no later than 15 years after initiating the excavation process at that CCR unit. During the closure process, the owner or operator shall, at its expense, offer to provide a connection to a municipal water supply, or where such connection is not feasible provide water testing, for any residence within one-half mile of the CCR unit.D\n\nWhere closure pursuant to this section requires that CCR that has been beneficially reused be removed off-site, the owner or operator shall develop a transportation plan in consultation with any county, city, or town in which the CCR units are located and any county, city, or town within two miles of the CCR units that minimizes the impact of any transport of CCR on adjacent property owners and surrounding communities. The transportation plan shall include (i) alternative transportation options to be utilized, including rail and barge transport, if feasible, in combination with other transportation methods necessary to meet the closure timeframe established in subsection C and (ii) plans for any transportation by truck, including the frequency of truck travel, the route of truck travel, and measures to control noise, traffic impact, safety, and fugitive dust caused by such truck travel. Once such transportation plan is completed, the owner or operator shall post it on a publicly accessible website. The owner or operator shall provide notice of the availability of the plan to the Department and the chief administrative officers of the consulting localities and shall publish such notice once in a newspaper of general circulation in such locality.E\n\nThe owner or operator of any CCR unit subject to the provisions of subsection B shall accept and review proposals for the encapsulated beneficial use of CCR pursuant to the provisions of subsection B every four years beginning July 1, 2023. Any entity submitting such a proposal shall provide information from which the owner or operator can determine (i) the amount of CCR that will be utilized for encapsulated beneficial use; (ii) the cost of the proposed beneficial use of such CCR; and (iii) the guaranteed timeframe in which the CCR will be utilized.F\n\nIn conducting closure activities described in subsection B, the owner or operator shall (i) identify options for utilizing local workers; (ii) consult with the Commonwealth’s Chief Workforce Development Officer on opportunities to advance the Commonwealth’s workforce goals, including furtherance of apprenticeship and other workforce training programs to develop the local workforce; and (iii) give priority to the hiring of local workers.G\n\nNo later than October 1, 2023, and no less frequently than every two years thereafter until closure of or corrective action at all of its CCR units is complete, the owner or operator of any CCR unit subject to the provisions of subsection B shall compile the following two reports:1\n\nA report describing the owner’s or operator’s closure plan for all such CCR units; the closure progress to date, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be beneficially reused from such units, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be landfilled from such units, both per unit and in total; a detailed accounting of the utilization of transportation options and a transportation plan as required by subsection D; and a discussion of groundwater and surface water monitoring results and any corrective actions or other measures taken to address such results as closure is being completed.2\n\nA report that contains the proposals and analysis for proposals required by subsection E.\n\t\t\t\tThe owner or operator shall post each such report on a publicly accessible website and shall submit each such report to the Governor, the Secretary of Natural and Historic Resources, the Chairman of the Senate Committee on Agriculture, Conservation and Natural Resources, the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources, the Chairman of the Senate Committee on Commerce and Labor, the Chairman of the House Committee on Labor and Commerce, and the Director.H\n\nAll costs associated with closure by removal of a CCR unit or encapsulated beneficial use of CCR material in accordance with subsection B shall be recoverable through a rate adjustment clause authorized by the Commission under the provisions of subdivision A 5 e of § 56-585.1, provided that (i) when determining the reasonableness of such costs the Commission shall not consider closure in place of the CCR unit as an option; (ii) the annual revenue requirement recoverable through a rate adjustment clause authorized under this section, exclusive of any other rate adjustment clauses approved by the Commission under the provisions of subdivision A 5 e of § 56-585.1, shall not exceed $40 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $40 million in a given 12-month period, limited to the under-recovery amount and the carrying cost, shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods without regard to this limitation, and with the length of the amortization period being determined by the Commission; (iii) costs may begin accruing on July 1, 2020, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2022; (iv) any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and (v) any such costs that are allocated to the utility’s system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause.I\n\nAny electric public utility subject to the requirements of this section may, without regard for whether it has petitioned for any rate adjustment clause pursuant to subdivision A 5 e of § 56-585.1, petition the Commission for approval of a plan for CCR unit closure at any or all of its CCR unit sites listed in subsection B. Any such plan shall take into account site-specific conditions and shall include proposals to beneficially reuse CCR from the sites if beneficial use is anticipated to reduce the costs allocated to customers. The Commission shall issue its final order with regard to any such petition within six months of its filing, and in doing so shall determine whether the utility’s plan for CCR unit closure, and the projected costs associated therewith, are reasonable and prudent, taking into account that closure in place of any CCR unit is not to be considered as an option. The Commission shall not consider plans that do not comply with subsection B.J\n\nNothing in this section shall be construed to require additional beneficial reuse of CCR at any active coal-fired electric generation facility if such additional beneficial reuse results in a net increase in truck traffic on the public roads of the locality in which the facility is located as compared with such traffic during calendar year 2019.K\n\nThe Commonwealth shall not authorize any cost recovery by an owner or operator subject to the provisions of this section for any fines or civil penalties resulting from violations of federal and state law or regulation.","order_by":null,"text":{"0":{"id":308251,"text":"For the purposes of this section:\n\t\t\t“Carrying cost” means the cost associated with financing expenditures incurred but not yet recovered from the electric utility’s customers and shall be calculated by applying the electric utility’s weighted average cost of debt and equity capital, as determined by the State Corporation Commission, with no additional margin or profit, to any unrecovered balances.\n\t\t\t“CCR landfill” means an area of land or an excavation that receives CCR and is not a surface impoundment, underground injection well, salt dome formation, salt bed formation, underground or surface coal mine, or cave and that is owned or operated by an electric utility.\n\t\t\t“CCR surface impoundment” means a natural topographic depression, man-made excavation, or diked area that (i) is designed to hold an accumulation of CCR and liquids; (ii) treats, stores, or disposes of CCR; and (iii) is owned or operated by an electric utility.\n\t\t\t“CCR unit” means any CCR landfill, CCR surface impoundment, lateral expansion of a CCR unit, or combination of two or more such units that is owned by an electric utility. Notwithstanding the provisions of 40 C.F.R. Part 257, “CCR unit” also includes any CCR below the unit boundary of the CCR landfill or CCR surface impoundment.\n\t\t\t“Coal combustion residuals” or “CCR” means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by an electric utility.\n\t\t\t“Commission” means the State Corporation Commission.\n\t\t\t“Encapsulated beneficial use” means a beneficial use of CCR that binds the CCR into a solid matrix and minimizes its mobilization into the surrounding environment.\n\t\t\tThe definitions in this subsection shall be interpreted in a manner consistent with 40 C.F.R. Part 257, except as expressly provided in this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":308252,"text":"The owner or operator of any CCR unit located in Giles County or Russell County at the Glen Lyn Plant and the Clinch River Plant shall, if all CCR units at such plant ceased receiving CCR and submitted notification of completion of a final cap to the Department prior to January 1, 2019, complete post-closure care and any required corrective action of such unit. If all CCR units at such plant have not submitted notification of completion of a final cap to the Department prior to January 1, 2019, the owner or operator shall close all CCR units at such plant by (i) removing all of the CCR in accordance with applicable standards established by Virginia Solid Waste Management Regulations (9VAC20-81) and (ii) either (a) beneficially reusing all such CCR in a recycling process for encapsulated beneficial use or (b) disposing of the CCR in a permitted landfill on the property upon which the CCR unit is located, adjacent to the property upon which the CCR unit is located, or off of the property on which the CCR unit is located, that includes, at a minimum, a composite liner and leachate collection system that meets or exceeds the federal Criteria for Municipal Solid Waste Landfills pursuant to 40 C.F.R. Part 258. The owner or operator shall beneficially reuse CCR removed from its CCR unit if beneficial use of such removed CCR is anticipated to reduce costs incurred under this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":308253,"text":"The owner or operator shall complete the closure of any such CCR unit required by this section no later than 15 years after initiating the excavation process at that CCR unit. During the closure process, the owner or operator shall, at its expense, offer to provide a connection to a municipal water supply, or where such connection is not feasible provide water testing, for any residence within one-half mile of the CCR unit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":308254,"text":"Where closure pursuant to this section requires that CCR that has been beneficially reused be removed off-site, the owner or operator shall develop a transportation plan in consultation with any county, city, or town in which the CCR units are located and any county, city, or town within two miles of the CCR units that minimizes the impact of any transport of CCR on adjacent property owners and surrounding communities. The transportation plan shall include (i) alternative transportation options to be utilized, including rail and barge transport, if feasible, in combination with other transportation methods necessary to meet the closure timeframe established in subsection C and (ii) plans for any transportation by truck, including the frequency of truck travel, the route of truck travel, and measures to control noise, traffic impact, safety, and fugitive dust caused by such truck travel. Once such transportation plan is completed, the owner or operator shall post it on a publicly accessible website. The owner or operator shall provide notice of the availability of the plan to the Department and the chief administrative officers of the consulting localities and shall publish such notice once in a newspaper of general circulation in such locality.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":308255,"text":"The owner or operator of any CCR unit subject to the provisions of subsection B shall accept and review proposals for the encapsulated beneficial use of CCR pursuant to the provisions of subsection B every four years beginning July 1, 2023. Any entity submitting such a proposal shall provide information from which the owner or operator can determine (i) the amount of CCR that will be utilized for encapsulated beneficial use; (ii) the cost of the proposed beneficial use of such CCR; and (iii) the guaranteed timeframe in which the CCR will be utilized.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":308256,"text":"In conducting closure activities described in subsection B, the owner or operator shall (i) identify options for utilizing local workers; (ii) consult with the Commonwealth’s Chief Workforce Development Officer on opportunities to advance the Commonwealth’s workforce goals, including furtherance of apprenticeship and other workforce training programs to develop the local workforce; and (iii) give priority to the hiring of local workers.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":308257,"text":"No later than October 1, 2023, and no less frequently than every two years thereafter until closure of or corrective action at all of its CCR units is complete, the owner or operator of any CCR unit subject to the provisions of subsection B shall compile the following two reports:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":308258,"text":"A report describing the owner’s or operator’s closure plan for all such CCR units; the closure progress to date, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be beneficially reused from such units, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be landfilled from such units, both per unit and in total; a detailed accounting of the utilization of transportation options and a transportation plan as required by subsection D; and a discussion of groundwater and surface water monitoring results and any corrective actions or other measures taken to address such results as closure is being completed.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":308259,"text":"A report that contains the proposals and analysis for proposals required by subsection E.\n\t\t\t\tThe owner or operator shall post each such report on a publicly accessible website and shall submit each such report to the Governor, the Secretary of Natural and Historic Resources, the Chairman of the Senate Committee on Agriculture, Conservation and Natural Resources, the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources, the Chairman of the Senate Committee on Commerce and Labor, the Chairman of the House Committee on Labor and Commerce, and the Director.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"9":{"id":308260,"text":"All costs associated with closure by removal of a CCR unit or encapsulated beneficial use of CCR material in accordance with subsection B shall be recoverable through a rate adjustment clause authorized by the Commission under the provisions of subdivision A 5 e of § 56-585.1, provided that (i) when determining the reasonableness of such costs the Commission shall not consider closure in place of the CCR unit as an option; (ii) the annual revenue requirement recoverable through a rate adjustment clause authorized under this section, exclusive of any other rate adjustment clauses approved by the Commission under the provisions of subdivision A 5 e of § 56-585.1, shall not exceed $40 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $40 million in a given 12-month period, limited to the under-recovery amount and the carrying cost, shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods without regard to this limitation, and with the length of the amortization period being determined by the Commission; (iii) costs may begin accruing on July 1, 2020, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2022; (iv) any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and (v) any such costs that are allocated to the utility’s system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2","next_prefix":"I"},"10":{"id":308261,"text":"Any electric public utility subject to the requirements of this section may, without regard for whether it has petitioned for any rate adjustment clause pursuant to subdivision A 5 e of § 56-585.1, petition the Commission for approval of a plan for CCR unit closure at any or all of its CCR unit sites listed in subsection B. Any such plan shall take into account site-specific conditions and shall include proposals to beneficially reuse CCR from the sites if beneficial use is anticipated to reduce the costs allocated to customers. The Commission shall issue its final order with regard to any such petition within six months of its filing, and in doing so shall determine whether the utility’s plan for CCR unit closure, and the projected costs associated therewith, are reasonable and prudent, taking into account that closure in place of any CCR unit is not to be considered as an option. The Commission shall not consider plans that do not comply with subsection B.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"11":{"id":308262,"text":"Nothing in this section shall be construed to require additional beneficial reuse of CCR at any active coal-fired electric generation facility if such additional beneficial reuse results in a net increase in truck traffic on the public roads of the locality in which the facility is located as compared with such traffic during calendar year 2019.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"12":{"id":308263,"text":"The Commonwealth shall not authorize any cost recovery by an owner or operator subject to the provisions of this section for any fines or civil penalties resulting from violations of federal and state law or regulation.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":15604,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:56:46","date_modified":"2026-06-26 03:56:46","permalink":{"id":145889,"object_type":"structure","relational_id":15604,"identifier":"1","token":"10.1\/II\/14\/1","url":"\/10.1\/II\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84539,"structure_id":15604,"section_number":"10.1-1400","catch_line":"Definitions","url":"\/10.1-1400\/","token":"10.1\/II\/14\/1\/10.1-1400","metadata":false},{"id":66666,"structure_id":15604,"section_number":"10.1-1400.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1400.1\/","token":"10.1\/II\/14\/1\/10.1-1400.1","metadata":false},{"id":60386,"structure_id":15604,"section_number":"10.1-1401","catch_line":"Virginia Waste Management Board continued","url":"\/10.1-1401\/","token":"10.1\/II\/14\/1\/10.1-1401","metadata":false},{"id":82696,"structure_id":15604,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","url":"\/10.1-1402\/","token":"10.1\/II\/14\/1\/10.1-1402","metadata":false},{"id":60068,"structure_id":15604,"section_number":"10.1-1402.01","catch_line":"Further duties of Board; localities particularly affected","url":"\/10.1-1402.01\/","token":"10.1\/II\/14\/1\/10.1-1402.01","metadata":false},{"id":83586,"structure_id":15604,"section_number":"10.1-1402.02","catch_line":"Use, reuse, or reclamation of coal combustion by-product in a flood plain","url":"\/10.1-1402.02\/","token":"10.1\/II\/14\/1\/10.1-1402.02","metadata":false},{"id":69871,"structure_id":15604,"section_number":"10.1-1402.03","catch_line":"Closure of certain coal combustion residuals units","url":"\/10.1-1402.03\/","token":"10.1\/II\/14\/1\/10.1-1402.03","metadata":false},{"id":86095,"structure_id":15604,"section_number":"10.1-1402.04","catch_line":"Closure of certain coal combustion residuals units; 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general powers","url":"\/10.1-1404\/","token":"10.1\/II\/14\/1\/10.1-1404","metadata":false},{"id":81528,"structure_id":15604,"section_number":"10.1-1405","catch_line":"Powers and duties of Director","url":"\/10.1-1405\/","token":"10.1\/II\/14\/1\/10.1-1405","metadata":false},{"id":64275,"structure_id":15604,"section_number":"10.1-1406","catch_line":"Exemptions from liability; expedited settlements","url":"\/10.1-1406\/","token":"10.1\/II\/14\/1\/10.1-1406","metadata":false},{"id":59552,"structure_id":15604,"section_number":"10.1-1406.1","catch_line":"Access to abandoned waste sites","url":"\/10.1-1406.1\/","token":"10.1\/II\/14\/1\/10.1-1406.1","metadata":false},{"id":87322,"structure_id":15604,"section_number":"10.1-1406.2","catch_line":" Conditional exemption for coal and mineral mining overburden or solid waste","url":"\/10.1-1406.2\/","token":"10.1\/II\/14\/1\/10.1-1406.2","metadata":false},{"id":64008,"structure_id":15604,"section_number":"10.1-1407","catch_line":"Repealed","url":"\/10.1-1407\/","token":"10.1\/II\/14\/1\/10.1-1407","metadata":false},{"id":71682,"structure_id":15604,"section_number":"10.1-1407.1","catch_line":"Notification of local government of violation","url":"\/10.1-1407.1\/","token":"10.1\/II\/14\/1\/10.1-1407.1","metadata":false}],"previous_section":{"id":69871,"structure_id":15604,"section_number":"10.1-1402.03","catch_line":"Closure of certain coal combustion residuals units","url":"\/10.1-1402.03\/","token":"10.1\/II\/14\/1\/10.1-1402.03","metadata":false},"next_section":{"id":81131,"structure_id":15604,"section_number":"10.1-1402.05","catch_line":"Coal ash landfill storage; provision of public water supply","url":"\/10.1-1402.05\/","token":"10.1\/II\/14\/1\/10.1-1402.05","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1402.04\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 563<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":78344,"section_number":"20-81","catch_line":"Presumptions as to desertion and abandonment","order_by":null,"url":"\/20-81\/"},{"id":67687,"section_number":"56-585.1","catch_line":"Generation, distribution, and transmission rates after capped rates terminate or expire","order_by":null,"url":"\/56-585.1\/"}],"permalink":{"id":145919,"object_type":"law","relational_id":86095,"identifier":"10.1-1402.04","token":"10.1\/II\/14\/1\/10.1-1402.04","url":"\/10.1-1402.04\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1402.04\/","token":"10.1\/II\/14\/1\/10.1-1402.04","dublin_core":{"Title":"Closure of certain coal combustion residuals units; Giles and Russell Counties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1402.04","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Carrying cost<\/span>” means the cost associated with financing expenditures incurred but not yet recovered from the electric utility’s customers and shall be calculated by applying the electric utility’s weighted average cost of debt and equity<\/span> capital, as determined by the State Corporation Commission<\/span>, with no additional margin or profit, to any unrecovered balances.\n\t\t\t“CCR landfill<\/span>” means an area of land or an excavation that receives CCR and is not a surface impoundment, underground injection well, salt dome formation, salt bed formation, underground or surface coal mine, or cave and that is owned or operated by an electric utility.\n\t\t\t“CCR surface impoundment<\/span>” means a natural topographic depression, man-made excavation, or diked area that (i) is designed to hold an accumulation of CCR and liquids; (ii) treats, stores, or disposes of CCR; and (iii) is owned or operated by an electric utility.\n\t\t\t“CCR unit<\/span>” means any CCR landfill<\/span>, CCR surface impoundment<\/span>, lateral expansion of a CCR unit<\/span>, or combination of two or more such units that is owned by an electric utility. Notwithstanding the provisions of 40 C.F.R. Part 257, “CCR unit<\/span>” also includes any CCR below the unit boundary of the CCR landfill<\/span> or CCR surface impoundment<\/span>.\n\t\t\t“Coal combustion residuals<\/span>” or “CCR” means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials<\/span> generated from burning coal for the purpose of generating electricity by an electric utility.\n\t\t\t“Commission<\/span>” means the State Corporation Commission<\/span>.\n\t\t\t“Encapsulated beneficial use<\/span>” means a beneficial use of CCR that binds the CCR into a solid matrix and minimizes its mobilization into the surrounding environment.\n\t\t\tThe definitions in this subsection shall be interpreted in a manner consistent with 40 C.F.R. Part 257, except as expressly provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The owner or operator of any CCR unit<\/span> located in Giles County or Russell County at the Glen Lyn Plant and the Clinch River Plant shall, if all CCR units<\/span> at such plant ceased receiving CCR and submitted notification of completion of a final cap to the Department<\/span> prior to January 1, 2019, complete post-closure care and any required corrective action of such unit. If all CCR units<\/span> at such plant have not submitted notification of completion of a final cap to the Department<\/span> prior to January 1, 2019, the owner or operator shall close all CCR units<\/span> at such plant by (i) removing all of the CCR in accordance with applicable standards established by Virginia Solid Waste Management<\/span> Regulations (9VAC20-81<\/a>) and (ii) either (a) beneficially reusing all such CCR in a recycling process for encapsulated beneficial use<\/span> or (b) disposing of the CCR in a permitted landfill on the property upon which the CCR unit<\/span> is located, adjacent to the property upon which the CCR unit<\/span> is located, or off of the property on which the CCR unit<\/span> is located, that includes, at a minimum, a composite liner and leachate collection system that meets or exceeds the federal Criteria for Municipal Solid Waste<\/span> Landfills pursuant to 40 C.F.R. Part 258. The owner or operator shall beneficially reuse CCR removed from its CCR unit<\/span> if beneficial use of such removed CCR is anticipated to reduce costs incurred under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The owner or operator shall complete the closure of any such CCR unit<\/span> required by this section no later than 15 years after initiating the excavation process at that CCR unit<\/span>. During the closure process, the owner or operator shall, at its expense, offer to provide a connection to a municipal water supply, or where such connection is not feasible provide water testing, for any residence within one-half mile of the CCR unit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Where closure pursuant to this section requires that CCR that has been beneficially reused be removed off-site, the owner or operator shall develop a transportation<\/span> plan in consultation with any county, city, or town in which the CCR units<\/span> are located and any county, city, or town within two miles of the CCR units<\/span> that minimizes the impact of any transport<\/span> of CCR on adjacent property owners and surrounding communities. The transportation<\/span> plan shall include (i) alternative transportation<\/span> options to be utilized, including rail and barge transport<\/span>, if feasible, in combination with other transportation<\/span> methods necessary to meet the closure timeframe established in subsection C and (ii) plans for any transportation<\/span> by truck, including the frequency of truck travel, the route of truck travel, and measures to control noise, traffic impact, safety, and fugitive dust caused by such truck travel. Once such transportation<\/span> plan is completed, the owner or operator shall post it on a publicly accessible website. The owner or operator shall provide notice of the availability of the plan to the Department<\/span> and the chief administrative officers of the consulting localities and shall publish such notice once in a newspaper of general circulation in such locality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The owner or operator of any CCR unit<\/span> subject to the provisions of subsection B shall accept and review proposals for the encapsulated beneficial use<\/span> of CCR pursuant to the provisions of subsection B every four years beginning July 1, 2023. Any entity submitting such a proposal shall provide information from which the owner or operator can determine (i) the amount of CCR that will be utilized for encapsulated beneficial use<\/span>; (ii) the cost of the proposed beneficial use of such CCR; and (iii) the guaranteed timeframe in which the CCR will be utilized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In conducting closure activities described in subsection B, the owner or operator shall (i) identify options for utilizing local workers; (ii) consult with the Commonwealth’s Chief Workforce Development Officer on opportunities to advance the Commonwealth’s workforce goals, including furtherance of apprenticeship and other workforce training programs to develop the local workforce; and (iii) give priority to the hiring of local workers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No later than October 1, 2023, and no less frequently than every two years thereafter until closure of or corrective action at all of its CCR units<\/span> is complete, the owner or operator of any CCR unit<\/span> subject to the provisions of subsection B shall compile the following two reports: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A report describing the owner’s or operator’s closure plan for all such CCR units<\/span>; the closure progress to date, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be beneficially reused from such units, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be landfilled from such units, both per unit and in total; a detailed accounting of the utilization of transportation<\/span> options and a transportation<\/span> plan as required by subsection D; and a discussion of groundwater and surface water monitoring results and any corrective actions or other measures taken to address such results as closure is being completed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A report that contains the proposals and analysis for proposals required by subsection E.\n\t\t\t\tThe owner or operator shall post each such report on a publicly accessible website and shall submit each such report to the Governor, the Secretary of Natural and Historic Resources, the Chairman of the Senate Committee on Agriculture, Conservation and Natural Resources, the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources, the Chairman of the Senate Committee on Commerce and Labor, the Chairman of the House Committee on Labor and Commerce, and the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> All costs associated with closure by removal of a CCR unit<\/span> or encapsulated beneficial use<\/span> of CCR material<\/span> in accordance with subsection B shall be recoverable through a rate adjustment clause authorized by the Commission<\/span> under the provisions of subdivision A 5 e of § 56-585.1<\/a>, provided that (i) when determining the reasonableness of such costs the Commission<\/span> shall not consider closure in place of the CCR unit<\/span> as an option; (ii) the annual revenue requirement recoverable through a rate adjustment clause authorized under this section, exclusive of any other rate adjustment clauses approved by the Commission<\/span> under the provisions of subdivision A 5 e of § 56-585.1<\/a>, shall not exceed $40 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $40 million in a given 12-month period, limited to the under-recovery amount and the carrying cost<\/span>, shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods without regard to this limitation, and with the length of the amortization period being determined by the Commission<\/span>; (iii) costs may begin accruing on July 1, 2020, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2022; (iv) any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and (v) any such costs that are allocated to the utility’s system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any electric public utility subject to the requirements of this section may, without regard for whether it has petitioned for any rate adjustment clause pursuant to subdivision A 5 e of § 56-585.1<\/a>, petition<\/span> the Commission<\/span> for approval of a plan for CCR unit<\/span> closure at any or all of its CCR unit<\/span> sites listed in subsection B. Any such plan shall take into account site-specific conditions and shall include proposals to beneficially reuse CCR from the sites if beneficial use is anticipated to reduce the costs allocated to customers. The Commission<\/span> shall issue<\/span> its final order<\/span> with regard to any such petition<\/span> within six months of its filing, and in doing so shall determine whether the utility’s plan for CCR unit<\/span> closure, and the projected costs associated therewith, are reasonable and prudent, taking into account that closure in place of any CCR unit<\/span> is not to be considered as an option. The Commission<\/span> shall not consider plans that do not comply with subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Nothing in this section shall be construed to require additional beneficial reuse of CCR at any active coal-fired electric generation facility if such additional beneficial reuse results in a net increase in truck traffic on the public roads of the locality in which the facility is located as compared with such traffic during calendar year 2019. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Commonwealth shall not authorize any cost recovery by an owner or operator subject to the provisions of this section for any fines or civil penalties resulting from violations of federal and state law<\/span> or regulation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCLOSURE OF CERTAIN COAL COMBUSTION RESIDUALS UNITS; GILES AND RUSSELL COUNTIES\n(\u00a7 10.1-1402.04)\n\nA. For the purposes of this section:\n\t\t\t“Carrying cost” means the cost associated with financing\nexpenditures incurred but not yet recovered from the electric utility’s\ncustomers and shall be calculated by applying the electric utility’s\nweighted average cost of debt and equity capital, as determined by the State\nCorporation Commission, with no additional margin or profit, to any unrecovered\nbalances.\n\t\t\t“CCR landfill” means an area of land or an excavation that\nreceives CCR and is not a surface impoundment, underground injection well, salt\ndome formation, salt bed formation, underground or surface coal mine, or cave\nand that is owned or operated by an electric utility.\n\t\t\t“CCR surface impoundment” means a natural topographic depression,\nman-made excavation, or diked area that (i) is designed to hold an accumulation\nof CCR and liquids; (ii) treats, stores, or disposes of CCR; and (iii) is owned\nor operated by an electric utility.\n\t\t\t“CCR unit” means any CCR landfill, CCR surface impoundment,\nlateral expansion of a CCR unit, or combination of two or more such units that\nis owned by an electric utility. Notwithstanding the provisions of 40 C.F.R.\nPart 257, “CCR unit” also includes any CCR below the unit boundary\nof the CCR landfill or CCR surface impoundment.\n\t\t\t“Coal combustion residuals” or “CCR” means fly ash,\nbottom ash, boiler slag, and flue gas desulfurization materials generated from\nburning coal for the purpose of generating electricity by an electric utility.\n\t\t\t“Commission” means the State Corporation Commission.\n\t\t\t“Encapsulated beneficial use” means a beneficial use of CCR that\nbinds the CCR into a solid matrix and minimizes its mobilization into the\nsurrounding environment.\n\t\t\tThe definitions in this subsection shall be interpreted in a manner\nconsistent with 40 C.F.R. Part 257, except as expressly provided in this\nsection.\n\nB. The owner or operator of any CCR unit located in Giles County or Russell\nCounty at the Glen Lyn Plant and the Clinch River Plant shall, if all CCR units\nat such plant ceased receiving CCR and submitted notification of completion of a\nfinal cap to the Department prior to January 1, 2019, complete post-closure care\nand any required corrective action of such unit. If all CCR units at such plant\nhave not submitted notification of completion of a final cap to the Department\nprior to January 1, 2019, the owner or operator shall close all CCR units at\nsuch plant by (i) removing all of the CCR in accordance with applicable\nstandards established by Virginia Solid Waste Management Regulations (9VAC20-81)\nand (ii) either (a) beneficially reusing all such CCR in a recycling process for\nencapsulated beneficial use or (b) disposing of the CCR in a permitted landfill\non the property upon which the CCR unit is located, adjacent to the property\nupon which the CCR unit is located, or off of the property on which the CCR unit\nis located, that includes, at a minimum, a composite liner and leachate\ncollection system that meets or exceeds the federal Criteria for Municipal Solid\nWaste Landfills pursuant to 40 C.F.R. Part 258. The owner or operator shall\nbeneficially reuse CCR removed from its CCR unit if beneficial use of such\nremoved CCR is anticipated to reduce costs incurred under this section.\n\nC. The owner or operator shall complete the closure of any such CCR unit\nrequired by this section no later than 15 years after initiating the excavation\nprocess at that CCR unit. During the closure process, the owner or operator\nshall, at its expense, offer to provide a connection to a municipal water\nsupply, or where such connection is not feasible provide water testing, for any\nresidence within one-half mile of the CCR unit.\n\nD. Where closure pursuant to this section requires that CCR that has been\nbeneficially reused be removed off-site, the owner or operator shall develop a\ntransportation plan in consultation with any county, city, or town in which the\nCCR units are located and any county, city, or town within two miles of the CCR\nunits that minimizes the impact of any transport of CCR on adjacent property\nowners and surrounding communities. The transportation plan shall include (i)\nalternative transportation options to be utilized, including rail and barge\ntransport, if feasible, in combination with other transportation methods\nnecessary to meet the closure timeframe established in subsection C and (ii)\nplans for any transportation by truck, including the frequency of truck travel,\nthe route of truck travel, and measures to control noise, traffic impact,\nsafety, and fugitive dust caused by such truck travel. Once such transportation\nplan is completed, the owner or operator shall post it on a publicly accessible\nwebsite. The owner or operator shall provide notice of the availability of the\nplan to the Department and the chief administrative officers of the consulting\nlocalities and shall publish such notice once in a newspaper of general\ncirculation in such locality.\n\nE. The owner or operator of any CCR unit subject to the provisions of subsection\nB shall accept and review proposals for the encapsulated beneficial use of CCR\npursuant to the provisions of subsection B every four years beginning July 1,\n2023. Any entity submitting such a proposal shall provide information from which\nthe owner or operator can determine (i) the amount of CCR that will be utilized\nfor encapsulated beneficial use; (ii) the cost of the proposed beneficial use of\nsuch CCR; and (iii) the guaranteed timeframe in which the CCR will be utilized.\n\nF. In conducting closure activities described in subsection B, the owner or\noperator shall (i) identify options for utilizing local workers; (ii) consult\nwith the Commonwealth’s Chief Workforce Development Officer on\nopportunities to advance the Commonwealth’s workforce goals, including\nfurtherance of apprenticeship and other workforce training programs to develop\nthe local workforce; and (iii) give priority to the hiring of local workers.\n\nG. No later than October 1, 2023, and no less frequently than every two years\nthereafter until closure of or corrective action at all of its CCR units is\ncomplete, the owner or operator of any CCR unit subject to the provisions of\nsubsection B shall compile the following two reports:\n\n 1. A report describing the owner’s or operator’s closure plan for\n all such CCR units; the closure progress to date, both per unit and in total;\n a detailed accounting of the amounts of CCR that have been and are expected to\n be beneficially reused from such units, both per unit and in total; a detailed\n accounting of the amounts of CCR that have been and are expected to be\n landfilled from such units, both per unit and in total; a detailed accounting\n of the utilization of transportation options and a transportation plan as\n required by subsection D; and a discussion of groundwater and surface water\n monitoring results and any corrective actions or other measures taken to\n address such results as closure is being completed.\n\n 2. A report that contains the proposals and analysis for proposals required by\n subsection E.\n \t\t\t\tThe owner or operator shall post each such report on a publicly accessible\n website and shall submit each such report to the Governor, the Secretary of\n Natural and Historic Resources, the Chairman of the Senate Committee on\n Agriculture, Conservation and Natural Resources, the Chairman of the House\n Committee on Agriculture, Chesapeake and Natural Resources, the Chairman of\n the Senate Committee on Commerce and Labor, the Chairman of the House\n Committee on Labor and Commerce, and the Director.\n\nH. All costs associated with closure by removal of a CCR unit or encapsulated\nbeneficial use of CCR material in accordance with subsection B shall be\nrecoverable through a rate adjustment clause authorized by the Commission under\nthe provisions of subdivision A 5 e of § 56-585.1, provided that (i) when\ndetermining the reasonableness of such costs the Commission shall not consider\nclosure in place of the CCR unit as an option; (ii) the annual revenue\nrequirement recoverable through a rate adjustment clause authorized under this\nsection, exclusive of any other rate adjustment clauses approved by the\nCommission under the provisions of subdivision A 5 e of § 56-585.1, shall\nnot exceed $40 million on a Virginia jurisdictional basis for the Commonwealth\nin any 12-month period, provided that any under-recovery amount of revenue\nrequirements incurred in excess of $40 million in a given 12-month period,\nlimited to the under-recovery amount and the carrying cost, shall be deferred\nand recovered through the rate adjustment clause over up to three succeeding\n12-month periods without regard to this limitation, and with the length of the\namortization period being determined by the Commission; (iii) costs may begin\naccruing on July 1, 2020, but no approved rate adjustment clause charges shall\nbe included in customer bills until July 1, 2022; (iv) any such costs shall be\nallocated to all customers of the utility in the Commonwealth as a\nnon-bypassable charge, irrespective of the generation supplier of any such\ncustomer; and (v) any such costs that are allocated to the utility’s\nsystem customers outside of the Commonwealth that are not actually recovered\nfrom such customers shall be included for cost recovery from jurisdictional\ncustomers in the Commonwealth through the rate adjustment clause.\n\nI. Any electric public utility subject to the requirements of this section may,\nwithout regard for whether it has petitioned for any rate adjustment clause\npursuant to subdivision A 5 e of § 56-585.1, petition the Commission for\napproval of a plan for CCR unit closure at any or all of its CCR unit sites\nlisted in subsection B. Any such plan shall take into account site-specific\nconditions and shall include proposals to beneficially reuse CCR from the sites\nif beneficial use is anticipated to reduce the costs allocated to customers. The\nCommission shall issue its final order with regard to any such petition within\nsix months of its filing, and in doing so shall determine whether the\nutility’s plan for CCR unit closure, and the projected costs associated\ntherewith, are reasonable and prudent, taking into account that closure in place\nof any CCR unit is not to be considered as an option. The Commission shall not\nconsider plans that do not comply with subsection B.\n\nJ. Nothing in this section shall be construed to require additional beneficial\nreuse of CCR at any active coal-fired electric generation facility if such\nadditional beneficial reuse results in a net increase in truck traffic on the\npublic roads of the locality in which the facility is located as compared with\nsuch traffic during calendar year 2019.\n\nK. The Commonwealth shall not authorize any cost recovery by an owner or\noperator subject to the provisions of this section for any fines or civil\npenalties resulting from violations of federal and state law or regulation.\n\nHISTORY: 2020, c. 563; 2021, Sp. Sess. I, c. 401.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}