SB717: Coal combustion byproduct; use, reuse, or reclamation in a floodplain


SENATE BILL NO. 717
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources
on February 4, 2008)
(Patron Prior to Substitute--Senator Edwards)
A BILL to amend the Code of Virginia by adding a section numbered 10.1-1402.02, relating the use of coal combustion by product in a floodplain.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 10.1-1402.02 as follows:

§ 10.1-1402.02. Use, reuse, or reclamation of coal combustion byproduct in a floodplain.

Notwithstanding any other provision of this article, for any project proposed after July 1, 2008, the Board shall not exclude or exempt from the definition of solid waste or any solid waste permitting requirements the use, reuse, or reclamation of unamended coal combustion byproduct as structural fill in an area designated as a 100-year flood plain as defined in § 10.1-600. 

SENATE BILL NO. 717
Offered January 17, 2008
A BILL to amend the Code of Virginia by adding a section numbered 10.1-1402.02, relating to public notice and meeting requirements prior to issuance of certain projects.
Patron-- Edwards

Referred to Committee on Agriculture, Conservation and Natural Resources

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 10.1-1402.02 as follows:

§ 10.1-1402.02. Public notice and meeting requirements of applicants for certain projects.

The Department shall not approve any project for the use of fossil fuel combustion products as structural fill under the Coal Combustion Byproduct Regulations (9VAC 20-85), until the applicant has:

1. Published public notice once a week for two successive weeks in a newspaper of general circulation in the locality in which the proposed permitted activity is to occur;

2. Specified in the notice the nature of the approval being sought and a general description of the project;

3. Held at least one public meeting at which citizens may speak and submit written comments. The applicant and his consulting engineer or technical advisor shall be present at the meeting to respond to questions and provide information regarding the proposed project; and

4. Submitted to the Department minutes of the public meeting as well as any written comments from the public, which shall be included in the application for approval.