Coal combustion residuals; monitoring and testing private wells and springs. (HB1846)

Introduced By

Del. Danny Marshall (R-Danville) with support from co-patron Sen. Frank Ruff (R-Clarksville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Monitoring and testing of coal combustion residuals. Requires owners or operators of electric generating facilities and landfills that manage coal combustion residuals (CCRs) to test private wells and springs located within a radius specified by the Department of Environmental Quality (DEQ) to determine the levels of heavy metals. If the facility or landfill has a liner, leachate controls, and groundwater monitoring, it is exempt from the testing requirement. The tests are to occur in the fourth quarter of each year, unless the owner of the well or spring waives the testing or DEQ determines no further testing is necessary. If the test indicates the presence of heavy metal at a level that exceeds drinking water or water quality standards, the owner or operator of an electric generating facility or landfill is required to report the exceedance within 24 hours of receiving the test results to (i) DEQ; (ii) the Virginia Department of Health (VDH); and (iii) the chief administrative officer of every locality, every private well and spring owner, and every water well systems provider, as well as local media, within the affected area. The owners or operators are also required to develop a response plan to remediate the exceedance and protect human health and the environment, and the plan is to be submitted to DEQ and VDH. With respect to the reporting of the release of CCRs, the owners or operators are required to report the release to DEQ, VDH, and the local coordinators of emergency services within one hour of learning of the release. Within four hours of the release, the owner or operator also is required to contact the local media in the affected area. Within five days of the release, the owner or operator is required to submit (a) a report describing details of the release and (b) a plan for remediation of the release. The State Water Control Board may require that certain strategies be included in the remediation plan. Read the Bill »


Bill Has Failed


01/13/2015Prefiled and ordered printed; offered 01/14/15 15103143D
01/13/2015Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/29/2015Impact statement from DPB (HB1846)
02/04/2015Tabled in Agriculture, Chesapeake and Natural Resources