Solid Waste Program, Land Protection and Revitalization Program. Presentation by Richard Doucette of Virginia DEQ given on May 29, 2019.

1. Regulations Related to Fill
Material Disposal
SOLID WASTE PROGRAM
LAND PROTECTION AND REVITALIZATION PROGRAM
RICHARD DOUCETTE

2. Overview
Applicable Regulations and Guidance
Virginia Solid Waste Management Regulations (VSWMR)
 Definitions
 Applicable Regulations
Contaminated Media Variance Guidance
Recent Soil Pile Examples
Managing Fill Material

3. Solid Waste Management
Virginia Solid Waste Management Regulations: 9 VAC 20-81
Division of Land Protection & Revitalization State-Wide Variance
Guidance Memo LPR-SW-04-2012: Management and Reuse of
Contaminated Media

4. Solid Waste Management Regulations
9 VAC 20-81-10 Definitions
“Solid waste" means any of those materials defined as "solid waste"
in 9VAC20-81-95.

5. Solid Waste Management Regulations
9VAC20-81-95.C. states “In addition, the following materials are not
solid wastes for the purpose of this chapter:
7. The following materials and uses listed in this part are exempt from
this chapter as long as they are managed so that they do not create
an open dump, hazard, or public nuisance. These materials and the
designated use are considered a beneficial use of waste materials:
n. Uncontaminated concrete and concrete products, asphalt
pavement, brick, glass, soil, and rock placed in commerce for service
as a substitute for conventional aggregate;”

6. Solid Waste Management Regulations
9VAC20-81-95.D. states
“D. The following activities are conditionally exempt from this chapter
provided no open dump, hazard, or public nuisance is created:
11. Using rocks, brick, block, dirt, broken concrete, crushed glass,
porcelain, and road pavement as clean fill.”

7. Solid Waste Management Regulations
9 VAC 20-81-10 Definitions
"Open dump" means a site on which any solid waste is placed,
discharged, deposited, injected, dumped, or spilled so as to present a
threat of a release of harmful substances into the environment or
present a hazard to human health. Such a site is subject to the Open
Dump Criteria in 9VAC20-81-45. "
"Nuisance" means an activity that unreasonably interferes with an
individual's or the public's comfort, convenience or enjoyment such
that it interferes with the rights of others by causing damage,
annoyance, or inconvenience.

8. Solid Waste Management Guidance
Contaminated Media Variance
Guidance created in 2012 to address the movement of soil between
properties
Creates a self-implementing program that follows a tier-based
decision model for managing contaminated media
Identifies the source of the material and the destination for the
material, along with any sampling information, and prescribes
restrictive covenants for destination propery

9. Recent Soil Piles in Northern Virginia
NOVA Turf – Fauquier County
Gable Farms – Loudoun County

10. NOVA Turf – Fauquier County

11. NOVA Turf – Fauquier County

12. NOVA Turf – Fauquier County

13. NOVA Turf – Fauquier County

14. Gable Farms – Loudoun County

15. Gable Farms – Loudoun County

16. Managing Fill
DEQ’s involvement with large scale projects
Metrorail – Soil Thresholds Logic Diagram
US Patent and Trademark Office –
Soil and Landfill Material Disposal Characterization Plan

18. Berea Drive – Fairfax County

19. Questions?
Contact:
Richard Doucette, Land Protection and Revitalization Program Manager
Virginia Department of Environmental Quality
Northern Regional Office
richard.doucette@deq.virginia.gov (703) 583-3813