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2018 SESSION

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18102657D
HOUSE BILL NO. 182 Offered January 10, 2018 Prefiled December 24, 2017 A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3, relating to coal combustion residuals impoundments; Chesapeake Bay watershed; closure requirements. ----------
Patrons-- Carroll Foy, Ayala, Boysko, Delaney, Gooditis, Guzman, Hurst, Kory, Lindsey, Lopez, Murphy, Plum, Rasoul, Roem, Simon and Turpin
---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3 as follows:

§ 10.1-1413.3. Closure of certain coal combustion residuals impoundments.

A. The Department shall require the closure by July 1, 2022, of any coal combustion residuals (CCR) surface impoundment, as that term is defined at 40 C.F.R. § 257.53, that is located within the Chesapeake Bay watershed.

B. The completion of such required closure shall include the removal at the time of the closure of all coal combustion residuals from the impoundment; the disposal of all such residuals in a permitted, synthetically lined landfill that meets or exceeds the federal Criteria for Municipal Solid Waste Landfills pursuant to 40 C.F.R. Part 258; and the reclamation of the impoundment site in a manner consistent with the mine reclamation standards of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201.

C. Any investor-owned public electric utility that completes the closure of a surface impoundment in compliance with the provisions of this section shall be permitted to recover the costs of such closure as costs necessary for compliance with environmental laws or regulations pursuant to subdivision A 5 e of § 56-585.1, with such costs to be recovered over a 20-year period.

2. That the Director of the Department of Environmental Quality shall suspend the issuance of any permit to provide for the closure of any CCR surface impoundment located within the Chesapeake Bay watershed between May 1, 2018, and July 1, 2018.