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2018 SESSION
18102571DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 10.1-1402.03 as follows:
§ 10.1-1402.03. Use, reuse, or reclamation of coal combustion by-product.
A. No person shall dispose of any coal combustion residuals or close any coal combustion residuals unit, as those terms are defined at 40 C.F.R. § 257.53, unless (i) such coal combustion residuals are recycled or beneficially reused or (ii) such person can show, by clear and convincing evidence, that recycling or beneficial reuse is not cost-effective compared with another means of disposal.
B. The Board shall promulgate regulations necessary to carry out the provisions of this section.