Virginia Regulatory Town Hall
Department of Environmental Quality
Virginia Waste Management Board
Voluntary Remediation Regulations [9 VAC 20 ‑ 160]
Action is Exempt from Article 2 of the Administrative Process Act
Amendment 3
Action 4207
General Information
Action Summary The Voluntary Remediation Regulations allow persons that have an interest in contaminated property to voluntarily remediate releases of contamination on the property and obtain a certificate of satisfactory completion of remediation from the department. The certificate allows restricted or unrestricted use of the property and provides immunity from enforcement action under the Virginia Waste Management Act (Code of Virginia § 10.1-1400 et seq.), the State Water Control Law (Code of Virginia § 62.1-44.2 et seq.), and other applicable laws and regulations. The regulation provides definitions, eligibility criteria, application requirements, descriptions of work to be performed, a review process for submittals, requirements for remediation levels, conditions for termination or issuance of a certificate of satisfactory completion of remediation, and public notice requirements. The regulation also provides for the collection of registration fees capped at the lesser amount of 1% of actual remediation costs or $5000. Chapter 366 of the 2014 Acts of Assembly requires that the Virginia Waste Management Board adopt amendments to the regulation to remove the registration fee cap, to defray actual reasonable costs of the program, and to implement the amendments with an effective date of July 1, 2014. It also requires that the Department of Environmental Quality (the department) utilize a regulatory advisory panel (RAP) to assist in the development of necessary regulations and provide an opportunity for public comment. The RAP met on April 11, 2014 and made amendment recommendations to the department. The proposed amendments include (i) removal of the registration fee cap, (ii) implementation of a three-phase registration fee structure for applications received on or after July 1, 2014, (iii) provision for managing the fee structures in place prior to July 1, 2014 and the fee structure implemented on and after July 1, 2014, (iv) provision for action resulting from nonpayment of registration fees, (v) provision for registration fees for any changes to applications and eligibility that require additional program staff review, and (vi) provision for registration fees for amending previously issued certificates.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Chapter 366 - 2014 Acts of Assembly
RIS Project Yes  [004023]
Associated Mandates Registration Fees - Removal of Cap
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7004 Final Stage complete. This regulation became effective on 07/01/2014.
Contact Information
Name / Title: Gary E. Graham 
Address: 629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4103    FAX: (804)698-4510    TDD: (804)698-4021