Section 190. Definition of new and existing structures

A. A new containment structure is one whose installation began after November 16, 2006. Installation is considered to have begun if:

1. The owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the containment structure; and

2. The owner or operator has either begun a continuous onsite physical construction or installation program or has entered into contractual obligations. The contract must be such that it cannot be canceled or modified without substantial loss and must be for the physical construction or installation of the containment structure within a specific and reasonable time frame.

B. An existing containment structure is defined as one whose installation began on or before November 16, 2006.

Historical Notes

Derived from Volume 30, Issue 06, eff. January 2, 2014.

Statutory Authority

§ 3.2-3906 of the Code of Virginia; 40 CFR Part 165.