§ 62.1-44.19:3. Prohibition on land application, marketing and distributionof sewage sludge without permit; ordinances; notice requirement; fees.
A. 1. No owner of a sewage treatment works shall land apply, market ordistribute sewage sludge from such treatment works except in compliance witha valid Virginia Pollutant Discharge Elimination System Permit or validVirginia Pollution Abatement Permit.
2. Sewage sludge shall be treated to meet standards for land application asrequired by Board regulation prior to delivery at the land application site.No person shall alter the composition of sewage sludge at a site approved forland application of sewage sludge under a Virginia Pollution Abatement Permitor a Virginia Pollutant Discharge Elimination System. Any person who engagesin the alteration of such sewage sludge shall be subject to the penaltiesprovided in Article 6 (§ 62.1-44.31 et seq.) of this chapter. The addition oflime or deodorants to sewage sludge that has been treated to meet landapplication standards shall not constitute alteration of the composition ofsewage sludge. The Department may authorize public institutions of highereducation to conduct scientific research on the composition of sewage sludgethat may be applied to land.
3. No person shall contract or propose to contract, with the owner of asewage treatment works, to land apply, market or distribute sewage sludge inthe Commonwealth, nor shall any person land apply, market or distributesewage sludge in the Commonwealth without a current Virginia PollutionAbatement Permit authorizing land application, marketing or distribution ofsewage sludge and specifying the location or locations, and the terms andconditions of such land application, marketing or distribution. The permitapplication shall not be complete unless it includes the landowner's writtenconsent to apply sewage sludge on his property.
4. The land disposal of lime-stabilized septage and unstabilized septage isprohibited.
5. Beginning July 1, 2007, no application for a permit or variance toauthorize the storage of sewage sludge shall be complete unless it containscertification from the governing body of the locality in which the sewagesludge is to be stored that the storage site is consistent with allapplicable ordinances. The governing body shall confirm or deny consistencywithin 30 days of receiving a request for certification. If the governingbody does not so respond, the site shall be deemed consistent.
B. The Board, with the assistance of the Department of Conservation andRecreation and the Department of Health, shall adopt regulations to ensurethat (i) sewage sludge permitted for land application, marketing, ordistribution is properly treated or stabilized; (ii) land application,marketing, and distribution of sewage sludge is performed in a manner thatwill protect public health and the environment; and (iii) the escape, flow ordischarge of sewage sludge into state waters, in a manner that would causepollution of state waters, as those terms are defined in § 62.1-44.3, shallbe prevented.
C. Regulations adopted by the Board, with the assistance of the Department ofConservation and Recreation and the Department of Health pursuant tosubsection B, shall include:
1. Requirements and procedures for the issuance and amendment of permits,including general permits, authorizing the land application, marketing ordistribution of sewage sludge;
2. Procedures for amending land application permits to include additionalapplication sites and sewage sludge types;
3. Standards for treatment or stabilization of sewage sludge prior to landapplication, marketing or distribution;
4. Requirements for determining the suitability of land application sites andfacilities used in land application, marketing or distribution of sewagesludge;
5. Required procedures for land application, marketing, and distribution ofsewage sludge;
6. Requirements for sampling, analysis, recordkeeping, and reporting inconnection with land application, marketing, and distribution of sewagesludge;
7. Provisions for notification of local governing bodies to ensure compliancewith §§ 62.1-44.15:3 and 62.1-44.19:3.4;
8. Requirements for site-specific nutrient management plans, which shall bedeveloped by persons certified in accordance with § 10.1-104.2 prior to landapplication for all sites where sewage sludge is land applied, and approvedby the Department of Conservation and Recreation prior to permit issuanceunder specific conditions, including but not limited to, sites operated by anowner or lessee of a Confined Animal Feeding Operation, as defined insubsection A of § 62.1-44.17:1, or Confined Poultry Feeding Operation, asdefined in § 62.1-44.17:1.1, sites where the permit authorizes landapplication more frequently than once every three years at greater than 50percent of the annual agronomic rate, and other sites based on site-specificconditions that increase the risk that land application may adversely impactstate waters;
9. Procedures for the prompt investigation and disposition of complaintsconcerning land application of sewage sludge, including the requirements that(i) holders of permits issued under this section shall report all complaintsreceived by them to the Department and to the local governing body of thejurisdiction in which the complaint originates, and (ii) localities receivingcomplaints concerning land application of sewage sludge shall notify theDepartment and the permit holder. The Department shall maintain a searchableelectronic database of complaints received during the current and precedingcalendar year, which shall include information detailing each complaint andhow it was resolved; and
10. Procedures for receiving and responding to public comments onapplications for permits and for permit amendments authorizing landapplication at additional sites. Such procedures shall provide that anapplication for any permit amendments to increase the acreage authorized bythe initial permit by 50 percent or more shall be treated as a newapplication for purposes of public notice and public hearings.
D. Prior to issuance of a permit authorizing the land application, marketingor distribution of sewage sludge, the Department shall consult with, and givefull consideration to the written recommendations of the Department of Healthand the Department of Conservation and Recreation. Such consultation shallinclude any public health risks or water quality impacts associated with thepermitted activity. The Department of Health and the Department ofConservation and Recreation may submit written comments on proposed permitswithin 30 days after notification by the Department.
E. Where, because of site-specific conditions, including soil type,identified during the permit application review process, the Departmentdetermines that special requirements are necessary to protect the environmentor the health, safety or welfare of persons residing in the vicinity of aproposed land application site, the Department may incorporate in the permitat the time it is issued reasonable special conditions regarding buffering,transportation routes, slope, material source, methods of handling andapplication, and time of day restrictions exceeding those required by theregulations adopted under this section. Before incorporating any suchconditions into the permit, the Department shall provide written notice tothe permit applicant, specifying the reasons therefor and identifying thesite-specific conditions justifying the additional requirements. TheDepartment shall incorporate into the notice any written requests orrecommendations concerning such site-specific conditions submitted by thelocal governing body where the land application is to take place. The permitapplicant shall have at least 14 days in which to review and respond to theproposed conditions.
F. The Board shall adopt regulations prescribing a fee to be charged to allpermit holders and persons applying for permits and permit modificationspursuant to this section. All fees collected pursuant to this subsectionshall be deposited into the Sludge Management Fund. The fee for the initialissuance of a permit shall be $5,000. The fee for the reissuance, amendment,or modification of a permit for an existing site shall not exceed $1,000 andshall be charged only for permit actions initiated by the permit holder. Feescollected under this section shall be exempt from statewide indirect costscharged and collected by the Department of Accounts and shall not supplant orreduce the general fund appropriation to the Department.
G. There is hereby established in the treasury a special fund to be known asthe Sludge Management Fund, hereinafter referred to as the Fund. The feesrequired by this section shall be transmitted to the Comptroller to bedeposited into the Fund. The income and principal of the Fund shall be usedonly and exclusively for the Department's direct and indirect costsassociated with the processing of an application to issue, reissue, amend, ormodify any permit to land apply, distribute, or market sewage sludge, theadministration and management of the Department's sewage sludge landapplication program, including but not limited to, monitoring and inspecting,the Department of Conservation and Recreation's costs for implementation ofthe sewage sludge application program, and to reimburse localities with dulyadopted ordinances providing for the testing and monitoring of the landapplication of sewage sludge. The State Treasurer shall be the custodian ofthe moneys deposited in the Fund. No part of the Fund, either principal orinterest earned thereon, shall revert to the general fund of the statetreasury.
H. All persons holding or applying for a permit authorizing the landapplication of sewage sludge shall provide to the Board written evidence offinancial responsibility, which shall be available to pay claims for cleanupcosts, personal injury, and property damages resulting from thetransportation, storage or land application of sewage sludge. The Boardshall, by regulation, establish and prescribe mechanisms for meeting thefinancial responsibility requirements of this section.
I. Any county, city or town may adopt an ordinance that provides for thetesting and monitoring of the land application of sewage sludge within itspolitical boundaries to ensure compliance with applicable laws andregulations.
J. The Department, upon the timely request of any individual to test thesewage sludge at a specific site, shall collect samples of the sewage sludgeat the site prior to the land application and submit such samples to alaboratory. The testing shall include an analysis of the (i) concentration oftrace elements, (ii) coliform count, and (iii) pH level. The results of thelaboratory analysis shall be (a) furnished to the individual requesting thatthe test be conducted and (b) reviewed by the Department. The personrequesting the test and analysis of the sewage sludge shall pay the costs ofsampling, testing, and analysis.
K. At least 100 days prior to commencing land application of sewage sludge ata permitted site, the permit holder shall deliver or cause to be deliveredwritten notification to the chief executive officer or his designee for thelocal government where the site is located. The notice shall identify thelocation of the permitted site and the expected sources of the sewage sludgeto be applied to the site. This requirement may be satisfied by providing alist of all available permitted sites in the locality at least 100 days priorto commencing the application at any site on the list. This requirement shallnot apply to any application commenced prior to October 10, 2005. If the siteis located in more than one county, the notice shall be provided to alljurisdictions where the site is located.
L. The permit holder shall deliver or cause to be delivered writtennotification to the Department at least 14 days prior to commencing landapplication of sewage sludge at a permitted site. The notice shall identifythe location of the permitted site and the expected sources of the sewagesludge to be applied to the site.
M. The Department shall randomly conduct unannounced site inspections whileland application of sewage sludge is in progress at a sufficient frequency todetermine compliance with the requirements of this section, § 62.1-44.19:3.1,or regulations adopted under those sections.
N. Surface incorporation into the soil of sewage sludge applied to croplandmay be required when practicable and compatible with a soil conservation planmeeting the standards and specifications of the U.S. Department ofAgriculture Natural Resources Conservation Service.
O. The Board shall develop regulations specifying and providing for extendedbuffers to be employed for application of sewage sludge (i) to hay, pasture,and forestlands; or (ii) to croplands where surface incorporation is notpracticable or is incompatible with a soil conservation plan meeting thestandards and specifications of the U.S. Department of Agriculture NaturalResources Conservation Service. Such extended buffers may be included by theDepartment as site specific permit conditions pursuant to subsection E, as analternative to surface incorporation when necessary to protect odor sensitivereceptors as determined by the Department or the local monitor.
P. The Board shall adopt regulations requiring the payment of a fee for theland application of sewage sludge, pursuant to permits issued under thissection. The person land applying sewage sludge shall (i) provide advancenotice of the estimated fee to the generator of the sewage sludge unlessnotification is waived, (ii) collect the fee from the generator, and (iii)remit the fee to the Department as provided for by regulation. The fee shallbe imposed on each dry ton of sewage sludge that is land applied in theCommonwealth. The regulations shall include requirements and procedures for:
1. Collection of fees by the Department;
2. Deposit of the fees into the Fund; and
3. Disbursement of proceeds by the Department pursuant to subsection G.
Q. The Department, in consultation with the Department of Health, theDepartment of Conservation and Recreation, the Department of Agriculture andConsumer Services, and the Virginia Cooperative Extension Service, shallestablish and implement a program to train persons employed by those localgovernments that have adopted ordinances, pursuant to this section, to testand monitor the land application of sewage sludge. The program shall include,at a minimum, instruction in: (i) the provisions of the Virginia BiosolidsUse Regulations; (ii) land application methods and equipment, includingmethods and processes for preparation and stabilization of sewage sludge thatis land applied; (iii) sampling and chain of custody control; (iv)preparation and implementation of nutrient management plans for landapplication sites; (v) complaint response and preparation of complaint andinspection reports; (vi) enforcement authority and procedures; (vii)interaction and communication with the public; and (viii) preparation ofapplications for reimbursement of local monitoring costs disbursed pursuantto subsection G. To the extent feasible, the program shall emphasize in-fieldinstruction and practical training. Persons employed by local governmentsshall successfully complete such training before the local government mayrequest reimbursement from the Board for testing and monitoring of landapplication of sewage sludge performed by the person. The completion oftraining shall not be a prerequisite to the exercise of authority granted tolocal governments by any applicable provision of law.
The Department may:
1. Charge attendees a reasonable fee to recover the actual costs of preparingcourse materials and providing facilities and instructors for the program.The fee shall be reimbursable from the Fund established pursuant to thissection; and
2. Request and accept the assistance and participation of other stateagencies and institutions in preparing and presenting the course of trainingestablished by this subsection.
R. Localities, as part of their zoning ordinances, may designate orreasonably restrict the storage of sewage sludge based on criteria directlyrelated to the public health, safety, and welfare of its citizens and theenvironment. Notwithstanding any contrary provision of law, a locality may byordinance require that a special exception or a special use permit beobtained to begin the storage of sewage sludge on any property in itsjurisdiction, including any area that is zoned as an agricultural district orclassification. Such ordinances shall not restrict the storage of sewagesludge on a farm as long as such sludge is being stored (i) solely for landapplication on that farm and (ii) for a period no longer than 45 days. Noperson shall apply to the State Health Commissioner or the Department ofEnvironmental Quality for a permit, a variance, or a permit modificationauthorizing such storage without first complying with all requirementsadopted pursuant to this subsection.
(1994, c. 288; 2001, c. 831; 2005, cc. 197, 396, 459, 593; 2007, cc. 390,881, 927, 929; 2009, c. 42.)
§ 62.1-44.19:3. Prohibition on land application, marketing and distributionof sewage sludge without permit; ordinances; notice requirement; fees.
A. 1. No owner of a sewage treatment works shall land apply, market ordistribute sewage sludge from such treatment works except in compliance witha valid Virginia Pollutant Discharge Elimination System Permit or validVirginia Pollution Abatement Permit.
2. Sewage sludge shall be treated to meet standards for land application asrequired by Board regulation prior to delivery at the land application site.No person shall alter the composition of sewage sludge at a site approved forland application of sewage sludge under a Virginia Pollution Abatement Permitor a Virginia Pollutant Discharge Elimination System. Any person who engagesin the alteration of such sewage sludge shall be subject to the penaltiesprovided in Article 6 (§ 62.1-44.31 et seq.) of this chapter. The addition oflime or deodorants to sewage sludge that has been treated to meet landapplication standards shall not constitute alteration of the composition ofsewage sludge. The Department may authorize public institutions of highereducation to conduct scientific research on the composition of sewage sludgethat may be applied to land.
3. No person shall contract or propose to contract, with the owner of asewage treatment works, to land apply, market or distribute sewage sludge inthe Commonwealth, nor shall any person land apply, market or distributesewage sludge in the Commonwealth without a current Virginia PollutionAbatement Permit authorizing land application, marketing or distribution ofsewage sludge and specifying the location or locations, and the terms andconditions of such land application, marketing or distribution. The permitapplication shall not be complete unless it includes the landowner's writtenconsent to apply sewage sludge on his property.
4. The land disposal of lime-stabilized septage and unstabilized septage isprohibited.
5. Beginning July 1, 2007, no application for a permit or variance toauthorize the storage of sewage sludge shall be complete unless it containscertification from the governing body of the locality in which the sewagesludge is to be stored that the storage site is consistent with allapplicable ordinances. The governing body shall confirm or deny consistencywithin 30 days of receiving a request for certification. If the governingbody does not so respond, the site shall be deemed consistent.
B. The Board, with the assistance of the Department of Conservation andRecreation and the Department of Health, shall adopt regulations to ensurethat (i) sewage sludge permitted for land application, marketing, ordistribution is properly treated or stabilized; (ii) land application,marketing, and distribution of sewage sludge is performed in a manner thatwill protect public health and the environment; and (iii) the escape, flow ordischarge of sewage sludge into state waters, in a manner that would causepollution of state waters, as those terms are defined in § 62.1-44.3, shallbe prevented.
C. Regulations adopted by the Board, with the assistance of the Department ofConservation and Recreation and the Department of Health pursuant tosubsection B, shall include:
1. Requirements and procedures for the issuance and amendment of permits,including general permits, authorizing the land application, marketing ordistribution of sewage sludge;
2. Procedures for amending land application permits to include additionalapplication sites and sewage sludge types;
3. Standards for treatment or stabilization of sewage sludge prior to landapplication, marketing or distribution;
4. Requirements for determining the suitability of land application sites andfacilities used in land application, marketing or distribution of sewagesludge;
5. Required procedures for land application, marketing, and distribution ofsewage sludge;
6. Requirements for sampling, analysis, recordkeeping, and reporting inconnection with land application, marketing, and distribution of sewagesludge;
7. Provisions for notification of local governing bodies to ensure compliancewith §§ 62.1-44.15:3 and 62.1-44.19:3.4;
8. Requirements for site-specific nutrient management plans, which shall bedeveloped by persons certified in accordance with § 10.1-104.2 prior to landapplication for all sites where sewage sludge is land applied, and approvedby the Department of Conservation and Recreation prior to permit issuanceunder specific conditions, including but not limited to, sites operated by anowner or lessee of a Confined Animal Feeding Operation, as defined insubsection A of § 62.1-44.17:1, or Confined Poultry Feeding Operation, asdefined in § 62.1-44.17:1.1, sites where the permit authorizes landapplication more frequently than once every three years at greater than 50percent of the annual agronomic rate, and other sites based on site-specificconditions that increase the risk that land application may adversely impactstate waters;
9. Procedures for the prompt investigation and disposition of complaintsconcerning land application of sewage sludge, including the requirements that(i) holders of permits issued under this section shall report all complaintsreceived by them to the Department and to the local governing body of thejurisdiction in which the complaint originates, and (ii) localities receivingcomplaints concerning land application of sewage sludge shall notify theDepartment and the permit holder. The Department shall maintain a searchableelectronic database of complaints received during the current and precedingcalendar year, which shall include information detailing each complaint andhow it was resolved; and
10. Procedures for receiving and responding to public comments onapplications for permits and for permit amendments authorizing landapplication at additional sites. Such procedures shall provide that anapplication for any permit amendments to increase the acreage authorized bythe initial permit by 50 percent or more shall be treated as a newapplication for purposes of public notice and public hearings.
D. Prior to issuance of a permit authorizing the land application, marketingor distribution of sewage sludge, the Department shall consult with, and givefull consideration to the written recommendations of the Department of Healthand the Department of Conservation and Recreation. Such consultation shallinclude any public health risks or water quality impacts associated with thepermitted activity. The Department of Health and the Department ofConservation and Recreation may submit written comments on proposed permitswithin 30 days after notification by the Department.
E. Where, because of site-specific conditions, including soil type,identified during the permit application review process, the Departmentdetermines that special requirements are necessary to protect the environmentor the health, safety or welfare of persons residing in the vicinity of aproposed land application site, the Department may incorporate in the permitat the time it is issued reasonable special conditions regarding buffering,transportation routes, slope, material source, methods of handling andapplication, and time of day restrictions exceeding those required by theregulations adopted under this section. Before incorporating any suchconditions into the permit, the Department shall provide written notice tothe permit applicant, specifying the reasons therefor and identifying thesite-specific conditions justifying the additional requirements. TheDepartment shall incorporate into the notice any written requests orrecommendations concerning such site-specific conditions submitted by thelocal governing body where the land application is to take place. The permitapplicant shall have at least 14 days in which to review and respond to theproposed conditions.
F. The Board shall adopt regulations prescribing a fee to be charged to allpermit holders and persons applying for permits and permit modificationspursuant to this section. All fees collected pursuant to this subsectionshall be deposited into the Sludge Management Fund. The fee for the initialissuance of a permit shall be $5,000. The fee for the reissuance, amendment,or modification of a permit for an existing site shall not exceed $1,000 andshall be charged only for permit actions initiated by the permit holder. Feescollected under this section shall be exempt from statewide indirect costscharged and collected by the Department of Accounts and shall not supplant orreduce the general fund appropriation to the Department.
G. There is hereby established in the treasury a special fund to be known asthe Sludge Management Fund, hereinafter referred to as the Fund. The feesrequired by this section shall be transmitted to the Comptroller to bedeposited into the Fund. The income and principal of the Fund shall be usedonly and exclusively for the Department's direct and indirect costsassociated with the processing of an application to issue, reissue, amend, ormodify any permit to land apply, distribute, or market sewage sludge, theadministration and management of the Department's sewage sludge landapplication program, including but not limited to, monitoring and inspecting,the Department of Conservation and Recreation's costs for implementation ofthe sewage sludge application program, and to reimburse localities with dulyadopted ordinances providing for the testing and monitoring of the landapplication of sewage sludge. The State Treasurer shall be the custodian ofthe moneys deposited in the Fund. No part of the Fund, either principal orinterest earned thereon, shall revert to the general fund of the statetreasury.
H. All persons holding or applying for a permit authorizing the landapplication of sewage sludge shall provide to the Board written evidence offinancial responsibility, which shall be available to pay claims for cleanupcosts, personal injury, and property damages resulting from thetransportation, storage or land application of sewage sludge. The Boardshall, by regulation, establish and prescribe mechanisms for meeting thefinancial responsibility requirements of this section.
I. Any county, city or town may adopt an ordinance that provides for thetesting and monitoring of the land application of sewage sludge within itspolitical boundaries to ensure compliance with applicable laws andregulations.
J. The Department, upon the timely request of any individual to test thesewage sludge at a specific site, shall collect samples of the sewage sludgeat the site prior to the land application and submit such samples to alaboratory. The testing shall include an analysis of the (i) concentration oftrace elements, (ii) coliform count, and (iii) pH level. The results of thelaboratory analysis shall be (a) furnished to the individual requesting thatthe test be conducted and (b) reviewed by the Department. The personrequesting the test and analysis of the sewage sludge shall pay the costs ofsampling, testing, and analysis.
K. At least 100 days prior to commencing land application of sewage sludge ata permitted site, the permit holder shall deliver or cause to be deliveredwritten notification to the chief executive officer or his designee for thelocal government where the site is located. The notice shall identify thelocation of the permitted site and the expected sources of the sewage sludgeto be applied to the site. This requirement may be satisfied by providing alist of all available permitted sites in the locality at least 100 days priorto commencing the application at any site on the list. This requirement shallnot apply to any application commenced prior to October 10, 2005. If the siteis located in more than one county, the notice shall be provided to alljurisdictions where the site is located.
L. The permit holder shall deliver or cause to be delivered writtennotification to the Department at least 14 days prior to commencing landapplication of sewage sludge at a permitted site. The notice shall identifythe location of the permitted site and the expected sources of the sewagesludge to be applied to the site.
M. The Department shall randomly conduct unannounced site inspections whileland application of sewage sludge is in progress at a sufficient frequency todetermine compliance with the requirements of this section, § 62.1-44.19:3.1,or regulations adopted under those sections.
N. Surface incorporation into the soil of sewage sludge applied to croplandmay be required when practicable and compatible with a soil conservation planmeeting the standards and specifications of the U.S. Department ofAgriculture Natural Resources Conservation Service.
O. The Board shall develop regulations specifying and providing for extendedbuffers to be employed for application of sewage sludge (i) to hay, pasture,and forestlands; or (ii) to croplands where surface incorporation is notpracticable or is incompatible with a soil conservation plan meeting thestandards and specifications of the U.S. Department of Agriculture NaturalResources Conservation Service. Such extended buffers may be included by theDepartment as site specific permit conditions pursuant to subsection E, as analternative to surface incorporation when necessary to protect odor sensitivereceptors as determined by the Department or the local monitor.
P. The Board shall adopt regulations requiring the payment of a fee for theland application of sewage sludge, pursuant to permits issued under thissection. The person land applying sewage sludge shall (i) provide advancenotice of the estimated fee to the generator of the sewage sludge unlessnotification is waived, (ii) collect the fee from the generator, and (iii)remit the fee to the Department as provided for by regulation. The fee shallbe imposed on each dry ton of sewage sludge that is land applied in theCommonwealth. The regulations shall include requirements and procedures for:
1. Collection of fees by the Department;
2. Deposit of the fees into the Fund; and
3. Disbursement of proceeds by the Department pursuant to subsection G.
Q. The Department, in consultation with the Department of Health, theDepartment of Conservation and Recreation, the Department of Agriculture andConsumer Services, and the Virginia Cooperative Extension Service, shallestablish and implement a program to train persons employed by those localgovernments that have adopted ordinances, pursuant to this section, to testand monitor the land application of sewage sludge. The program shall include,at a minimum, instruction in: (i) the provisions of the Virginia BiosolidsUse Regulations; (ii) land application methods and equipment, includingmethods and processes for preparation and stabilization of sewage sludge thatis land applied; (iii) sampling and chain of custody control; (iv)preparation and implementation of nutrient management plans for landapplication sites; (v) complaint response and preparation of complaint andinspection reports; (vi) enforcement authority and procedures; (vii)interaction and communication with the public; and (viii) preparation ofapplications for reimbursement of local monitoring costs disbursed pursuantto subsection G. To the extent feasible, the program shall emphasize in-fieldinstruction and practical training. Persons employed by local governmentsshall successfully complete such training before the local government mayrequest reimbursement from the Board for testing and monitoring of landapplication of sewage sludge performed by the person. The completion oftraining shall not be a prerequisite to the exercise of authority granted tolocal governments by any applicable provision of law.
The Department may:
1. Charge attendees a reasonable fee to recover the actual costs of preparingcourse materials and providing facilities and instructors for the program.The fee shall be reimbursable from the Fund established pursuant to thissection; and
2. Request and accept the assistance and participation of other stateagencies and institutions in preparing and presenting the course of trainingestablished by this subsection.
R. Localities, as part of their zoning ordinances, may designate orreasonably restrict the storage of sewage sludge based on criteria directlyrelated to the public health, safety, and welfare of its citizens and theenvironment. Notwithstanding any contrary provision of law, a locality may byordinance require that a special exception or a special use permit beobtained to begin the storage of sewage sludge on any property in itsjurisdiction, including any area that is zoned as an agricultural district orclassification. Such ordinances shall not restrict the storage of sewagesludge on a farm as long as such sludge is being stored (i) solely for landapplication on that farm and (ii) for a period no longer than 45 days. Noperson shall apply to the State Health Commissioner or the Department ofEnvironmental Quality for a permit, a variance, or a permit modificationauthorizing such storage without first complying with all requirementsadopted pursuant to this subsection.
(1994, c. 288; 2001, c. 831; 2005, cc. 197, 396, 459, 593; 2007, cc. 390,881, 927, 929; 2009, c. 42.)
§ 62.1-44.19:3. Prohibition on land application, marketing and distributionof sewage sludge without permit; ordinances; notice requirement; fees.
A. 1. No owner of a sewage treatment works shall land apply, market ordistribute sewage sludge from such treatment works except in compliance witha valid Virginia Pollutant Discharge Elimination System Permit or validVirginia Pollution Abatement Permit.
2. Sewage sludge shall be treated to meet standards for land application asrequired by Board regulation prior to delivery at the land application site.No person shall alter the composition of sewage sludge at a site approved forland application of sewage sludge under a Virginia Pollution Abatement Permitor a Virginia Pollutant Discharge Elimination System. Any person who engagesin the alteration of such sewage sludge shall be subject to the penaltiesprovided in Article 6 (§ 62.1-44.31 et seq.) of this chapter. The addition oflime or deodorants to sewage sludge that has been treated to meet landapplication standards shall not constitute alteration of the composition ofsewage sludge. The Department may authorize public institutions of highereducation to conduct scientific research on the composition of sewage sludgethat may be applied to land.
3. No person shall contract or propose to contract, with the owner of asewage treatment works, to land apply, market or distribute sewage sludge inthe Commonwealth, nor shall any person land apply, market or distributesewage sludge in the Commonwealth without a current Virginia PollutionAbatement Permit authorizing land application, marketing or distribution ofsewage sludge and specifying the location or locations, and the terms andconditions of such land application, marketing or distribution. The permitapplication shall not be complete unless it includes the landowner's writtenconsent to apply sewage sludge on his property.
4. The land disposal of lime-stabilized septage and unstabilized septage isprohibited.
5. Beginning July 1, 2007, no application for a permit or variance toauthorize the storage of sewage sludge shall be complete unless it containscertification from the governing body of the locality in which the sewagesludge is to be stored that the storage site is consistent with allapplicable ordinances. The governing body shall confirm or deny consistencywithin 30 days of receiving a request for certification. If the governingbody does not so respond, the site shall be deemed consistent.
B. The Board, with the assistance of the Department of Conservation andRecreation and the Department of Health, shall adopt regulations to ensurethat (i) sewage sludge permitted for land application, marketing, ordistribution is properly treated or stabilized; (ii) land application,marketing, and distribution of sewage sludge is performed in a manner thatwill protect public health and the environment; and (iii) the escape, flow ordischarge of sewage sludge into state waters, in a manner that would causepollution of state waters, as those terms are defined in § 62.1-44.3, shallbe prevented.
C. Regulations adopted by the Board, with the assistance of the Department ofConservation and Recreation and the Department of Health pursuant tosubsection B, shall include:
1. Requirements and procedures for the issuance and amendment of permits,including general permits, authorizing the land application, marketing ordistribution of sewage sludge;
2. Procedures for amending land application permits to include additionalapplication sites and sewage sludge types;
3. Standards for treatment or stabilization of sewage sludge prior to landapplication, marketing or distribution;
4. Requirements for determining the suitability of land application sites andfacilities used in land application, marketing or distribution of sewagesludge;
5. Required procedures for land application, marketing, and distribution ofsewage sludge;
6. Requirements for sampling, analysis, recordkeeping, and reporting inconnection with land application, marketing, and distribution of sewagesludge;
7. Provisions for notification of local governing bodies to ensure compliancewith §§ 62.1-44.15:3 and 62.1-44.19:3.4;
8. Requirements for site-specific nutrient management plans, which shall bedeveloped by persons certified in accordance with § 10.1-104.2 prior to landapplication for all sites where sewage sludge is land applied, and approvedby the Department of Conservation and Recreation prior to permit issuanceunder specific conditions, including but not limited to, sites operated by anowner or lessee of a Confined Animal Feeding Operation, as defined insubsection A of § 62.1-44.17:1, or Confined Poultry Feeding Operation, asdefined in § 62.1-44.17:1.1, sites where the permit authorizes landapplication more frequently than once every three years at greater than 50percent of the annual agronomic rate, and other sites based on site-specificconditions that increase the risk that land application may adversely impactstate waters;
9. Procedures for the prompt investigation and disposition of complaintsconcerning land application of sewage sludge, including the requirements that(i) holders of permits issued under this section shall report all complaintsreceived by them to the Department and to the local governing body of thejurisdiction in which the complaint originates, and (ii) localities receivingcomplaints concerning land application of sewage sludge shall notify theDepartment and the permit holder. The Department shall maintain a searchableelectronic database of complaints received during the current and precedingcalendar year, which shall include information detailing each complaint andhow it was resolved; and
10. Procedures for receiving and responding to public comments onapplications for permits and for permit amendments authorizing landapplication at additional sites. Such procedures shall provide that anapplication for any permit amendments to increase the acreage authorized bythe initial permit by 50 percent or more shall be treated as a newapplication for purposes of public notice and public hearings.
D. Prior to issuance of a permit authorizing the land application, marketingor distribution of sewage sludge, the Department shall consult with, and givefull consideration to the written recommendations of the Department of Healthand the Department of Conservation and Recreation. Such consultation shallinclude any public health risks or water quality impacts associated with thepermitted activity. The Department of Health and the Department ofConservation and Recreation may submit written comments on proposed permitswithin 30 days after notification by the Department.
E. Where, because of site-specific conditions, including soil type,identified during the permit application review process, the Departmentdetermines that special requirements are necessary to protect the environmentor the health, safety or welfare of persons residing in the vicinity of aproposed land application site, the Department may incorporate in the permitat the time it is issued reasonable special conditions regarding buffering,transportation routes, slope, material source, methods of handling andapplication, and time of day restrictions exceeding those required by theregulations adopted under this section. Before incorporating any suchconditions into the permit, the Department shall provide written notice tothe permit applicant, specifying the reasons therefor and identifying thesite-specific conditions justifying the additional requirements. TheDepartment shall incorporate into the notice any written requests orrecommendations concerning such site-specific conditions submitted by thelocal governing body where the land application is to take place. The permitapplicant shall have at least 14 days in which to review and respond to theproposed conditions.
F. The Board shall adopt regulations prescribing a fee to be charged to allpermit holders and persons applying for permits and permit modificationspursuant to this section. All fees collected pursuant to this subsectionshall be deposited into the Sludge Management Fund. The fee for the initialissuance of a permit shall be $5,000. The fee for the reissuance, amendment,or modification of a permit for an existing site shall not exceed $1,000 andshall be charged only for permit actions initiated by the permit holder. Feescollected under this section shall be exempt from statewide indirect costscharged and collected by the Department of Accounts and shall not supplant orreduce the general fund appropriation to the Department.
G. There is hereby established in the treasury a special fund to be known asthe Sludge Management Fund, hereinafter referred to as the Fund. The feesrequired by this section shall be transmitted to the Comptroller to bedeposited into the Fund. The income and principal of the Fund shall be usedonly and exclusively for the Department's direct and indirect costsassociated with the processing of an application to issue, reissue, amend, ormodify any permit to land apply, distribute, or market sewage sludge, theadministration and management of the Department's sewage sludge landapplication program, including but not limited to, monitoring and inspecting,the Department of Conservation and Recreation's costs for implementation ofthe sewage sludge application program, and to reimburse localities with dulyadopted ordinances providing for the testing and monitoring of the landapplication of sewage sludge. The State Treasurer shall be the custodian ofthe moneys deposited in the Fund. No part of the Fund, either principal orinterest earned thereon, shall revert to the general fund of the statetreasury.
H. All persons holding or applying for a permit authorizing the landapplication of sewage sludge shall provide to the Board written evidence offinancial responsibility, which shall be available to pay claims for cleanupcosts, personal injury, and property damages resulting from thetransportation, storage or land application of sewage sludge. The Boardshall, by regulation, establish and prescribe mechanisms for meeting thefinancial responsibility requirements of this section.
I. Any county, city or town may adopt an ordinance that provides for thetesting and monitoring of the land application of sewage sludge within itspolitical boundaries to ensure compliance with applicable laws andregulations.
J. The Department, upon the timely request of any individual to test thesewage sludge at a specific site, shall collect samples of the sewage sludgeat the site prior to the land application and submit such samples to alaboratory. The testing shall include an analysis of the (i) concentration oftrace elements, (ii) coliform count, and (iii) pH level. The results of thelaboratory analysis shall be (a) furnished to the individual requesting thatthe test be conducted and (b) reviewed by the Department. The personrequesting the test and analysis of the sewage sludge shall pay the costs ofsampling, testing, and analysis.
K. At least 100 days prior to commencing land application of sewage sludge ata permitted site, the permit holder shall deliver or cause to be deliveredwritten notification to the chief executive officer or his designee for thelocal government where the site is located. The notice shall identify thelocation of the permitted site and the expected sources of the sewage sludgeto be applied to the site. This requirement may be satisfied by providing alist of all available permitted sites in the locality at least 100 days priorto commencing the application at any site on the list. This requirement shallnot apply to any application commenced prior to October 10, 2005. If the siteis located in more than one county, the notice shall be provided to alljurisdictions where the site is located.
L. The permit holder shall deliver or cause to be delivered writtennotification to the Department at least 14 days prior to commencing landapplication of sewage sludge at a permitted site. The notice shall identifythe location of the permitted site and the expected sources of the sewagesludge to be applied to the site.
M. The Department shall randomly conduct unannounced site inspections whileland application of sewage sludge is in progress at a sufficient frequency todetermine compliance with the requirements of this section, § 62.1-44.19:3.1,or regulations adopted under those sections.
N. Surface incorporation into the soil of sewage sludge applied to croplandmay be required when practicable and compatible with a soil conservation planmeeting the standards and specifications of the U.S. Department ofAgriculture Natural Resources Conservation Service.
O. The Board shall develop regulations specifying and providing for extendedbuffers to be employed for application of sewage sludge (i) to hay, pasture,and forestlands; or (ii) to croplands where surface incorporation is notpracticable or is incompatible with a soil conservation plan meeting thestandards and specifications of the U.S. Department of Agriculture NaturalResources Conservation Service. Such extended buffers may be included by theDepartment as site specific permit conditions pursuant to subsection E, as analternative to surface incorporation when necessary to protect odor sensitivereceptors as determined by the Department or the local monitor.
P. The Board shall adopt regulations requiring the payment of a fee for theland application of sewage sludge, pursuant to permits issued under thissection. The person land applying sewage sludge shall (i) provide advancenotice of the estimated fee to the generator of the sewage sludge unlessnotification is waived, (ii) collect the fee from the generator, and (iii)remit the fee to the Department as provided for by regulation. The fee shallbe imposed on each dry ton of sewage sludge that is land applied in theCommonwealth. The regulations shall include requirements and procedures for:
1. Collection of fees by the Department;
2. Deposit of the fees into the Fund; and
3. Disbursement of proceeds by the Department pursuant to subsection G.
Q. The Department, in consultation with the Department of Health, theDepartment of Conservation and Recreation, the Department of Agriculture andConsumer Services, and the Virginia Cooperative Extension Service, shallestablish and implement a program to train persons employed by those localgovernments that have adopted ordinances, pursuant to this section, to testand monitor the land application of sewage sludge. The program shall include,at a minimum, instruction in: (i) the provisions of the Virginia BiosolidsUse Regulations; (ii) land application methods and equipment, includingmethods and processes for preparation and stabilization of sewage sludge thatis land applied; (iii) sampling and chain of custody control; (iv)preparation and implementation of nutrient management plans for landapplication sites; (v) complaint response and preparation of complaint andinspection reports; (vi) enforcement authority and procedures; (vii)interaction and communication with the public; and (viii) preparation ofapplications for reimbursement of local monitoring costs disbursed pursuantto subsection G. To the extent feasible, the program shall emphasize in-fieldinstruction and practical training. Persons employed by local governmentsshall successfully complete such training before the local government mayrequest reimbursement from the Board for testing and monitoring of landapplication of sewage sludge performed by the person. The completion oftraining shall not be a prerequisite to the exercise of authority granted tolocal governments by any applicable provision of law.
The Department may:
1. Charge attendees a reasonable fee to recover the actual costs of preparingcourse materials and providing facilities and instructors for the program.The fee shall be reimbursable from the Fund established pursuant to thissection; and
2. Request and accept the assistance and participation of other stateagencies and institutions in preparing and presenting the course of trainingestablished by this subsection.
R. Localities, as part of their zoning ordinances, may designate orreasonably restrict the storage of sewage sludge based on criteria directlyrelated to the public health, safety, and welfare of its citizens and theenvironment. Notwithstanding any contrary provision of law, a locality may byordinance require that a special exception or a special use permit beobtained to begin the storage of sewage sludge on any property in itsjurisdiction, including any area that is zoned as an agricultural district orclassification. Such ordinances shall not restrict the storage of sewagesludge on a farm as long as such sludge is being stored (i) solely for landapplication on that farm and (ii) for a period no longer than 45 days. Noperson shall apply to the State Health Commissioner or the Department ofEnvironmental Quality for a permit, a variance, or a permit modificationauthorizing such storage without first complying with all requirementsadopted pursuant to this subsection.
(1994, c. 288; 2001, c. 831; 2005, cc. 197, 396, 459, 593; 2007, cc. 390,881, 927, 929; 2009, c. 42.)
