2006 Code of Virginia § 62.1-44.19:3 - Prohibition on land application, marketing and distribution of sewage sludge without permit; ordina...

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 issued by theBoard.

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 Chapter 3.1 of Title 62.1.The addition of lime or deodorants to sewage sludge that has been treated tomeet land application standards shall not constitute alteration of thecomposition of sewage sludge. The Board may authorize public institutions ofhigher education to conduct scientific research on the composition of sewagesludge that may be applied to land.

B. 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 from the Board or a current permit from the State HealthCommissioner 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.

C. 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.

D. 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 acertified laboratory. The testing shall include an analysis of the (i)concentration of trace elements, (ii) coliform count, and (iii) pH level. Theresults of the laboratory analysis shall be (a) furnished to the individualrequesting that the test be conducted and (b) reviewed by the Department. Theperson requesting the test and analysis of the sewage sludge shall pay thecosts of sampling, testing, and analysis.

E. 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.

F. 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.

G. 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 D of 32.1-164.5, as an alternative to surface incorporation when necessary toprotect odor sensitive receptors as determined by the Department or the localmonitor.

H. Not later than January 1, 2003, the Board of Health shall adoptregulations requiring the payment of a fee for the land application of sewagesludge, pursuant to permits issued under subsection B, in counties, cities ortowns that have adopted ordinances in accordance with subsection C. Theperson land applying sewage sludge shall (i) provide advance notice of theestimated fee to the generator of the sewage sludge unless notification iswaived, (ii) collect the fee from the generator, and (iii) remit the fee tothe Department of Health as provided for by regulation. The fee shall notexceed the amount necessary to reimburse the direct costs for a reasonableamount of testing and for the monitoring of the land application of sewagesludge by counties, cities and towns that have adopted such ordinances. Thefee shall be imposed on each dry ton of sewage sludge that is land applied insuch counties, cities and towns in accordance with the regulations adopted bythe Board of Health. The regulations shall include requirements andprocedures for:

1. Collection of fees by the Department of Health;

2. Retention of proceeds in a special nonreverting fund to be administered bythe Department of Health; and

3. Disbursement of proceeds by the Department of Health to reimbursecounties, cities and towns with duly adopted ordinances providing for thetesting and monitoring of the land application of sewage sludge, as providedfor in this subsection.

(1994, c. 288; 2001, c. 831; 2005, cc. 197, 396, 459, 593.)