Article IV – Land Application of Biosolids

[HISTORY: Adopted by the Board of Supervisors of Appomattox County 7-5-2006 (Ch. 140 of the 1993 Code). Amendments noted where applicable.]

§ 19.4-1 Findings.

The Appomattox County Board of Supervisors, hereinafter referred to as the “County,” finds that improper spreading, placement, disposal or management of biosolids without appropriate regulation, notice and monitoring may result in adverse effects to the general health, safety, and welfare of the inhabitants of Appomattox County and to agricultural lands, water supplies, wildlife, livestock, natural resources, and the environment.

§ 19.4-2 Purpose and intent.

This chapter is intended to ensure laws and regulations governing the land application of biosolids are properly implemented and enforced and to secure and promote the health, safety, and welfare of the County’s citizens, to deter the creation of a public nuisance and to prevent pollution of the waters and soils of the County related to land application of biosolids. In carrying out this chapter the County will test and monitor the application of biosolids to agricultural land within its boundaries as authorized by the Code of Virginia and applicable regulations. This chapter is intended to address the land application of biosolids in the County and to implement the authority granted to local governments by § 62.1-44.19:3, Code of Virginia, to provide for the testing, monitoring and enforcement of land application of biosolids within the political boundaries of the County and to ensure compliance with applicable laws and regulations. This chapter is not intended to regulate the land application of animal wastes or manures.

§ 19.4-3 Statutory authority.

This chapter is adopted pursuant to the authority granted by the Code of Virginia, as amended, including but not limited to § 15.2-1200 et seq., § 15.2-2200 et seq., § 15.2-2283 et seq., and § 62.1-44.19:3.

§ 19.4-4 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

APPLICATOR

Any person who applies biosolids pursuant to appropriate permits.

BIOSOLIDS

Sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing or distribution in accordance with state law and regulations.

BIOSOLIDS MONITOR

An employee or agent of the County, full-time or part-time, charged with the responsibility of ensuring that the land application of biosolids is conducted in accordance with this chapter and applicable laws and regulations.

LAND APPLICATION OF BIOSOLIDS

The spreading, placement or distribution of biosolids upon, or insertion into, the land.

NUTRIENT MANAGEMENT PLAN

A plan prepared by a person certified by the commonwealth as a nutrient management planner and otherwise meeting the requirements set forth by state law and regulation.

OWNER

A person who holds legal title, equitable title, a leasehold interest or the right of possession or control over land.

PERMIT

An authorization granted by the authority of the Commonwealth of Virginia to land apply biosolids.

PERMITTEE

Any person who holds a permit authorizing the land application of biosolids.

SEWAGE SLUDGE

Any solid, semisolid, or liquid residues which contain materials removed from municipal or domestic wastewater during treatment, including primary and secondary residues.

STORAGE FACILITY

Any facility designed to store biosolids for a period of time. Such facilities include, but are not limited to, aboveground or underground storage tanks, silos, ponds, lagoons and other holding devices.

§ 19.4-5 Prohibited practices.

A. No person shall dispose of sewage sludge, including biosolids, on land located in the County except in accordance with federal and state law and regulations and this chapter.

B. No person shall land apply biosolids on lands in the County until all of the procedural requirements set forth in this chapter as well as those set forth in applicable federal and state laws and regulations have been satisfied. No owner shall permit land application of biosolids on land in the County until all of the procedural requirements set forth in this chapter and those set forth in state and federal law and regulation have been satisfied.

C. No person shall apply and no owner shall permit the application of sewage sludge other than biosolids that have been approved pursuant to the regulations of the Virginia Department of Health or Virginia Department of Environmental Quality to land in this County.

D. No person shall apply biosolids to land in the County except pursuant to a valid permit issued by the Virginia Department of Health or the Virginia Department of Environmental Quality, in compliance with all applicable federal and state statutes and regulations, and in accordance with the provisions of this chapter.

§ 19.4-6 Notice and requirements for land application of biosolids.

A. Land application of biosolids is authorized only in the A-1 Agricultural Zoning District within the County.

B. Any person proposing or intending to land apply biosolids to lands in this County shall notify the County Biosolids Monitor in writing at least 14 days prior to any intended land application of biosolids, or as otherwise required by state law or regulation. This notice shall be in addition to any notices required by the Virginia Department of Health regulations.

C. The notice provided to the Biosolids Monitor shall include the following information (if not already submitted to the locality):

(1) The name, address and telephone number of the permittee or applicator.

(2) The Tax Map numbers of the parcels where land application will occur.

(3) The name, address and telephone number of the owner of the property where the land application will occur.

(4) The name, telephone number and address of the hauler of the biosolids.

(5) The estimated date range on which land application will occur and the duration of the planned application.

(6) A copy of the current state permit and any other state or federal permits authorizing the land application.

(7) A copy of a nutrient management plan (NMP) as required by state law and regulation.

(8) Information on proposed haul routes and alternative haul routes on a County map.

(9) Where applicable, a signed copy of a letter from the adjoining landowner giving permission to the permittee to spread biosolids adjacent to the property line.

D. The County shall review the documentation provided with the notice and shall notify the permittee in writing of any deficiencies in the notice within 10 business days of receipt. The permittee will have 10 business days to correct and amend the deficiencies unless otherwise permitted by the County in writing.

E. The applicant shall erect a sign, at his expense, stating that the property is planned for application of biosolids within the next 14 days. The sign shall detail the property owner, the hauler, the acreage, the planned date of application, and the name and number of a contact person. A separate sign shall be placed along each public right-of-way that abuts the property. The sign shall be visible and legible from the public right-of-way. Sign material, size, and shape should be in compliance with Virginia Department of Health regulations; however, the Biosolids Monitor shall have final authority as to the acceptability of each sign.

§ 19.4-7 Monitoring and sampling.

A. By agreeing to accept biosolids for land application, the owner of the property on which land application takes place agrees to allow the Biosolids Monitor access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the permittee to ensure that the property owner is advised of this requirement. The Biosolids Monitor shall make diligent efforts to make contact with the property owner prior to entering the property.

B. The permittee and owner shall allow the County to take samples at the application site before, during and after the application. Any test samples shall be analyzed at a lab qualified to conduct such analysis, and the Virginia Department of Health may review these test results to determine compliance with applicable laws and regulations. At the request of the applicator the Biosolids Monitor will provide the applicator with a split sample.

C. At the request of the Biosolids Monitor, the applicator or permittee shall provide the most recent analysis results for biosolids that are land applied at any site in the County.

§ 19.4-8 Complaint response.

A. The Biosolids Monitor shall notify the Virginia Department of Health, the applicator or permittee and the owner of all complaints concerning the land application of biosolids.

B. The Biosolids Monitor shall notify the permittee of any failure to follow the requirements of the permit resulting in the improper application of biosolids or in the spillage of biosolids onto public streets or rights-of-way or on property outside the area authorized by the permit.

C. The permittee shall respond to undertake appropriate corrective action for improperly applied biosolids, or to clean up biosolids spilled onto public streets, roadways or other unpermitted areas, immediately upon receiving such notification.

D. In the event that the permittee does not respond to notification of spillage or improper application and the County conducts the cleanup of spilled biosolids, the permittee shall compensate the County for the actual costs of such cleanup.

E. The permittee is responsible for ensuring that the tracking of biosolids from land application sites onto public roads is minimized and that biosolids that are dragged or tracked out from land application sites are promptly removed from public roads and highways.

§ 19.4-9 Scheduling of activities.

The permittee will, at the request of the Biosolids Monitor, make all reasonable efforts to schedule land application activities so as to avoid conflicts with community or social events in the vicinity of the land application site.

§ 19.4-10 Storage of biosolids.

Biosolids shall be land applied as they are received at the site unless land application is precluded by unforeseen weather conditions or other circumstances beyond the control of the permittee. Biosolids shall not be stored at any site in the County other than storage that is approved in accordance with the law and regulations of the Virginia Department of Health.

§ 19.4-11 Financial responsibility.

Land application of biosolids is not allowed unless the permittee has in effect liability insurance or other evidence of financial responsibility in the amount that is required by state law or regulation, covering losses and claims arising from the land application or transportation of biosolids and related activities in the County. Such insurance or other form of financial responsibility shall be maintained in full force and effect throughout the time that the applicator is engaged in land application of biosolids in the County. The permittee shall provide the Biosolids Monitor with certificates of insurance or other evidence of financial responsibility and shall promptly notify the Biosolids Monitor of any proposed cancellation or modification of insurance coverage.

§ 19.4-12 Reimbursement of County expenses.

The County shall submit requests for reimbursement for the costs and expenses of testing and monitoring of land application and related activities as are allowed by applicable state law, regulations, manuals, guides and procedures. The request for reimbursement shall be made to the Virginia Department of Health and shall be submitted within 30 days of the last day of the month in which the reimbursable activity occurred. All items submitted after this time period will be deemed nonreimbursable.

§ 19.4-13 When effective; existing and scheduled land applications.

This chapter is effective immediately. Any land application that is in progress on the date this chapter is adopted, and any land application that was scheduled before the effective date of this chapter, shall be deemed in compliance with this chapter, provided that application is completed within 30 days after the effective date of this chapter.

§ 19.4-14 Violations and penalties.

A. Any person who violates any of the provisions of this chapter may be charged with a Class 1 misdemeanor as defined by the Code of Virginia, as amended. Each day during which any violation is committed or exists shall constitute a separate offense.

B. The Biosolids Monitor shall have the authority to order the abatement of any violation of state law or regulation. The abatement order shall identify the activity constituting the violation, specify the code provision or regulation violated by the activity and order cessation and correction of the violation.

C. The County may bring suit to enjoin, restrain, correct or prevent any violation of this chapter.