[HISTORY: Adopted by the Board of Supervisors of Amelia County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-2002;
amended 8-20-2003]
The Board of Supervisors of Amelia 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 the County and to agricultural land, water supplies, wildlife,
livestock, natural resources and the environment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article 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 article the County will test and
monitor the application of biosolids to agricultural land within its
boundaries as authorized by the Code of Virginia 1950, as amended,
and applicable regulations. This article is intended to address the
land application of biosolids in the County and to implement the authority
granted to local governments by the Code of Virginia 1950, as amended,
§ 62.1-44.19:3.1 et seq., 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 article is not intended to regulate the
land application of animal wastes or manures or exceptional quality
biosolids.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article is adopted pursuant to the authority granted by
the Code of Virginia 1950, as amended, including but not limited to
§§ 15.2-1200 et seq., 15.2-2200 et seq., 15.2-2283
et seq., and 62.1-44.19:3.1 et seq. In the event that any portion
of this article is declared void for any reason, such decision shall
not affect the remaining portions of the article, which shall remain
in full force and effect, and for this purpose the provisions of this
article are hereby declared to be severable.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A 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 regulations.
An employee of the County, either full-time or part-time,
charged with the responsibility of ensuring that the land application
of biosolids is conducted in accordance with state regulations and
is conducted in as orderly a fashion as possible.
The distribution of either treated wastewater of acceptable
quality, referred to as effluent, or supernatant from biosolids use
facilities, or stabilized sewage sludge of acceptable quality, referred
to as biosolids, upon, or insertion into, the land with a uniform
application rate for the purpose of utilization, assimilation or pollutant
removal.
Before the land application of biosolids takes place, the applicator
shall deliver to the County Coordinator a nutrient management plan
(NMP) to ensure that the land application is performed in a manner
consistent with state regulations. The County Coordinator may take
samples of the biosolids before application and soil samples after
the land application has been completed to confirm compliance with
the nutrient management plan (NMP).
A.
It shall be unlawful to dispose of biosolids on land located in the
County except in accordance with federal and state law and this article.
B.
No person shall dump, dispose of, spread or place biosolids on land
in the County until all procedural requirements set forth in this
article and those in applicable federal and State law have been satisfied.
No owner of land shall permit such dumping, disposal, spreading or
placement of biosolids on land in the County under such person's ownership,
possession or control until all the procedural requirements set forth
in this article and those set forth in applicable federal and state
law have been satisfied.
C.
Biosolids may be land applied only to those lands of the County which
have the applicable federal and state permits for the land application
of biosolids, including Virginia Department of Health (VDH) permits
required for such land applications.
D.
Biosolids to be land applied to lands which are immediately adjacent
to residential subdivision(s) must be incorporated within 24 hours
of delivery to such lands. Inclement weather is not an extenuating
circumstance relieving any person from his/her obligations under this
section. Hay and pasture land are excluded.
E.
No temporary field storage of biosolids shall be permitted in the
County in excess of 24 hours prior to the time of actual land application
of the biosolids unless otherwise allowed by state and federal regulations.
A.
At least 30 days prior to applying biosolids to any land in the County,
the contractor shall submit an application to the County Coordinator.
The Coordinator shall maintain a database of all active land application
of biosolids applications.
B.
The application shall be on a form provided by the County and be
accompanied by the following:
(1)
A copy of the current applicable state permit (including any amendments
to or reissuance thereof) or other applicable permit(s) from the federal
or state authorizing agencies.
(2)
A proposed operation schedule indicating when land application of
biosolids is planned for land in the County, to what lands such application
is anticipated (listed by County GPIN) and an estimation of the duration
of the planned application(s).
(3)
The name, telephone number and address of the hauler(s) of the biosolids
(if different than that of the applicant).
(4)
The sources of the biosolids, including the name, address, and telephone
number of a contact person of the source. If the applicant has a contract
with such source, the applicant shall also provide the expiration
date thereof.
(5)
Designation on a County map of a primary and alternative hauling
route.
(6)
A written statement signed by the property owner(s) and lessee(s),
if any:
(a)
Authorizing representatives of the County access anywhere on
the land(s) for the purposes of inspecting the land application of
biosolids process; and
(b)
Providing that he/she will make a good faith effort to implement
any nutrient management plan (NMP) applicable to the land upon which
biosolids may be applied.
A.
The County Coordinator shall review the applications for land application
of biosolids and grant written approval within 10 days of the receipt
of the application if the County Coordinator determines that the application
meets the requirements set forth in this article.
B.
When the County Coordinator determines that an applicant does not
meet the requirements set forth in this article, the County Coordinator
shall provide written notice of disapproval stating the specific reasons
for disapproval to the applicant within 10 days of receipt of the
application. The notice shall specify the modifications, terms and
conditions which will permit approval of the application, and shall
provide the applicant with an opportunity to respond and/or correct
the noted deficiencies within 10 days, unless otherwise agreed to
in writing by the County Coordinator.
C.
If the County Coordinator fails to take action on an application
for land application of biosolids within 10 days of receiving it,
the application shall be deemed approved and the contractor may proceed
with the proposed activity.
D.
An approved application will expire one year from the date of approval.
The County Coordinator may inspect any site subject to land application of biosolids. The County Coordinator shall have the authority to establish setback lines and site buffers in accordance with state regulations and Chapter 325, Zoning.
A.
The County Coordinator shall act as a liaison between biosolids'
applicators and the community. Applicators shall give the County Coordinator
advance notice of the areas in the County where they will be applying
biosolids.
B.
At least 15 days prior to the anticipated land application of biosolids
to any site within the County, the applicator shall post a three-foot
by three-foot sign, or as otherwise required by state regulations,
of a type approved by the County Coordinator, which shall state the
approximate date of the proposed application, the name and telephone
number of the County Coordinator, and the name and telephone number
of a contact person for the applicator.
C.
At least 15 days prior to the anticipated land application of biosolids
to any site within the County, the County Coordinator shall notify
all adjacent residents by mail and/or telephone using all reasonable
efforts.
When authorized by state law, the County shall assess fees payable
by the applicator for such expenses and charges for the County Coordinator
as shall be allowable under regulations adopted by the Virginia Department
of Health (VDH).
Any violation of this article shall constitute a Class 1 misdemeanor
and be punishable as such or the maximum allowed by state and federal
regulations.
This article was duly considered, following a required public
hearing held on October 16, 2002, and adopted by the County of Amelia
Board of Supervisors at its regular meeting held on December 18, 2002.
This article shall be effective upon adoption and subsequent amendments
thereto, as follows: August 20, 2003.
