[HISTORY: Adopted by the Board of Supervisors of Northumberland County 2-19-2004. Amendments noted where applicable.]
Solid waste — See Ch. 124.
This chapter shall hereinafter be known as and may be cited as the "Biosotids Ordinance of Northumberland County, Virginia, (hereinafter referred to as `County').”
This chapter is enacted under the authority granted by the Code of Virginia, 1950, as amended, as provided in §§ 15.2-1200 et seq., 15.2-2200 et seq., 15.2-2283 et seq., 62.1-44.19:3, and 32.1-164, et seq.
The provisions of this chapter shall apply to all unincorporated land within Northumberland County.
This chapter is intended to ensure laws and regulations governing the land application of biosolids are properly implemented and enforced, 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 tributary waters of Chesapeake Bay, ponds 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, 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 or exceptional-quality biosolids.
In the construction of this chapter, the rules contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
Words used in the present tense shall include the future, and words used in a singular number shall include the plural number and the plural the singular;
The word "shall" is mandatory and not discretionary;
The word "may" is permissive and not mandatory;
Any reference to this chapter includes all ordinances amending or supplementing the same.
For the purpose of this chapter, certain words or terms used herein shall be defined as follows:
- Any person who applies biosolids pursuant to appropriate permits.
- 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
- The Zoning Administrator appointed for Northumberland County.
- EXCEPTIONAL-QUALITY BIOSOLIDS
- Biosolids that have received an established level of treatment for pathogen control and vector attraction reduction and contain known levels of pollutants, such that they may be marketed or distributed for public use in accordance with state 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.
- A person who holds legal title or equitable title of the land.
- An authorization granted by the authority of the Commonwealth of Virginia to land apply biosolids.
- Any person who holds a permit authorizing the land application of biosolids.
- SEWAGE SLUDGE
- Any solid, semi-solid, 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.
No person shall dispose of sewage sludge, including biosolids, on land located within the County except in accordance with federal and state law and regulations and this chapter.
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.
No person shall apply, and no owner shall permit the application of, sewage sludge other than biosolids approved by the regulations of the Virginia Department of Health or Department of Environmental Quality to land in this County. No owner shall permit the application of sewage sludge other than biosolids that have been approved by regulations of the Virginia Department of Health to land in the County.
No person shall apply biosolids to land in the County except pursuant to a valid permit issued by the Virginia Department of Health or Department of Environmental Quality, in compliance with all applicable federal and state statutes and regulations, and in accordance with the provisions of this chapter.
No land application of biosolids shall be permitted on any land within the County with a slope of 15% or greater.
Land application of biosolids shall not encroach into the one-hundred-year floodplain of a tidal area, stream tributary area, creek, river, or other natural watercourse.
Land application of biosolids is authorized only in the A-1 Agricultural Zoning District. Any person proposing or intending to land apply biosolids to lands so zoned in this County shall notify the County biosolids monitor (or the Director of Planning and Land Use if there is no designated 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. The notice provided to the biosolids monitor shall include the following information (if not already submitted to the locality):
The name, address and telephone number of the permittee or applicator;
The Tax Map numbers of the parcels where land application will occur;
The name, address and telephone number of the owner of the property where the land application will occur;
The name, telephone number and address of the hauler of the biosolids;
The estimated date range on which land application will occur and the duration of the planned application;
A copy of the current state permit and any other state or federal permits authorizing the land application;
A copy of a nutrient management plan (NMP) as required by state law and regulation;
Information on proposed haul routes and alternative haul routes on a County Map;
The name(s) of the wastewater treatment plant(s) from which the biosolids will originate.
The County shall review the documentation provided with the notice and shall notify the applicant in writing of any deficiencies in the submittal within 10 business days of receipt. The applicant will have 10 business days to correct and amend the deficiencies unless otherwise permitted by the County in writing.
Requirements for the land application of biosolids are as follows:
Only biosolids from approved sources as listed in the applicable state permit shall be applied to land within the County;
If biosolids are applied to slopes greater than 5% during the period of November 16 of one year to March 15 of the following year, best management practices prescribed by 12VAC5-585-510 shall be utilized;
Buffer zone requirements of state or local regulations, applicable nutrient management plans as per 12VAC5-585-550 and 4VAC5-15-140, or the Chesapeake Bay Protection Act, whichever are more stringent, shall be met;
No person shall apply or store biosolids generating odors offensive to persons of ordinary sensibility across property lines 24 hours or more after completed land application. "Completed land application of biosolids" means full incorporation if necessary;
If biosolids are applied between October 16 of one year and March 14 of the next year, then a crop must be planted no later than the spring planting season, or within six months of the application, whichever is less.
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 contact the property owner prior to entering the property.
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 Health Department 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.
At the request of the biosolids monitor, the applicator or permittee shall provide the most recent analysis results for biosolids that arc land applied at any site in the County.
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. 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. 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. 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.
The permittee is responsible for ensuring that there is no tracking of biosolids from land application sites onto public roads and that biosolids that are dragged or tracked out from land application sites are promptly removed from public roads and highways.
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.
Biosolids shall be land applied as they are received at the site. If land application is precluded by unforeseen weather conditions or other circumstances beyond the control of the permittee, land application shall cease until conditions or circumstances improve. 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, and at a minimum the storage shall be covered with a minimum of a five-mil plastic cover.
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 and shall promptly notify the biosolids monitor of any proposed cancellation or modification of insurance coverage.
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.
Any person who violates any of the provisions of this chapter shall 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.
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.
The County may bring suit to enjoin, restrain, correct or prevent any violation of this chapter.
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.
In the event that any portion of this chapter is declared void for any reason, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect. For this purpose, the provisions of this chapter are hereby declared to be severable.