[HISTORY: Adopted by the Board of Supervisors of Northumberland County 2-19-2004. Amendments noted where applicable.]
GENERAL REFERENCES
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:
A.
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;
B.
The word "shall" is mandatory and not discretionary;
C.
The word "may" is permissive and not mandatory;
D.
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.
The Zoning Administrator appointed for Northumberland County.
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.
The spreading, placement or distribution of biosolids upon, or insertion
into, the land.
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.
Any solid, semi-solid, or liquid residues, which contain materials,
removed from municipal or domestic wastewater during treatment, including
primary and secondary residues.
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.
A.
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.
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 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.
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 Department of Environmental Quality, in compliance with all applicable
federal and state statutes and regulations, and in accordance with the provisions
of this chapter.
E.
No land application of biosolids shall be permitted on
any land within the County with a slope of 15% or greater.
F.
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.
A.
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):
(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)
The name(s) of the wastewater treatment plant(s) from
which the biosolids will originate.
B.
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.
C.
Requirements for the land application of biosolids are
as follows:
(1)
Only biosolids from approved sources as listed in the
applicable state permit shall be applied to land within the County;
(2)
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;
(3)
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;
(4)
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;
(5)
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.
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 contact 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 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.
C.
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.
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. 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.
B.
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.
A.
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.
B.
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.
A.
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.
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.
A.
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.
B.
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.
