[HISTORY: Adopted by the Board of Supervisors of the County of Frederick 11-10-2004. Amendments noted where applicable.]
This chapter is intended to ensure laws and regulations governing the land application of biosolids (Class B) 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 the land application of biosolids. In carrying out this chapter, the County will test and monitor the land application of biosolids to agricultural land within the boundaries as authorized by the Virginia Administrative Code §§ 12 VAC 5-585-660 through VAC 5-585-750, and in accordance with the Biosolids Fee Guidance Manual. This chapter is intended to address the land application of biosolids in the County and to implement the authority granted to local governments by Virginia Code §§ 62.1-44.19:3 and 32.1-164.5 et seq. (to provide for the testing, monitoring and enforcement of land applications 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 waste, water treatment plant sludge, the disposal of sludge at the sanitary landfill, or exceptional quality biosolids (Class A) marketed or distributed for use according to Virginia Administrative Code, 12 VAC 5-585-520.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who applies biosolids pursuant to appropriate Virginia Department of Health permits.
- BIOSOLIDS (CLASS B)
- 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 the Virginia Biosolids Use Regulations, 12 VAC 5-585-560, Table 8-A.
- EXCEPTIONAL QUALITY BIOSOLIDS (CLASS A)
- 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 accordance with the Biosolids Use Regulations § 12.5-585-520.
- The disking or tilling of biosolids into the soil.
- LAND APPLICATION
- The distribution of either treated wastewater of acceptable quality, referred to as "effluent," or supernatant from biosolids 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. Bulk disposal of stabilized sludge in a confined area, such as in landfills, is not land application. Sites approved for land application of biosolids or supernatant in accordance with this chapter are not to be considered to be treatment works.
- A person or entity that holds legal title, equitable title, a leasehold interest or the right of possession or control over land.
- Either an authorization granted by the Commissioner to construct or operate facilities and specific sites utilized for biosolids management, including land application, marketing and distribution of biosolids. A Virginia pollution abatement permit issued by the Department of Environmental Quality to a land applier is an optional permit for these activities.
- A person, firm, corporation, political subdivision or other entity holding a permit for the land application or distribution of biosolids, issued by the Virginia Department of Health.
- SEWAGE SLUDGE
- Any solid, semisolid, or liquid residues which contain materials removed from municipal or domestic wastewater during treatment, including primary and secondary residues.
- TEMPORARY STORAGE FACILITY
- Any facility designed to store biosolids for a short period of time and shall include, but not be limited to, aboveground and underground storage.
- VIRGINIA NUTRIENT MANAGEMENT PLAN
- A plan prepared by a person who is certified by the Department of Conservation and Recreation as a nutrient planner and otherwise meeting the requirements set forth by the state law and regulation.
There is hereby established the position of a Biosolids Monitor, who shall be an employee or agent 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 this chapter and applicable federal and state laws and regulations. The Biosolids Monitor shall review permit modifications related to the application of biosolids; maintain an accurate filing system depicting the location of all permitted biosolids application sites in the County; perform field inspections during the application of biosolids and initiate field and laboratory testing of sites.
The Biosolids Monitor shall have the authority to order the abatement of any violation under Virginia Administrative Code § 32.1-164.5, 32.1-164.6 or 62.1-44.19:3 or any regulation promulgated under those sections.
The Biosolids Monitor may request that the Virginia Department of Health (VDH) suspend or revoke the permit holder's application to apply biosolids on a specific site in the County or in the entire 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 biosolids, the permittee shall compensate the County for the actual costs of such cleanup.
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.
The Biosolids Monitor shall submit requests for reimbursement on behalf of the County for costs and expenses of testing and monitoring land applications and related expenses as are allowable by applicable state law, regulations, manuals, guide and procedures, under Virginia Administrative Code 12 VAC 5-585-50 and 12 VAC 5-585-690.
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 permit holder to ensure that property owners are advised of this requirement. The Biosolids Monitor shall make diligent efforts to make contact with the property owner prior to entering the property.
The permit holder and the owner shall allow the Biosolids Monitor to take samples at the application site before, during and after the application. Any test samples shall be analyzed at a lab authorized to conduct such analysis, and the County 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 are land applied at any site in the County.
The permit applicant for the land application of biosolids in Frederick County's Rural Agricultural Districts shall notify in writing the Biosolids Monitor of such application; said notice shall include:
The name, address and telephone number of the permit holder, including the name, address and telephone number of a representative knowledgeable of the permit.
The Tax Map numbers of the parcels where land application will occur.
The names of the owners of the property where land application will occur.
The estimated dates on which land application will occur and the duration of the planned activity.
A copy of the current state permit and other state and federal permits authorizing the land application of biosolids.
A copy of a nutrient management plan as required by state law and regulations.
Information on proposed haul routes and alternative haul routes delineated on a County map.
The Biosolids Monitor 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 the deficiencies and resubmit the correction to the County unless otherwise permitted by the County in writing.
The Biosolids Monitor, with the aid of the applicator, will notify adjacent property owners of application at the time a modification is issued. Signs will be posted in the area at least 48 hours before biosolids applications occur. A biosolids phone line, listing areas expecting application will be available to citizens.
It shall be unlawful to dispose, dump, spread, place or permit the disposal, dumping, spreading or placement of biosolids on land in the County without a permit from the Virginia Health Department and in accordance with all applicable state, local and federal laws and regulations.
No owner of land shall permit such dumping, disposal, spreading or placement of biosolids on any land in the County under such person's ownership, possession or control, without such permit.
Biosolids otherwise permitted for land application under this article may only be applied to agricultural, forestry, silviculture and land reclamation areas.
This section shall not apply to the placement of biosolids in a sanitary landfill permitted by the Commonwealth of Virginia for such purposes and constructed and operated in accordance with all applicable federal, state and local requirements.
Whoever violates any provisions of this chapter shall be guilty of a Class I 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.
This chapter shall be 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.