[Amended 5-25-2005]
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.
[Amended 5-25-2005]
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICATOR
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.
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.
OWNER
A person or entity that holds legal title, equitable title,
a leasehold interest or the right of possession or control over land.
PERMIT
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.
PERMITTEE
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.
[Amended 5-25-2005]
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.
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:
A. The name, address and telephone number of the permit
holder, including the name, address and telephone number of a representative
knowledgeable of the permit.
B. The Tax Map numbers of the parcels where land application
will occur.
C. The names of the owners of the property where land
application will occur.
D. The estimated dates on which land application will
occur and the duration of the planned activity.
E. A copy of the current state permit and other state
and federal permits authorizing the land application of biosolids.
F. A copy of a nutrient management plan as required by
state law and regulations.
G. Information on proposed haul routes and alternative
haul routes delineated on a County map.
H. 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.
I. 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.
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.