[HISTORY: Adopted by the Board of Supervisors
of the County of Frederick 11-10-2004. Amendments noted where applicable.]
[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:
Any person who applies biosolids pursuant to appropriate
Virginia Department of Health permits.
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.
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.
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.
Any solid, semisolid, 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 short period
of time and shall include, but not be limited to, aboveground and
underground storage.
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.
A.Â
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.
B.Â
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.
[Amended 5-25-2005]
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
[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.
[Added 5-25-2005]
A.Â
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.
B.Â
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.
C.Â
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:
A.Â
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.Â
The Tax Map numbers of the parcels where land application
will occur.
C.Â
The names of the owners of the property where land
application will occur.
D.Â
The estimated dates on which land application will
occur and the duration of the planned activity.
E.Â
A copy of the current state permit and other state
and federal permits authorizing the land application of biosolids.
F.Â
A copy of a nutrient management plan as required by
state law and regulations.
G.Â
Information on proposed haul routes and alternative
haul routes delineated on a County map.
H.Â
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.Â
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.
A.Â
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.
B.Â
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.
C.Â
Biosolids otherwise permitted for land application
under this article may only be applied to agricultural, forestry,
silviculture and land reclamation areas.
D.Â
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.
