[HISTORY: Adopted by the Board of Supervisors
of Shenandoah County as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-28-1998 by Ord. No. 98-2; amended in its entirety 12-8-1998 by Ord. No. 98-10]
The land application of sludge, applied pursuant
to a Department of Environmental Quality Virginia pollution abatement
permit, is prohibited in all zoning districts, effective from the
date of adoption of this article. This prohibited use shall include
both surface and subsurface application.
As used in this article, the following terms
shall have the meanings indicated:
A solid, semisolid or liquid waste generated from a commercial,
private or industrial wastewater treatment plant.
A civil penalty or fine in the amount of up
to $1,000 may be assessed by a General District Court having jurisdiction
in Shenandoah County for any violation of this article. The violation
of this article shall be continuing in nature, and for each day of
violation a separate penalty may be assessed.
The article was passed after notice was published
in compliance with Virginia Code § 15.2-1427 on November
18 and November 25, 1998.
[Adopted 3-24-2009 by Ord. No. 2009-01]
The Board of Supervisors finds that improper
spreading, placement, disposal or management of biosolids without
appropriate regulation, notice and monitoring may result in adverse
effects to the general health safety and welfare of the inhabitants
of the County and to agricultural lands, water supplies, wildlife,
livestock, natural resources and the environment.
This article is intended to ensure laws and
regulations governing the land application of biosolids 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 land application of biosolids. In carrying out this article,
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 article is intended to address the land
application of biosolids in the County and to implement the authority
granted to local governments by Va. Code §§ 62.1-44.19:3
and 32.1-164.5 et seq.,[1] 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 article is not intended to regulate the land application of animal
wastes or manures or exceptional quality biosolids.
[1]
Editor's Note: Sections 32.1-164.2 to 32.1-164.7 were repealed
by Acts 2007, cc. 881 and 929, effective 1-1-2008. See now §
62.1-44.19.3.1 et seq.
This article is adopted pursuant to the authority
granted by the Code of Virginia, including but not limited to §§ 15.2-1200
et seq., 15.2-2200 et seq., 15.2-2283 et seq., 62.1-44.19:3 and 32.1-164.2
et seq.[1] In the event that any portion of this article is declared
void for any reason, such decision shall not affect the remaining
portions of the article, which shall remain in full force and effect,
and for this purpose the provisions of this article are hereby declared
to be severable.
[1]
Editor's Note: Sections 32.1-164.2 to 32.1-164.7 were repealed
by Acts 2007, cc. 881 and 929, effective 1-1-2008. See now §
62.1-44.19.3.1 et seq.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Any person who applies biosolids pursuant to appropriate
permits.
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.
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 article and applicable
laws and 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, equitable title, a leasehold
interest or the right of possession or control over 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, semisolid, or liquid residues, which contain materials,
removed from municipal, domestic, or industrial 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 sludge, including biosolids,
on land located in the County except in accordance with federal and
state law and regulations and this article.
B.
No person shall land-apply biosolids on lands in the
County until all of the procedural requirements set forth in this
article 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 article and those set forth in state
and federal laws and regulations have been satisfied.
C.
No person shall apply and no owner shall permit the
application of sludge other than biosolids that have been approved
by the regulations of the Virginia Department of Health or Department
of Environmental Quality to land in this 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 article.
A.
Land application of biosolids is authorized only in
agricultural zoning districts.
B.
Any person proposing or intending to land-apply biosolids
to lands in this County shall notify the County 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.
C.
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.
D.
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 and amend the
deficiencies unless otherwise permitted by the County in writing.
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 make contact with the property owner prior to entering
the property.
B.
The permittee and 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
qualified to conduct such analysis. 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 are land applied at any site in the County.
A.
The Biosolids Monitor shall notify the Virginia Department
of Environmental Quality, the applicator or permittee and the owner
of all complaints concerning the land application of biosolids.
B.
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.
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.
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.
E.
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 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 unless land application is precluded by unforeseen
weather conditions or other circumstances beyond the control of the
permittee. 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 Environmental Quality.
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.
This article is effective March 24, 2009. Any
land application that has been permitted in accordance with federal
and state law on the date this article is adopted shall be deemed
in compliance with this article. Any application that is in progress
on the date this article is adopted shall be deemed in compliance
with this article, provided that permits have been issued in accordance
with federal and state law within 30 days after the effective date
of this article.
Subject to the dispute resolution process in
the Code of Virginia § 32.1-164.7,[1] 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 article.
[1]
Editor's Note: Sections 32.1-164.2 to 32.1-164.7 were repealed
by Acts 2007, cc. 881 and 929, effective 1-1-2008. See now § 62.1-44.19:3.1
et seq., especially § 62.1-44.19:3.2 for enforcement provisions.
