{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.19_3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.19_3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.19_3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.19_3.html"}],"law_id":58577,"edition_id":1,"section_id":58577,"structure_id":14634,"section_number":"62.1-44.19:3","catch_line":"Prohibition on land application, marketing, and distribution of sewage sludge without permit; ordinances; notice requirement; fees","history":"1994, c. 288; 2001, c. 831; 2005, cc. 197, 396, 459, 593; 2007, cc. 390, 881, 927, 929; 2009, c. 42; 2015, cc. 104, 677; 2024, c. 209; 2025, c. 280.","full_text":"A\n\n1. No owner of a sewage treatment works shall land apply, market, or distribute sewage sludge from such treatment works except in compliance with a valid Virginia Pollutant Discharge Elimination System Permit or valid Virginia Pollution Abatement Permit.2\n\nSewage sludge shall be treated to meet standards for land application as required by Board regulation prior to delivery at the land application site. No person shall alter the composition of sewage sludge at a site approved for land application of sewage sludge under a Virginia Pollution Abatement Permit or a Virginia Pollutant Discharge Elimination System. Any person who engages in the alteration of such sewage sludge shall be subject to the penalties provided in Article 6 (§ 62.1-44.31 et seq.). The addition of lime or deodorants to sewage sludge that has been treated to meet land application standards shall not constitute alteration of the composition of sewage sludge. The Department may authorize public institutions of higher education to conduct scientific research on the composition of sewage sludge that may be applied to land.3\n\nNo person shall contract or propose to contract, with the owner of a sewage treatment works, to land apply, market, or distribute sewage sludge in the Commonwealth, nor shall any person land apply, market, or distribute sewage sludge in the Commonwealth without a current Virginia Pollution Abatement Permit authorizing land application, marketing, or distribution of sewage sludge and specifying the location or locations, and the terms and conditions of such land application, marketing, or distribution. The permit application shall not be complete unless it includes the landowner’s written consent to apply sewage sludge on his property.4\n\nThe land disposal of lime-stabilized septage and unstabilized septage is prohibited.5\n\nBeginning July 1, 2007, no application for a permit or variance to authorize the storage of sewage sludge shall be complete unless it contains certification from the governing body of the locality in which the sewage sludge is to be stored that the storage site is consistent with all applicable ordinances. The governing body shall confirm or deny consistency within 30 days of receiving a request for certification. If the governing body does not so respond, the site shall be deemed consistent.B\n\nThe Board, with the assistance of the Department of Conservation and Recreation and the Department of Health, shall adopt regulations to ensure that (i) sewage sludge permitted for land application, marketing, or distribution is properly treated or stabilized; (ii) land application, marketing, and distribution of sewage sludge is performed in a manner that will protect public health and the environment; and (iii) the escape, flow, or discharge of sewage sludge into state waters in a manner that would cause pollution of state waters, as those terms are defined in § 62.1-44.3, shall be prevented.C\n\nRegulations adopted by the Board, with the assistance of the Department of Conservation and Recreation and the Department of Health pursuant to subsection B, shall include:1\n\nRequirements and procedures for the issuance and amendment of permits, including general permits, authorizing the land application, marketing, or distribution of sewage sludge;2\n\nProcedures for amending land application permits to include additional application sites and sewage sludge types;3\n\nStandards for treatment or stabilization of sewage sludge prior to land application, marketing, or distribution;4\n\nRequirements for determining the suitability of land application sites and facilities used in land application, marketing, or distribution of sewage sludge;5\n\nRequired procedures for land application, marketing, and distribution of sewage sludge;6\n\nRequirements for sampling, analysis, recordkeeping, and reporting in connection with land application, marketing, and distribution of sewage sludge;7\n\nProvisions for notification of local governing bodies to ensure compliance with §§ 62.1-44.15:3 and 62.1-44.19:3.4;8\n\nRequirements for site-specific nutrient management plans, which shall be developed by persons certified in accordance with § 10.1-104.2 prior to land application for all sites where sewage sludge is land applied, and approved by the Department of Conservation and Recreation prior to permit issuance under specific conditions, including but not limited to sites operated by an owner or lessee of a Confined Animal Feeding Operation, as defined in subsection A of § 62.1-44.17:1, or Confined Poultry Feeding Operation, as defined in § 62.1-44.17:1.1, sites where the permit authorizes land application more frequently than once every three years at greater than 50 percent of the annual agronomic rate, and other sites based on site-specific conditions that increase the risk that land application may adversely impact state waters;9\n\nProcedures for the prompt investigation and disposition of complaints concerning land application of sewage sludge, including the requirements that (i) holders of permits issued under this section shall report all complaints received by them to the Department and to the local governing body of the jurisdiction in which the complaint originates and (ii) localities receiving complaints concerning land application of sewage sludge shall notify the Department and the permit holder. The Department shall maintain a searchable electronic database of complaints received during the current and preceding calendar year, which shall include information detailing each complaint and how it was resolved;10\n\nProcedures for receiving and responding to public comments on applications for permits and for permit amendments authorizing land application at additional sites. Such procedures shall provide that an application for any permit amendments to increase the acreage authorized by the initial permit by 50 percent or more shall be treated as a new application for purposes of public notice and public hearings; and11\n\nProcedures for addressing administrative, staging, signage, and additional on-site and alternative storage site requirements when routine and on-site storage facility capacity and holding times are anticipated to be exceeded for the purpose of protecting against the release of sewage sludge into state waters, and to account for increased intensity, frequency, and duration of storm events.D\n\nPrior to issuance of a permit authorizing the land application, marketing, or distribution of sewage sludge, the Department shall consult with and give full consideration to the written recommendations of the Department of Health and the Department of Conservation and Recreation. Such consultation shall include any public health risks or water quality impacts associated with the permitted activity. The Department of Health and the Department of Conservation and Recreation may submit written comments on proposed permits within 30 days after notification by the Department.E\n\nWhere, because of site-specific conditions, including soil type, identified during the permit application review process, the Department determines that special requirements are necessary to protect the environment or the health, safety, or welfare of persons residing in the vicinity of a proposed land application site, the Department may incorporate in the permit at the time it is issued reasonable special conditions regarding buffering, transportation routes, slope, material source, methods of handling and application, and time of day restrictions exceeding those required by the regulations adopted under this section. Before incorporating any such conditions into the permit, the Department shall provide written notice to the permit applicant, specifying the reasons therefor and identifying the site-specific conditions justifying the additional requirements. The Department shall incorporate into the notice any written requests or recommendations concerning such site-specific conditions submitted by the local governing body where the land application is to take place. The permit applicant shall have at least 14 days in which to review and respond to the proposed conditions.F\n\nThe Board shall adopt regulations prescribing a fee to be charged to all permit holders and persons applying for permits and permit modifications pursuant to this section. All fees collected pursuant to this subsection shall be deposited into the Sludge Management Fund. The fee for the initial issuance of a permit shall be $5,000. The fee for the reissuance, amendment, or modification of a permit for an existing site shall not exceed $1,000 and shall be charged only for permit actions initiated by the permit holder. Fees collected under this section shall be exempt from statewide indirect costs charged and collected by the Department of Accounts and shall not supplant or reduce the general fund appropriation to the Department.G\n\nThere is hereby established in the treasury a special fund to be known as the Sludge Management Fund, hereinafter referred to as the Fund. The fees required by this section and by subsection E of § 62.1-44.16 shall be transmitted to the Comptroller to be deposited into the Fund. The income and principal of the Fund shall be used only and exclusively (i) for the Department’s direct and indirect costs associated with the processing of an application to issue, reissue, amend, or modify any permit to land apply, distribute, or market sewage sludge or industrial wastes, the administration and management of the Department’s sewage sludge and industrial wastes land application programs, including monitoring and inspecting, and the Department of Conservation and Recreation’s costs for implementation of the sewage sludge application program and (ii) to reimburse localities with duly adopted ordinances providing for the testing and monitoring of the land application of sewage sludge or solid or semisolid industrial wastes. The State Treasurer shall be the custodian of the moneys deposited in the Fund. No part of the Fund, either principal or interest earned thereon, shall revert to the general fund of the state treasury.H\n\nAll persons holding or applying for a permit authorizing the land application of sewage sludge shall provide to the Board written evidence of financial responsibility, which shall be available to pay claims for cleanup costs, personal injury, and property damages resulting from the transportation, storage, or land application of sewage sludge. The Board shall, by regulation, establish and prescribe mechanisms for meeting the financial responsibility requirements of this section.I\n\nAny county, city, or town may adopt an ordinance that provides for the testing and monitoring of the land application of sewage sludge within its political boundaries to ensure compliance with applicable laws and regulations.J\n\nThe Department, upon the timely request of any individual to test the sewage sludge at a specific site, shall collect samples of the sewage sludge at the site prior to the land application and submit such samples to a laboratory. The testing shall include an analysis of the (i) concentration of trace elements, (ii) coliform count, and (iii) pH level. The results of the laboratory analysis shall be (a) furnished to the individual requesting that the test be conducted and (b) reviewed by the Department. The person requesting the test and analysis of the sewage sludge shall pay the costs of sampling, testing, and analysis.K\n\nAt least 100 days prior to commencing land application of sewage sludge at a permitted site, the permit holder shall deliver or cause to be delivered written notification to the chief executive officer or his designee for the local government where the site is located. The notice shall identify the location of the permitted site and the expected sources of the sewage sludge to be applied to the site. This requirement may be satisfied by providing a list of all available permitted sites in the locality at least 100 days prior to commencing the application at any site on the list. This requirement shall not apply to any application commenced prior to October 10, 2005. If the site is located in more than one county, the notice shall be provided to all jurisdictions where the site is located.L\n\nThe permit holder shall deliver or cause to be delivered written notification to the Department at least 14 days prior to commencing land application of sewage sludge at a permitted site. The notice shall identify the location of the permitted site and the expected sources of the sewage sludge to be applied to the site.M\n\nThe Department shall randomly conduct unannounced site inspections while land application of sewage sludge is in progress at a sufficient frequency to determine compliance with the requirements of this section, § 62.1-44.19:3.1, or regulations adopted under those sections.N\n\nSurface incorporation into the soil of sewage sludge applied to cropland may be required when practicable and compatible with a soil conservation plan meeting the standards and specifications of the U.S. Department of Agriculture Natural Resources Conservation Service.O\n\nThe Board shall develop regulations specifying and providing for extended buffers to be employed for application of sewage sludge (i) to hay, pasture, and forestlands or (ii) to croplands where surface incorporation is not practicable or is incompatible with a soil conservation plan meeting the standards and specifications of the U.S. Department of Agriculture Natural Resources Conservation Service. Such extended buffers may be included by the Department as site specific permit conditions pursuant to subsection E, as an alternative to surface incorporation when necessary to protect odor sensitive receptors as determined by the Department or the local monitor.P\n\nThe Board shall adopt regulations requiring the payment of a fee for the land application of sewage sludge, pursuant to permits issued under this section. The person land applying sewage sludge shall (i) provide advance notice of the estimated fee to the generator of the sewage sludge unless notification is waived, (ii) collect the fee from the generator, and (iii) remit the fee to the Department as provided for by regulation. The fee shall be imposed on each dry ton of sewage sludge that is land applied in the Commonwealth. The regulations shall include requirements and procedures for:1\n\nCollection of fees by the Department;2\n\nDeposit of the fees into the Fund; and3\n\nDisbursement of proceeds by the Department pursuant to subsection G.Q\n\nThe Department, in consultation with the Department of Health, the Department of Conservation and Recreation, the Department of Agriculture and Consumer Services, and the Virginia Cooperative Extension Service, shall establish and implement a program to train persons employed by those local governments that have adopted ordinances, pursuant to this section, to test and monitor the land application of sewage sludge. The program shall include, at a minimum, instruction in: (i) the provisions of the Virginia Biosolids Use Regulations; (ii) land application methods and equipment, including methods and processes for preparation and stabilization of sewage sludge that is land applied; (iii) sampling and chain of custody control; (iv) preparation and implementation of nutrient management plans for land application sites; (v) complaint response and preparation of complaint and inspection reports; (vi) enforcement authority and procedures; (vii) interaction and communication with the public; and (viii) preparation of applications for reimbursement of local monitoring costs disbursed pursuant to subsection G. To the extent feasible, the program shall emphasize in-field instruction and practical training. Persons employed by local governments shall successfully complete such training before the local government may request reimbursement from the Board for testing and monitoring of land application of sewage sludge performed by the person. The completion of training shall not be a prerequisite to the exercise of authority granted to local governments by any applicable provision of law.\n\t\t\tThe Department may:1\n\nCharge attendees a reasonable fee to recover the actual costs of preparing course materials and providing facilities and instructors for the program. The fee shall be reimbursable from the Fund established pursuant to this section; and2\n\nRequest and accept the assistance and participation of other state agencies and institutions in preparing and presenting the course of training established by this subsection.R\n\nLocalities, as part of their zoning ordinances, may designate or reasonably restrict the storage of sewage sludge based on criteria directly related to the public health, safety, and welfare of its citizens and the environment. Notwithstanding any contrary provision of law, a locality may by ordinance require that a special exception or a special use permit be obtained to begin the storage of sewage sludge on any property in its jurisdiction, including any area that is zoned as an agricultural district or classification. Such ordinances shall not restrict the storage of sewage sludge on a farm as long as such sludge is being stored (i) solely for land application on that farm and (ii) for a period no longer than 45 days. No person shall apply to the State Health Commissioner or the Department of Environmental Quality for a permit, a variance, or a permit modification authorizing such storage without first complying with all requirements adopted pursuant to this subsection.S\n\n(Expires July 1, 2030) The permitting requirements of this article shall not apply to any land application of sewage sludge for a research project when such land is owned and operated by an institution of higher education in the Commonwealth. At least 30 days prior to commencing any land application of sewage sludge, the institution of higher education shall notify the Department and the owner of every adjoining property of its intent to land apply such sewage sludge. The institution of higher education shall comply with setback and recordkeeping requirements as outlined in the Virginia Pollution Abatement Permit Regulation (9VAC25-32). As used in this subsection, “institution of higher education” means a public institution of higher education, as that term is defined in § 23.1-100.","order_by":null,"text":{"0":{"id":214671,"text":"1. No owner of a sewage treatment works shall land apply, market, or distribute sewage sludge from such treatment works except in compliance with a valid Virginia Pollutant Discharge Elimination System Permit or valid Virginia Pollution Abatement Permit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":214672,"text":"Sewage sludge shall be treated to meet standards for land application as required by Board regulation prior to delivery at the land application site. No person shall alter the composition of sewage sludge at a site approved for land application of sewage sludge under a Virginia Pollution Abatement Permit or a Virginia Pollutant Discharge Elimination System. Any person who engages in the alteration of such sewage sludge shall be subject to the penalties provided in Article 6 (§ 62.1-44.31 et seq.). The addition of lime or deodorants to sewage sludge that has been treated to meet land application standards shall not constitute alteration of the composition of sewage sludge. The Department may authorize public institutions of higher education to conduct scientific research on the composition of sewage sludge that may be applied to land.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":214673,"text":"No person shall contract or propose to contract, with the owner of a sewage treatment works, to land apply, market, or distribute sewage sludge in the Commonwealth, nor shall any person land apply, market, or distribute sewage sludge in the Commonwealth without a current Virginia Pollution Abatement Permit authorizing land application, marketing, or distribution of sewage sludge and specifying the location or locations, and the terms and conditions of such land application, marketing, or distribution. The permit application shall not be complete unless it includes the landowner’s written consent to apply sewage sludge on his property.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"3":{"id":214674,"text":"The land disposal of lime-stabilized septage and unstabilized septage is prohibited.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"4":{"id":214675,"text":"Beginning July 1, 2007, no application for a permit or variance to authorize the storage of sewage sludge shall be complete unless it contains certification from the governing body of the locality in which the sewage sludge is to be stored that the storage site is consistent with all applicable ordinances. The governing body shall confirm or deny consistency within 30 days of receiving a request for certification. If the governing body does not so respond, the site shall be deemed consistent.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"5":{"id":214676,"text":"The Board, with the assistance of the Department of Conservation and Recreation and the Department of Health, shall adopt regulations to ensure that (i) sewage sludge permitted for land application, marketing, or distribution is properly treated or stabilized; (ii) land application, marketing, and distribution of sewage sludge is performed in a manner that will protect public health and the environment; and (iii) the escape, flow, or discharge of sewage sludge into state waters in a manner that would cause pollution of state waters, as those terms are defined in § 62.1-44.3, shall be prevented.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"6":{"id":214677,"text":"Regulations adopted by the Board, with the assistance of the Department of Conservation and Recreation and the Department of Health pursuant to subsection B, shall include:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"7":{"id":214678,"text":"Requirements and procedures for the issuance and amendment of permits, including general permits, authorizing the land application, marketing, or distribution of sewage sludge;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":214679,"text":"Procedures for amending land application permits to include additional application sites and sewage sludge types;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"9":{"id":214680,"text":"Standards for treatment or stabilization of sewage sludge prior to land application, marketing, or distribution;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"10":{"id":214681,"text":"Requirements for determining the suitability of land application sites and facilities used in land application, marketing, or distribution of sewage sludge;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"11":{"id":214682,"text":"Required procedures for land application, marketing, and distribution of sewage sludge;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"12":{"id":214683,"text":"Requirements for sampling, analysis, recordkeeping, and reporting in connection with land application, marketing, and distribution of sewage sludge;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"13":{"id":214684,"text":"Provisions for notification of local governing bodies to ensure compliance with §§ 62.1-44.15:3 and 62.1-44.19:3.4;","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"14":{"id":214685,"text":"Requirements for site-specific nutrient management plans, which shall be developed by persons certified in accordance with § 10.1-104.2 prior to land application for all sites where sewage sludge is land applied, and approved by the Department of Conservation and Recreation prior to permit issuance under specific conditions, including but not limited to sites operated by an owner or lessee of a Confined Animal Feeding Operation, as defined in subsection A of § 62.1-44.17:1, or Confined Poultry Feeding Operation, as defined in § 62.1-44.17:1.1, sites where the permit authorizes land application more frequently than once every three years at greater than 50 percent of the annual agronomic rate, and other sites based on site-specific conditions that increase the risk that land application may adversely impact state waters;","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"15":{"id":214686,"text":"Procedures for the prompt investigation and disposition of complaints concerning land application of sewage sludge, including the requirements that (i) holders of permits issued under this section shall report all complaints received by them to the Department and to the local governing body of the jurisdiction in which the complaint originates and (ii) localities receiving complaints concerning land application of sewage sludge shall notify the Department and the permit holder. The Department shall maintain a searchable electronic database of complaints received during the current and preceding calendar year, which shall include information detailing each complaint and how it was resolved;","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8","next_prefix":"C10"},"16":{"id":214687,"text":"Procedures for receiving and responding to public comments on applications for permits and for permit amendments authorizing land application at additional sites. Such procedures shall provide that an application for any permit amendments to increase the acreage authorized by the initial permit by 50 percent or more shall be treated as a new application for purposes of public notice and public hearings; and","type":"section","prefixes":["C","10"],"prefix":"10","entire_prefix":"C10","prefix_anchor":"C10","level":2,"prior_prefix":"C9","next_prefix":"C11"},"17":{"id":214688,"text":"Procedures for addressing administrative, staging, signage, and additional on-site and alternative storage site requirements when routine and on-site storage facility capacity and holding times are anticipated to be exceeded for the purpose of protecting against the release of sewage sludge into state waters, and to account for increased intensity, frequency, and duration of storm events.","type":"section","prefixes":["C","11"],"prefix":"11","entire_prefix":"C11","prefix_anchor":"C11","level":2,"prior_prefix":"C10","next_prefix":"D"},"18":{"id":214689,"text":"Prior to issuance of a permit authorizing the land application, marketing, or distribution of sewage sludge, the Department shall consult with and give full consideration to the written recommendations of the Department of Health and the Department of Conservation and Recreation. Such consultation shall include any public health risks or water quality impacts associated with the permitted activity. The Department of Health and the Department of Conservation and Recreation may submit written comments on proposed permits within 30 days after notification by the Department.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C11","next_prefix":"E"},"19":{"id":214690,"text":"Where, because of site-specific conditions, including soil type, identified during the permit application review process, the Department determines that special requirements are necessary to protect the environment or the health, safety, or welfare of persons residing in the vicinity of a proposed land application site, the Department may incorporate in the permit at the time it is issued reasonable special conditions regarding buffering, transportation routes, slope, material source, methods of handling and application, and time of day restrictions exceeding those required by the regulations adopted under this section. Before incorporating any such conditions into the permit, the Department shall provide written notice to the permit applicant, specifying the reasons therefor and identifying the site-specific conditions justifying the additional requirements. The Department shall incorporate into the notice any written requests or recommendations concerning such site-specific conditions submitted by the local governing body where the land application is to take place. The permit applicant shall have at least 14 days in which to review and respond to the proposed conditions.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"20":{"id":214691,"text":"The Board shall adopt regulations prescribing a fee to be charged to all permit holders and persons applying for permits and permit modifications pursuant to this section. All fees collected pursuant to this subsection shall be deposited into the Sludge Management Fund. The fee for the initial issuance of a permit shall be $5,000. The fee for the reissuance, amendment, or modification of a permit for an existing site shall not exceed $1,000 and shall be charged only for permit actions initiated by the permit holder. Fees collected under this section shall be exempt from statewide indirect costs charged and collected by the Department of Accounts and shall not supplant or reduce the general fund appropriation to the Department.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"21":{"id":214692,"text":"There is hereby established in the treasury a special fund to be known as the Sludge Management Fund, hereinafter referred to as the Fund. The fees required by this section and by subsection E of § 62.1-44.16 shall be transmitted to the Comptroller to be deposited into the Fund. The income and principal of the Fund shall be used only and exclusively (i) for the Department’s direct and indirect costs associated with the processing of an application to issue, reissue, amend, or modify any permit to land apply, distribute, or market sewage sludge or industrial wastes, the administration and management of the Department’s sewage sludge and industrial wastes land application programs, including monitoring and inspecting, and the Department of Conservation and Recreation’s costs for implementation of the sewage sludge application program and (ii) to reimburse localities with duly adopted ordinances providing for the testing and monitoring of the land application of sewage sludge or solid or semisolid industrial wastes. The State Treasurer shall be the custodian of the moneys deposited in the Fund. No part of the Fund, either principal or interest earned thereon, shall revert to the general fund of the state treasury.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"22":{"id":214693,"text":"All persons holding or applying for a permit authorizing the land application of sewage sludge shall provide to the Board written evidence of financial responsibility, which shall be available to pay claims for cleanup costs, personal injury, and property damages resulting from the transportation, storage, or land application of sewage sludge. The Board shall, by regulation, establish and prescribe mechanisms for meeting the financial responsibility requirements of this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"23":{"id":214694,"text":"Any county, city, or town may adopt an ordinance that provides for the testing and monitoring of the land application of sewage sludge within its political boundaries to ensure compliance with applicable laws and regulations.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"24":{"id":214695,"text":"The Department, upon the timely request of any individual to test the sewage sludge at a specific site, shall collect samples of the sewage sludge at the site prior to the land application and submit such samples to a laboratory. The testing shall include an analysis of the (i) concentration of trace elements, (ii) coliform count, and (iii) pH level. The results of the laboratory analysis shall be (a) furnished to the individual requesting that the test be conducted and (b) reviewed by the Department. The person requesting the test and analysis of the sewage sludge shall pay the costs of sampling, testing, and analysis.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"25":{"id":214696,"text":"At least 100 days prior to commencing land application of sewage sludge at a permitted site, the permit holder shall deliver or cause to be delivered written notification to the chief executive officer or his designee for the local government where the site is located. The notice shall identify the location of the permitted site and the expected sources of the sewage sludge to be applied to the site. This requirement may be satisfied by providing a list of all available permitted sites in the locality at least 100 days prior to commencing the application at any site on the list. This requirement shall not apply to any application commenced prior to October 10, 2005. If the site is located in more than one county, the notice shall be provided to all jurisdictions where the site is located.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"26":{"id":214697,"text":"The permit holder shall deliver or cause to be delivered written notification to the Department at least 14 days prior to commencing land application of sewage sludge at a permitted site. The notice shall identify the location of the permitted site and the expected sources of the sewage sludge to be applied to the site.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"27":{"id":214698,"text":"The Department shall randomly conduct unannounced site inspections while land application of sewage sludge is in progress at a sufficient frequency to determine compliance with the requirements of this section, § 62.1-44.19:3.1, or regulations adopted under those sections.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"28":{"id":214699,"text":"Surface incorporation into the soil of sewage sludge applied to cropland may be required when practicable and compatible with a soil conservation plan meeting the standards and specifications of the U.S. Department of Agriculture Natural Resources Conservation Service.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"29":{"id":214700,"text":"The Board shall develop regulations specifying and providing for extended buffers to be employed for application of sewage sludge (i) to hay, pasture, and forestlands or (ii) to croplands where surface incorporation is not practicable or is incompatible with a soil conservation plan meeting the standards and specifications of the U.S. Department of Agriculture Natural Resources Conservation Service. Such extended buffers may be included by the Department as site specific permit conditions pursuant to subsection E, as an alternative to surface incorporation when necessary to protect odor sensitive receptors as determined by the Department or the local monitor.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N","next_prefix":"P"},"30":{"id":214701,"text":"The Board shall adopt regulations requiring the payment of a fee for the land application of sewage sludge, pursuant to permits issued under this section. The person land applying sewage sludge shall (i) provide advance notice of the estimated fee to the generator of the sewage sludge unless notification is waived, (ii) collect the fee from the generator, and (iii) remit the fee to the Department as provided for by regulation. The fee shall be imposed on each dry ton of sewage sludge that is land applied in the Commonwealth. The regulations shall include requirements and procedures for:","type":"section","prefixes":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O","next_prefix":"P1"},"31":{"id":214702,"text":"Collection of fees by the Department;","type":"section","prefixes":["P","1"],"prefix":"1","entire_prefix":"P1","prefix_anchor":"P1","level":2,"prior_prefix":"P","next_prefix":"P2"},"32":{"id":214703,"text":"Deposit of the fees into the Fund; and","type":"section","prefixes":["P","2"],"prefix":"2","entire_prefix":"P2","prefix_anchor":"P2","level":2,"prior_prefix":"P1","next_prefix":"P3"},"33":{"id":214704,"text":"Disbursement of proceeds by the Department pursuant to subsection G.","type":"section","prefixes":["P","3"],"prefix":"3","entire_prefix":"P3","prefix_anchor":"P3","level":2,"prior_prefix":"P2","next_prefix":"Q"},"34":{"id":214705,"text":"The Department, in consultation with the Department of Health, the Department of Conservation and Recreation, the Department of Agriculture and Consumer Services, and the Virginia Cooperative Extension Service, shall establish and implement a program to train persons employed by those local governments that have adopted ordinances, pursuant to this section, to test and monitor the land application of sewage sludge. The program shall include, at a minimum, instruction in: (i) the provisions of the Virginia Biosolids Use Regulations; (ii) land application methods and equipment, including methods and processes for preparation and stabilization of sewage sludge that is land applied; (iii) sampling and chain of custody control; (iv) preparation and implementation of nutrient management plans for land application sites; (v) complaint response and preparation of complaint and inspection reports; (vi) enforcement authority and procedures; (vii) interaction and communication with the public; and (viii) preparation of applications for reimbursement of local monitoring costs disbursed pursuant to subsection G. To the extent feasible, the program shall emphasize in-field instruction and practical training. Persons employed by local governments shall successfully complete such training before the local government may request reimbursement from the Board for testing and monitoring of land application of sewage sludge performed by the person. The completion of training shall not be a prerequisite to the exercise of authority granted to local governments by any applicable provision of law.\n\t\t\tThe Department may:","type":"section","prefixes":["Q"],"prefix":"Q","entire_prefix":"Q","prefix_anchor":"Q","level":1,"prior_prefix":"P3","next_prefix":"Q1"},"35":{"id":214706,"text":"Charge attendees a reasonable fee to recover the actual costs of preparing course materials and providing facilities and instructors for the program. The fee shall be reimbursable from the Fund established pursuant to this section; and","type":"section","prefixes":["Q","1"],"prefix":"1","entire_prefix":"Q1","prefix_anchor":"Q1","level":2,"prior_prefix":"Q","next_prefix":"Q2"},"36":{"id":214707,"text":"Request and accept the assistance and participation of other state agencies and institutions in preparing and presenting the course of training established by this subsection.","type":"section","prefixes":["Q","2"],"prefix":"2","entire_prefix":"Q2","prefix_anchor":"Q2","level":2,"prior_prefix":"Q1","next_prefix":"R"},"37":{"id":214708,"text":"Localities, as part of their zoning ordinances, may designate or reasonably restrict the storage of sewage sludge based on criteria directly related to the public health, safety, and welfare of its citizens and the environment. Notwithstanding any contrary provision of law, a locality may by ordinance require that a special exception or a special use permit be obtained to begin the storage of sewage sludge on any property in its jurisdiction, including any area that is zoned as an agricultural district or classification. Such ordinances shall not restrict the storage of sewage sludge on a farm as long as such sludge is being stored (i) solely for land application on that farm and (ii) for a period no longer than 45 days. No person shall apply to the State Health Commissioner or the Department of Environmental Quality for a permit, a variance, or a permit modification authorizing such storage without first complying with all requirements adopted pursuant to this subsection.","type":"section","prefixes":["R"],"prefix":"R","entire_prefix":"R","prefix_anchor":"R","level":1,"prior_prefix":"Q2","next_prefix":"S"},"38":{"id":214709,"text":"(Expires July 1, 2030) The permitting requirements of this article shall not apply to any land application of sewage sludge for a research project when such land is owned and operated by an institution of higher education in the Commonwealth. At least 30 days prior to commencing any land application of sewage sludge, the institution of higher education shall notify the Department and the owner of every adjoining property of its intent to land apply such sewage sludge. The institution of higher education shall comply with setback and recordkeeping requirements as outlined in the Virginia Pollution Abatement Permit Regulation (9VAC25-32). As used in this subsection, “institution of higher education” means a public institution of higher education, as that term is defined in § 23.1-100.","type":"section","prefixes":["S"],"prefix":"S","entire_prefix":"S","prefix_anchor":"S","level":1,"prior_prefix":"R"}},"ancestry":[{"id":14634,"edition_id":1,"name":"Regulation of Sewage Discharges","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:49:00","date_modified":"2026-06-26 03:49:00","permalink":{"id":269817,"object_type":"structure","relational_id":14634,"identifier":"4","token":"62.1\/3.1\/4","url":"\/62.1\/3.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79664,"structure_id":14634,"section_number":"62.1-44.18","catch_line":"Sewerage systems, etc., under supervision of Board and Department of Environmental Quality; Board to regulate design specification and plans","url":"\/62.1-44.18\/","token":"62.1\/3.1\/4\/62.1-44.18","metadata":false},{"id":86479,"structure_id":14634,"section_number":"62.1-44.18:1","catch_line":"Repealed","url":"\/62.1-44.18_1\/","token":"62.1\/3.1\/4\/62.1-44.18_1","metadata":false},{"id":75666,"structure_id":14634,"section_number":"62.1-44.18:2","catch_line":"When Board may prohibit discharge; permits","url":"\/62.1-44.18_2\/","token":"62.1\/3.1\/4\/62.1-44.18_2","metadata":false},{"id":78323,"structure_id":14634,"section_number":"62.1-44.18:3","catch_line":"Permit for private sewerage facility; financial assurance; violations; waiver of filing","url":"\/62.1-44.18_3\/","token":"62.1\/3.1\/4\/62.1-44.18_3","metadata":false},{"id":76286,"structure_id":14634,"section_number":"62.1-44.19","catch_line":"Approval of sewerage systems and sewage treatment works","url":"\/62.1-44.19\/","token":"62.1\/3.1\/4\/62.1-44.19","metadata":false},{"id":56199,"structure_id":14634,"section_number":"62.1-44.19:1","catch_line":"Prohibiting sewage discharge under certain conditions in Virginia Beach","url":"\/62.1-44.19_1\/","token":"62.1\/3.1\/4\/62.1-44.19_1","metadata":false},{"id":73726,"structure_id":14634,"section_number":"62.1-44.19:2","catch_line":"Additional requirements on sewage discharge in the Cities of Chesapeake, Hampton, Newport News, Norfolk and Virginia Beach","url":"\/62.1-44.19_2\/","token":"62.1\/3.1\/4\/62.1-44.19_2","metadata":false},{"id":58577,"structure_id":14634,"section_number":"62.1-44.19:3","catch_line":"Prohibition on land application, marketing, and distribution of sewage sludge without permit; ordinances; notice requirement; fees","url":"\/62.1-44.19_3\/","token":"62.1\/3.1\/4\/62.1-44.19_3","metadata":false},{"id":77305,"structure_id":14634,"section_number":"62.1-44.19:3.1","catch_line":"Certification of sewage sludge land applicators","url":"\/62.1-44.19_3.1\/","token":"62.1\/3.1\/4\/62.1-44.19_3.1","metadata":false},{"id":84367,"structure_id":14634,"section_number":"62.1-44.19:3.2","catch_line":"Local enforcement of sewage sludge regulations","url":"\/62.1-44.19_3.2\/","token":"62.1\/3.1\/4\/62.1-44.19_3.2","metadata":false},{"id":60609,"structure_id":14634,"section_number":"62.1-44.19:3.3","catch_line":"Septage disposal","url":"\/62.1-44.19_3.3\/","token":"62.1\/3.1\/4\/62.1-44.19_3.3","metadata":false},{"id":56187,"structure_id":14634,"section_number":"62.1-44.19:3.4","catch_line":"Notification of local governing bodies","url":"\/62.1-44.19_3.4\/","token":"62.1\/3.1\/4\/62.1-44.19_3.4","metadata":false},{"id":78587,"structure_id":14634,"section_number":"62.1-44.19:3.5","catch_line":"Attendance by licensed operator","url":"\/62.1-44.19_3.5\/","token":"62.1\/3.1\/4\/62.1-44.19_3.5","metadata":false}],"previous_section":{"id":73726,"structure_id":14634,"section_number":"62.1-44.19:2","catch_line":"Additional requirements on sewage discharge in the Cities of Chesapeake, Hampton, Newport News, Norfolk and Virginia Beach","url":"\/62.1-44.19_2\/","token":"62.1\/3.1\/4\/62.1-44.19_2","metadata":false},"next_section":{"id":77305,"structure_id":14634,"section_number":"62.1-44.19:3.1","catch_line":"Certification of sewage sludge land applicators","url":"\/62.1-44.19_3.1\/","token":"62.1\/3.1\/4\/62.1-44.19_3.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.19:3\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 288<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 831<\/a>; in 2005, chapters 197<\/a>, 396<\/a>, 459<\/a>, and 593<\/a>; in 2007, chapters 390<\/a>, 881<\/a>, 927<\/a>, and 929<\/a>; in 2009, chapter 42<\/a>; in 2015, chapters 104<\/a> and 677<\/a>; in 2024, chapter 209<\/a>; in 2025, chapter 280<\/a>.<\/p>","references":[{"id":57148,"section_number":"10.1-1413.1","catch_line":"Waste information and assessment program","order_by":null,"url":"\/10.1-1413.1\/"},{"id":75714,"section_number":"62.1-44.16","catch_line":"Industrial wastes","order_by":null,"url":"\/62.1-44.16\/"},{"id":77305,"section_number":"62.1-44.19:3.1","catch_line":"Certification of sewage sludge land applicators","order_by":null,"url":"\/62.1-44.19_3.1\/"},{"id":84367,"section_number":"62.1-44.19:3.2","catch_line":"Local enforcement of sewage sludge regulations","order_by":null,"url":"\/62.1-44.19_3.2\/"}],"refers_to":[{"id":64547,"section_number":"10.1-104.2","catch_line":"Voluntary nutrient management training and certification program","order_by":null,"url":"\/10.1-104.2\/"},{"id":59984,"section_number":"23.1-100","catch_line":"Definitions","order_by":null,"url":"\/23.1-100\/"},{"id":69161,"section_number":"62.1-44.15:3","catch_line":"When application for permit considered complete","order_by":null,"url":"\/62.1-44.15_3\/"},{"id":75714,"section_number":"62.1-44.16","catch_line":"Industrial wastes","order_by":null,"url":"\/62.1-44.16\/"},{"id":73051,"section_number":"62.1-44.17:1","catch_line":"Permits for confined animal feeding operations","order_by":null,"url":"\/62.1-44.17_1\/"},{"id":83087,"section_number":"62.1-44.17:1.1","catch_line":"Poultry waste management program","order_by":null,"url":"\/62.1-44.17_1.1\/"},{"id":77305,"section_number":"62.1-44.19:3.1","catch_line":"Certification of sewage sludge land applicators","order_by":null,"url":"\/62.1-44.19_3.1\/"},{"id":56187,"section_number":"62.1-44.19:3.4","catch_line":"Notification of local governing bodies","order_by":null,"url":"\/62.1-44.19_3.4\/"},{"id":61187,"section_number":"62.1-44.3","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.3\/"},{"id":57966,"section_number":"62.1-44.31","catch_line":"Violation of order or certificate or failure to cooperate with Board","order_by":null,"url":"\/62.1-44.31\/"}],"permalink":{"id":269847,"object_type":"law","relational_id":58577,"identifier":"62.1-44.19:3","token":"62.1\/3.1\/4\/62.1-44.19_3","url":"\/62.1-44.19_3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.19_3\/","token":"62.1\/3.1\/4\/62.1-44.19_3","dublin_core":{"Title":"Prohibition on land application, marketing, and distribution of sewage sludge without permit; ordinances; notice requirement; fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.19:3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. No owner<\/span> of a sewage treatment works<\/span> shall land apply, market, or distribute sewage sludge from such treatment works except in compliance with a valid Virginia Pollutant Discharge Elimination System Permit or valid Virginia Pollution<\/span> Abatement Permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Sewage sludge shall be treated to meet standards<\/span> for land application as required by Board<\/span> regulation<\/span> prior to delivery at the land application site. No person<\/span> shall alter the composition of sewage sludge at a site approved for land application of sewage sludge under a Virginia Pollution<\/span> Abatement Permit or a Virginia Pollutant Discharge Elimination System. Any person<\/span> who engages in the alteration of such sewage sludge shall be subject to the penalties provided in Article 6 (§ 62.1-44.31<\/a> et seq.). The addition of lime or deodorants to sewage sludge that has been treated to meet land application standards<\/span> shall not constitute alteration of the composition of sewage sludge. The Department<\/span> may authorize public institutions of higher education to conduct scientific research on the composition of sewage sludge that may be applied to land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No person<\/span> shall contract<\/span> or propose to contract<\/span>, with the owner<\/span> of a sewage treatment works<\/span>, to land apply, market, or distribute sewage sludge in the Commonwealth, nor shall any person<\/span> land apply, market, or distribute sewage sludge in the Commonwealth without a current Virginia Pollution<\/span> Abatement Permit authorizing land application, marketing, or distribution of sewage sludge and specifying the location or locations, and the terms and conditions of such land application, marketing, or distribution. The permit application shall not be complete unless it includes the landowner’s written consent to apply sewage sludge on his property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The land disposal of lime-stabilized septage and unstabilized septage is prohibited. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Beginning July 1, 2007, no application for a permit or variance to authorize the storage of sewage sludge shall be complete unless it contains certification from the governing body of the locality in which the sewage sludge is to be stored that the storage site is consistent with all applicable ordinances<\/span>. The governing body shall confirm or deny consistency within 30 days of receiving a request for certification. If the governing body does not so respond, the site shall be deemed consistent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span>, with the assistance of the Department<\/span> of Conservation and Recreation and the Department<\/span> of Health, shall adopt regulations<\/span> to ensure that (i) sewage sludge permitted for land application, marketing, or distribution is properly treated or stabilized; (ii) land application, marketing, and distribution of sewage sludge is performed in a manner that will protect public health and the environment; and (iii) the escape, flow, or discharge of sewage sludge into state waters<\/span> in a manner that would cause pollution<\/span> of state waters<\/span>, as those terms are defined in § 62.1-44.3<\/a>, shall be prevented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Regulations<\/span> adopted by the Board<\/span>, with the assistance of the Department<\/span> of Conservation and Recreation and the Department<\/span> of Health pursuant to subsection B, shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Requirements and procedures for the issuance and amendment of permits, including general permits, authorizing the land application, marketing, or distribution of sewage sludge; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Procedures for amending land application permits to include additional application sites and sewage sludge types; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Standards<\/span> for treatment or stabilization of sewage sludge prior to land application, marketing, or distribution; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Requirements for determining the suitability of land application sites and facilities used in land application, marketing, or distribution of sewage sludge; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Required procedures for land application, marketing, and distribution of sewage sludge; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Requirements for sampling, analysis, recordkeeping, and reporting in connection with land application, marketing, and distribution of sewage sludge; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Provisions for notification of local governing bodies to ensure compliance with §§ 62.1-44.15:3<\/a> and 62.1-44.19:3.4<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Requirements for site-specific nutrient management plans, which shall be developed by persons<\/span> certified in accordance with § 10.1-104.2<\/a> prior to land application for all sites where sewage sludge is land applied, and approved by the Department<\/span> of Conservation and Recreation prior to permit issuance under specific conditions, including but not limited to sites operated by an owner<\/span> or lessee of a Confined Animal Feeding Operation, as defined in subsection A of § 62.1-44.17:1<\/a>, or Confined Poultry Feeding Operation, as defined in § 62.1-44.17:1.1<\/a>, sites where the permit authorizes land application more frequently than once every three years at greater than 50 percent of the annual agronomic rate, and other sites based on site-specific conditions that increase the risk that land application may adversely impact state waters<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Procedures for the prompt investigation and disposition<\/span> of complaints concerning land application of sewage sludge, including the requirements that (i) holders of permits issued under this section shall report all complaints received by them to the Department<\/span> and to the local governing body of the jurisdiction<\/span> in which the complaint originates and (ii) localities receiving complaints concerning land application of sewage sludge shall notify the Department<\/span> and the permit holder. The Department<\/span> shall maintain a searchable electronic database of complaints received during the current and preceding calendar year, which shall include information detailing each complaint and how it was resolved; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Procedures for receiving and responding to public comments on applications for permits and for permit amendments authorizing land application at additional sites. Such procedures shall provide that an application for any permit amendments to increase the acreage authorized by the initial permit by 50 percent or more shall be treated as a new application for purposes of public notice and public hearings<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Procedures for addressing administrative, staging, signage, and additional on-site and alternative storage site requirements when routine and on-site storage facility capacity and holding times are anticipated to be exceeded for the purpose of protecting against the release of sewage sludge into state waters<\/span>, and to account for increased intensity, frequency, and duration of storm events. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to issuance of a permit authorizing the land application, marketing, or distribution of sewage sludge, the Department<\/span> shall consult with and give full consideration to the written recommendations of the Department<\/span> of Health and the Department<\/span> of Conservation and Recreation. Such consultation shall include any public health risks or water quality impacts associated with the permitted activity. The Department<\/span> of Health and the Department<\/span> of Conservation and Recreation may submit written comments on proposed permits within 30 days after notification by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Where, because of site-specific conditions, including soil type, identified during the permit application review process, the Department<\/span> determines that special requirements are necessary to protect the environment or the health, safety, or welfare of persons<\/span> residing in the vicinity of a proposed land application site, the Department<\/span> may incorporate in the permit at the time it is issued reasonable special conditions regarding buffering, transportation routes, slope, material<\/span> source, methods of handling and application, and time of day restrictions exceeding those required by the regulations<\/span> adopted under this section. Before incorporating any such conditions into the permit, the Department<\/span> shall provide written notice to the permit applicant, specifying the reasons therefor and identifying the site-specific conditions justifying the additional requirements. The Department<\/span> shall incorporate into the notice any written requests or recommendations concerning such site-specific conditions submitted by the local governing body where the land application is to take place. The permit applicant shall have at least 14 days in which to review and respond to the proposed conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Board<\/span> shall adopt regulations<\/span> prescribing a fee to be charged to all permit holders and persons<\/span> applying for permits and permit modifications pursuant to this section. All fees collected pursuant to this subsection shall be deposited into the Sludge Management Fund. The fee for the initial issuance of a permit shall be $5,000. The fee for the reissuance, amendment, or modification of a permit for an existing site shall not exceed $1,000 and shall be charged only for permit actions initiated by the permit holder. Fees collected under this section shall be exempt from statewide indirect costs charged and collected by the Department<\/span> of Accounts and shall not supplant or reduce the general fund appropriation to the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> There is hereby established in the treasury a special fund to be known as the Sludge Management Fund, hereinafter referred to as the Fund. The fees required by this section and by subsection E of § 62.1-44.16<\/a> shall be transmitted to the Comptroller to be deposited into the Fund. The income and principal of the Fund shall be used only and exclusively (i) for the Department<\/span>’s direct and indirect costs associated with the processing of an application to issue<\/span>, reissue, amend<\/span>, or modify any permit to land apply, distribute, or market sewage sludge or industrial wastes<\/span>, the administration and management of the Department<\/span>’s sewage sludge and industrial wastes<\/span> land application programs, including monitoring and inspecting, and the Department<\/span> of Conservation and Recreation’s costs for implementation of the sewage sludge application program and (ii) to reimburse localities with duly adopted ordinances<\/span> providing for the testing and monitoring of the land application of sewage sludge or solid or semisolid industrial wastes<\/span>. The State Treasurer shall be the custodian of the moneys deposited in the Fund. No part of the Fund, either principal or interest earned thereon, shall revert to the general fund of the state treasury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> All persons<\/span> holding or applying for a permit authorizing the land application of sewage sludge shall provide to the Board<\/span> written evidence<\/span> of financial responsibility, which shall be available to pay claims for cleanup costs, personal injury, and property damages<\/span> resulting from the transportation, storage, or land application of sewage sludge. The Board<\/span> shall, by regulation<\/span>, establish and prescribe mechanisms for meeting the financial responsibility requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any county, city, or town may adopt an ordinance<\/span> that provides for the testing and monitoring of the land application of sewage sludge within its political boundaries to ensure compliance with applicable laws<\/span> and regulations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Department<\/span>, upon the timely request of any individual to test the sewage sludge at a specific site, shall collect samples of the sewage sludge at the site prior to the land application and submit such samples to a laboratory. The testing shall include an analysis of the (i) concentration of trace elements, (ii) coliform count, and (iii) pH level. The results of the laboratory analysis shall be (a) furnished to the individual requesting that the test be conducted and (b) reviewed by the Department<\/span>. The person<\/span> requesting the test and analysis of the sewage sludge shall pay the costs of sampling, testing, and analysis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> At least 100 days prior to commencing land application of sewage sludge at a permitted site, the permit holder shall deliver or cause to be delivered written notification to the chief executive officer or his designee for the local government where the site is located. The notice shall identify the location of the permitted site and the expected sources of the sewage sludge to be applied to the site. This requirement may be satisfied by providing a list of all available permitted sites in the locality at least 100 days prior to commencing the application at any site on the list. This requirement shall not apply to any application commenced prior to October 10, 2005. If the site is located in more than one county, the notice shall be provided to all jurisdictions<\/span> where the site is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> The permit holder shall deliver or cause to be delivered written notification to the Department<\/span> at least 14 days prior to commencing land application of sewage sludge at a permitted site. The notice shall identify the location of the permitted site and the expected sources of the sewage sludge to be applied to the site. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> The Department<\/span> shall randomly conduct unannounced site inspections while land application of sewage sludge is in progress at a sufficient frequency to determine compliance with the requirements of this section, § 62.1-44.19:3.1<\/a>, or regulations<\/span> adopted under those sections. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> Surface incorporation into the soil of sewage sludge applied to cropland may be required when practicable and compatible with a soil conservation plan meeting the standards<\/span> and specifications of the U.S. Department<\/span> of Agriculture Natural Resources Conservation Service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> The Board<\/span> shall develop regulations<\/span> specifying and providing for extended buffers to be employed for application of sewage sludge (i) to hay, pasture, and forestlands or (ii) to croplands where surface incorporation is not practicable or is incompatible with a soil conservation plan meeting the standards<\/span> and specifications of the U.S. Department<\/span> of Agriculture Natural Resources Conservation Service. Such extended buffers may be included by the Department<\/span> as site specific permit conditions pursuant to subsection E, as an alternative to surface incorporation when necessary to protect odor sensitive receptors as determined by the Department<\/span> or the local monitor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> The Board<\/span> shall adopt regulations<\/span> requiring the payment of a fee for the land application of sewage sludge, pursuant to permits issued under this section. The person<\/span> land applying sewage sludge shall (i) provide advance notice of the estimated fee to the generator of the sewage sludge unless notification is waived, (ii) collect the fee from the generator, and (iii) remit the fee to the Department<\/span> as provided for by regulation<\/span>. The fee shall be imposed on each dry ton of sewage sludge that is land applied in the Commonwealth. The regulations<\/span> shall include requirements and procedures for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Collection of fees by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Deposit of the fees into the Fund; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Disbursement of proceeds by the Department<\/span> pursuant to subsection G. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> The Department<\/span>, in consultation with the Department<\/span> of Health, the Department<\/span> of Conservation and Recreation, the Department<\/span> of Agriculture and Consumer Services, and the Virginia Cooperative Extension Service, shall establish and implement a program to train persons<\/span> employed by those local governments that have adopted ordinances<\/span>, pursuant to this section, to test and monitor the land application of sewage sludge. The program shall include, at a minimum, instruction in: (i) the provisions of the Virginia Biosolids Use Regulations<\/span>; (ii) land application methods and equipment, including methods and processes for preparation and stabilization of sewage sludge that is land applied; (iii) sampling and chain of custody<\/span> control; (iv) preparation and implementation of nutrient management plans for land application sites; (v) complaint response and preparation of complaint and inspection reports; (vi) enforcement authority and procedures; (vii) interaction and communication with the public; and (viii) preparation of applications for reimbursement of local monitoring costs disbursed pursuant to subsection G. To the extent feasible, the program shall emphasize in-field instruction and practical training. Persons<\/span> employed by local governments shall successfully complete such training before the local government may request reimbursement from the Board<\/span> for testing and monitoring of land application of sewage sludge performed by the person<\/span>. The completion of training shall not be a prerequisite to the exercise of authority granted to local governments by any applicable provision of law<\/span>.\n\t\t\tThe Department<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Charge attendees a reasonable fee to recover the actual costs of preparing course materials<\/span> and providing facilities and instructors for the program. The fee shall be reimbursable from the Fund established pursuant to this section; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Request and accept the assistance and participation of other state agencies and institutions in preparing and presenting the course of training established by this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

R.<\/span> Localities, as part of their zoning ordinances<\/span>, may designate or reasonably restrict the storage of sewage sludge based on criteria directly related to the public health, safety, and welfare of its citizens and the environment. Notwithstanding any contrary provision of law<\/span>, a locality may by ordinance<\/span> require that a special exception or a special use permit be obtained to begin the storage of sewage sludge on any property in its jurisdiction<\/span>, including any area that is zoned as an agricultural district or classification. Such ordinances<\/span> shall not restrict the storage of sewage sludge on a farm as long as such sludge is being stored (i) solely for land application on that farm and (ii) for a period no longer than 45 days. No person<\/span> shall apply to the State Health Commissioner or the Department<\/span> of Environmental Quality for a permit, a variance, or a permit modification authorizing such storage without first complying with all requirements adopted pursuant to this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

S.<\/span> (Expires July 1, 2030) The permitting requirements of this article shall not apply to any land application of sewage sludge for a research project when such land is owned and operated by an institution of higher education<\/span> in the Commonwealth. At least 30 days prior to commencing any land application of sewage sludge, the institution of higher education<\/span> shall notify the Department<\/span> and the owner<\/span> of every adjoining property of its intent<\/span> to land apply such sewage sludge. The institution of higher education<\/span> shall comply with setback and recordkeeping requirements as outlined in the Virginia Pollution<\/span> Abatement Permit Regulation<\/span> (9VAC25-32). As used in this subsection, “institution of higher education<\/span>” means a public institution of higher education<\/span>, as that term is defined in § 23.1-100<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITION ON LAND APPLICATION, MARKETING, AND DISTRIBUTION OF SEWAGE SLUDGE\nWITHOUT PERMIT; ORDINANCES; NOTICE REQUIREMENT; FEES (\u00a7 62.1-44.19:3)\n\nA. 1. No owner of a sewage treatment works shall land apply, market, or\ndistribute sewage sludge from such treatment works except in compliance with a\nvalid Virginia Pollutant Discharge Elimination System Permit or valid Virginia\nPollution Abatement Permit.\n\n 2. Sewage sludge shall be treated to meet standards for land application as\n required by Board regulation prior to delivery at the land application site.\n No person shall alter the composition of sewage sludge at a site approved for\n land application of sewage sludge under a Virginia Pollution Abatement Permit\n or a Virginia Pollutant Discharge Elimination System. Any person who engages\n in the alteration of such sewage sludge shall be subject to the penalties\n provided in Article 6 (§ 62.1-44.31 et seq.). The addition of lime or\n deodorants to sewage sludge that has been treated to meet land application\n standards shall not constitute alteration of the composition of sewage sludge.\n The Department may authorize public institutions of higher education to\n conduct scientific research on the composition of sewage sludge that may be\n applied to land.\n\n 3. No person shall contract or propose to contract, with the owner of a sewage\n treatment works, to land apply, market, or distribute sewage sludge in the\n Commonwealth, nor shall any person land apply, market, or distribute sewage\n sludge in the Commonwealth without a current Virginia Pollution Abatement\n Permit authorizing land application, marketing, or distribution of sewage\n sludge and specifying the location or locations, and the terms and conditions\n of such land application, marketing, or distribution. The permit application\n shall not be complete unless it includes the landowner’s written consent\n to apply sewage sludge on his property.\n\n 4. The land disposal of lime-stabilized septage and unstabilized septage is\n prohibited.\n\n 5. Beginning July 1, 2007, no application for a permit or variance to\n authorize the storage of sewage sludge shall be complete unless it contains\n certification from the governing body of the locality in which the sewage\n sludge is to be stored that the storage site is consistent with all applicable\n ordinances. The governing body shall confirm or deny consistency within 30\n days of receiving a request for certification. If the governing body does not\n so respond, the site shall be deemed consistent.\n\nB. The Board, with the assistance of the Department of Conservation and\nRecreation and the Department of Health, shall adopt regulations to ensure that\n(i) sewage sludge permitted for land application, marketing, or distribution is\nproperly treated or stabilized; (ii) land application, marketing, and\ndistribution of sewage sludge is performed in a manner that will protect public\nhealth and the environment; and (iii) the escape, flow, or discharge of sewage\nsludge into state waters in a manner that would cause pollution of state waters,\nas those terms are defined in § 62.1-44.3, shall be prevented.\n\nC. Regulations adopted by the Board, with the assistance of the Department of\nConservation and Recreation and the Department of Health pursuant to subsection\nB, shall include:\n\n 1. Requirements and procedures for the issuance and amendment of permits,\n including general permits, authorizing the land application, marketing, or\n distribution of sewage sludge;\n\n 2. Procedures for amending land application permits to include additional\n application sites and sewage sludge types;\n\n 3. Standards for treatment or stabilization of sewage sludge prior to land\n application, marketing, or distribution;\n\n 4. Requirements for determining the suitability of land application sites and\n facilities used in land application, marketing, or distribution of sewage\n sludge;\n\n 5. Required procedures for land application, marketing, and distribution of\n sewage sludge;\n\n 6. Requirements for sampling, analysis, recordkeeping, and reporting in\n connection with land application, marketing, and distribution of sewage\n sludge;\n\n 7. Provisions for notification of local governing bodies to ensure compliance\n with §§ 62.1-44.15:3 and 62.1-44.19:3.4;\n\n 8. Requirements for site-specific nutrient management plans, which shall be\n developed by persons certified in accordance with § 10.1-104.2 prior to\n land application for all sites where sewage sludge is land applied, and\n approved by the Department of Conservation and Recreation prior to permit\n issuance under specific conditions, including but not limited to sites\n operated by an owner or lessee of a Confined Animal Feeding Operation, as\n defined in subsection A of § 62.1-44.17:1, or Confined Poultry Feeding\n Operation, as defined in § 62.1-44.17:1.1, sites where the permit\n authorizes land application more frequently than once every three years at\n greater than 50 percent of the annual agronomic rate, and other sites based on\n site-specific conditions that increase the risk that land application may\n adversely impact state waters;\n\n 9. Procedures for the prompt investigation and disposition of complaints\n concerning land application of sewage sludge, including the requirements that\n (i) holders of permits issued under this section shall report all complaints\n received by them to the Department and to the local governing body of the\n jurisdiction in which the complaint originates and (ii) localities receiving\n complaints concerning land application of sewage sludge shall notify the\n Department and the permit holder. The Department shall maintain a searchable\n electronic database of complaints received during the current and preceding\n calendar year, which shall include information detailing each complaint and\n how it was resolved;\n\n 10. Procedures for receiving and responding to public comments on applications\n for permits and for permit amendments authorizing land application at\n additional sites. Such procedures shall provide that an application for any\n permit amendments to increase the acreage authorized by the initial permit by\n 50 percent or more shall be treated as a new application for purposes of\n public notice and public hearings; and\n\n 11. Procedures for addressing administrative, staging, signage, and additional\n on-site and alternative storage site requirements when routine and on-site\n storage facility capacity and holding times are anticipated to be exceeded for\n the purpose of protecting against the release of sewage sludge into state\n waters, and to account for increased intensity, frequency, and duration of\n storm events.\n\nD. Prior to issuance of a permit authorizing the land application, marketing, or\ndistribution of sewage sludge, the Department shall consult with and give full\nconsideration to the written recommendations of the Department of Health and the\nDepartment of Conservation and Recreation. Such consultation shall include any\npublic health risks or water quality impacts associated with the permitted\nactivity. The Department of Health and the Department of Conservation and\nRecreation may submit written comments on proposed permits within 30 days after\nnotification by the Department.\n\nE. Where, because of site-specific conditions, including soil type, identified\nduring the permit application review process, the Department determines that\nspecial requirements are necessary to protect the environment or the health,\nsafety, or welfare of persons residing in the vicinity of a proposed land\napplication site, the Department may incorporate in the permit at the time it is\nissued reasonable special conditions regarding buffering, transportation routes,\nslope, material source, methods of handling and application, and time of day\nrestrictions exceeding those required by the regulations adopted under this\nsection. Before incorporating any such conditions into the permit, the\nDepartment shall provide written notice to the permit applicant, specifying the\nreasons therefor and identifying the site-specific conditions justifying the\nadditional requirements. The Department shall incorporate into the notice any\nwritten requests or recommendations concerning such site-specific conditions\nsubmitted by the local governing body where the land application is to take\nplace. The permit applicant shall have at least 14 days in which to review and\nrespond to the proposed conditions.\n\nF. The Board shall adopt regulations prescribing a fee to be charged to all\npermit holders and persons applying for permits and permit modifications\npursuant to this section. All fees collected pursuant to this subsection shall\nbe deposited into the Sludge Management Fund. The fee for the initial issuance\nof a permit shall be $5,000. The fee for the reissuance, amendment, or\nmodification of a permit for an existing site shall not exceed $1,000 and shall\nbe charged only for permit actions initiated by the permit holder. Fees\ncollected under this section shall be exempt from statewide indirect costs\ncharged and collected by the Department of Accounts and shall not supplant or\nreduce the general fund appropriation to the Department.\n\nG. There is hereby established in the treasury a special fund to be known as the\nSludge Management Fund, hereinafter referred to as the Fund. The fees required\nby this section and by subsection E of § 62.1-44.16 shall be transmitted to\nthe Comptroller to be deposited into the Fund. The income and principal of the\nFund shall be used only and exclusively (i) for the Department’s direct\nand indirect costs associated with the processing of an application to issue,\nreissue, amend, or modify any permit to land apply, distribute, or market sewage\nsludge or industrial wastes, the administration and management of the\nDepartment’s sewage sludge and industrial wastes land application\nprograms, including monitoring and inspecting, and the Department of\nConservation and Recreation’s costs for implementation of the sewage\nsludge application program and (ii) to reimburse localities with duly adopted\nordinances providing for the testing and monitoring of the land application of\nsewage sludge or solid or semisolid industrial wastes. The State Treasurer shall\nbe the custodian of the moneys deposited in the Fund. No part of the Fund,\neither principal or interest earned thereon, shall revert to the general fund of\nthe state treasury.\n\nH. All persons holding or applying for a permit authorizing the land application\nof sewage sludge shall provide to the Board written evidence of financial\nresponsibility, which shall be available to pay claims for cleanup costs,\npersonal injury, and property damages resulting from the transportation,\nstorage, or land application of sewage sludge. The Board shall, by regulation,\nestablish and prescribe mechanisms for meeting the financial responsibility\nrequirements of this section.\n\nI. Any county, city, or town may adopt an ordinance that provides for the\ntesting and monitoring of the land application of sewage sludge within its\npolitical boundaries to ensure compliance with applicable laws and regulations.\n\nJ. The Department, upon the timely request of any individual to test the sewage\nsludge at a specific site, shall collect samples of the sewage sludge at the\nsite prior to the land application and submit such samples to a laboratory. The\ntesting shall include an analysis of the (i) concentration of trace elements,\n(ii) coliform count, and (iii) pH level. The results of the laboratory analysis\nshall be (a) furnished to the individual requesting that the test be conducted\nand (b) reviewed by the Department. The person requesting the test and analysis\nof the sewage sludge shall pay the costs of sampling, testing, and analysis.\n\nK. At least 100 days prior to commencing land application of sewage sludge at a\npermitted site, the permit holder shall deliver or cause to be delivered written\nnotification to the chief executive officer or his designee for the local\ngovernment where the site is located. The notice shall identify the location of\nthe permitted site and the expected sources of the sewage sludge to be applied\nto the site. This requirement may be satisfied by providing a list of all\navailable permitted sites in the locality at least 100 days prior to commencing\nthe application at any site on the list. This requirement shall not apply to any\napplication commenced prior to October 10, 2005. If the site is located in more\nthan one county, the notice shall be provided to all jurisdictions where the\nsite is located.\n\nL. The permit holder shall deliver or cause to be delivered written notification\nto the Department at least 14 days prior to commencing land application of\nsewage sludge at a permitted site. The notice shall identify the location of the\npermitted site and the expected sources of the sewage sludge to be applied to\nthe site.\n\nM. The Department shall randomly conduct unannounced site inspections while land\napplication of sewage sludge is in progress at a sufficient frequency to\ndetermine compliance with the requirements of this section, §\n62.1-44.19:3.1, or regulations adopted under those sections.\n\nN. Surface incorporation into the soil of sewage sludge applied to cropland may\nbe required when practicable and compatible with a soil conservation plan\nmeeting the standards and specifications of the U.S. Department of Agriculture\nNatural Resources Conservation Service.\n\nO. The Board shall develop regulations specifying and providing for extended\nbuffers to be employed for application of sewage sludge (i) to hay, pasture, and\nforestlands or (ii) to croplands where surface incorporation is not practicable\nor is incompatible with a soil conservation plan meeting the standards and\nspecifications of the U.S. Department of Agriculture Natural Resources\nConservation Service. Such extended buffers may be included by the Department as\nsite specific permit conditions pursuant to subsection E, as an alternative to\nsurface incorporation when necessary to protect odor sensitive receptors as\ndetermined by the Department or the local monitor.\n\nP. The Board shall adopt regulations requiring the payment of a fee for the land\napplication of sewage sludge, pursuant to permits issued under this section. The\nperson land applying sewage sludge shall (i) provide advance notice of the\nestimated fee to the generator of the sewage sludge unless notification is\nwaived, (ii) collect the fee from the generator, and (iii) remit the fee to the\nDepartment as provided for by regulation. The fee shall be imposed on each dry\nton of sewage sludge that is land applied in the Commonwealth. The regulations\nshall include requirements and procedures for:\n\n 1. Collection of fees by the Department;\n\n 2. Deposit of the fees into the Fund; and\n\n 3. Disbursement of proceeds by the Department pursuant to subsection G.\n\nQ. The Department, in consultation with the Department of Health, the Department\nof Conservation and Recreation, the Department of Agriculture and Consumer\nServices, and the Virginia Cooperative Extension Service, shall establish and\nimplement a program to train persons employed by those local governments that\nhave adopted ordinances, pursuant to this section, to test and monitor the land\napplication of sewage sludge. The program shall include, at a minimum,\ninstruction in: (i) the provisions of the Virginia Biosolids Use Regulations;\n(ii) land application methods and equipment, including methods and processes for\npreparation and stabilization of sewage sludge that is land applied; (iii)\nsampling and chain of custody control; (iv) preparation and implementation of\nnutrient management plans for land application sites; (v) complaint response and\npreparation of complaint and inspection reports; (vi) enforcement authority and\nprocedures; (vii) interaction and communication with the public; and (viii)\npreparation of applications for reimbursement of local monitoring costs\ndisbursed pursuant to subsection G. To the extent feasible, the program shall\nemphasize in-field instruction and practical training. Persons employed by local\ngovernments shall successfully complete such training before the local\ngovernment may request reimbursement from the Board for testing and monitoring\nof land application of sewage sludge performed by the person. The completion of\ntraining shall not be a prerequisite to the exercise of authority granted to\nlocal governments by any applicable provision of law.\n\t\t\tThe Department may:\n\n 1. Charge attendees a reasonable fee to recover the actual costs of preparing\n course materials and providing facilities and instructors for the program. The\n fee shall be reimbursable from the Fund established pursuant to this section;\n and\n\n 2. Request and accept the assistance and participation of other state agencies\n and institutions in preparing and presenting the course of training\n established by this subsection.\n\nR. Localities, as part of their zoning ordinances, may designate or reasonably\nrestrict the storage of sewage sludge based on criteria directly related to the\npublic health, safety, and welfare of its citizens and the environment.\nNotwithstanding any contrary provision of law, a locality may by ordinance\nrequire that a special exception or a special use permit be obtained to begin\nthe storage of sewage sludge on any property in its jurisdiction, including any\narea that is zoned as an agricultural district or classification. Such\nordinances shall not restrict the storage of sewage sludge on a farm as long as\nsuch sludge is being stored (i) solely for land application on that farm and\n(ii) for a period no longer than 45 days. No person shall apply to the State\nHealth Commissioner or the Department of Environmental Quality for a permit, a\nvariance, or a permit modification authorizing such storage without first\ncomplying with all requirements adopted pursuant to this subsection.\n\nS. (Expires July 1, 2030) The permitting requirements of this article shall not\napply to any land application of sewage sludge for a research project when such\nland is owned and operated by an institution of higher education in the\nCommonwealth. At least 30 days prior to commencing any land application of\nsewage sludge, the institution of higher education shall notify the Department\nand the owner of every adjoining property of its intent to land apply such\nsewage sludge. The institution of higher education shall comply with setback and\nrecordkeeping requirements as outlined in the Virginia Pollution Abatement\nPermit Regulation (9VAC25-32). As used in this subsection, “institution of\nhigher education” means a public institution of higher education, as that\nterm is defined in § 23.1-100.\n\nHISTORY: 1994, c. 288; 2001, c. 831; 2005, cc. 197, 396, 459, 593; 2007, cc.\n390, 881, 927, 929; 2009, c. 42; 2015, cc. 104, 677; 2024, c. 209; 2025, c. 280.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}