                                 CODE OF VIRGINIA

PROHIBITION ON LAND APPLICATION, MARKETING, AND DISTRIBUTION OF SEWAGE SLUDGE
WITHOUT PERMIT; ORDINANCES; NOTICE REQUIREMENT; FEES (§ 62.1-44.19:3)

A. 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.

   2. 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 (&#xA7; 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. 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&#8217;s written consent
   to apply sewage sludge on his property.

   4. The land disposal of lime-stabilized septage and unstabilized septage is
   prohibited.

   5. 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.

B. 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 &#xA7; 62.1-44.3, shall be prevented.

C. 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:

   1. Requirements and procedures for the issuance and amendment of permits,
   including general permits, authorizing the land application, marketing, or
   distribution of sewage sludge;

   2. Procedures for amending land application permits to include additional
   application sites and sewage sludge types;

   3. Standards for treatment or stabilization of sewage sludge prior to land
   application, marketing, or distribution;

   4. Requirements for determining the suitability of land application sites and
   facilities used in land application, marketing, or distribution of sewage
   sludge;

   5. Required procedures for land application, marketing, and distribution of
   sewage sludge;

   6. Requirements for sampling, analysis, recordkeeping, and reporting in
   connection with land application, marketing, and distribution of sewage
   sludge;

   7. Provisions for notification of local governing bodies to ensure compliance
   with &#xA7;&#xA7; 62.1-44.15:3 and 62.1-44.19:3.4;

   8. Requirements for site-specific nutrient management plans, which shall be
   developed by persons certified in accordance with &#xA7; 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 &#xA7; 62.1-44.17:1, or Confined Poultry Feeding
   Operation, as defined in &#xA7; 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. 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;

   10. 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

   11. 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.

D. 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.

E. 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.

F. 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.

G. 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 &#xA7; 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&#8217;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&#8217;s sewage sludge and industrial wastes land application
programs, including monitoring and inspecting, and the Department of
Conservation and Recreation&#8217;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. 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.

I. 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.

J. 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.

K. 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.

L. 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.

M. 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, &#xA7;
62.1-44.19:3.1, or regulations adopted under those sections.

N. 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.

O. 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.

P. 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:

   1. Collection of fees by the Department;

   2. Deposit of the fees into the Fund; and

   3. Disbursement of proceeds by the Department pursuant to subsection G.

Q. 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.
			The Department may:

   1. 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

   2. 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.

R. 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.

S. (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, &#8220;institution of
higher education&#8221; means a public institution of higher education, as that
term is defined in &#xA7; 23.1-100.

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.