(a) The Board of Supervisors finds that the spreading, placement or disposal

    of sewage sludge from sewage treatment facilities on land without

    appropriate regulation by the County and notice to the County and its

    residents may create a public nuisance, may result in hazards to the health,

    safety and general welfare of the inhabitants of the County, and may

    present a danger of pollution of the waters and soils of the County.

    (b) The purpose of this Ordinance is to provide for the testing and monitoring

    of the land application of sewage sludge within the boundaries of the

    County to ensure compliance with applicable laws and regulations; to

    secure and promote the health, safety and general welfare of the County.s

    citizens; to deter the creation of any public nuisance; and to prevent

    pollution of the waters and soils of the County.

    (c) This Ordinance is adopted pursuant to authority granted by the Code of

    Virginia, including but not limited to, §§ 15.2-1200, et seq., 15.2-2200, et

    seq., and 62.1-44.19:3.

words and phrases shall mean:

the County.

pathogen control and is treated or managed to reduce vector attraction to a satisfactory

level and contains acceptable levels of pollutants, such that it is acceptable for use for

land application, marketing or distribution in accordance with State law and regulations

(12 VAC 5-585-10 et seq.).

whether full-time or part-time, who shall monitor the land application of biosolids within

the County to ensure that such application is performed in accordance with all applicable

laws, rules, regulations and ordinances. The Biosolids Coordinator shall be the local

designee, shall serve as the Biosolids Coordinator unless the Board of Supervisors

treatment for pathogen control and vector attraction reduction and contain known levels

of pollutants, such that they may be marketed or distributed for public use in accordance

with State regulations.

or the insertion into, land.

Commonwealth as a nutrient management planner and otherwise meeting the

requirements as set forth in the Virginia Nutrient Management Training and Certification

Regulations.

of possession or control over land.

venture, public or private corporation, trust, estate, commission, board, authority, public

or private institution, utility, cooperative, county, city or town or other political

subdivision of the Commonwealth, any interstate body or any other legal entity or

combination of the above.

materials removed from municipal or domestic wastewater during treatment, including

primary and secondary residues. Other residuals or solid wastes consisting of materials

collected and removed by sewage treatment, septage and portable toilet wastes are also

included in this definition.

facility operated as a public entity or by any public service corporation or public service

company, including any municipally owned or operated facility.

located or operated separately from sewage treatment facilities, utilized for sewage

sludge management, including but not limited to, handling, treatment and transport of

sewage sludge.

given field. Soil analyses generally include testing for soil pH, P (Phosphorous), K

(Potassium), Ca (Calcium), Mg (Magnesium), Zn (Zinc), Mn (Manganese), Cu (Copper),

Such facilities include, but are not limited to, above-ground and underground storage

tanks, silos, ponds, lagoons and other holding devices.

                            land located in the County except in accordance with federal and

                            state law and regulations and this Ordinance.

        22-3-2         No person shall dump, dispose of, spread or place biosolids on

                            lands in the County until all of the procedural requirements set

                            forth in this Ordinance and those set forth in applicable federal and

                            state laws and regulations have been satisfied. No owner of land

                            shall permit such dumping, disposal, spreading or placement of

                            biosolids on land in the County until all of the procedural

                            requirements set forth in this Ordinance and those set forth in

                            applicable federal and state laws and regulations have been

                            satisfied.

        22-3-3         No person shall apply biosolids to any land in the County except

                            pursuant to a valid permit issued by the Virginia Department of

                            Health (VDH) or the Virginia Department of Environmental

                            Quality (DEQ).

        22-3-4         No person shall apply sewage sludge other than biosolids that have

                            been approved by regulations of the Virginia Department of Health

                            to land in the County. No owner of land shall permit the

                            application of sewage sludge other than biosolids that have been

                            approved by regulations of the Virginia Department of Health to

                            land in the County under such person.s ownership, possession or

                            control.

            22-4-1     Only biosolids from approved sources as listed in the applicable

                            state permit shall be applied to land within the County.

            22-4-2     Biosolids otherwise permitted for land application under this

                            Ordinance may only be applied to the land in the County zoned A-

                            1 (Agricultural).

            22-4-3     No land application of biosolids shall be permitted on any land

                            within the County with a slope of 15% or greater.

            22-4-4     If biosolids are applied to site slopes greater than 5 percent during

                            the period of November 16 of one year to March 15 of the

                            following year, best management practices prescribed by 12 VAC

                            5-585-510 shall be utilized

            22-4-5     Biosolids shall not be applied other than Monday through Friday,

                            30 minutes before sunrise to 30 minutes after sunset.

            22-4-6     Biosolids shall be land applied as they are received at the site, and

                            in all cases good faith efforts shall be made to apply biosolids to

                            the land within 24 hours of delivery to the land. If application

                            cannot be completed within 24 hours, the Applicator shall notify

                            the Biosolids Coordinator of this fact, the reasons why, and the

                            Applicator’s plan to complete application as soon as reasonably

                            possible.

            22-4-7     Biosolids shall not be stored at any site in the County other than

                            storage that is approved in accordance with VDH.s regulations.

            22-4-8     Buffer zone requirements of state regulations and the applicable

                            nutrient management plan, whichever are more stringent, shall be

                            complied with in the land application of biosolids in the County.

            22-4-9     Whenever possible the land application of biosolids shall be

                            avoided or delayed if such application will conflict with a

                            community or planned social event, including but not limited to

                            fairs, carnivals, festivals, homecoming events and outdoor

                            weddings or receptions, in the vicinity of the land application site.

            22-5-1     At least fifteen (15) days prior to applying biosolids to any land in

                            the County, the Applicator shall provide written notice of the intent

                            to land apply biosolids to the Biosolids Coordinator.

            22-5-2     The notice shall include the following:

                            a. The name, address and telephone number of the Applicator.

                            b. Copies of any and all applicable permits, including any

                                amendments thereto, issued by federal or state authorizing

                                agencies.

                            c. A proposed operations schedule indicating when land

                                application of biosolids is planned for land in the County,

                                identifying the lands for which land application of biosolids

                                is anticipated by official tax map numbers, and providing

                                an estimate of the duration of the planned applications.

                            d. The name, telephone number and address of any hauler of

                                the biosolids if some person other than the applicator will

                                be responsible for transportation.

                            e. Designation on the County map of a primary and

                                alternative hauling route.

                            f. A copy of the biosolids management plan submitted to

                               VDH pursuant to 12 VAC 5-585-620 along with any

                               amendments to the plan.

                           g. A copy of a site-specific soil analysis and nutrient

                               management plan developed by a person certified in

                               accordance with § 10.1-104.2, Code of Virginia, (1950), as

                               amended, for each site for which land application of

                               biosolids is proposed.

                           h. Name, address and telephone number of the owner of the

                               land to which biosolids will be applied.

                           i. Written permission from the land owner and the Applicator

                              authorizing representatives of the County to take samples

                              of the biosolids before application, to take soil and water

                              samples up to 15 days after completion of land application,

                              and to inspect the site before, during, and up to 15 days

                              after completion of the application.

                            the property on which land application takes place agrees to allow

                            the Biosolids Coordinator access to the land application site for the

                            purpose of monitoring land application activities. It is the

                            responsibility of the Applicator to ensure that the property owner is

                            advised of this requirement. The Biosolids Coordinator shall make

                            diligent efforts to make contact with the property owner prior to

                            entering the property. The Biosolids Coordinator.s right of access

                            shall extend from the date on which the notification required by

                           § 21.1-5 is submitted until fifteen days after land application has

                            been completed at the site.

            22-6-2     If requested by the Biosolids Coordinator, the Applicator shall

                            provide the most recent analysis results for biosolids that are land

                            applied at any site in the County. The Applicator shall allow the

                            Biosolids Coordinator, upon request, to obtain samples of biosolids

                            being land applied in the County. At the request of the Applicator,

                            the Biosolids Coordinator shall provide the Applicator with a split

                            sample.

                            of any failure to follow the requirements of the Permit, applicable

                            regulations or the Applicator.s Operational Plan, resulting in the

                            improper application of biosolids or in the spillage of biosolids

                            onto public streets or rights-of-way or on property outside the area

                            authorized by the Permit. The Biosolids Coordinator may order

                            the abatement of any violation of State Laws or Regulations

                            pertaining to land application of biosolids. The Applicator shall

                            respond, in conformance with its Operational Plan, cease any such

                            violations and undertake appropriate corrective action for

                            improperly applied biosolids, or clean up biosolids spilled onto

                            public streets, roadways or other unpermitted areas, immediately

                            upon receiving such notification. In the event that the Applicator

                            does not respond to notification of spillage or improper application

                            and the County conducts the cleanup of spilled biosolids, the

                            Applicator shall compensate the County for the actual costs of such

                            cleanup.

            22-7-2    The Applicator shall ensure that the drag-out or track-out of

                            biosolids from land application sites onto public roads is

                            minimized and that biosolids that are dragged or tracked out from

                            land application sites are promptly removed from public roads and

           22-8-2      The Biosolids Coordinator shall notify VDH of recommendations

                            of site-specific conditions to be imposed by VDH as special

                            conditions on permits issued by VDH for land application of

                            biosolids within the County.

            22-8-3    The Biosolids Coordinator shall be authorized to perform

                           monitoring and inspection of any land within the County proposed

                           for or which has been the subject of land application of biosolids or

                          sewage sludge and to test or cause to be tested any biosolids or

                          sewage sludge proposed to be or applied to land within the County.

                          The purpose of such monitoring, inspection and testing shall be to

                          ensure compliance with applicable laws and regulations.

            22-8-4   The Biosolids Coordinator shall notify VDH and the applicator of

                          applicators and the community.

            22-8-6   The Biosolids Coordinator shall file reimbursement applications

                          and supporting documentation with VDH seeking reimbursement

                          to the County of local monitoring costs for land application of

22-10.     Exceptions.

with all applicable federal, state and local regulations.

for this purpose pursuant to Va. Code Ann. § 62.1-44.15:7 and 12 VAC 5-585-10, et

                             shall be guilty of a Class 1 Misdemeanor and upon conviction

                             thereof may be punished as provided in Section 18.2-11, Code of

                             constitute a separate offense.

            22-13-2    The Biosolids Coordinator shall have the authority to order the

                             abatement of any violation of § § 32.1-164.5, 32.1-164.6 or 62.1-

                             44.19:3, Code of Virginia (1950), as amended, or of the violation

                            abatement order shall identify the activity constituting the

                            violation, specify the Code provision or regulation violated by the

                            activity and order that the activity cease immediately.

            22-13-2   The County may bring suit in the Circuit Court to restrain, enjoin,

This ordinance shall be effective upon its adoption by the Board of Supervisors.