UPDATE: DEQ proposes new sludge rules

RICHMOND — For the first time since the Department of Environmental Quality took over managing biosolids in 2008, the agency is proposing significant new rules that were approved for public comment Monday by the State Water Control Board.

The proposed regulations are the result of months of work by the agency and its advisers. Their crafting was marred by controversy after three citizen representatives to the technical advisory committee, including Rustburg’s Jo Overbey, quit in March because they felt their concerns and opinions were overshadowed by industry proponents and representatives, Overbey said.

Monday’s action by the water board, which oversees water quality rules, comes as biosolids applications that have drawn significant public reaction are under review in Campbell and Amherst counties.

In Campbell County, Nutri-Blend Inc. applied for a permit to spread the treated sewage sludge on more than 3,000 acres in the southern half of the county. A public hearing for that permit was authorized earlier this month and is expected to take place within the next two months.

In Amherst County, Synagro Central LLC wants to spread biosolids on about 130 acres of farmland in northern Amherst County, including near the Blue Ridge Railway Trail.

Biosolids is the name for solid remains from the wastewater treatment process. Once suspended solids, including human waste and paper, have been separated, it’s treated through different processes to kill 95 percent of pathogens. It’s then provided free to farmers as a slow-releasing fertilizer. The material is tested for a short list of specific chemicals, namely heavy metals that are easily detectable.

Regulatory oversight was transferred to DEQ in 2008 after criticism that the state health department was not administering the program properly. An expert panel formed by a General Assembly bill convened for 18 months and issued a report early this year, saying it found no evidence or literature linking the material’s use with illness.

Much of the proposed regulations address code inconsistencies. One provision would cause about 100 existing permits that VDH continued indefinitely before DEQ took over to expire on Dec. 31, 2012, said Neil Zahradka, biosolids program manager.

State Water Control Board Chairman Shelton Miles, of Campbell County, expressed concerns that proposed changes requiring signs five days before and after biosolids is spread might not go far enough.

“If it’s important that the general public not traverse those fields 30 days after an application, then probably it is important to put signage up,” for a longer period of time than just the five days after sludge is applied, he said.

“The way life works in rural Virginia, I have 300 acres that I manage that are scattered over five miles. If I were ever to receive biosolids and then come to Richmond for a day like this, in December, while hunting season is going on at home, I can’t even watch all of it.”

Some of the changes include:

Signage and notification

• Signs that biosolids have been used would be required five days after application. Signs would be required on all right-of-ways adjacent to the field, not just one entrance. Signs also would be erected five days before the application, up from the current 48 hours.

Citizen members of the technical advisory committee that resigned said they wanted signs to be placed for 30 days after biosolids were used.

• Localities and DEQ must be notified 14 days in advance of spreading.

• Adjacent landowners would be notified when new permits are filed or for any proposed permit modification.

Odor control

• Wastewater treatment facilities that produce biosolids would be required to develop odor control plans. Additionally, companies that apply biosolids would be required to control bad odors if problems occur at the application site.

Buffers

• Buffers up to 200 feet are standard, but neighbors can request additional space up to 400 feet without a doctor’s note. Any space larger than 400 feet would require a VDH panel physician’s approval.

• Setbacks for water supply reservoirs and waterways with supply designations were added.

Permit Modifications

• Permit modifications that add more than 50 percent to existing acreage totals would go through the public meeting process, similar to what’s required for a new permit.

• Acreage totals for each permit modification would be cumulative throughout the permit’s life.

Testing

• Wastewater plants that want permits for its biosolids to be used as fertilizer will be required to test for PCBs once during the permit process.

DEQ is not proposing that testing be done for additional chemicals. However, DEQ can request the material be tested for additional chemicals on a case-by-case basis.

Insurance

• Permit holders would be required to have insurance of at least $2 million. Currently, permit holders have insurance based on gross income, with the minimum amount set at $1.5 million.

Two water board members expressed concern that, as written, the proposed regulations could allow liability loopholes.

Proposed VDH regulations

Three proposed VDH regulations were not finalized before DEQ took over control of the program and the new proposed regulations incorporate those.

They include changes to field storage rules, allowing three different types:

• A new category called staging would allow biosolids to be stored for a short time. If the material is kept for longer than seven days, it must be spread as soon as field conditions allow. If it is kept for longer than 14 days, it must be covered.

On-site storage rules were added to allow storage for up to 45 days on an engineered surface that does not allow water to penetrate. The material must be removed by the 45th day. If bad odors persist for more than 48 hours, the material must be removed from the site. This type of storage would not require local zoning approval.

Rules for routine storage for longer than 45 days were changed to require an engineered surface and covers to prevent rain or snow from coming in contact with the material.