Administrative Code

Virginia Administrative Code
5/30/2024

Article 2. Biosolids Applied to the Land

9VAC25-31-505. Universal requirements for land application operations.

A. A nutrient management plan prepared by a person who is certified as a nutrient management planner by the Department of Conservation and Recreation shall be developed for all application sites prior to biosolids land application.

1. A nutrient management plan approved by the Department of Conservation and Recreation shall be required for application sites prior to department authorization under specific conditions, including but not limited to:

a. Sites operated by an owner or lessee of a confined animal feeding operation, as defined in subsection A of § 62.1-44.17:1 of the Code of Virginia, or confined poultry feeding operation, as defined in subsection A of § 62.1-44.17:1.1 of the Code of Virginia;

b. Sites where land application more frequently than once every three years at greater than 50% of the annual agronomic rate is proposed;

c. Mined or disturbed land sites where land application is proposed at greater than agronomic rates; and

d. Other sites based on site-specific conditions that increase the risk that land application may adversely impact state waters.

e. Where conditions at the land application site change so that it meets one or more of the specific conditions identified in this section, an approved nutrient management plan shall be submitted prior to any future land application at the site.

2. The nutrient management plan shall be available for review by the department at the land application site during biosolids land application.

3. Within 30 days after land application at the site has commenced, the permit holder shall provide a copy of the nutrient management plan to the farm operator of the site, the Department of Conservation and Recreation, and the chief executive officer or designee for the local government unless they request in writing not to receive the nutrient management plan.

4. The nutrient management plan must be approved by the Department of Conservation and Recreation prior to land application for land application sites where the soil test phosphorus levels exceed the values in Table 1 of this section. For purposes of approval, permittees should submit the nutrient management plan to the Department of Conservation and Recreation at least 30 days prior to the anticipated date of land application to ensure adequate time for the approval process.

TABLE 1

SOIL PHOSPHORUS LEVELS REQUIRING NMP APPROVAL

Region

Soil Test P (ppm)

VPI & SU Test (Mehlich I)*

Eastern Shore and Lower Coastal Plain

135

Middle and Upper Coastal Plain and Piedmont

136

Ridge and Valley

162

*If results are from another laboratory, the Department of Conservation and Recreation approved conversion factors must be used.

B. Sewage sludge shall be treated to meet standards for land application of biosolids as required by Part VI (9VAC25-31-420 et seq.) of this chapter prior to delivery at the land application site. No person shall alter the composition of biosolids at a site approved for land application of biosolids under a VPDES permit. Any person who engages in the alteration of such biosolids shall be subject to the penalties provided in Article 6 (§ 62.1-44.31 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. The addition of lime or deodorants to biosolids that have been treated to meet standards for land application as required by Part VI (9VAC25-31-420 et seq.) of this chapter, shall not constitute alteration of the composition of biosolids. The department may authorize public institutions of higher education to conduct scientific research on the composition of biosolids that may be applied to land.

C. Bulk biosolids meeting Class B pathogen reduction standards shall be land applied in accordance with the Virginia Pollution Abatement Permit Regulation, Article 3, Biosolids Use Standards and Practices, set forth in 9VAC25-32-490 through 9VAC25-32-580.

D. Surface incorporation may be required on cropland by the department, or the local monitor with approval of the department, to mitigate malodors, when incorporation is practicable and compatible with a soil conservation plan or contract meeting the standards and specifications of the U.S. Department of Agriculture Natural Resources Conservation Service.

E. For applications where surface applied biosolids are not incorporated, the department (or the local monitor with approval of the department) may require as a site-specific permit condition, extended setback distances when necessary to protect odor sensitive receptors.

F. No person shall apply to the Department of Environmental Quality for a permit, a variance, or a permit modification authorizing storage of sewage sludge or biosolids without first complying with all requirements adopted pursuant to § 62.1-44.19:3 R of the Code of Virginia.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013; Volume 39, Issue 4, eff. November 9, 2022.

9VAC25-31-510. Applicability; bulk biosolids; biosolids sold or given away in a bag or other container for application to the land.

A. This article applies to any person who prepares biosolids that is applied to the land, to any person who applies biosolids to the land, to biosolids applied to the land, and to the land on which biosolids is applied.

B. General requirements for bulk biosolids.

1. The general requirements in 9VAC25-31-530 and the management practices in 9VAC25-31-550 B through F do not apply when bulk biosolids is applied to the land if the bulk biosolids meets the ceiling concentrations in 9VAC25-31-540 B 1, the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8.

2. The department may apply any or all of the general requirements in 9VAC25-31-530 and the management practices in 9VAC25-31-550 to the bulk biosolids in subdivision 1 of this subsection on a case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the bulk biosolids.

C. General requirements for bulk material derived from biosolids.

1. The general requirements in 9VAC25-31-530 and the management practices in 9VAC25-31-550 B through F do not apply when a bulk material derived from biosolids is applied to the land if the derived bulk material meets the ceiling concentrations in 9VAC25-31-540 B 1, the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8.

2. The department may apply any or all of the general requirements in 9VAC25-31-530 or the management practices in 9VAC25-31-550 to the bulk material in subdivision 1 of this subsection on a case-by-case basis after determining that the general requirements or management practices are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the bulk biosolids.

D. The requirements in this article do not apply when a bulk material derived from biosolids is applied to the land if the biosolids from which the bulk material is derived meets the ceiling concentrations in 9VAC25-31-540 B 1, the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8.

E. The general requirements in 9VAC25-31-530 and the management practices in 9VAC25-31-550 B through F do not apply when biosolids is sold or given away in a bag or other container for application to the land if the biosolids sold or given away in a bag or other container for application to the land meets the ceiling concentrations in 9VAC25-31-540 B 1, the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8.

F. The general requirements in 9VAC25-31-530 and the management practices in 9VAC25-31-550 B through F do not apply when a material derived from biosolids is sold or given away in a bag or other container for application to the land if the derived material meets the ceiling concentrations in 9VAC25-31-540 B 1, the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8.

G. The requirements in this article do not apply when a material derived from biosolids is sold or given away in a bag or other container for application to the land if the biosolids from which the material is derived meets the ceiling concentrations in 9VAC25-31-540 B 1, the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 16, Issue 25, eff. September 27, 2000; Volume 29, Issue 24, eff. September 1, 2013; Volume 39, Issue 4, eff. November 9, 2022.

9VAC25-31-520. [Reserved]. (Reserved)

9VAC25-31-530. General requirements.

A. No person shall apply biosolids to the land except in accordance with the requirements in this article.

B. No person shall apply bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been reached.

C. No person shall apply domestic septage to agricultural land, forest, or a reclamation site during a 365-day period if the annual application rate in 9VAC25-31-540 C has been reached during that period.

D. The person who prepares bulk biosolids that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk biosolids written notification of the concentration of total nitrogen (as N on a dry weight basis) in the bulk biosolids.

E. Application of biosolids to the land.

1. The person who applies biosolids to the land shall obtain information needed to comply with the requirements in this subpart.

2. Before bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 is applied to the land;

a. The person who proposes to apply the bulk biosolids shall contact the department to determine whether bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been applied to the site since July 20, 1993.

b. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has not been applied to the site since July 20, 1993, the cumulative amount for each pollutant listed in Table 2 of 9VAC25-31-540 may be applied to the site in accordance with 9VAC25-31-540 A 2 a.

c. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is known, the cumulative amount of each pollutant applied to the site shall be used to determine the additional amount of each pollutant that can be applied to the site in accordance with 9VAC25-31-540 A 2 a.

d. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is not known, an additional amount of each pollutant shall not be applied to the site in accordance with 9VAC25-31-540 A 2 a.

F. When a person who prepares bulk biosolids provides the bulk biosolids to a person who applies the bulk biosolids to the land, the person who prepares the bulk biosolids shall provide the person who applies the biosolids notice and necessary information to comply with the requirements in this article.

G. When a person who prepares biosolids provides the biosolids to another person who prepares the biosolids, the person who provides the biosolids shall provide the person who receives the biosolids notice and necessary information to comply with the requirements in this article.

H. The person who applies bulk biosolids to the land shall provide the owner or lease holder of the land on which the bulk biosolids is applied notice and necessary information to comply with the requirements in this article.

I. Any person who prepares bulk biosolids in another state that is applied to land in Virginia shall provide written notice to the department prior to the initial application of bulk biosolids to the land application site by the applier. The notice shall include:

1. The location, by either street address or latitude and longitude, of each land application site;

2. The approximate time period bulk biosolids will be applied to the site;

3. The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) for the person who prepares the bulk biosolids; and

4. The name, address, telephone number, and National (or Virginia) Pollutant Discharge Elimination System permit number (if appropriate) for the person who will apply the bulk biosolids.

J. Any person who applies bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 to the land shall provide written notice, prior to the initial application of bulk biosolids to a land application site by the applier, to the department and the department shall retain and provide access to the notice. The notice shall include:

1. The location, by either street address or latitude and longitude, of the land application site; and

2. The name, address, telephone number, and Virginia Pollutant Discharge Elimination System permit number (if appropriate) of the person who will apply the bulk biosolids.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-31-540. Pollutant limits.

A. Biosolids.

1. Bulk biosolids or biosolids sold or given away in a bag or other container shall not be applied to the land if the concentration of any pollutant in the biosolids exceeds the ceiling concentration for the pollutant in Table 1 of this section.

2. If bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site, either:

a. The cumulative loading rate for each pollutant shall not exceed the cumulative pollutant loading rate for the pollutant in Table 2 of this section; or

b. The concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 3 of this section.

3. If bulk biosolids is applied to a lawn or a home garden, the concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 3 of this section.

4. If biosolids is sold or given away in a bag or other container for application to the land, either:

a. The concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 3 of this section; or

b. The product of the concentration of each pollutant in the biosolids and the annual whole sludge application rate for the biosolids shall not cause the annual pollutant loading rate for the pollutant in Table 4 of this section to be exceeded. The procedure used to determine the annual whole sludge application rate is presented in subsection D of this section.

B. Pollutant concentrations and loading rates - biosolids.

TABLE 1
CEILING CONCENTRATIONS

Pollutant

Ceiling Concentration
(milligrams per kilogram)*

Arsenic

75

Cadmium

85

Copper

4,300

Lead

840

Mercury

57

Molybdenum

75

Nickel

420

Selenium

100

Zinc

7,500

*Dry weight basis

TABLE 2
CUMULATIVE POLLUTANT LOADING RATES(1)

Pollutant

Cumulative Pollutant Loading Rate

(kilograms per hectare)

(pounds per acre)

Arsenic(2)

41

36

Cadmium

39

35

Copper

1,500

1,340

Lead

300

270

Mercury

17

16

Molybdenum(2)

Nickel

420

375

Selenium

100

89

Zinc

2,800

2,500

Notes:

(1)Such total applications to be made on soils with the biosolids/soil mixture pH adjusted to 6.0 or greater if the biosolids cadmium content is greater than or equal to 21 mg/kg.

The maximum cumulative application rate is limited for all ranges of cation exchange capacity due to soil background pH in Virginia of less than 6.5 and lack of regulatory controls of soil pH adjustment after biosolids application ceases.

(2)The maximum cumulative application rate is currently under study by the USEPA. Research suggests that for Molybdenum a cumulative pollutant loading rate below 40 kg/hectare may be appropriate to reduce the risk of copper deficiency in grazing animals.

TABLE 3
POLLUTANT CONCENTRATIONS

Pollutant

Monthly Average Concentration
(milligrams per kilogram)*

Arsenic

41

Cadmium

39

Copper

1,500

Lead

300

Mercury

17

Molybdenum(1)

Nickel

420

Selenium

100

Zinc

2,800

*Dry weight basis

Note:

(1)The monthly average concentration is currently under study by the USEPA. Research suggests that a monthly average Molybdenum concentration below 40 mg/kg may be appropriate to reduce the risk of copper deficiency in grazing animals.

TABLE 4
ANNUAL POLLUTANT LOADING RATES

Pollutant

Annual Pollutant Loading Rate(1)

(per 365-day period)


(kilograms per hectare)

(pounds per acre)

Arsenic

2.0

1.8

Cadmium

1.9

1.7

Copper

75

67

Lead

15

13

Mercury

0.85

0.76

Molybdenum(2)

Nickel

21

19

Selenium

5.0

4.6

Zinc

140

125

Notes:

(1)Such total applications to be made on soils with the biosolids/soils mixture pH adjusted to 6.0 or greater if the biosolids cadmium content is greater than or equal to 21 mg/kg.

The maximum cumulative application rate is limited for all ranges of cation exchange capacity due to soil pH in Virginia of less than 6.5 and lack of regulatory controls of soil pH adjustment after biosolids application ceases.

(2)The maximum cumulative application rate is currently under study by the USEPA.

C. Domestic septage. The annual application rate for domestic septage applied to agricultural land, forest, or a reclamation site shall not exceed the annual application rate calculated using equation (1).

EQUATION (1)

AAR = N/0.0026

AAR = Annual application rate in gallons per acre per 365-day period.

N = Amount of nitrogen in pounds per acre per 365-day period needed by the crop or vegetation grown on the land.

D. Procedures to determine the annual whole sludge application rate for biosolids. 9VAC25-31-540 A 4 b requires that the product of the concentration for each pollutant listed in Table 4 of this section in biosolids sold or given away in a bag or other container for application to the land and the AWSAR for the biosolids not cause the annual pollutant loading rate for the pollutant in Table 4 to be exceeded. This section contains the procedure used to determine the AWSAR for a biosolids that does not cause the annual pollutant loading rates in Table 4 of this section to be exceeded.

1. The relationship between the APLR for a pollutant and the AWSAR for a biosolids is shown in equation (2).

EQUATION (2)

APLR = C x AWSAR x 0.001

APLR = Annual pollutant loading rate in kilograms per hectare per 365-day period

C = Pollutant concentration in milligrams per kilogram of total solids (dry weight basis)

AWSAR = Annual whole sludge application rate in metric tons per hectare per 365-day period (dry weight basis)

0.001 = A conversion factor

2. To determine the AWSAR, equation (2) is rearranged into equation (3):

EQUATION (3)

AWSAR = APLR/(C x 0.001)

AWSAR = Annual whole sludge application rate in metric tons per hectare per 365-day period (dry weight basis)

APLR = Annual pollutant loading rate in kilograms per hectare per 365-day period

C = Pollutant concentration in milligrams per kilogram of total solids (dry weight basis)

0.001 = A conversion factor

3. The procedure used to determine the AWSAR for a biosolids is presented below.

a. Analyze a sample of the biosolids to determine the concentration for each of the pollutants listed in Table 4 of this section in the biosolids.

b. Using the pollutant concentrations from Step 1 and the APLRs from Table 4 of this section, calculate an AWSAR for each pollutant using equation (3) above.

c. The AWSAR for the biosolids is the lowest AWSAR calculated in Step 2.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-31-543. Soils monitoring.

A. Soil shall be sampled and analyzed prior to biosolids application to determine site suitability and to provide background data. No sample analysis used to determine application rates shall be more than three years old at the time of biosolids land application. Soil shall be sampled and analyzed in accordance with Table 1 of this section. Reduced monitoring may also apply to one-time biosolids applications to forest or reclaimed lands. For background analysis, random composite soil samples from the zone of incorporation are required for infrequent applications and frequent applications at less than agronomic rates (total less than 15 dry tons per acre).

TABLE 1
SOIL TEST PARAMETERS FOR LAND APPLICATION SITES1

Parameter

Soil pH (Std. Units)

Available phosphorus (ppm)2

Extractable potassium (ppm)

Extractable sodium (mg/100g)3

Extractable calcium (mg/100g)

Extractable magnesium (mg/100g)

Zinc (ppm)

Manganese (ppm)

1Note: Unless otherwise stated, analyses shall be reported on a dry weight basis.

2Available P shall be analyzed using one of the following methods: Mehlich I or Mehlich III.

3Extractable sodium shall be analyzed only where biosolids known to be high in sodium will be land applied.

B. The department reserves the right to require the permit holder to conduct additional soil monitoring including, but not limited to, additional parameters, based on site-specific history or conditions.

C. Samples shall be collected in accordance with § 10.1-104.2 of the Code of Virginia.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-31-547. Groundwater monitoring.

A. Monitoring wells may be required by the department for land treatment sites, sludge lagoons, biosolids land application sites, or biosolids storage facilities to monitor groundwater quality.

B. If groundwater monitoring is required, a groundwater monitoring plan shall be submitted to the department for approval that includes at a minimum:

1. Geologic and hydrologic conditions at the site;

2. Monitoring well design, placement, and construction;

3. Sampling frequency;

4. Sampling procedures, including quality assurance and quality control; and

5. Collection of background samples.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-31-550. Management practices.

A. All biosolids land application activities shall comply with the operational requirements of Part IX (9VAC25-32-303 et seq.) of 9VAC25-32 (Biosolids Program of the VPA Permit Regulation).

B. Bulk biosolids shall not be applied to the land if it is likely to adversely affect a threatened or endangered species listed in 9VAC25-260-320 or § 4 of the Endangered Species Act (16 USC § 1533) or if the land application is likely to adversely affect its designated critical habitat.

C. Bulk biosolids shall not be applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded, frozen, or snow-covered so that the bulk biosolids enters a wetland or other surface waters except as provided in a VPDES permit or a permit issued pursuant to § 404 of the CWA.

D. Bulk biosolids shall not be applied to agricultural land, forest, or a reclamation site that is 10 meters or less from surface waters, unless otherwise specified by the department.

E. Bulk biosolids shall be applied to agricultural land, forest, a public contact site, or a reclamation site at a whole sludge application rate that is equal to or less than the agronomic rate for the bulk biosolids, unless, in the case of a reclamation site, otherwise specified by the department.

F. Either a label shall be affixed to the bag or other container in which biosolids that is sold or given away for application to the land, or an information sheet shall be provided to the person who receives biosolids sold or given away in a bag or other container for application to the land. The label or information sheet shall contain the following information:

1. The name and address of the person who prepared the biosolids that is sold or given away in a bag or other container for application to the land;

2. A statement that application of the biosolids to the land is prohibited except in accordance with the instructions on the label or information sheet; and

3. The annual whole sludge application rate for the biosolids that does not cause any of the annual pollutant loading rates in Table 4 of 9VAC25-31-540 to be exceeded.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013; Volume 39, Issue 4, eff. November 9, 2022.

9VAC25-31-560. Operational standards, pathogens, and vector attraction reduction.

A. Pathogens - biosolids.

1. The Class A pathogen requirements in 9VAC25-31-710 A or the Class B pathogen requirements and site restrictions in 9VAC25-31-720 B shall be met when bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site.

2. The Class A pathogen requirements in 9VAC25-31-710 A shall be met when bulk biosolids is applied to a lawn or a home garden.

3. The Class A pathogen requirements in 9VAC25-31-710 A shall be met when biosolids is sold or given away in a bag or other container for application to the land.

B. Pathogens - domestic septage. The requirements in 9VAC25-31-710 C shall be met when domestic septage is applied to agricultural land, forest, or a reclamation site.

C. Vector attraction reduction - biosolids.

1. One of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 10 shall be met when bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site.

2. One of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 shall be met when bulk biosolids is applied to a lawn or a home garden.

3. One of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 shall be met when biosolids is sold or given away in a bag or other container for application to the land.

D. Vector attraction reduction - domestic septage. The vector attraction reduction requirements in 9VAC25-31-720 B 9, B 10, or B 12 shall be met when domestic septage is applied to agricultural land, forest, or a reclamation site.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-31-570. Frequency of monitoring.

A. Biosolids.

1. The frequency of monitoring for the pollutants listed in Tables 1 through 4 of 9VAC25-31-540; the pathogen density requirements in 9VAC25-31-710 A and B 2 through B 4; and the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 4, B 7 and B 8 shall be the frequency in Table 1 of this section.

TABLE 1
FREQUENCY OF MONITORING--LAND APPLICATION

Amount of biosolids*

(metric tons per 365-day period)

Frequency

Greater than zero but less than 290

once per year

Equal to or greater than 290 but less than 1,500

once per quarter (four times a year)

Equal to or greater than 1,500 but less than 15,000

once per 60 days (six times per year)

Equal to or greater than 15,000

once per month (12 times per year)

*Either the amount of bulk biosolids applied to the land or the amount of biosolids prepared for sale or give-away in a bag or other container for application to the land (dry weight basis).

2. After the biosolids has been monitored for two years at the frequency in Table 1 of this section, the department may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements in 9VAC25-31-710 A 5 b and c.

B. Domestic septage. If either the pathogen requirements in 9VAC25-31-710 C 2 or the vector attraction reduction requirements in 9VAC25-31-720 B 12 are met when domestic septage is applied to agricultural land, forest, or a reclamation site, each container of domestic septage applied to the land shall be monitored for compliance with those requirements.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 16, Issue 25, eff. September 27, 2000; Volume 29, Issue 24, eff. September 1, 2013; Volume 39, Issue 4, eff. November 9, 2022.

9VAC25-31-580. Recordkeeping.

A. Biosolids.

1. The person who prepares the biosolids in 9VAC25-31-510 B 1 or E shall develop the following information and shall retain the information for five years:

a. The concentration of each pollutant listed in Table 3 of 9VAC25-31-540 in the biosolids;

b. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in 9VAC25-31-710 A and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

c. A description of how the Class A pathogen requirements in 9VAC25-31-710 A are met; and

d. A description of how one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 is met.

2. The person who derives the material in 9VAC25-31-510 C 1 or in 9VAC25-31-510 F shall develop the following information and shall retain the information for five years:

a. The concentration of each pollutant listed in Table 3 of 9VAC25-31-540 in the material;

b. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in 9VAC25-31-710 A and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

c. A description of how the Class A pathogen requirements in 9VAC25-31-710 A are met; and

d. A description of how one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 is met.

3. If the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and the vector attraction reduction requirements in either 9VAC25-31-720 B 9 or B 10 are met when bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site:

a. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

(1) The concentration of each pollutant listed in Table 3 of 9VAC25-31-540 in the bulk biosolids;

(2) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in 9VAC25-31-710 A was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."; and

(3) A description of how the pathogen requirements in 9VAC25-31-710 A are met.

b. The person who applies the bulk biosolids shall develop the following information and shall retain the information for five years:

(1) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in 9VAC25-31-550 and the vector attraction reduction requirement in (insert either 9VAC25-31-720 B 9 or B 10) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment.";

(2) A description of how the management practices in 9VAC25-31-550 are met for each site on which bulk biosolids is applied; and

(3) A description of how the vector attraction reduction requirements in either 9VAC25-31-720 B 9 or B 10 are met for each site on which bulk biosolids is applied.

4. If the pollutant concentrations in 9VAC25-31-540 B 3 and the Class B pathogen requirements in 9VAC25-31-710 B are met when bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site:

a. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

(1) The concentration of each pollutant listed in Table 3 of 9VAC25-31-540 in the bulk biosolids;

(2) The following certification statement:

"I certify under, penalty of law, that the information that will be used to determine compliance with the Class B pathogen requirements in 9VAC25-31-710 B and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8, if one of those requirements is met) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

(3) A description of how the Class B pathogen requirements in 9VAC25-31-710 B are met; and

(4) When one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 is met, a description of how the vector attraction reduction requirement is met.

b. The person who applies the bulk biosolids shall develop the following information and shall retain the information for five years:

(1) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in 9VAC25-31-550, the site restrictions in 9VAC25-31-710 B 5, and the vector attraction reduction requirements in (insert either 9VAC25-31-720 B 9 or B 10, if one of those requirements is met) was prepared for each site on which bulk biosolids is applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

(2) A description of how the management practices in 9VAC25-31-550 are met for each site on which bulk biosolids is applied;

(3) A description of how the site restrictions in 9VAC25-31-710 B 5 are met for each site on which bulk biosolids is applied;

(4) When the vector attraction reduction requirement in either 9VAC25-31-720 B 9 or B 10 is met, a description of how the vector attraction reduction requirement is met; and

(5) The date bulk biosolids is applied to each site.

5. If the requirements in 9VAC25-31-540 A 2 a are met when bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site:

a. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

(1) The concentration of each pollutant listed in Table 1 of 9VAC25-31-540 in the bulk biosolids;

(2) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in (insert either 9VAC25-31-710 A or B and the vector attraction reduction requirement in insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8, if one of those requirements is met) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

(3) A description of how the pathogen requirements in either 9VAC25-31-710 A or B are met; and

(4) When one of the vector attraction requirements in 9VAC25-31-720 B 1 through B 8 is met, a description of how the vector attraction requirement is met.

b. The person who applies the bulk biosolids shall develop the following information, retain the information in 9VAC25-31-580 A 5 b (1) through b (7) indefinitely, and retain the information in 9VAC25-31-580 A 5 b (8) through b (13) for five years:

(1) The location, by either street address or latitude and longitude, of each site on which bulk biosolids is applied;

(2) The number of hectares in each site on which bulk biosolids is applied;

(3) The date bulk biosolids is applied to each site;

(4) The cumulative amount of each pollutant (i.e., kilograms) listed in Table 2 of 9VAC25-31-540 in the bulk biosolids applied to each site, including the amount in 9VAC25-31-530 E 2 c;

(5) The amount of biosolids (i.e., metric tons) applied to each site;

(6) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the requirements to obtain information in 9VAC25-31-530 E 2 was prepared for each site on which bulk biosolids is applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment.";

(7) A description of how the requirements to obtain information in 9VAC25-31-530 E 2 are met;

(8) The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in 9VAC25-31-550 was prepared for each site on which bulk biosolids is applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment.";

(9) A description of how the management practices in 9VAC25-31-550 are met for each site on which bulk biosolids is applied;

(10) The following certification statement when the bulk biosolids meets the Class B pathogen requirements in 9VAC25-31-710 B:

"I certify, under penalty of law, that the information that will be used to determine compliance with the site restrictions in 9VAC25-31-710 B 5 was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment.";

(11) A description of how the site restrictions in 9VAC25-31-710 B 5 are met for each site on which Class B bulk biosolids is applied;

(12) The following certification statement when the vector attraction reduction requirement in either 9VAC25-31-720 B 9 or B 10 is met:

"I certify, under penalty of law, that the information that will be used to determine compliance with the vector attraction reduction requirement in (insert either 9VAC25-31-720 B 9 or B 10) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."; and

(13) If the vector attraction reduction requirements in either 9VAC25-31-720 B 9 or B 10 are met, a description of how the requirements are met.

6. If the requirements in 9VAC25-31-540 A 4 b are met when biosolids is sold or given away in a bag or other container for application to the land, the person who prepares the biosolids that is sold or given away in a bag or other container shall develop the following information and shall retain the information for five years:

a. The annual whole sludge application rate for the biosolids that does not cause the annual pollutant loading rates in Table 4 of 9VAC25-31-540 to be exceeded;

b. The concentration of each pollutant listed in Table 4 of 9VAC25-31-540 in the biosolids;

c. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practice in 9VAC25-31-550 E, the Class A pathogen requirement in 9VAC25-31-710 A, and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

d. A description of how the Class A pathogen requirements in 9VAC25-31-710 A are met; and

e. A description of how one of the vector attraction requirements in 9VAC25-31-720 B 1 through B 8 is met.

B. Domestic septage. When domestic septage is applied to agricultural land, forest, or a reclamation site, the person who applies the domestic septage shall develop the following information and shall retain the information for five years:

1. The location, by either street address or latitude and longitude, of each site on which domestic septage is applied;

2. The number of acres in each site on which domestic septage is applied;

3. The date domestic septage is applied to each site;

4. The nitrogen and phosphorus requirement for the crop or vegetation grown on each site during a 365-day period;

5. The rate, in gallons per acre per 365-day period, at which domestic septage is applied to each site;

6. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in (insert either 9VAC25-31-710 C 1 or 2) and the vector attraction reduction requirements in (insert 9VAC25-31-720 B 9, 10, or 12) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

7. A description of how the pathogen requirements in either 9VAC25-31-710 C 1 or 2 are met; and

8. A description of how the vector attraction reduction requirements in 9VAC25-31-720 B 9, 10, or 12 are met.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 16, Issue 25, eff. September 27, 2000; Volume 29, Issue 24, eff. September 1, 2013.

9VAC25-31-590. Reporting.

A. Class I sludge management facilities, POTWs with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve 10,000 people or more shall submit the following information to the department:

1. The information in 9VAC25-31-580 A, except the information in 9VAC25-31-580 A 3 b, 4 b and 5 b, for the appropriate requirements on February 19 of each year for the previous calendar year's activity; and

2. The information in 9VAC25-31-580 A 5 b (1) through (7) on February 19 of each year for the previous calendar year's activity when 90% or more of any of the cumulative pollutant loading rates in Table 2 of 9VAC25-31-540 is reached at a land application site.

B. An activity report shall be submitted (electronically or postmarked) to the department by the 15th of each month for land application activity that occurred in the previous calendar month, unless another date is specified in the permit in accordance with 9VAC25-32-80 I 4. The report shall indicate those sites where land application activities took place during the previous month. If no land application occurs under a permit during the calendar month, a report shall be submitted stating that no land application occurred.

C. Records shall be maintained documenting the required treatment and quality characteristics and the maximum allowable land application loading rates established for biosolids use. In addition, operational monitoring results shall verify that required sludge treatment has achieved the specified levels of pathogen control and vector attraction reductions (9VAC25-31-710 and 9VAC25-31-720). Adequate records of biosolids composition, treatment classification, and biosolids application rates and methods of application for each site shall be maintained by the generator and owner.

D. The generator and owner shall maintain the records for a minimum period of five years. Sites receiving frequent applications of biosolids that meet or exceed maximum cumulative constituent loadings and dedicated disposal sites should be properly referenced for future land transactions (Sludge Disposal Site Dedication Form).

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 16, Issue 25, eff. September 27, 2000; Volume 29, Issue 24, eff. September 1, 2013.

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