Virginia Law

Article 3. Surface Disposal

9VAC25-31-600. Applicability.

Article 3
Surface Disposal

A. This article applies to any person who prepares sewage sludge that is placed on a surface disposal site, to the owner/operator of a surface disposal site, to sewage sludge placed on a surface disposal site, and to a surface disposal site.

B. This article does not apply to sewage sludge stored on the land or to the land on which sewage sludge is stored. It also does not apply to sewage sludge that remains on the land for longer than two years when the person who prepares the sewage sludge demonstrates that the land on which the sewage sludge remains is not an active sewage sludge unit. The demonstration shall include the following information, which shall be retained by the person who prepares the sewage sludge for the period that the sewage sludge remains on the land:

1. The name and address of the person who prepares the sewage sludge;

2. The name and address of the person who either owns the land or leases the land;

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

4. An explanation of why sewage sludge needs to remain on the land for longer than two years prior to final use or disposal; and

5. The approximate time period when the sewage sludge will be used or disposed.

C. This article does not apply to sewage sludge treated on the land or to the land on which sewage sludge is treated.

Statutory Authority

§§ 62.1-44.15, 62.1-44.16, 62.1-44.17, 62.1-44.18, and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996.

9VAC25-31-610. [Reserved]. (Reserved)

9VAC25-31-620. General requirements.

A. No person shall place sewage sludge on an active sewage sludge unit unless the requirements in this article are met.

B. An active sewage sludge unit located within 60 meters of a fault that has displacement in Holocene time; located in an unstable area; or located in a wetland, except as provided in a permit issued pursuant to the law and § 402 or 404 of the CWA, shall close by March 22, 1994, unless, in the case of an active sewage sludge unit located within 60 meters of a fault that has displacement in Holocene time, otherwise specified by the department.

C. The owner/operator of an active sewage sludge unit shall submit a written closure and post closure plan to the department 180 days prior to the date that the active sewage sludge unit closes. The plan shall describe how the sewage sludge unit will be closed and, at a minimum, shall include:

1. A discussion of how the leachate collection system will be operated and maintained for three years after the sewage sludge unit closes if the sewage sludge unit has a liner and leachate collection system;

2. A description of the system used to monitor for methane gas in the air in any structures within the surface disposal site and in the air at the property line of the surface disposal site, as required in 9VAC25-31-640 J 2; and

3. A discussion of how public access to the surface disposal site will be restricted for three years after the last sewage sludge unit in the surface disposal site closes.

D. The owner of a surface disposal site shall provide written notification to the subsequent owner of the site that sewage sludge was placed on the land.

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 39, Issue 4, eff. November 9, 2022.

9VAC25-31-630. Pollutant limits (other than domestic septage).

A. Active sewage sludge unit without a liner and leachate collection system.

1. Except as provided in subdivision A 2 and subsection B of this section, the concentration of each pollutant listed in Table 1 of this section in sewage sludge placed on an active sewage sludge unit shall not exceed the concentration for the pollutant in Table 1 of this section.

2. Except as provided in subsection B of this section, the concentration of each pollutant listed in Table 1 of this section in sewage sludge placed on an active sewage sludge unit whose boundary is less than 150 meters from the property line of the surface disposal site shall not exceed the concentration determined using the following procedure.

a. The actual distance from the active sewage sludge unit boundary to the property line of the surface disposal site shall be determined.

b. The concentration of each pollutant listed in Table 2 of this section in the sewage sludge shall not exceed the concentration in Table 2 of this section that corresponds to the actual distance in subdivision 2 a of this subsection.

B. Active sewage sludge unit without a liner and leachate collection system - site-specific limits.

1. At the time of permit application, the owner/operator of a surface disposal site may request site-specific pollutant limits in accordance with subdivision B 2 of this section for an active sewage sludge unit without a liner and leachate collection system when the existing values for site parameters specified by the department are different from the values for those parameters used to develop the pollutant limits in Table 1 of this section and when the department determines that site-specific pollutant limits are appropriate for the active sewage sludge unit.

2. The concentration of each pollutant listed in Table 1 of this section in sewage sludge placed on an active sewage sludge unit without a liner and leachate collection system shall not exceed either the concentration for the pollutant determined during a site-specific assessment, as specified by the department, or the existing concentration of the pollutant in the sewage sludge, whichever is lower.

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 39, Issue 4, eff. November 9, 2022.

9VAC25-31-640. Management practices.

A. Sewage sludge shall not be placed on an active sewage sludge unit 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 et seq.) or its designated critical habitat.

B. An active sewage sludge unit shall not restrict the flow of a base flood.

C. When a surface disposal site is located in a seismic impact zone, an active sewage sludge unit shall be designed to withstand the maximum recorded horizontal ground level acceleration.

D. An active sewage sludge unit shall be located 60 meters or more from a fault that has displacement in Holocene time, unless otherwise specified by the department.

E. An active sewage sludge unit shall not be located in an unstable area.

F. An active sewage sludge unit shall not be located in a wetland, except as provided in a permit issued by the department.

G. 1. Run-off from an active sewage sludge unit shall be collected and shall be disposed in accordance with this chapter and any other applicable requirements.

2. The run-off collection system for an active sewage sludge unit shall have the capacity to handle run-off from a 24-hour, 25-year storm event.

H. The leachate collection system for an active sewage sludge unit that has a liner and leachate collection system shall be operated and maintained during the period the sewage sludge unit is active and for three years after the sewage sludge unit closes.

I. Leachate from an active sewage sludge unit that has a liner and leachate collection system shall be collected and shall be disposed in accordance with the applicable requirements during the period the sewage sludge unit is active and for three years after the sewage sludge unit closes.

J. When a cover is placed on an active sewage sludge unit, the concentration of methane gas in air in any structure within the surface disposal site shall not exceed 25% of the lower explosive limit for methane gas during the period that the sewage sludge unit is active and the concentration of methane gas in air at the property line of the surface disposal site shall not exceed the lower explosive limit for methane gas during the period that the sewage sludge unit is active.

When a final cover is placed on a sewage sludge unit at closure, the concentration of methane gas in air in any structure within the surface disposal site shall not exceed 25% of the lower explosive limit for methane gas for three years after the sewage sludge unit closes and the concentration of methane gas in air at the property line of the surface disposal site shall not exceed the lower explosive limit for methane gas for three years after the sewage sludge unit closes, unless otherwise specified by the department.

K. A food crop, a feed crop, or a fiber crop shall not be grown on an active sewage sludge unit unless the owner/operator of the surface disposal site demonstrates to the department that through management practices, public health and the environment are protected from any reasonably anticipated adverse effects of pollutants in sewage sludge when crops are grown.

L. Animals shall not be grazed on an active sewage sludge unit unless the owner/operator of the surface disposal site demonstrates to the department that through management practices, public health and the environment are protected from any reasonably anticipated adverse effects of pollutants in sewage sludge when animals are grazed.

M. Public access to a surface disposal site shall be restricted for the period that the surface disposal site contains an active sewage sludge unit and for three years after the last active sewage sludge unit in the surface disposal site closes.

N. Sewage sludge placed on an active sewage sludge unit shall not contaminate an aquifer. Results of a groundwater monitoring program developed by a qualified groundwater scientist or a certification by a qualified groundwater scientist shall be used to demonstrate that sewage sludge placed on an active sewage sludge unit does not contaminate an aquifer.

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 39, Issue 4, eff. November 9, 2022.

9VAC25-31-650. Operational standards - pathogens and vector attraction reduction.

A. Pathogens-sewage sludge (other than domestic septage). The Class A pathogens requirements in 9VAC25-31-710 A or one of the Class B pathogen requirements in 9VAC25-31-710 B 2 through B 4 shall be met when sewage sludge is placed on an active sewage sludge unit, unless the vector attraction reduction requirement in 9VAC25-31-720 B 11 is met.

B. Vector attraction reduction - sewage sludge (other than domestic septage). One of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 11 shall be met when sewage sludge is placed on an active sewage sludge unit.

C. Vector attraction reduction - domestic septage. One of the vector attraction reduction requirement in 9VAC25-31-720 B 9 through B 12 shall be met when domestic septage is placed on an active sewage sludge unit.

Statutory Authority

§§ 62.1-44.15, 62.1-44.16, 62.1-44.17, 62.1-44.18, and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996.

9VAC25-31-660. Frequency of monitoring.

A. Sewage sludge (other than domestic septage).

1. The frequency of monitoring for the pollutants in Tables 1 and 2 of 9VAC25-31-630; the pathogen density requirements in 9VAC25-31-710 A and in 9VAC25-31-710 B 2; and the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 4, B 7 and B 8 for sewage sludge placed on an active sewage sludge unit shall be the frequency in Table 1 of this section.

2. After the sewage sludge 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 the vector attraction reduction requirements in 9VAC25-31-720 B 12 are met when domestic septage is placed on an active sewage sludge unit, each container of domestic septage shall be monitored for compliance with those requirements.

C. Air. Air in structures within a surface disposal site and at the property line of the surface disposal site shall be monitored continuously for methane gas during the period that the surface disposal site contains an active sewage sludge unit on which the sewage sludge is covered and for three years after a sewage sludge unit closes when a final cover is placed on the sewage sludge.

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 39, Issue 4, eff. November 9, 2022.

9VAC25-31-670. Recordkeeping.

A. When sewage sludge (other than domestic septage) is placed on an active sewage sludge unit:

1. The person who prepares the sewage sludge shall develop the following information and shall retain the information for five years:

a. The concentration of each pollutant listed in Table 1 of 9VAC25-31-630 in the sewage sludge when the pollutant concentrations in Table 1 of 9VAC25-31-630 are met;

b. 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 9VAC25-31-710 A, B 2, B 3, or B 4 when one of those requirements is met) and the vector attraction reduction requirements in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 when 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.";

c. A description of how the pathogen requirements in 9VAC25-31-710 A, B 2, B 3, or B 4 are met when one of those requirements is 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 when one of those requirements is met.

2. The owner/operator of the surface disposal site shall develop the following information and shall retain that information for five years:

a. The concentration of each pollutant listed in Table 2 of 9VAC25-31-630 in the sewage sludge when the pollutant concentrations in Table 2 of 9VAC25-31-630 are met or when site-specific pollutant limits in 9VAC25-31-630 B are met;

b. 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 9VAC25-31-640 and the vector attraction reduction requirement in (insert one of the requirements in 9VAC25-31-720 B 9 through B 11, 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.";

c. A description of how the management practices in 9VAC25-31-640 are met; and

d. A description of how the vector attraction reduction requirements in 9VAC25-31-720 B 9 through B 11 are met, if one of those requirements is met.

B. When domestic septage is placed on a surface disposal site.

1. If the vector attraction reduction requirements in 9VAC25-31-720 B 12 are met, the person who places the domestic septage on the surface disposal site shall develop the following information and shall retain the information for five years:

a. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the vector attraction reduction requirements in 9VAC25-31-720 B 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"; and

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

2. The owner/operator of the surface disposal site shall develop the following information and shall retain that information for five years:

a. 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 9VAC25-31-640 and the vector attraction reduction requirements in (insert 9VAC25-31-720 B 9 through B 11 when 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 or imprisonment.";

b. A description of how the management practices in 9VAC25-31-640 are met; and

c. A description how the vector attraction reduction requirements in 9VAC25-31-720 B 9 through B 11 are met, if one of those requirements is met.

Statutory Authority

§ 62.1-44.15 (10) 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.

9VAC25-31-680. Reporting.

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 information in 9VAC25-31-670 A to the department on February 19 of each year for the previous year's activity.

Statutory Authority

§§ 62.1-44.15, 62.1-44.16, 62.1-44.17, 62.1-44.18, and 62.1-44.19 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996.