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Article 1
Definitions and Terms

A. Unless otherwise specified, for the purpose of these Biosolids Use Regulations, the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

"Biosolids" means a sewage sludge that has received an established treatment for required 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 this chapter.

"Certificate" means a permit issued by the State Water Control Board in accordance with 9VAC25-30.

"Critical areas/waters" means areas/waters in proximity to shellfish waters, a public water supply, recreation or other waters where health or water quality concerns are identified by the department or the State Water Control Board.

"Conventional design" means the designs for unit operations (treatment system component) or specific equipment that has been in satisfactory operation for a period of one year or more, for which adequate operational information has been submitted to the division to verify that the unit operation or equipment is designed in substantial compliance with this chapter.

"Discharge" means (when used without qualification) discharge of pollutant or any addition of any pollutant or combination of pollutants to state waters or waters of the contiguous zone or ocean other than discharge from a vessel or other floating craft when being used as a means of transportation.

"Division" means the Division of Wastewater Engineering of the Office of Environmental Health Services, the administrative unit responsible for implementing this chapter.

"Dry tons" means dry weight established as representative of land applied biosolids and expressed in units of English tons.

"Dry weight" means the measured weight of a sample of sewage sludge or biosolids after all moisture has been removed in accordance with the standard methods of testing and often represented as a percent solids.

"Effluent limitations" means schedules of compliance, prohibitions, permit requirements, established under state or federal law for control of sewage discharges.

"Established fees" means a fee annually established by the division per dry ton of biosolids managed by land appliers. Established fees shall not exceed the amount necessary to reimburse the direct costs for a reasonable amount of testing and for the local monitoring of the land application of biosolids by counties, cities and towns that have adopted local ordinances consistent with §62.1-44.19:3 of the Code of Virginia.

"Exceptional quality biosolids" means biosolids that have received an established level of 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 this chapter.

"Facilities" means processes, equipment, storage devices and dedicated sites, located or operated separately from a treatment works, utilized for sewage sludge management, including but not limited to, handling, treatment, transport and storage of biosolids.

"Field office" means the Area Engineering Office through which the division implements its field operations.

"Generator" means the owner of a sewage treatment works that produces sewage sludge and biosolids.

"Industrial wastes" means liquid or other wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resources.

"Land application" means the distribution of either treated wastewater of acceptable quality, referred to as effluent, or stabilized sewage sludge of acceptable quality, referred to as biosolids, upon, or insertion into, the land with a uniform application rate for the purpose of utilization, or assimilation. Bulk disposal of stabilized sludge in a confined area, such as in landfills, is not land application. Sites approved for land application of biosolids in accordance with this chapter are not to be considered to be treatment works.

"Land applier" means someone who land applies biosolids pursuant to a valid permit from the department as set forth in this chapter.

"Local monitor" means a person or persons employed by local government to perform the duties of monitoring the operations of land appliers pursuant to a local ordinance.

"Local ordinance" means an ordinance adopted by counties, cities or towns in accordance with §62.1-44.19:3 C of the Code of Virginia.

"Manual of practice" means the provisions of Part III (12VAC5-585-420 et seq.) of this chapter.

"Operate" means the act of any person who may have an impact on either the finished water quality at a waterworks or the final effluent at a sewage treatment works, such as: (i) to place into or take out of service a unit process or unit processes, (ii) to make or cause adjustments in the operation of a unit process or unit processes at a treatment works, or (iii) to manage sewage sludge or biosolids.

"Owner" means the Commonwealth or any of its political subdivisions including sanitary districts, sanitation district commissions and authorities, federal agencies, any individual, any group of individuals acting individually or as a group, or any public or private institution, corporation, company, partnership, firm or association which owns or proposes to own a sewerage system or treatment works as defined in §62.1-44.3 of the Code of Virginia.

"Permit" means an authorization granted by the commissioner to construct, or operate, facilities and specific sites utilized for biosolids management, including land application, marketing and distribution of biosolids. A Virginia Pollution Abatement permit issued by the Department of Environmental Quality to a land applier is an optional permit for these activities.

"Permittee" means a person, firm, corporation, political subdivision or other entity holding a permit approved by the department for the land application,storage or distribution of biosolids as provided for in this chapter.

"Pollutant" means any substance, radioactive material, or waste heat which causes or contributes to, or may cause or contribute to, pollution.

"Pollution" means such alteration of the physical, chemical or biological properties of any state waters or soil as will, or is likely to, create a nuisance or render such waters or soil (i) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable despite reasonable treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational, commercial, industrial, agricultural or for other reasonable uses. Such alteration is also deemed to be pollution, if there occurs: (a) an alteration of the physical, chemical or biological property of state waters or soil, or a discharge or a deposit of sewage, industrial wastes or other wastes to state waters or soil by any owner which by itself is not sufficient to cause pollution, but which, in combination with such alteration of, or discharge, or deposit, to state waters or soil by other owners, is sufficient to cause pollution; (b) the discharge of untreated sewage by any owner into state waters or soil; or (c) the contravention of standards of air or water quality duly established by the State Water Control Board.

"Primary sludge" means sewage sludge removed from primary settling tanks that is readily thickened by gravity thickeners.

"Process" means a system, or an arrangement of equipment or other devices that remove from waste material pollutants, including, but not limited to, a treatment works or portions thereof.

"Reimbursement application" means forms approved by the division to be used to apply for reimbursement of local monitoring costs for land application of biosolids in accordance with the provisions of this chapter. The application shall consist of a formal written request and any accompanying documentation submitted by a local government in accordance with a local ordinance.

"Settled sewage" is effluent from a basin in which sewage is held or remains in quiescent conditions for 12 hours or more and where the residual sewage sludge is not reintroduced to the effluent following the holding period. Sewage flows not in conformance with these conditions shall be considered nonsettled sewage.

"Sewage" means the water-carried and nonwater-carried human excrement, kitchen, laundry, shower, bath or lavatory wastes, separately or together with such underground, surface, storm and other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments or other places.

"Sewage sludge" or "sludge" means any solid, semisolid, or liquid residues which contain 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. Liquid sludge contains less than 15% dry residue by weight. Dewatered sludge contains 15% or more dry residue by weight.

"Sludge management" means the treatment, handling, transportation, storage, use, distribution or disposal of sewage sludge.

"Soil analysis" is a chemical testing procedure to determine the nutrient content of soils in a given field. Soil analyses generally include testing for soil pH, P (Phosphorus), K (Potassium), Ca (Calcium), Mg (Magnesium), Zn (Zinc), Mn (Manganese), Cu (Copper), Fe (Iron) and B (Boron).

"State waters" means all water, on the surface and under the ground, wholly or partially within, or bordering the state or within its jurisdiction.

"Substantial compliance" means designs and practices that do not exactly conform to the standards set forth in this chapter as contained in documents submitted pursuant to 12VAC5-585-130 but whose construction or implementation will not substantially affect health considerations or performance.

"Supernatant" is the liquid obtained from separation of suspended matter during sludge treatment or storage.

"Surface waters" means (i) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (ii) all interstate waters, including interstate "wetlands"; (iii) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, "wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (a) which are or could be used by interstate travelers for recreational or other purposes, (b) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce, or (c) which are used or could be used for industrial purposes by industries in interstate commerce; (iv) all impoundments of waters otherwise defined as waters of the United States under this definition; (v) tributaries of waters identified in clauses (i) through (iv) of this definition; (vi) the territorial sea; and (vii) "wetlands" adjacent to waters (other than waters that are themselves wetlands) identified in clauses (i) through (vi) of this definition.

"Toxic pollutant" means any agent or material including, but not limited to, those listed under Section 307(a) of the Clean Water Act which after discharge will, on the basis of available information, cause toxicity.

"Toxicity" means the inherent potential or capacity of a material to cause adverse effects in a living organism, including acute or chronic effects to aquatic life, detrimental effects on human health or other adverse environmental effects.

"Treatment works" means any device or system used in the storage, treatment, disposal or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power and other equipment and their appurtenances, septic tanks and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for ultimate disposal of residues or effluents resulting from such treatment. "Treatment works" does not include biosolids use on privately owned agricultural land.

"Use" means to manage or recycle a processed waste product in a manner so as to derive a measurable benefit as a result of such management.

"Variance" means a conditional approval based on a waiver of specific regulations to a specific owner relative to a specific situation under documented conditions for a specified time period.

"Water quality standards" means the narrative statements for general requirements and numeric limits for specific requirements that describe the water quality necessary to meet and maintain reasonable and beneficial uses. Such standards are established by the State Water Control Board under §62.1-44.15(3a) of the Code of Virginia.

B. Generally used technical terms not defined in subsection A of this section or the department's latest definitions of technical terms as used to implement §32.1-164 et seq. of the Code of Virginia shall be defined in accordance with "Glossary--Water and Wastewater Control Engineering" published by American Public Health Association (APHA), American Society of Civil Engineers (ASCE), American Water Works Association (AWWA), and Water Environment Federation (WEF).

Derived from VR355-17-200 §1.1, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997; Volume 19, Issue 14, eff. April 23, 2003.

Article 2
Procedures

The provisions of the Virginia Administrative Process Act, Chapter 1.1:1 (§9-6.14:1 et seq.) of Title 9 of the Code of Virginia, and Title 32.1 of the Code of Virginia govern the adoption and enforcement of this chapter. All procedures outlined below are in addition to, or in compliance with, the requirements of that Act.

Derived from VR355-17-200 §1.2, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

The board reserves the right to utilize any lawful procedure for the enforcement of this chapter.

Derived from VR355-17-200 §1.3, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

All land appliers land applying biosolids on permitted sites within the jurisdiction where a local ordinance has been adopted pursuant to §62.1-44.19:3 of the Code of Virginia shall be subject to payment of fees as specified in this chapter.

Reimbursement of local monitoring costs deemed reasonable by the division will be made in order of receipt of an acceptable invoice. Such invoices will be reimbursed for reasonable costs up to $2.50, as adjusted, per dry ton of biosolids land applied in a county during the period of time specified in the submitted invoice. If sufficient revenue exists from the fees collected monthly, then invoiced claims exceeding $2.50, as adjusted, per dry ton of biosolids land applied in that county, during the period of time specified in the submitted invoice, may be released for reimbursement of up to $4.00 per dry ton of biosolids land applied in that county during the month that the reimbursable costs were incurred, based on the order of receipt of the invoice.

If the establishment of a regulation is necessary for the preservation of public health, safety, or welfare, the board or commissioner may immediately promulgate and adopt the necessary regulation by complying with the procedures set forth in §32.1-13 of the Code of Virginia, or the Administrative Process Act.

A. All biosolids use facilities shall be constructed and operated in compliance with the requirements as set forth in this chapter.

B. Notice. Whenever the commissioner has reason to believe that a violation of Title 32.1 of the Code of Virginia or of any provisions of this chapter has occurred or is occurring, the division shall so notify the alleged violator. Such notice shall be: (i) in writing, with a request to the owner to respond by providing any pertinent information on this issue they may wish; (ii) cite the statute, regulation or regulations that are allegedly being violated; and (iii) state the facts which form the basis for believing that the violation has occurred or is occurring. Such notification is not an official finding or case decision nor an adjudication, but may be accompanied by a request that certain corrective action be taken.

C. Orders. Pursuant to §32.1-26 of the Code of Virginia, the commissioner may issue orders to require any owner to comply with the provisions of Title 32.1 of the Code of Virginia or the provisions of this chapter. The order may require:

2. The acquisition or use of additional equipment, supplies or personnel to ensure that the violation does not recur;

5. Any other corrective action deemed necessary for proper compliance with this chapter; or

D. Compliance. The commissioner may act as the agent of the board to enforce all effective orders and this chapter. Should any owner fail to comply with any effective order or this chapter, the commissioner may:

1. Institute a proceeding to revoke the owner's permit in accordance with 12VAC5-585-220;

3. Request the Attorney General to bring an action for civil penalty, injunction, or other appropriate remedy; or

1. In the event of a dispute between a locality that has adopted a local ordinance for testing and monitoring the land application of sewage sludge and a permittee concerning the existence of a violation, the activity alleged to be in violation shall be halted pending a determination by the commissioner. The decision of the commissioner shall be final and binding unless reversed on judicial appeal pursuant to §2.2-4026 of the Code of Virginia. If the activity is not halted, the commissioner may seek an injunction compelling the halting of the activity from a court having jurisdiction.

2. Upon determination by the division that there has been a violation of §32.1-164.5, 32.1-164.6, or 62.1-44.19:3 of the Code of Virginia, or of any regulation promulgated under those sections, and that such violation poses an imminent threat to public health, safety or welfare, the commissioner shall commence appropriate action to abate the violation and immediately notify the chief administrative officer of any locality potentially affected by the violation.

F. Nothing in this section shall prevent the commissioner or the division from taking actions to obtain compliance with permit requirements prior to issuing an order, or from making efforts to obtain voluntary compliance through conference, warning, or other appropriate means.

Derived from VR355-17-200 §1.7, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997; Volume 24, Issue 5, eff. December 17, 2007.

The commissioner may, pursuant to §32.1-13 of the Code of Virginia, issue emergency orders in any case where there is an imminent danger to the public health resulting from the unauthorized construction or operation of any biosolids use facility. An emergency order may be communicated by the best practical notice under all the circumstances, and is effective immediately upon receipt. The order may state any requirements necessary to remove the danger to the public health, including the immediate cessation of the construction or operation of the biosolids use. Violation of an emergency order is subject to civil enforcement and is punishable as a criminal misdemeanor. Emergency orders shall be effective for a period determined by the commissioner. Emergency orders may be appealed in accordance with the provisions of the Administrative Process Act.

A. The commissioner may grant a variance to a procedural, design, or operational regulation by following the appropriate procedures set forth in this section.

B. Requirements for a variance. The commissioner may grant a variance if he finds that the hardship imposed (may be economic) outweighs the benefits that may be received by the public and that the granting of such variance does not subject the public to unreasonable health risks or environmental pollution.

C. Application for a variance. Any owner may apply in writing for a variance. The application should be sent to the appropriate environmental engineering field office for evaluation. The application shall include:

3. A statement of the hardship to the owner and the anticipated impacts to the public health and welfare if a variance were granted.

4. Suggested conditions that might be imposed on the granting of a variance that would limit its detrimental impact on public health and welfare.

6. Such other information as may be required to make the determination in accordance with subsection B of this section.

1. The commissioner shall act on any variance request submitted pursuant to this subsection within 90 days of receipt of request.

2. In the commissioner's consideration of whether a biosolids use variance should be granted, the commissioner shall consider such factors as the following:

a. The effect that such a variance would have on the adequate operation of the biosolids use facility, including public nuisance concerns;

c. The effect that such a variance would have on the protection of the public health, or the environment.

1. The commissioner may grant the variance request and if the commissioner proposes to deny the variance he shall provide the owner an opportunity to an informal hearing as provided in §9-6.14:11 of the Code of Virginia. Following this opportunity for an informal hearing the commissioner may reject any application for a variance by sending a rejection notice to the applicant. The rejection notice shall be in writing and shall state the reasons for the rejection. A rejection notice constitutes a case decision.

2. If the commissioner proposes to grant a variance request submitted pursuant to this chapter, the applicant shall be notified in writing of this decision. Such notice shall identify the variance, the biosolids use facility involved, and shall specify the period of time for which the variance will be effective. Such notice shall provide that the variance will be terminated when the biosolids use facility comes into compliance with the applicable regulation and may be terminated upon a finding by the commissioner that the biosolids use facility has failed to comply with any requirements or schedules issued in conjunction with the variance. The effective date of the variance shall be 15 days following its issuance.

F. Posting of variances. All variances granted for the design or operation of biosolids use facility are nontransferable. Any requirements of the variance shall become part of the permit for biosolids use subsequently granted by the commissioner.

Hearings before the board, the commissioner, or their designees shall include any of the following forms depending upon the nature of the controversy and the interests of the parties involved. All concerned parties will be provided with a reasonable notice of any intent to consider any public data, documents or information in making case decisions.

1. Informal conference. An informal conference is a conference with the commissioner or his designee with concerned parties, in person, with counsel or other representatives held in accordance with §9-6.14:11 of the Code of Virginia.

2. Hearing. A hearing is a formal, public proceeding before the commissioner or a designated hearing officer and held in conformance with §9-6.14:12 of the Code of Virginia.

The named party that is the subject of a case decision is entitled to an informal conference prior to the final decision. The conference is mandatory, and will be held without demand, unless the party waives its right to the conference, the party agrees to a proposed decision, or the party and the commissioner agree to proceed directly to a hearing. The commissioner's decision following the informal conference shall be the final agency action, and subject to appeal under the Administrative Process Act, as of the date of notification of the affected party, except where a hearing is required by law, or where the commissioner decides that a hearing is appropriate to resolve factual issues, or where the party files a timely petition for a hearing, as set out in 12VAC5-585-120.

A. The named party that is the subject of an order under §32.1:26 of the Code of Virginia is entitled to a hearing under §9-6.14:12 of the Code of Virginia prior to the final decision. For case decisions where no hearing is required by law, the commissioner may hold a hearing in any case in his discretion. In cases where no hearing is required and the commissioner does not elect to hold a hearing, any party to a case decision made pursuant to an informal conference may petition the commissioner for a hearing.

1. Notice. A notice states the time, place, and issues involved in the prospective hearing and is sent to parties requesting the hearing by certified mail at least 15 calendar days before the hearing is to take place.

2. Record. A record of the hearing made by a court reporter or other approved means. A copy of the transcript of the hearing, if transcribed, is provided within a reasonable time to any person upon written request and payment of the cost. If the record is not transcribed, then the cost of preparation of the transcript is borne by the party requesting the transcript.

3. Evidence. All interested parties attending the hearing may present evidence, expert or otherwise, that is material and relevant to the issues in controversy. The admissibility of evidence shall be in accordance with the Administrative Process Act. All parties may be represented by counsel.

4. Subpoena. The commissioner or hearing officer, pursuant to §9-6.14:13 of the Code of Virginia, may issue subpoenas for the attendance of witnesses and the production of books, papers, maps, and records. The failure of a witness without legal excuse to appear or to testify or to produce documents may be reported by the commissioner to the appropriate circuit court.

5. Judgment and final order. The commissioner may utilize a hearing officer to conduct the hearing as provided in §9-6.14:4.1 of the Code of Virginia and to make written recommended findings of fact and conclusions of law to be submitted for review and final decision by the commissioner. The final decision of the commissioner, reduced to writing, contains the explicit findings of fact upon which his decision is based. Copies of the decision shall be delivered to the owner affected by it. Notice of a final decision will be served upon the parties and become a part of the record. A final decision shall be effective within 15 days of mailing a copy by certified mail, return receipt requested, to the last known address of the affected parties as required by §32.1-26 of the Code of Virginia.

C. A petition for a hearing shall be filed with the commissioner within 30 days of the date the commissioner notifies the party of his decision. If no petition is received within this 30-day period, the commissioner's decision shall be final on the date of the notice of the decision as provided in 12VAC5-585-70. Petitions for hearings shall state:

1. The identity of the petitioner requesting the hearing, and its counsel, if any;

2. The immediate, pecuniary and substantial interest of the petitioner that is directly affected by the commissioner's decision and how that interest is affected; and

3. The issues of fact that the petitioner alleges both (i) have been decided erroneously, and (ii) if decided differently would directly affect the petitioner's interest.

D. The commissioner shall notify the petitioner by certified mail, return receipt requested, of his decision to grant or deny the requested hearing. The commissioner may grant the hearing in his discretion if he finds all of the following:

2. The petition is timely and it raises a substantial issue of fact that, if decided differently, would have an immediate, pecuniary, and substantial effect upon an interest of the petitioner; and

3. The factual issue would appropriately be determined under the trial-like procedures of §9-6.14:12 of the Code of Virginia.

If the commissioner denies a timely petition for hearing, that denial shall be the final agency action on the underlying decision. If the commissioner grants the petition, the decision following the hearing shall be the final agency action. Where there is no timely petition for a hearing, the commissioner's decision following the informal conference shall be the final agency action.

No owner shall cause or allow the construction, expansion, or modification of facilities necessary for biosolids use except in compliance with a written construction permit from the commissioner unless as otherwise provided for by this chapter. Furthermore, no owner shall cause or allow any facilities or land application sites employed for biosolids use to be operated except in compliance with a written operation permit issued by the commissioner which authorizes the operation of the facilities or land application sites unless otherwise provided for by this chapter. Conditions may be imposed on the issuance of any permit, and construction, modification, or operation shall be in compliance with these conditions.

As described in this section, the requirement to formally obtain a construction permit or an operation permit, or both, through the provisions of this chapter is waived for land application sites meeting the operational restrictions specified in subdivision 1 or 2 of 12VAC5-585-320, or those sites utilized entirely for research projects with approved monitoring programs.

In order to qualify for a permit waiver for biosolids use, the permittee or owner must file with the division an application or a letter of intent to construct or operate such a system as described above. The letter shall be filed at least 30 days prior to the time that granting of such a waiver would be required to initiate construction or operation. The letter shall contain a brief description of: (i) the proposed use of biosolids, including land application, marketing or distribution; (ii) applicable management practices; (iii) methods for transporting and handling; and (iv) the location of the proposed biosolids use. If after review of the application or letter, a determination is made by the commissioner that it is not in the best interest of public health to waive the permit requirements of this chapter, the owner will be so notified and will be required to obtain the applicable construction or operation permits. The procedure for issuance of a land application operation permit is described in 12VAC5-585-200.

Derived from VR355-17-200 §1.13, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

A. Construction or operation permits are issued by the commissioner, but all requests for a construction or operation permit shall be directed initially to the field office which serves the area where the facility or land application sites are located. The procedure for obtaining the permit includes one or more of the following steps: (i) the submission of a permit application, including the applicable information in Parts IV (12VAC5-585-620 et seq.) and V (12VAC5-585-650 et seq.) of this chapter and subsection H of this section; (ii) a preliminary engineering conference; (iii) the establishment of site specific management practices and operation restrictions; (iv) notification of local government and public participation; (v) receipt of comments from all involved agencies as requested by the division; and (vi) the submission of final documents including an operation plan, or a sludge management plan. A formal technical evaluation involving a detailed engineering analysis of plans, reports and other design documents submitted in support of a permit application for biosolids use may be required for issuance of a construction permit. A formal technical evaluation may be waived following a review of the permit application or the preliminary engineering proposal, provided that the owner's consultant submits a statement that the design and system operation will meet the requirements established herein.

B. All applications shall be submitted on a form provided by the division and shall be submitted by the owner or authorized agent to the appropriate field office. An application for a construction or operation permit shall be accompanied by notification that local government will issue necessary approvals in accordance with this chapter. An application for a construction permit for facilities will not be considered complete until evidence is submitted that an appropriate certificate (draft permit) has been issued or is not required, by the State Water Control Board in accordance with §62.1-44.19 of the Code of Virginia. The owner will be notified by the division if a technical evaluation of preliminary or final design documents is required following the preliminary engineering conference, if held. Subsections C through G of this section and 12VAC5-585-150 through 12VAC5-585-190 would not apply to land application operation permit issuance.

C. A preliminary conference with the appropriate field office engineering staff may be held to establish the requirements for submission of the information necessary for a determination by the commissioner relating to the issuance of a construction permit. The applicant or consultant shall be prepared to set forth any biosolids use problems and the proposed solution in such a manner as to support the conclusions and recommendations presented at this meeting. A preliminary engineering proposal may be submitted prior to, during, or following the preliminary conference.

D. The objective and content of a preliminary engineering proposal are described in this subsection.

1. The objective is to facilitate a determination by the commissioner whether or not the proposed design selected by the owner requires submission of design documents for a formal technical evaluation to establish that the following standards will be reliably met by operation of the facility or system: (i) compliance with requirements established by the State Water Control Board, and (ii) conformance with applicable minimum requirements established by this chapter, in order that a construction permit be issued.

2. The preliminary engineering proposal when submitted for evaluation shall consist of an engineering report and preliminary plans which shall contain the necessary data to portray the biosolids use problem(s) and solution(s). The requirement for a complete preliminary engineering proposal for small flow or minor projects (generator design flow less than one mgd) can be waived by the division in lieu of a letter from the owner's engineer summarizing the agreements reached at the preliminary engineering conference. For all proposals involving facilities, whether new or upgraded, the engineer shall make an evaluation of the flood potential at the proposed site(s), using available data and sound hydrologic principles. If a flood potential is indicated, the flood plain boundaries shall be delineated on a site map, showing its relation to the proposed facility(ies) and actions proposed to comply with acceptable management practices.

E. Construction plans for facilities for which a technical evaluation is required, shall provide the information necessary to determine that the final plans, specifications and other documents satisfy (i) requirements established by this chapter and the applicable engineering standards of practice and (ii) the minimum requirements and limiting factors established in the owner's approved preliminary engineering proposal.

Plans submitted for technical evaluation of facilities, including substantial modifications (new location of storage on site, or increasing design capacity by more than 20%) from that previously approved shall identify the proposed locations, management practices, biosolids sources, treatment and quality information as required. For new construction, the plan shall include sufficient topographic features to indicate its location relative to streams and other land use facilities, as required. The forms of land use (commercial, residential, and agricultural existing or proposed) buffer zones and access controls, for the near future, surrounding the proposed biosolids use facilities must be indicated. Existing buildings and their type of use within 200 feet of the new site shall be adequately described (e.g., by means of topographic maps, aerial photos, drawings, etc.).

F. Complete technical specifications for the construction of facilities and all appurtenances are to accompany the plans submitted for technical evaluation. The specifications accompanying construction drawings shall include, but not be limited to, all construction information not shown on the drawings which is necessary to inform the contractor in detail of the design requirement as to the quality of materials and workmanship and fabrication of the facilities. Also, the type, size, strength, operating characteristics and rating of equipment and construction materials shall be identified as necessary, including (i) machinery, pumps, valves, piping, and jointing of pipe, electrical apparatus, and operating tools; (ii) special additive materials such as paper, wood, stone, sand, gravel and combinations of additive materials; (iii) miscellaneous appurtenances utilized; (iv) chemicals required. Specifications shall address instructions for testing materials and equipment as necessary to meet design requirements and standards of practice; and shall describe operating tests for the completed facilities and component units. Specifications shall be submitted to the division in an acceptable number. The title page shall bear the original signature of the appropriately registered professional who prepared the specifications or under whose direct supervision the specifications were prepared.

G. Operation and maintenance manuals prepared for facilities shall be submitted for technical evaluation and approval when requested by the division if requested. Manuals for new construction or revised pages for existing but modified (upgrades) facilities submitted to the division for evaluation will be processed as follows:

1. Copies of the manual shall be submitted to the division in the number specified. An evaluation will not commence until the applicant has submitted all necessary information (see Part IV, 12VAC5-585-620 et seq.).

2. The division will evaluate the technical contents of the manual and will notify the owner (and manual preparer if appropriate) of any necessary revisions to the manual. The owner is responsible for ensuring that the required revisions are made and submitted to the division.

3. The manual contents will be evaluated for compliance with this chapter and the Department of Environmental Quality's permit regulations and the owner notified of the commissioner's approval or disapproval following receipt of a complete manual.

One copy of the approved manual will be stamped by the division and returned to the owner. If the manual is disapproved, the owner will be notified of conditions, if any, which must be satisfied for approval. The owner will be responsible for ensuring that such conditions are satisfied in accordance with the operation permit.

4. If the commissioner determines that substantial revisions to the manual are required, the division will send a letter to the owner and manual preparer, outlining the necessary revisions and requesting submission of the revised manual within 60 days. Revised manuals constitute a resubmittal.

5. Any deviations from the approved manual affecting the minimum elements required by the operation permit must be approved in accordance with this chapter before any such changes are made.

H. The scope and purpose, requirements, and submission and approval of sludge management plans or operational plans are described in this subsection.

1. The general purpose of these plans is to facilitate a determination by the commissioner that the management or operational plan developed by the owner presents the necessary technical guidance and regulatory requirements to facilitate the proper management of sewage sludge including use of biosolids, for both normal conditions and generally anticipated adverse conditions. The plan should be developed as a reference document, being as brief as possible while presenting the information in a clear, concise and readily accessible manner. The plan should be directed toward the management option(s) for biosolids use selected for the treatment works. The plan shall address methods of controlling and monitoring the quality of sludge by the owner and the means of use of biosolids developed from that sludge by the owner or his agent (Part IV, 12VAC5-585-620 et seq.).

2. Complete sludge management plans or operational plans shall be submitted for all biosolids use activities, by the owner, or owner's agent except as noted in 12VAC5-585-130. The plan shall contain the elements required by applicable sections of this chapter (Part IV, 12VAC5-585-620 et seq.).

3. Submission and approval of sludge management plans or operational plans involving the land application of biosolids shall be done in accordance with 12VAC5-585-150 or 12VAC5-585-240, as applicable. Submission and approval procedures for all other plans are as follows:

a. Three copies of the final sludge management plan or operational plan shall be submitted to the appropriate field office. The technical evaluation of the plan will not commence until the applicant has submitted all necessary information.

b. Upon receipt of comments or no response by contacted agencies the division will complete the evaluation of the plan and the commissioner will approve or disapprove the plan as technically adequate.

c. The commissioner will approve the plan if it is determined to be in substantial compliance with Part III (12VAC5-585-420 et seq.) of this chapter and biosolids use will be in compliance with Part II (12VAC5-585-280 et seq.) of this chapter. If the commissioner determines that substantial revision to the plan is required, the division shall send a letter to the owner and plan preparer, outlining the necessary revision and requesting submission of a revised plan within 60 days. A revised plan constitutes a resubmittal.

d. One copy of the approved plan will be stamped by the division and returned to the owner. If the plan is disapproved, the owner will be notified of conditions, if any, which must be satisfied.

Derived from VR355-17-200 §1.14, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997.

In accordance with the provisions of §§54.1-400 through 54.1-411 of the Code of Virginia, all design drawings, specifications, and engineer's reports, submitted for approval, shall be prepared by or under the supervision of a licensed professional engineer legally qualified to practice in Virginia. The front cover of each set of drawings, of each copy of the engineer's report, and of each copy of the specifications submitted for review and evaluation shall bear the signed imprint of the seal of the licensed professional engineer who prepared or supervised the preparation and be signed with an original signature. In addition, each drawing submitted shall bear an imprint or a legible facsimile of such seal. Submissions of technical information for evaluation by the division shall identify the appropriate qualifications of the preparer of such information (i.e., license or certification).

All reports, plans, and specifications submitted to the division must be received at least 90 days prior to the date upon which action by the division is desired. If the plans and specifications are found to be incomplete or inadequate for detailed review, the plans, specifications and other design documents will be returned to the submitting party. If revisions to the plans, specifications and other design documents are necessitated, a letter will be sent to the engineer who prepared them outlining the necessary revisions. Revised plans, specifications and other design documents constitute a resubmittal; therefore, additional time will be necessary for the review and technical evaluation. Preliminary plans and reports should be submitted for review and evaluation prior to the preparation of final plans. One set of the approved plans, specifications and other design documents will be stamped by the division and returned to the owner.

Upon approval of the proposed design, including submitted plans and specifications, the commissioner will issue a construction permit to the owner to construct or modify biosolids use facilities in accordance with the approved design and submitted plans, specifications and other design documents (Part V, 12VAC5-585-650 et seq.).

Derived from VR355-17-200 §1.17, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997.

Any deviations from the approved design or the submitted plans, specifications and other design documents significantly (20% or more variation from original) affecting biosolids use facility operation or practices, including sludge treatment or quality, must be approved by the commissioner before any such changes are made. Revised plans and specifications shall be submitted in time to allow the review, evaluation and approval of such plans, specifications and other design documents before biosolids use operations which will be affected by such changes is begun.

A. Upon completion of the construction or modification of the biosolids use facilities the owner shall submit to the division a statement signed by an appropriate professional stating that the biosolids use facilities were completed in accordance with the approved plans, specifications and other design documents or revised only in accordance with the provisions of this chapter. This statement is called a Statement of Completion of Construction and shall be based upon inspections of the biosolids use facilities during and after construction or modifications that are adequate to ensure the truth of the statement.

B. The owner shall contact the division and request that a final inspection of the completed construction be made so that either a conditional, or a final, operation permit can be issued, within 30 days after placing a new or modified biosolids use facilities into operation. The division shall be provided with any required performance test results prior to issuance of the final operating permit.

C. A closure plan should be submitted with or prior to the statement of completion of construction in accordance with 12VAC5-585-140 D 2.

Derived from VR355-17-200 §1.19, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

A. Upon completion of the department's technical evaluation of the sludge management plan, or operation plan and receipt of a construction completion statement if appropriate, the commissioner may issue a final operation permit (Parts IV and V). However, the commissioner may delay the granting of the final permit pending inspection, or satisfactory evaluation of test results, to ensure that construction work has been satisfactorily completed or that sludge treatment is satisfactory for biosolids use. A conditional operation permit may be issued specifying final approval conditions, with specific time periods, for completion of unfinished work, submission of test results, operations and maintenance manual, sludge management plans, or other appropriate items. The commissioner may issue a conditional operation permit to owners of facilities for which required information, such as the Statement of Completion of Construction, has not been received. Such permits will contain appropriate conditions requiring the completion of any unfinished or incomplete work including approval of a closure plan and subsequent submission of the Statement of Completion of Construction.

B. Upon completion of the department's technical evaluation of the sludge management plan, or operation plan and site-specific information on the proposed land application sites, the commissioner may issue final operation permits (Parts IV and V). After a land application operation permit is issued, new land application sites, new biosolids sources and routine storage facilities can be added to the land application operation permit through a permit modification approved by the division. A separate land application operation permit will be issued for each political jurisdiction (county or city) where land application is to be undertaken.

Derived from VR355-17-200 §1.20, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997.

The commissioner may amend or reissue a permit where there is a change in the approved biosolids management practices, biosolids treatment, or the source of biosolids at the permitted location, or for any other cause incident to the protection of the public health, provided notice is given to the owner, and, if one is required, a hearing held in accordance with the provisions of 12VAC5-585-120. Permits issued as described in this chapter will remain valid for a period of five years following issuance unless otherwise provided. Permit holders should request permit reissuance in a letter forwarded to the commissioner approximately 90 days or more prior to the expiration date of the permit.

Derived from VR355-17-200 §1.21, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

A. The commissioner may suspend or revoke a permit in accordance with the Administrative Process Act.

2. Violation of Title 32.1 of the Code of Virginia or of any provisions of this chapter from which no variance or exemption has been granted.

1. Send a written notice of intent to suspend or revoke by certified mail to the last known address of the permit holder. The notice shall state the reasons for the proposed suspension or revocation of the permit and shall give the time and place of the hearing and the authority under which the commissioner proposes to act.

D. Owners who are given notice of intent to revoke or suspend their permits have a right to a hearing as specified in 12VAC5-585-120.

Derived from VR355-17-200 §1.22, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

The commissioner may require the owner or operator of any facility to install, use, and maintain monitoring equipment for internal testing of biosolids quality, to identify and determine the causes of operational problems and to determine the necessary corrective actions to correct such problems. If required, test results shall be recorded, compiled, and reported to the division.

12VAC5-585-240. Applications for nondischarging treatment works or sludge management facilities not governed by the sewage handling and disposal regulations.

A. A permit application submitted by an owner or owner's agent shall contain complete information in accordance with this chapter. This information is to be provided by completion and submission of two copies of the appropriate application form(s) and applicable sections of Part IV to the appropriate field office. Applications can be obtained from any field office.

B. The operational plan for the facilities must address the special conditions for the technical operational, monitoring, and reporting requirements that the applicant must satisfy. A construction permit and an operation permit shall be obtained in accordance with this chapter for construction of the facilities. Approval of the operational plan constitutes issuance of an operation permit. Operation of the facilities may not proceed until the owner is notified by the division.

Derived from VR355-17-200 §1.24, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

12VAC5-585-250. Compliance with Part II (Operational Regulations) of this chapter.

Certificates issued by the Department of Environmental Quality under the authority of the State Water Control Board (including approved sludge management plans) prior to January 25, 1995, shall continue in force until expired, reissued, amended, or terminated in accordance with the certificate or this chapter. All owners holding Virginia Pollution Abatement Permits as of January 25, 1995, shall submit an application for an operation permit in accordance with this chapter within 180 days before the date of expiration of certificates issued prior to January 25, 1995, or at the time of any modification request submitted after January 25, 1995, or within 180 days of adoption of this chapter, whichever is later. All owners of biosolids use facilities shall comply with the applicable requirements set forth in the operational regulations except as provided in accordance with 12VAC5-585-130. Any owner may request technical assistance from the division to implement corrective action.

Derived from VR355-17-200 §1.25, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

The design guidelines set forth in Part III of this chapter specify minimum standards for biosolids use for land application, marketing and distribution, including biosolids quality and site specific management practices. Compliance with Part III of this chapter will not be required for facilities not including land application, distribution, or marketing, which have received the approval of the commissioner and the State Water Control Board and for which operation has commenced as of January 25, 1995. Such operation of facilities is deemed to be commenced upon approval of a complete application for a permit or certificate. However, the commissioner may impose standards and requirements which are more stringent than those contained in Part III of this chapter when required to protect public health or prevent nuisance conditions from developing either within critical areas, or when special conditions develop prior to or during biosolids use operations. Conformance to local land use zoning and planning should be resolved between the local government and the facility owner or permit holder. Applications submitted for facilities must demonstrate that the facility and biosolids use management practices will adequately safeguard public health and will comply with the certificate and permit requirements, as appropriate. Submissions which are in substantial compliance with Part III of this chapter and comply with any additional requirements as noted above will be approved. Justification for biosolid use proposals may be required for those portions of the submitted proposal which differ from these criteria. The owner or owner's agent shall identify and justify noncompliance with specific standards or "shall" criteria which the division identifies, or the applicant, in his judgment, believes to be substantial in nature. The division may request changes in designs which are not in substantial compliance with Part III of this chapter and which are not adequately justified by the applicant. The fact that significant work was accomplished on a specific permit application prior to adoption of this chapter shall be a consideration when evaluating applications.

Derived from VR355-17-200 §1.26, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

A. The commissioner shall appoint a committee to advise the commissioner on issues related to implementation and administration of this chapter. The committee shall consist of at least eight appointed members and four ex-officio members as specified in this section. Advisory committee membership should include representatives of large size and small size communities and industries and their consultants. The advisory committee shall contain a maximum of 25 members.

B. The appointed committee members shall be selected from organizations such as:

1. Virginia Association of Counties (VACO) and a representative, such as a local monitor, of a county with sites permitted for land application of biosolids in accordance with this chapter;

2. Virginia Municipal League (VML), the Association of Municipal Wastewater Agencies (VAMWA), and the owners of medium and small flow treatment works;

3. Virginia professional societies (i.e., engineers and soil scientists) and regional wastewater organizations such as the Virginia Water Environment Association;

6. Agricultural industry, the Virginia Farm Bureau and a farmer with land permitted in accordance with this chapter; and

C. Consideration shall also be given to appropriate citizens who are not members of these organizations and other interested parties and groups such as citizens conservation organizations.

D. All terms for appointed members shall be four years in duration, and members should not be appointed for more than two consecutive terms. Up to one-half of the appointed members shall serve an initial term of two years with subsequent terms of four years. The ex-officio members are:

3. The Director of the Department of Conservation and Recreation, Nutrient Management Program; and

4. The Department of Environmental Quality and the Department of Agriculture and Consumer Services may designate ex-officio members from their staff.

Each committee member may designate an alternate to serve when necessary. The secretary to the committee will be a staff member of the division.

E. The function of the committee will be to meet, discuss issues, and make recommendations directly to the commissioner concerning the regulations and standards contained in this chapter and other policies, procedures and programs for regulating biosolids use and associated fees. The committee will meet semi-annually or more frequently at the call of the chairman. The committee's meetings will be advertised and open to the public, and comments and recommendations from the public will be received.

Derived from VR355-17-200 §1.27, eff. January 25, 1995; amended, Virginia Register Volume 19, Issue 14, eff. April 23, 2003.

Article 1
Sampling, Testing, Recording, and Reporting

A. Sampling and testing methods shall conform to current United States Environmental Protection Agency (EPA) guidelines establishing test procedures for analysis of pollutants or other EPA approved methods.

B. Either the operation and maintenance manual, sludge management plan, or operational plan shall contain a specific testing schedule. The testing schedule shall include minimum tests and their frequencies as required to monitor the facility in accordance with the appropriate certificate and the operating permit issued under this chapter.

C. The following sampling instructions shall be followed when collecting samples as required by this chapter:

1. Raw sewage or sludge samples are to be collected prior to the treatment process unit operations.

2. Final treated samples are to be taken at a point following appropriate unit operations in the treatment process. An evaluation of biosolids treatment may require monitoring of fecal coliform levels in the treated sludge.

3. Compositing of samples shall be in accordance with the treatment works operation and maintenance manual. Composite samples of sludge shall consist of grab samples taken in accordance with either the operation and maintenance manual or operation plan, as appropriate. Composite samples shall be representative of the quality and quantity of the biosolids used. Greater frequency of grab sampling may be desirable where abnormal variation in waste strength occurs. Automatic proportional samplers are considered a valid sampling method.

Derived from VR355-17-200 §2.1, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

B. The information furnished with either the operation and maintenance manual, sludge management plan, or operational plan, should recommend and describe the control tests and their frequency that should be routinely conducted by the holder of the permit in order to monitor operations and verify the treatment classification achieved (Table 3). All special sampling methods should be identified. Biosolids use site sampling and testing frequencies should be in accordance with the requirements established by the instructions contained in the biosolids use operation and maintenance manual if provided.

C. Additional operational control information may be required on an individual basis by the division.

Derived from VR355-17-200 §2.2, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995.

The owner shall maintain records on the biosolids use operation and laboratory testing. The records shall be available for review by division and field office staff during inspections at reasonable times. Any records of monitoring activities and results shall include at least the following for all samples:

The owner shall normally maintain monitoring records for a minimum of five years. This period of retention may be extended during the course of any unresolved litigation regarding the discharge of pollutants at the request of the commissioner.

Monitoring records may include: (i) process control adjustments and results; (ii) all printed charts and graphic recordings for continuous monitoring; (iii) appropriate instrumentation, calibration and maintenance records.

Derived from VR355-17-200 §2.3, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

12VAC5-585-310. Additional monitoring, reporting and recording requirements for land application.

A. Either the Operation and Maintenance Manual, sludge management plan, or operating plan, shall contain a schedule of the required minimum tests necessary to monitor land application operation. Such testing schedule information for land application of biosolids shall contain instructions for recording and reporting. Monitoring of any associated land treatment systems shall be in accordance with the biosolids use Operation and Maintenance Manual if provided.

B. The permit holder shall provide to the Department of Health, and to each locality in which it is permitted to land apply biosolids, written evidence of financial responsibility, including both current liability and pollution insurance, or such other evidence of financial responsibility as the board may establish by regulation in an amount not less than $1 million per occurrence, which shall be available to pay claims for cleanup costs, personal injury, bodily injury and property damage resulting from the transport, storage and land application of biosolids in Virginia. The aggregate amount of financial liability maintained by the permit holder shall be $1 million for companies with less than $5 million in annual gross revenue and shall be $2 million for companies with $5 million or more in annual gross revenue.

C. Evidence of financial responsibility, which may include liability insurance, meeting the requirements herein shall be maintained by the permit holder at all times that it is authorized to transport, store or land apply biosolids in Virginia. The permit holder shall immediately notify the Department of Health in the event of any lapse or cancellation of such financial resources, including insurance coverage, as required by this section.

Derived from VR355-17-200 §2.4, eff. January 25, 1995; amended, Virginia Register Volume 23, Issue 9, eff. February 9, 2007.

12VAC5-585-320. Additional monitoring, reporting and recording requirements for sewage sludge and residual solids management.

Either the Operation and Maintenance Manual, sludge management plan, or operational plan shall contain a schedule of required minimum tests and their frequency to be conducted for the sewage sludge and biosolids management system and shall also contain necessary information to document sewage sludge and biosolids quality. Such test schedule information should include instructions for recording and reporting. Monitoring, reporting and recording requirements for sewage sludge and biosolids quality control shall be in accordance with the sludge management plan, or operation plan in accordance with 12VAC5-585-140 H. The record keeping and reporting requirements for sewage sludge and biosolids management contained in the treatment works Operation and Maintenance Manual shall apply to all application sites, regardless of size or frequency of application. However, the requirements relative to monitoring, reporting and recording of site specific soils and monitoring, reporting and recording of ground water and surface water are not applicable for any site which meets either of the following criteria:

1. Whenever exceptional quality biosolids are marketed and distributed with a label or identification information which specifies proper quality information and describes how agronomic rates are to be determined. Also, whenever Class I treated biosolids are land applied so that: (i) the annual loading rate will not result in annual maximum loading rates in excess of those specified in Table 9; (ii) applied biosolids will meet vector attraction requirements; (iii) the amount of nutrients applied does not exceed the total crop needs or agronomic loading rate; (iv) no additional biosolids are applied for at least five years, or the biosolids are applied to land maintained only as pasture or hay land for five years following the last application of biosolids and the nutrient loading rate does not exceed 70% of the annual total crop needs of the grass or hay cover (Tables A-2 and 11).

2. Whenever the application site area for biosolids processed by Class I or II treatment is no larger than l0 acres and is isolated (2,000 feet or more separation distance) from other sites receiving applications of biosolids within three years of the time biosolids are applied to the identified site and the necessary vector attraction requirements are met.

The division may recommend that specified site specific monitoring be performed by the holder of the permit for any biosolids land application practice, regardless of frequency of application or size of the application area. Such recommendations will occur in situations in which groundwater contamination, surface runoff, soil toxicity, health hazards or nuisance conditions are identified as an existing problem or documented as a potential problem as a result of biosolids use operations. Article 2 (12VAC5-585-460 et seq.) of Part III of this chapter shall apply in full whether or not a monitoring waiver provision is applicable.

Derived from VR355-17-200 §2.5, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

Article 2
Operation and Maintenance Manuals

The general purpose of an operation and maintenance manual is to facilitate operation and maintenance of the biosolids use facilities within permit requirements for both normal conditions and generally anticipated adverse conditions. The manual shall be tailored to the size and type of system being employed. The manual shall be directed toward the operating staff required for the facility. The manual shall be updated as necessary and be made available to the operating staff. The manual should be designed as a reference document, being as brief as possible while presenting the information in a readily accessible manner.

The manual shall contain the testing and reporting elements required by this chapter. In addition, for information and guidance purposes, the manual should contain additional schedules which supplement these required schedules.

Derived from VR355-17-200 §2.7, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

Article 3
Requirements for Biosolids Management

Independently operated essential equipment, or components, of biosolids use facilities, including treatment works, shall be provided with sufficient capacity and routine maintenance resources so that the average quantity of biosolids used may be reliably transported, stored, treated or otherwise managed in accordance with permit requirements. Permit noncompliance shall be prevented in those situations in which the largest component is out of service.

The need for spare parts should be determined from operational experience, evaluation of past maintenance requirements, etc. A spare parts inventory may be included in the operation and maintenance manual. The inventory should list the minimum and maximum quantities of the spare parts to be kept on hand, the equipment in which they are used, their storage location, replacement procedures and other pertinent information.

Sufficient spare parts determined as necessary to ensure continuous operability of essential unit operations and equipment should be either located at the treatment works or at readily accessible locations. The minimum quantities of spare parts actually provided shall be in accordance with the operation and maintenance manual.

A regular or routine program of preventive maintenance shall be adhered to. The Operations and Maintenance Manual shall contain a system of maintenance requirements to be accomplished. The routine, minimum preventive maintenance system shall be in accordance with the Operations and Maintenance Manual. Such a system should provide for advanced scheduling of preventive maintenance and should be continually assessed in order to reflect increased service requirements as equipment ages or flow rates increase. Adequate records, files and inventories to assist the operator in his task should also be described in the operation and maintenance manual. Information systems provided for maintenance should describe the documentation required to verify biosolids treatment quality necessary for compliance with permits. Where certain components of the treatment process may be damaged by flooding so as to cause excessive delays in restoring the treatment process to a normal operating level, the means of protecting or removal of such components prior to flooding should be described in the Operational and Maintenance Manual.

A. Monitoring biosolids quality shall be performed as required for permit compliance. Monitoring frequency shall be sufficient to both reflect the degree of variability, if any, expected in the biosolids quality and the frequency of application. The following guidelines should provide sufficient data for characterizing the quality of biosolids for biosolids programs that land apply continuously throughout the year.

Note: Sampling shall be conducted at approximately equal intervals at the listed frequencies. Biosolids programs which store biosolids and land apply only during discrete events, throughout the year, shall schedule sampling events to coincide with application periods. The regulatory agency may require increased monitoring frequencies, if necessary, to adequately define any significant variability in biosolids quality. After two years of monitoring the permittee may request that the monitoring frequency be reduced, but in no case to less than once per year in any year that biosolids are applied to land.

B. An activity report shall be submitted (postmarked) to the department, by the 15th day of the month following any month in which land application occurs. The report shall indicate those sites where land application activities took place during the previous month.

C. Biosolids application rates should be based on the annual average sludge quality. The average sludge quality should be established from the results of approved analytical testing of composite samples obtained during the most recent 12 months of monitoring. For proposed treatment works rates may be initially based on the biosolids characteristic produced by similar generating facilities.

D. The required treatment and quality characteristics and the maximum allowable land application loading rates shall be 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 (Table 3). Adequate records on sludge composition, treatment classification, sludge application rates and methods of application for each site shall be maintained by the generator and owner. Table 4 shows a sample operating report for documenting the minimum required information. Reporting shall be yearly (postmarked by February 19 for the preceding calendar year) unless otherwise required. The generator and owner shall maintain the records as necessary for a minimum period of five years, until further notification by the department. Sites receiving frequent applications of sludge which meet or exceed maximum cumulative constituent loadings and dedicated disposal sites should be properly referenced for future land transactions (see the sample Sludge Disposal Site Dedication Form—Table A-3).

Derived from VR355-17-200 §2.10, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997.

A. General. The sampling procedures and protocols used for the national sewage sludge survey (EPA Office of Water Regulations and Standards, March, 1988) or validated equivalent methods will be approved by the commissioner through issuance of a permit for biosolids use. Composite samples are better than single grab samples because they define representative "average" levels of sludge characteristics. A large open container such as a one- to two-gallon capacity bucket will normally be necessary to obtain complete grab samples of sludge flows. The volume or weight of grab samples should be adjusted so as to represent approximately equal volumes or weights of the sludge volume or mass being sampled. These adjusted grab samples can then be added to form a composite sample.

B. Liquid sludge. In the case of digesters and liquid storage holding tanks, a representative sample shall be composed of at least four grab samples, obtained during daily operations at the facility or land application site. Samples of liquid biosolids obtained under pressure or vacuum, should be obtained shortly after the beginning, during and at the end of the time period that the biosolids are produced at the sampling point.

C. Biosolids storage facilities. Equal volumes of biosolids should be withdrawn from random locations across the width and throughout the length of the storage facility at the surface, mid-depth and near the bottom of the lagoon at each grab sample location. These grab samples should be added to form a composite mix. A range of the recommended minimum number of grab samples which should be obtained from various sizes of sludge lagoons, in order to obtain a representative composite sample, is:

D. Dewatered sludge. Small equally sized grab samples of the dewatered sludge stream may be taken at equally spaced intervals over the period of operation of the dewatering unit. Centrifuged sludge samples may be taken from a belt conveyor or receiving hopper. Filter cake sludge samples may be taken from a belt conveyor or a portion of the cake may be removed as it leaves the unit. The smaller grab samples should be combined to form a representative composite sample. A composite sample can be obtained over the daily operational period at the land application site.

E. Compost sampling. Composite samples are preferred so that a representative average level of compost characteristics can be obtained from analytical testing. Although the compost material has been subjected to pre-mixing, some variation in quality may exist and at least three grab samples of one kilogram, or more, should be taken of each mixture and combined to form a composite sample of that mixture. This mixture should be used for analytical testing or for combination with other composites to obtain a total composite sample representing a fixed period of operation. Compost samples may be taken with a scoop or shovel and placed in flexible bags, which can be thoroughly shaken to mix grab samples.

F. Analysis and preservation of samples. In general, sludge samples should be refrigerated at approximately 4°C immediately after collection, which provides adequate preservation for most types of sludge physical and chemical analysis for a period up to seven days. Exact sample analysis and preservation techniques should be submitted in the sludge management plan. Analytical procedures should be updated as needed.

Soil should be sampled and analyzed prior to sludge application to determine site suitability and to provide background data. After the land application program is underway, it may be necessary to continue monitoring possible changes in the soil characteristics of the application site. Reduced monitoring will usually apply for typical agricultural utilization projects where biosolids are applied to farmland at or below agronomic rates or on an infrequent basis (see Table 5). Reduced monitoring may also apply to one time sludge applications to forest or reclaimed lands. For background analysis, random composite soil samples from the zone of incorporation is required for infrequent applications and frequent applications at less than agronomic rates (total less than 15 dry tons per acre).

Generally, one subsample per acre should be taken for application sites of 10 acres or more receiving frequent applications. For frequent land application sites greater than 50 acres, a controlled area of approximately 10 acres in size may be provided that is representative of site loading and soil characteristics. The control area should be sampled through random collection of approximately 20 subsamples taken according to standard agricultural practices. Records of soil analysis must be maintained by the owner and submitted as required.

Vegetation monitoring may be required by the commissioner upon recommendation of the division once every three years on sites with frequent applications of biosolids applied at or greater than agronomic rates and when 400 pounds per acre or more of available phosphorus has been applied to the soil. Analyses of plant tissue should be conducted at the proper growth stage as recommended by either the Virginia Department of Agriculture and Consumer Services, the Virginia Department of Conservation and Recreation or Virginia Cooperative Extension Service. Routine analyses include nitrate-nitrogen, phosphorus, potassium, calcium, manganese, magnesium, iron, copper and zinc. Analysis for additional parameters may be necessary as determined on a case-by-case basis. Results shall be reported annually to the division.

A. Monitoring wells may be required by the commissioner as recommended by the division for land treatment sites, sludge lagoons, or sludge holding facilities to monitor groundwater quality. The wells should be designed and located to meet specific geologic and hydrologic conditions at each site. Existing wells or springs may be approved for use as monitoring wells if they can be shown to provide a representative sample of groundwater conditions. The monitoring well should be constructed so as to sample the most shallow occurrence of groundwater that can reliably be obtained. The wells must be deep enough to penetrate the water table, and the screened interval must be in the saturated zone. The well construction should include PVC casing and screen with a bottom end plug or cap. The casing joints should be of the threaded, split ring or some other type which does not require adhesive. The screened interval should be backfilled with washed porous media (sand/gravel) and a bentonite or other impermeable seal placed at least two feet above the screen. The remainder of the well may be backfilled with clean native materials. A concrete surface seal should slope away from the well. Locking caps are recommended. Upon well completion, a driller's log shall be submitted to the department.

B. Sampling procedures must assure maintenance of sample integrity. Samples should be collected in clean sample containers and with an uncontaminated sampling device. In order to obtain a representative sample, standing water in the well must be evacuated prior to sampling. At a minimum, at least three times the volume of water standing in the borehole should be removed prior to taking a sample for analysis to assure movement of formation water into the well and eliminate false readings that would be obtained from water that has stratified in the well. Samples may be obtained by pumping, bailing or pressure methods (e.g., Bar Cad samplers). The state does not endorse any one particular method or manufacturer, but each method has advantages and disadvantages which must be considered prior to final selection. Sampling methodology should be submitted for initial review. To obtain sufficient background groundwater quality data, three to six monthly samples should be collected from each observation well prior to placing the land application site or other facility into operation. Sampling should account for seasonal groundwater table fluctuations. Groundwater samples shall be collected and analyzed on a quarterly basis during operation of the site or facility. Table 6 lists typical parameters for groundwater monitoring. Additional test parameters may be required on a case-by-case basis.

C. Sample analysis and preservation techniques should be in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater.

⁽²⁾Lime treated sludges (10% or more lime by dry weight) should be analyzed for percent CaCO₃.

B. Additional parameters such as the organic chemicals listed in Table 13 may be required for screening purposes as well as: Aluminum (mg/kg), Water Soluble Boron (mg/kg), Calcium (mg/kg), Chlorides (mg/l), Manganese (mg/kg), Sulfates (mg/kg), and those pollutants for which removal credits are granted.

C. Microbiological testing may be necessary to document the sludge treatment classification (Table 3). Microbiological standards shall be verified by the log mean of the analytical results from testing of nine or more samples of the sludge source. Sampling events shall be separated by an appropriate period of time so as to be representative of the random and cyclic variations in sewage characteristics.

TABLE 3
STANDARDS FOR DOCUMENTATION OF PATHOGEN CONTROL AND VECTOR ATTRACTION REDUCTION LEVELS FOR BIOSOLIDS

a.⁽¹⁾ Composting or other acceptable time-temperature treatment* shall result in a biosolids content equal to or less than either 1,000 fecal coliform per gram or three salmonella per four grams of total solids in treated sludge prior to removal for use or preparation for distribution.

b. Stabilization**⁽²⁾. Verify a biosolids content less than either: 1,000 MPN fecal coliform per gram of total solids, or three salmonella, or one virus (PFU), or one helminth egg, per four grams of total sludge solids and provide that vector attraction reduction requirements will be met upon use.

a.⁽¹⁾ When the influent sludge stream to the stabilization unit operation contains more than 6 log10 fecal coliform per gram of total solids, a reduction of 1.5 log10 of fecal coliform or more may be required for stabilization.

b. Stabilization⁽²⁾. Verify biosolids content maximum of 6.3 log10 of fecal coliform per gram of total solids in sludges subjected to adequate treatment and provide that vector attraction reduction requirements will be met upon use.

B. Vector attraction reduction requirements (must satisfy one of the following for approval of land application of biosolids).

1. Thirty-eight percent volatile solids (VS) reduction by digestion processes, or:

a. Less than 38% reduction by anaerobic digestion if additional treatment (additional 40 days or more at 32°C or more) results in less than 17% additional VS reduction:

b. Less than 38% reduction by aerobic digestion if the specific oxygen uptake rate (SOUR) of sludge is 1.5 or less milligrams of oxygen per hour per gram of total sludge solids (dry weight basis) at a temperature of 20°C.

c. Less than 38% reduction by aerobic digestion if additional treatment (additional 30 days or more at 20°C or more) results in less than 15% additional VS reduction.

d. Less than 38% reduction if treated in an adequately aerated unit operation for 14 days or more at a temperature exceeding 40°C and the average sludge temperature exceeds 45°C.

2. Sludge pH is 12 or more (alkaline addition) for two consecutive hours and remains at 11.5 or higher for 22 additional hours (no further alkaline additions), or

3. Seventy-five percent or more total solids in treated sludge if no untreated primary sludge is included, or 90% total solids if unstabilized primary sludge is included, prior to any mixing with other materials, or

4. Either incorporation of treated sludge into the soil within six hours of surface application, or direct injection below the surface of the land so that no evidence of any significant amounts of sludge is present on the land surface within one hour of injection.

a. For surface application: apply to land within eight hours of final treatment and incorporate below the surface within six hours of application, or achieve one of the appropriate vector attraction reduction requirements by treatment.

b. For subsurface application: inject within eight hours of final treatment or achieve one of the appropriate vector attraction reduction requirements by treatment.

C. Documentation statement for submission of treatment, or quality, verification reports:

I have submitted the proper documentation to verify that the necessary levels of pathogen reduction and vector attraction reduction have been achieved for all sludge to be land applied in accordance with the permit requirements. These determinations have been made under my direction and supervision in accordance with approved procedures developed to ensure that qualified personnel obtain and evaluate the information necessary to ensure permit compliance. Also, the sludge quality characteristics are suitable for Land Application in accordance with permit requirements (if appropriate).

⁽¹⁾Note: Refers to an acceptable method of treatment with established operational controls capable of treating sludge to produce the required microbiological standards (see Article 3 (12VAC5-585-540 et seq.) of Part III, Agricultural Use of Biosolids).

(If nuisance problems of odors or problems with uniform applications develop, the appropriate Engineering Field Offices of the Virginia Department of Health shall be notified.)

*Specify the methods utilized to comply with treatment/application requirements on a separate attachment.

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⁽³⁾ Testing requirements to be adjusted in accordance with prior analytical

Derived from VR355-17-200 §2.14, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September, 20, 1995; Volume 13, Issue 26, October 15, 1997; Errata, 14:2 VA.R. 351 October 13, 1997.

Article 1
Sludge Processing and Management

A. The selection and operation of the stabilization process shall be based on the ultimate utilization of the final sludge product. The design information concerning sludge stabilization processes included in this section is provided to update similar requirements contained in the Sewerage Regulations (12VAC5-580-10 et seq.). Such design information is based on the assumption that each unit operation is the sole stabilization process employed at the treatment works. This design information is presented to define the conventional design standards for the level of sludge treatment necessary for biosolids use. Consideration will be given to nonconventional designs, on a case-by-case basis, for treatment works employing new technology or series operation of two or more stabilization processes or methods. The standard buffer distance of 200 feet shall be provided between the walls of open and exposed sludge treatment operations and the boundaries of the site area in which either controlled use or access restrictions apply.

1. General. Conventional sludge treatment consists of two anaerobic digesters, or enclosed reactors, typically provided, so that each digester may be used as a first stage or primary reactor. Additional digesters are provided to treat the total flow of primary and secondary sludge generated at treatment works with sewage design flows exceeding one MGD. Where multiple digesters are not provided, it is prudent to provide a lagoon or storage basin for emergency use to allow the digester to be taken out of service without unduly interrupting treatment works operation. Each digester should have the means for transferring a portion of its contents to other digesters. Multiple digester facilities should have means of returning supernatant from the settling digester unit to appropriate points for treatment. Provisions for side-stream treatment of supernatant should be addressed when the supernatant load is not included in the treatment works design.

2. Sludge inlets and outlets. Multiple sludge inlets and draw-offs and multiple recirculation section and discharge points (minimum of three) to facilitate flexible operation and effective mixing of the digester contents provide optimum treatment for pathogen control and vector attraction reduction. One inlet usually discharges above the liquid level and is approximately at the center of the digester to assist in scum breakup. Raw sludge inlet discharge points should be so located as to minimize short circuiting to the supernatant draw-off.

3. Digester capacity. Where the composition of the sewage has been established, digester capacity is conventionally computed from the volume and character of the sludge mixture to be digested. The total digestion volume can be determined by rational calculations based upon such factors as volume of sludge added, its percentage of solids and character, the temperature to be maintained in the digesters, the degree or extent of mixing to be obtained and the size of the installation with appropriate allowance for sludge and supernatant storage. Such detailed calculations justify the basis of design. The digester should be capable of maintaining a minimum average sludge digestion temperature of 35°C (95°F) with the capability of maintaining temperature control within a 4°C range. The design average detention time for sludge undergoing digestion for stabilization is conventionally a minimum of 15 days within the primary digester, but longer periods may be required to achieve the necessary level of pathogen control and vector attraction reduction necessary for the method used for sludge management. If unheated digesters are utilized, the conventional capacity would provide a minimum detention time of 60 days within the digestion volume in which sludge is maintained at a temperature of at least 20°C (68°F).

a. Completely mixed systems. For digesters providing for intimate and effective mixing of the digestion volume contents, the systems are typically designed for an average feed loading rate of less than 200 pounds of volatile solids per 1,000 cubic feet of volume per day in the active digestion volume.

Confined mixing systems, where gas or sludge flows are directed through vertical channels, mechanical stirring or pumping systems and unconfined continuously discharging gas mixing systems are conventionally designed to ensure complete tank turnover every 30 minutes. For tanks over 60 feet in diameter, multiple mixing devices shall be used.

Unconfined, sequentially discharging gas mixing systems are typically designed using the number of discharge points and gas flow rates shown for the various tank diameters listed in Table 7, unless sufficient operating data has been developed to verify the performance reliability of alternative designs. Gas discharge lines (lances) mounted on a floating cover or top designed to accumulate gas emissions usually extend to the base of the vertical side wall while the cover is resting on its landing brackets. For floor mounted diffuser boxes or lances mounted to a fixed cover, gas discharge are located at the base of the vertical side wall.

The minimum gas flow supplied for complete mixing shall be 15 cubic feet/min./1,000 cubic feet of digestion volume. Flow measuring devices and throttling valves are used to provide the minimum gas flow.

The design power supplied for mechanical stirring or pumping type complete mixing systems typically exceeds 0.5 horsepower per 1,000 cubic feet of digestion volume.

b. Moderately mixed systems. For digestion systems where mixing is accomplished only by circulating sludge through an external heat exchanger, the system is normally loaded at less than 40 pounds of volatile solids per 1,000 cubic feet of volume per day in the active digestion volume. The design volatile solids loading should be established in accordance with the degree of mixing provided. Where mixing is accomplished by other methods, loading rates are determined on the basis of information furnished by the design engineer. Where low speed mechanical mixing devices are specified, more than one device is used unless other mixing devices are also provided.

1. Mixing. Aerobic sludge digestion reactors are conventionally designed for effective mixing and aeration. When aeration diffusers are used, they are normally of the type which minimizes clogging, and they should be designed to permit removal for inspection, maintenance and replacement without dewatering the tanks.

2. Multiple design. Multiple aerobic digesters are conventionally provided at treatment works having a design flow capacity of more than 0.5 MGD. The size and number of aerobic sludge digesters can be determined by rational calculations based upon such factors as of volume of sludge added, its percent solids and character, the required volatile solids reduction for stabilization, allowance for sludge and supernatant storage, and the minimum temperature of the digester contents. The capacity calculations usually include design digester temperature based on the type of mixing equipment and other factors. The following conventional design information will establish the minimum design capacities for provision of pathogen control and vector attraction reduction treatment by aerobic digestion facilities:

a. Hydraulic detention time. Digester volume may exceed 20% of the average design flow of the treatment works. The design digester volume can be increased up to 25% of the average design flow if the wastewater temperature will remain below 10°C (50°F) for an extensive period of time (60 days/year). The volatile solids loadings are typically in the range of one to two tenths (0.1 to 0.2) pounds of volatile solids per cubic foot per day. A reduction in conventional aerobic digester hydraulic detention time may be provided for treatment works designed to be operated in the extended aeration mode or coupled with additional stabilization processes.

b. Mixing energy. Energy input requirements for mixing should be in the range of 0.5 to 1.5 horsepower per 1,000 cubic feet, where mechanical aerators are utilized, and 20 to 30 standard cubic feet per minute per 1,000 cubic feet of aeration tank, where air mixing is utilized.

1. General design. Conventionally designed compost facilities receive treated dewatered sludge to be mixed with a bulking agent prior to composting. The conventional mixing operation should have sufficient capacity to properly process the peak daily waste input with the largest mixer out of operation. Volumetric throughput values used to establish necessary mixing capacity are typically based on the material volume resulting from the sludge to bulking agent ratio, or are estimated from previous experience or pilot scale tests.

The ability of all selected equipment to produce a compostible mix from sludge of an established moisture content, residual material and the selected bulking agent can be established from previous experience or pilot tests.

Except for windrow composting wherein mobile mixers are used, an area with sufficient space to mix the bulking agent and sludge or residuals and store half of the daily peak input should be provided. The mixing area is usually covered to prevent ambient precipitation from directly contacting the mix materials.

Where conveyors are used to move the compost mix to the composting area and or help provide mixing, sufficient capacity for handling of the mix with one conveyor out of operation is normally provided, or a backup method of handling or storing is available. Site runoff is typically directed to a storage or treatment facility. Capacity of the drainage system may provide for the 24-hour rainfall a peak rate expected once in 10 years.

2. Windrow method. The windrow composting site area requirements are conventionally based on the average daily compost mix inputs, a minimum detention time of 30 days on the compost pad, and the area required for operation of the mixing equipment. Sufficient compost mix handling equipment is usually provided to turn the windrows daily.

3. Aerated-static pile. The size of a conventional static pile compost area is based on the average daily compost mix inputs, along with storing base and cover material. The area size should provide for a composting time of 21 days, unless the applicant, through previous experience or pilot scale studies establishes that less time is necessary to achieve the pathogen control and vector attraction requirements. A biosolids compost mix should be configured to provide adequate aeration of the mix using either positive or negative pressure for air flow through the piles. In addition, site area space is provided to allow loader movement between daily pile sections and for access roads.

Sufficient aeration blower capacity is typically provided to deliver the necessary air flow through the static pile compost mix, but the delivered air flow usually exceeds an aeration rate of 500 cubic feet per hour per dry ton (CFH/DT). Where centralized aeration is utilized, multiple blower units are provided and arranged so that the design air requirement can be met with the largest single unit out of service. Where individual blowers are used, sufficient numbers of extra blowers are provided so that the design air requirement can be met if 10% or more of the blower capacity is unavailable. For facilities which are not continuously manned, the blower units may be equipped with automatic reset and restart mechanisms or alarmed to a continuously manned station, so that they can quickly be placed back into operation after periods of power outage.

4. Confined composting methods (in-vessel or totally enclosed). Due to the large variation in composting processes, equipment types, and process configuration characteristic of currently available confined systems, it is not feasible to establish conventional design information. However, a conventionally designed confined composting system can be established from previous operating experience or pilot scale studies. Biosolids removed from a conventionally designed reactor or compost process, following the manufacturer's suggested residence time, would have an equivalent or higher degree of pathogen control and vector attraction reduction than would be achieved after 21 consecutive days of conventional design aerated static pile composting operation.

5. Storage. Storage for curing or drying biosolids compost is usually provided if compost is to be recycled for public use. When dry compost is used as a bulking agent screening is not typically provided. Consideration should be given to covering the drying area. If a cover is provided, it can be designed so that sunlight is transmitted to the composting materials while preventing direct contact with ambient precipitation. Efficient drying may be accomplished by drawing or blowing air through the compost mixture or by mechanical mixing of shallow layers with stationary bucket systems, mobile earth moving equipment, or rotating discs.

Storage areas should provide for up to six months storage of biosolids compost with a similar storage period for bulking materials.

E. Heat stabilization. The design of heat treatment systems is conventionally based on the anticipated sludge flow rate (gpm) with the required heat input dependent on sludge characteristics and concentration. The system may be designed for continuous 24-hour operation to minimize additional heat input to start up the system. Measures for the adequate control of odors should be provided.

Multiple units should be provided unless nuisance-free storage or alternate stabilization methods are available. Multiple units are preferred to avoid disruption to treatment works operation when units are not in service. If a single system is provided, use of standby grinders, fuel pumps, air compressor (if applicable) and dual sludge pumps is normally provided. A reasonable downtime for maintenance and repair based on data from comparable facilities is typically included in the design. Adequate storage for process feed and downtime shall be included.

The conventional heat treatment process provides sludge stabilization in a reaction vessel within a range of 175°C or 350°F for 40 minutes to 205°C or 400°F for 20 minutes at pressure ranges of 250 to 400 psig, or provide for pasteurization at temperatures of 30°C or 85°F or more and gage pressures of more than one standard atmosphere (14.7 psia) for periods exceeding 25 days.

The conventional heat drying system involves either direct or indirect contact between a dewatered sludge cake and hot gases in order to reduce the moisture content of the cake to 10% or less. The sludge cake temperature is typically 800°F or more during this process.

F. Incineration. Sludge incinerator ash may be used as either a material additive, or an ingredient for the manufacture of construction materials and other products. Due to the large variation in incineration processes, equipment types, and configurations characteristic of currently available incineration systems, it is not feasible to describe a conventional design. Design of these systems should be based on pilot plant studies or data from comparable facilities.

G. Alkaline stabilization. The three design parameters typically considered fundamental for design of an alkaline stabilization system include: pH, contact time, and mixture temperature.

The alkaline additive dosage required to produce biosolids is determined by the type of sludge, its chemical composition, and the solids concentration. Performance data taken from pilot plant test programs or from comparable facilities should be used in determining the proper dosage.

The conventional design objective is to furnish uniform mixing in order to maintain a pH of 12 or above for two hours or more in the alkaline additive-sludge mixture. The conventional design for accomplishing Class II treatment biosolids (Article 3 of this part) would include adequate means to:

2. Bring the alkaline additive-sludge mixture pH to the design objective or provide a mixture pH of 12.5 or more and maintain the mixture pH above 12.5 for 30 minutes.

3. The sludge shall not be altered or further distributed for two hours after alkaline treatment.

Class I treatment is achieved when the pH and contact time objectives described in 12VAC5-585-520 are accomplished with a temperature of the alkaline-sludge mixture of more than 52°C and the mixture is maintained at a sufficient temperature over a measured contact period to ensure pasteurization.

Pasteurization vessels are conventionally designed to provide for a minimum retention period of 30 minutes. The means for provision of external heat should be specified.

H. Chlorine stabilization. The production of biosolids through high doses of chlorine would be considered on a case-by-case basis.

I. Other stabilization processes. Other processes for conventional production of biosolids can be considered in accordance with available performance data.

Derived from VR355-17-200 §3.1, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997.

Prior to conventional treatment of biosolids, thickening should be provided to reduce volume and to condition the raw sludge flow.

A. General. Where mechanical dewatering equipment is employed, at least two units are conventionally provided unless adequate storage (separate or in-line) or an alternative means of sludge handling is provided. Whenever performance reliability and sludge management options are dependent on production of dewatered sludge, each of the mechanical dewatering equipment provided should be designed to operate for less than 60 hours during any six-day period. The facility shall be able to dewater in excess of 50% of the average design sludge flow with the largest unit out of service. The requirements for excess capacity will depend upon the type of equipment provided, peak sludge factor, and storage capability not otherwise considered.

Where mechanical dewatering equipment will not be operated on a continuous basis and the treatment works is without digesters with built-in short-term storage, separate storage can be provided.

In-line storage of stabilized or unstabilized sludge should not interfere with the design function of any of the treatment unit operations.

B. Rotary vacuum filtration. The conventional rates of vacuum filtration, in pounds of dry solids per square foot of filter area per hour, for various types of properly conditioned sludges are as follows:

C. Centrifugal dewatering. Successful application of centrifugation of municipal type sludges requires consideration of numerous factors. Conventional design can be based on scale-up data pertaining to the particular sludge to be dewatered. The abrasiveness of each sludge supply may be considered in scroll selection. Adequate sludge storage is typically provided for proper operation.

D. Plate and frame presses. Actual performance data developed from similar operational characteristics is typically utilized for design. The impact that anticipated sludge variability will have on the conventional design variables for the press as well as chemical conditioning may be addressed. Appropriate scale-up factors should be established for full size designs if pilot scale testing is done in lieu of full-scale testing.

E. Belt presses. Actual performance data developed from similar operational characteristics would be utilized for conventional design. The impact that anticipated sludge variability will have on the conventional design variables for the press as well as chemical conditioning should be addressed. A second belt filter press or an approved backup method of dewatering is normally provided whenever a single belt press is operated 60 hours or more within any consecutive five-day period or the average daily flow received at the treatment works equals or exceeds four MGD.

Appropriate scale-up factors may be established for full size designs if pilot plant testing is performed in lieu of full-scale testing.

Sludge management activities not specifically provided for through approval of design plans and specifications shall be described in a sludge management plan or an operation plan submitted by the owner or the owner's agent to the division for review and approval (see 12VAC5-585-140 H). Before sludge is utilized or disposed of, its potential effects on the land and state waters should be evaluated. Land application and facilities for biosolids use shall not result in flooding or pose a hazard to public health, wildlife, water quality, or other environmental resources as a result of biosolids transport due to flooding and subsequent runoff. Treatment works owners involved in biosolids use management practices may need to require pretreatment of industrial waste for control of contaminants of concern in order to comply with this chapter.

Article 2
Biosolids Use Standards

A. 12VAC5-585-460 through 12VAC5-585-500 provide minimum criteria which will be used for reviewing sludge management plans and operating plans. Each plan shall address site-specific management practices involving use of biosolids. Final disposition of sludge may involve use or disposal. For the purpose of 12VAC5-585-460 through 12VAC5-585-500, "use" shall include resource recovery, recycling or deriving beneficial use from the material. "Disposal" shall involve the final disposition of a waste material without resource recovery, recycling or deriving beneficial use from the material.

B. All practical use options should be evaluated before disposal options are evaluated or selected. Biosolids use practices include land application for agricultural, nonagricultural and silvicultural use and the distribution and marketing of exceptional quality biosolids. Sludge disposal methods include incineration, landfill codisposal, surface disposal, and other dedicated disposal practices, such as burial on dedicated disposal sites.

C. Water quality protection and monitoring provisions shall be included in all sludge management plans and operating plans, except for those land application practices designed for limited loadings (amounts per area per time period) within defined field areas in agricultural use. Groundwater monitoring requirements shall be evaluated by the commissioner for annual application of biosolids to specific sites, reclamation of disturbed and marginal lands and application to forest land (silviculture). Submittal of site-specific (soils and other) information for each identified separate field area shall be required for issuance of permits 12VAC5-585-130. For information regarding handling and disposal of septage, refer to the Sewage Handling and Disposal Regulations, 12VAC5-610. Septage treated and managed in accordance with standards contained in this chapter is defined as either sewage sludge or as biosolids as appropriate.

D. Conformance of biosolids use to local land use zoning and planning should be resolved between the local government and the permit applicant. The permit applicant shall attempt to notify land owners of property within 200 feet and 1,000 feet of the boundaries of sites proposed for frequent use and dedicated sites, respectively, and furnish the division and the chief executive officer or designee for the local government where the site is located with acceptable documentation of such notifications (i.e., intent to land-apply biosolids on the proposed locations). Relevant concerns of adjacent landowners will be considered in the evaluation of site suitability.

E. The requirements for processing approvals of sludge management plans and operational plans are included in 12VAC5-585-140 H as well as: (i) requirements for notification of applications, hearings and meetings, (ii) minimum information required for completion of a sludge management plan for land application (Part IV, 12VAC5-585-620 et seq.).

F. At least 15 days prior to commencing land application of biosolids at a permitted site, the permit holder shall deliver or cause to be delivered written notification that is substantially in compliance with this section to the chief executive officer or designee for the local government where the site is located. If the site is located in more than one county, the information shall be provided to all jurisdictions where the site is located. Sufficiency of such notices shall be determined by the division.

1. The name, address and telephone number of the permit holder, including the name of a representative knowledgeable of the permit;

2. Identification by tax map number and farm service agency (FSA) farm tract number of parcels on which land application is to take place;

3. A map indicating haul routes to each site where land application is to take place;

4. The name or title, and telephone number of at least one individual designated by the permit holder to respond to questions and complaints related to the land application project;

5. The approximate dates on which land application is to begin and end at the site;

6. The name and telephone number of the person or persons at the Virginia Department of Health to be contacted in connection with the permit;

7. The name, address, and telephone number of the wastewater treatment facility, or facilities, from which the biosolids will originate, including the name or title of a representative of the treatment facility that is knowledgeable about the land application operation.

H. Within 24 hours of receiving notification of a complaint, the permit holder shall commence investigation of said complaint. The permit holder shall confirm receipt of a complaint by phone, e-mail or facsimile to the division, the chief executive officer or designee for the local government, and the owner of the treatment facility from which the biosolids originated within 24 hours after receiving the complaint. Complaints and responses thereto shall be documented by the permit holder and submitted with monthly land application reports to VDH and copied to the chief executive officer or designee for the local government and the owner of the treatment facility from which the biosolids originated.

Derived from VR355-17-200 §3.5, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997; Volume 23, Issue 9, eff. February 9, 2007.

A. Sampling and testing sludge. Samples shall be collected so as to provide a representative composition of the sludge. Analytical testing shall be performed by a laboratory capable of testing in accordance with current EPA approved methods or other accepted methods. The operational section of this chapter establishes the minimum constituents which shall be analyzed and the sampling and preservation procedures which should be utilized. The sludge management plan or operational plan shall detail both the sampling and testing methods used to characterize the sludge.

B. Nonhazardous declaration. Regulations under the Resource Conservation and Recovery Act (RCRA) and the Virginia Hazardous Waste Management Regulations (9VAC20-60-10 et seq.) identify listed hazardous wastes and hazardous waste characteristics. Municipal wastewater or sewage sludge is neither excluded nor specifically listed as hazardous waste. Hazardous wastes as established through RCRA and appropriate state regulations are not managed under this chapter. The owner shall monitor sludge characteristics as required to determine if it is hazardous or nonhazardous and declare to the department that the sludge generated at his facility is nonhazardous.

C. Sludge treatment. Sludges shall be subjected to a treatment process sequence designed to reduce both the pathogen content and the solids content to the appropriate level for the selected method of management, such as land application. For such use options, the sludge treatment provided shall minimize the potential for vector attraction and prevent objectionable odor problems from developing during management. Acceptable levels of pathogen reduction may be achieved by various established conventional treatment methods including Class I treatment to accomplish Class A pathogen control and Class II treatment to accomplish Class B pathogen control 12VAC5-585-560. The level of pathogen control achieved by nonconventional treatment must be verified by microbiological monitoring (Table 3).

For land application, Class B pathogen, or better, shall be achieved. Such Class I or II treatment may involve either: anaerobic or aerobic digestion, high or low temperature composting, heat treatment, air drying, or chemical treatment processes utilizing alkaline additives or chlorine. For use of treated sludge or sludge products involving a high potential for public contact, it may be necessary to achieve further pathogen reduction (Class A) beyond that attained by the above processes. Such Class I treatment may be accomplished by (i) heat treatment and drying, (ii) thermophilic composting, (iii) alkaline treatment. A three-log reduction or more (a thousand-fold reduction) in pathogenic bacteria and viral microorganisms to meet conventional treatment standards. Raw sludge levels of pathogenic bacteria and viral microorganisms can be effectively reduced to safe levels by conventional Class I treatment methods.

Properly treated sludges can be safely utilized and should not create any nuisance problems when managed in accordance with approved sludge management or operating plans. A sludge that receives Class I or II treatment for adequate pathogen control and is treated or managed to properly reduce vector attraction and pollutants within acceptable levels (Table 8-A) is referred to as "biosolids." A Class I treated sludge with approved control of vector attraction and acceptable levels of pollutants (Table 8-B) is referred to as "exceptional quality biosolids."

D. Sludge composition. The characterization of sludge properties is a necessary first step in the design of a use/disposal system. Monitoring and testing for certain pollutants shall be achieved prior to specific use or disposal practices. For the purposes of this chapter, sludge management and testing methods shall account for moisture content including: (i) liquid sludge defined as sludges with less than 15% total solids, (ii) dewatered sludge normally defined as sludges with 15% to 30% total solids; (iii) dried sludge normally defined as sludges with more than 30% total solids.

Derived from VR355-17-200 §3.6, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

A. When land application of sludge is proposed, the continued availability of the land and protection from improper concurrent use during the utilization period shall be assured. A written agreement shall be established between the landowner and owner, with the information specified in Table A-1. The responsibility for obtaining and maintaining the agreements lies with the party who is the holder of the permit. Site management controls shall include access limitations relative to the level of pathogen control achieved during treatment. In addition, agricultural use of sludge in accordance with this chapter is not to result in harm to threatened or endangered species of plant, fish, or wildlife, nor result in the destruction or adverse modification of the critical habitat of a threatened or endangered species. Site-specific information shall be provided as part of the management or operating plan.

B. At least 48 hours prior to delivery of biosolids for land application on any site permitted under this chapter, the permit holder shall post a sign at the site that substantially complies with this section, is visible and legible from the public right-of-way, and conforms to the specifications herein. If the site is not located adjacent to a public right-of-way, the sign shall be posted at or near the intersection of the public right-of-way and the main site access road or driveway to the site. The department may grant a waiver to this or any other requirement, or require alternative posting options due to extenuating circumstances. The sign shall remain in place for at least 48 hours after land application has been completed at the site.

C. The sign shall be made of weather-resistant materials and shall be sturdily mounted so as to be capable of remaining in place and legible throughout the period that the sign is required at the site. Signs required by this section shall be temporary, nonilluminated, four square feet or more in area and shall only contain the following information:

2. The name and telephone number of the permit holder as well as the name or title, and telephone number of an individual designated by the permit holder to respond to complaints and inquiries;

3. Contact information for the Virginia Department of Health, including a telephone number for complaints and inquiries.

D. The permit holder shall promptly replace or repair any sign that has been removed from a land application site prior to 48 hours after completion of land application or that has been damaged so as to render any of its required information illegible.

Derived from VR355-17-200 §3.7, eff. January 25, 1995; amended, Virginia Register Volume 23, Issue 9, eff. February 9, 2007.

A. Transport routes should follow primary highways, should avoid residential areas when possible, and should comply with all Virginia Department of Transportation requirements and standards. Transport vehicles shall be sufficiently sealed to prevent leakage and spillage of sludge. For sludges with a solids content of less than 15%, totally closed watertight transport vehicles with rigid tops shall be provided to prevent spillage unless adequate justification is provided to demonstrate that such controls are unnecessary. The commissioner may also require certain dewatered sludges exceeding 15% solids content to be handled as liquid sludges. The minimum information for sludge transport which shall be supplied in the sludge management plan is listed in Part IV (12VAC5-585-620 et seq.).

B. The permit holder shall be responsible for the prompt cleanup and removal of biosolids spilled during transport to the land application site or to or from a storage facility. The operations manual shall include a plan for the prevention of spills during transport and for the cleanup and removal of spills. The permit holder shall ensure that its personnel, subcontractors or the drivers of vehicles transporting biosolids for land application shall be properly trained in procedures for spill removal and cleanup.

C. The permit holder shall take appropriate steps to prevent drag-out and track-out of dirt and debris or biosolids from land application sites onto public roads. Where material is transported onto a paved or public road surface, the road surface shall be cleaned thoroughly as soon as practicable, but no later than the end of each day.

D. The permit holder shall promptly report offsite spills to the Virginia Department of Health, the chief executive officer or designee for the local government and the owner of the facility generating the biosolids. The report shall be made verbally as soon as possible, but no later than 24 hours after the discovery of the spill. After business hours notification may be provided by voicemail, facsimile or e-mail.

E. A written report, which shall include a description of measures taken in response to the spill, shall be submitted by the permit holder to the Virginia Department of Health, the chief executive officer or designee for the local government and the owner of the facility generating the biosolids within five working days of the spill. The report may be sent by first class mail, facsimile or e-mail, or it may be hand delivered.

Derived from VR355-17-200 §3.8, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997; Volume 23, Issue 9, eff. February 9, 2007.

A. Three types of storage may be integrated into a complete sludge management plan including: (i) "emergency storage" involving immediate implementation of storage for any sludge which becomes necessary due to unforeseen circumstances, (ii) "temporary storage" involving the provision of storage of stabilized sludges at the land application site which becomes necessary due to unforeseen climatic events which preclude land application of biosolids in the day that it is transported from the generator, (iii) "routine storage" involving the storage of biosolids as necessary for all nonapplication periods of the year. Only routine storage facilities shall be considered a facility under this chapter.

B. Emergency storage. The owner shall notify the division upon implementation of any emergency storage. Approval of such storage and subsequent processing of the sludge and supernatant will be considered as a contingency plan integrated into the sludge management plan. Only emergency storage shall be used for storage of unstabilized sludges. Further processing utilization and disposal shall be conducted in accordance with the approved sludge management plan. Design and implementation of facilities used for emergency storage shall not result in water quality, public health or nuisance problems.

C. Temporary storage. The owner shall notify the division whenever it is necessary to implement temporary storage. Temporary storage may be utilized at the land application site due to unforeseen climatic factors which preclude application of sludge (either off-loaded at the site or in transport to the site) to permitted sites within the same working day. Temporary storage is not to be used as a substitute for routine storage and is restricted as follows:

1. Sludge stored at the site shall be land applied prior to additional off-loading of sludge at the same site;

2. The owner shall be restricted to storing a daily maximum amount of 100 wet tons per operational site;

3. The stored sludge shall be land applied within 30 days from the initiation of storage or moved to a routine sludge facility;

4. Approval of plans for temporary storage will be considered as part of the overall sludge management plan;

5. Temporary storage shall not occur in areas prone to flooding at a 25-year or less frequency interval;

6. A synthetic liner shall be required for placement under and over sludge stored in this manner with one exception: where sludge is stockpiled for less than seven days, a liner placed under the stored sludge is not required. Surface water diversions and other Best Management Provisions (BMP) should be utilized as appropriate; and

7. Temporary storage shall not result in water quality, public health or nuisance problems.

D. Routine storage. Routine storage facilities shall be provided for all land application projects if no alternative means of management is available during nonapplication periods. Plans and specifications for any surface storage facilities (pits, ponds, lagoons) or aboveground facilities (tanks, pads) shall be submitted as part of the minimum information requirements.

1. Location. The facility shall be located at an elevation which is not subject to, or is otherwise protected against, inundation produced by the 100-year flood/wave action as defined by U.S. Geological Survey or equivalent information. Storage facilities should be located to provide minimum visibility. All storage facilities with a capacity in excess of 100 wet tons and located off-site of property owned by the generator shall be provided with a minimum 750-feet buffer zone. The length of the buffer zone considered will be the distance measured from the perimeter of the storage facility. Residential uses, high-density human activities and activities involving food preparation are prohibited within the buffer zone. The commissioner may consider a reduction of up to ½ of the above buffer requirements based on such facts as lagoon area, topography, prevailing wind direction, and the inclusion of an effective windbreak in the overall design.

2. Design capacity. The design capacity shall be sufficient to store a minimum volume equivalent to 60 days or more average production of biosolids and the incidental wastewater generated by operation of the treatment works plus sufficient capacity necessary for: (i) the 25 year-24 hour design storm (incident rainfall and any runoff as may be present); (ii) net precipitation excess during the storage period; and (iii) an additional one foot freeboard from the maximum water level (attributed to the sum of the above factors) to the top berm elevation. Storage capacity of less than that specified above will be considered on a case-by-case basis only if sufficient justification warrants such a reduction. If alternative methods of management cannot be adequately verified contractors should provide for a minimum of 30 days of in-state routine storage capacity for the average quantity of sludge transported into Virginia from out-of-state treatment works generating at least a Class II level treated sludge.

3. Construction. Storage facilities shall be of uniform shape (round, square, rectangular) with no narrow or elongated portions. The facilities shall be lined in accordance with the requirements contained in sewerage regulations or certificate. The facilities shall also be designed to permit access of equipment necessary for loading and unloading biosolids, and should be designed with receiving facilities to allow for even distribution of sludge into the facility. Design should also provide for truck cleaning facilities as may be necessary. Storage facilities with a capacity of 100 wet tons or less shall comply with the provision for temporary storage as a minimum.

4. Monitoring. All sludge storage facilities in excess of 100-wet ton capacity shall be monitored in accordance with the requirements of this chapter. Plans and specifications shall be provided for such a monitoring program in accordance with the minimum information specified in Part IV (12VAC5-585-620 et seq.).

5. Operation. Only biosolids suitable for land application (Class A or B Biosolids) shall be placed into permitted routine storage facilities. Storage of biosolids located offsite or remote from the Wastewater Treatment Works during the summer months shall be avoided whenever possible so that the routine storage facility remains as empty as possible during the summer months. Storage facilities should be operated in a manner such that sufficient freeboard is provided to ensure that the maximum anticipated high water elevation due to any and all design storm inputs is not less than one foot below the top berm elevation. Complete plans for supernatant disposal shall be provided in accordance with Part IV (12VAC5-585-620 et seq.). Plans for supernatant disposal may include transport to the sewage treatment works, mixing with the biosolids for land application or land application separately. However, separate land application of supernatant will be regulated as liquid sludge; additional testing, monitoring and treatment (disinfection) may be required. The facility site shall be fenced to a minimum height of five feet; gates and locks shall be provided to control access. The fence should be posted with signs identifying the facility. The fence should not be constructed closer than 10 feet to the outside edge of the facility or appurtenances, to allow adequate accessibility.

6. Closure. An appropriate plan of closure or abandonment shall be developed by the permittee when the facility ceases to be utilized and approved by the commissioner. Such plans may also be reviewed by the Department of Environmental Quality.

7. Recordkeeping. A manifest system shall be developed, implemented and maintained and be available for inspection during operations as part of the overall daily recordkeeping for the project (Part IV, 12VAC5-585-620 et seq.).

Derived from VR355-17-200 §3.9, eff. January 25, 1995; amended, Virginia Register Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997.

A. All biosolids application rates, application times and other site management operations shall be restricted as specified in the approved management practices plan. The management practices plan shall include a nutrient management plan as required by 12VAC5-585-630 and prepared by a certified nutrient management planner as stipulated in regulations promulgated pursuant to §10.1-104.2 of the Code of Virginia.

B. Agricultural use. Agricultural use of sewage sludge is the land application of biosolids (Table 8) to cropland or pasture land to obtain agronomic benefits as a plant nutrient source and soil conditioner. This use shall require a system design which ensures that the land application procedures are performed in accordance with sound agronomic principles.

1. Sludge treatment. As a minimum, biosolids that are applied to the land or incorporated into the soil shall be treated by a Class II pathogen treatment process and shall be treated or managed to provide an acceptable level of vector attraction reduction.

2. Site soils. Soils best suited for agricultural use should possess good tilth and drainage capabilities, have moderate to high surface infiltration rates and moderate to slow subsoil permeability. Depth to bedrock or restrictive layers should be a minimum of 18 inches. Depth to the seasonal water table should exceed 18 inches as defined by the Soil Conservation Service soil survey. If such information is not available the water table depth may be determined by soil characteristics or water table observations. If the soil survey or such evidence indicates that the seasonal water table can be less than 18 inches below the average ground surface, soil borings shall be utilized within seven days prior to land application operations during periods of high water table for the soil series present, to verify that the 18-inch depth restriction is complied with during field operations. The use of soil borings and water table depth verification may be required for such sites from November to May (during seasonal high water table elevations) of each year depending on soil type. Constructed channels (agricultural drainage ditch) may be utilized to remove surface water and lower the water table as necessary for crop productions and site management.

The pH of the biosolids and soil mixture shall be 6.0 or greater at the time of each biosolids application if the biosolids cadmium concentration is greater than or equal to 21 mg/kg. The soil pH must be properly tested and recorded prior to land application operations during which a pH change of 1/2 unit or more may occur within the zone of incorporation (i.e., use of biosolids containing lime or other alkaline additives at 10% or more of dry solid weight).

a. Application rates and requirements. Process design considerations shall include sludge composition, soil characteristics, climate, vegetation, cropping practices, and other pertinent factors in determining application rates. Site specific application rates should be proposed using pertinent biosolids plant available nitrogen (PAN) and crop nutrient needs (agronomic rate listed in Table 11) and the cumulative trace element loading rates (Table 9). Lime amended biosolids shall be applied at rates which are not expected to result in a target soil pH in the plow layer above a pH of 6.5 for soils located in the coastal plain and above a pH of 6.8 in other areas of the state . Agricultural use of treated septage shall be in accordance with these requirements (Table 13). The biosolids application rate , application timing and all other site management practices shall be restricted to the following criteria in accordance with the approved management practices plan (12VAC5-585-630) , including the nutrient management plan, which may prescribe more restrictive site management practices than the following criteria:

(1) For infrequent applications, biosolids may be applied such that the total crop needs for nitrogen (Table 11 Agronomic Rate) is not exceeded (in order to minimize the amount of nitrogen that passes below the crop root zone to actually or potentially pollute groundwater), during a one year crop rotation period including the production and harvesting of two crops in succession within a consecutive 12-month growing season. However, the total application of biosolids shall not exceed a computed maximum loading of 15 dry tons per acre, unless a higher loading can be justified in relation to both the biosolids and the site characteristics, including the biosolids nutrient and dry solids content and the site slopes. No further applications of biosolids shall be allowed for a period of three years from the date that the agronomic rate is achieved for the crop or crops grown in the following 12 months.

(2) The infrequent application rate may be restricted: (i) down to 10% of the maximum cumulative loading rate (Table 9) for cadmium and lead (i.e., 2.0 kilograms per hectare (kg/ha) for cadmium); (ii) to account for all sources of nutrients applied to the site, including existing residuals.

(3) The infrequent application rate may also be restricted by the lime content of the biosolids.

(4) For systems designed for frequent application of biosolids (application of the PAN requirement for a normal crop rotation more frequently than once in every three years), the previous year's applied Biosolids nitrogen and mineralization rates (Table 12) and soil phosphorus levels, shall be considered in the design and proposed subsequent application rates. Acceptable nutrient management requirements shall be included in the management practices plan for all sites proposed for frequent at-agronomic application rates (12VAC5-585-630).

(5) Frequent below-agronomic application rate involves frequent applications of biosolids on permanent pasture or hay at less than the PAN requirement listed in Table 11. Frequent below-agronomic application rates shall be calculated using one of the following options:

(a) A maximum of 70% of the nitrogen requirement of the permanent pasture or hay crop can be applied on an annual basis. The 70% application rate shall be calculated after accounting for the previous two years' applied biosolids nitrogen mineralization rates.

(b) A maximum of 50% of the nitrogen requirement of the permanent pasture or hay crop can be applied on an annual basis. It is not necessary to account for the previous two years' applied biosolids nitrogen mineralization rates under this option.

For systems designed for frequent below-agronomic rates, surface and groundwater monitoring shall not be required. Soil phosphorus levels shall be considered in the design of proposed subsequent application rates. On warm-season grasses and alfalfa, no application shall be made between September 15 and March 15.

b. Standard slopes and topography. Management practices specifying uniform application of biosolids at approved rates should be established in accordance with standard slopes. Agronomic practices and crop growth on sites with slope of not greater than 7.0% will provide acceptable protection of surface water quality during the active growing season. If biosolids are applied to site slopes greater than 7.0% during the period of November 16 of one year to March 15 of the following year certain Best Management Practices (BMP's) should be utilized (see subdivision 3 c (1) of this subsection). Biosolids should be directly-injected into soils on sites exhibiting erosion potential unless other best management practices are utilized to minimize soil erosion and the potential of nonpoint runoff. Biosolids shall not be applied to site slopes exceeding 15%. Biosolids shall be direct-injected or incorporated (mixed within the normal plow layer within 48 hours) if: (i) applied on sites with less than 60% uniform residue cover (stalks, vines, stubble, etc.) within any portion of the site; or (ii) applied to soils during periods of time soils may be subject to frequent flooding as defined by soil survey information.

(1) Field management. The application rate of all application equipment shall be routinely measured as described in an approved sludge management plan and every effort shall be made to ensure uniform application of biosolids within sites in accordance with approved maximum design loading rates. Liquid sludges shall not be applied at rates exceeding 14,000 gallons per acre, per application. Sufficient drying times shall be allowed between subsequent applications. Application vehicles should be suitable for use on agricultural land. Pasture and hay fields should be grazed or clipped to a height of approximately four and six inches, respectively, prior to biosolids application unless the biosolids can be uniformly applied so as not to mat down the vegetative cover so that the site vegetation can be clipped to a height of approximately four inches within one week of the biosolids application. If application methods do not result in a uniform distribution of biosolids, additional operational methods shall be employed following application such as dragging with a pasture harrow, followed by clipping if required, to achieve a uniform distribution of the applied biosolids.

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

In accordance with the management practices plan, when biosolids are applied to site slopes greater than 7.0% between the period of November 16 of one year, and March 15 of the following year, one of the following practices shall be used to prevent runoff and soil loss:

(a) Biosolids are surface applied or subsurface injected beneath an established living crop such as hay, pasture, or timely planted small grain or cover crop;

(b) Biosolids are surface applied or subsurface injected so that immediately after application the crop residue still provides at least 60% soil surface coverage; or

(c) Biosolids are applied by surface application or subsurface injection and the site is operated in compliance with an existing soil conservation plan approved by the U.S.D.A. Natural Resource Conservation Service and will remain in compliance after any subsequent tillage operation to incorporate the biosolids.

In accordance with the management practices plan , if site slopes exceed 5.0% up to 7.0%, biosolids can be applied by surface application or subsurface injection followed by: (i) incorporation within 48 hours of application if crop residue still provides at least 30% soil surface coverage immediately following incorporation, or (ii) ridge tilling or chisel plowing within 48 hours of application; during the period of November 16 to March 15 of the following year. The site should be chisel plowed or ridge tilled predominately along the contour so that uniform parallel ridges of four inches or greater are created that will improve soil roughness and reduce runoff. Consideration should also be given to the use of similar practices on slopes of 5.0% or less when feasible for applications during the late fall and winter.

(2) Restrictions. Biosolids application shall not be made during times when the seasonal high water table of the soil is within 18 inches of the ground surface. Biosolids may only be applied to snow covered ground if the snow cover does not exceed one inch and the snow and biosolids are immediately incorporated within 24 hours of application. Liquid sludges may not be applied to frozen ground. Dry or dewatered sludges may be applied to frozen ground only if: (i) site slopes are 6.0% or less; (ii) a 200-foot vegetative (i.e., at least 60% uniformly covered by stalks or other vegetation) buffer is maintained from surface water courses; and (iii) the entire application site has uniform soil coverage of at least 60% with stalks, vines, stubble, or other vegetation and the site soils are characterized as well drained in accordance with the nutrient management plan.

In accordance with the management practices plan, when biosolids are land applied between March 15 and September 1, crop planting following biosolids application should occur within a 30-day period. When biosolids are applied to sites between September 1 and November 16, an agronomically justified crop capable of trapping plant available nitrogen such as small grain shall be planted within 45 days of the application of biosolids or prior to November 16, whichever comes first, or an established cool season grass sod or timely planted small grain crop shall be present. The crop planted should be capable of germination and significant growth before the onset of winter so the plant is able to use available nitrogen released by the biosolids.

On sites with a high leaching index (greater than 10) as defined by the Department of Conservation and Recreation, an established cool season grass or timely planted small grain crop should be present when biosolids are applied to such sites between November 16 and December 21 in accordance with the nutrient management plan. Biosolids should not be applied any earlier than 30 days prior to spring planting on environmentally sensitive sites in accordance with the nutrient management plan.

(1) Setback distances. If slopes are greater than 7.0% and biosolids will be applied between November 16 and March 15, setback distances to perennial streams and other surface water bodies shall be doubled. The location of land application of biosolids shall not occur within the following minimum buffer zone requirements:

The stated buffer zones to adjacent property boundaries and drainage ditches constructed for agricultural operations may be reduced by 50% for subsurface application (includes same day incorporation) unless state or federal regulations provide more stringent requirements. Written consent of affected landowners is required to reduce buffer distances from property lines and dwellings. In cases where more than one buffer distance is involved, the most restrictive distance governs. Buffer requirements may be increased or decreased based on either site specific features, such as agricultural drainage features and site slopes, or on biosolids application procedures demonstrating precise placement methods.

(2) Extended buffer setback distances. 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 buffer zone setback distances when necessary to protect odor sensitive receptors. When necessary, buffer zone setback distances from odor sensitive receptors may be extended to 400 feet or more and no biosolids shall be applied within such extended buffer zones. In accordance with 12VAC5-585-260, the commissioner may impose standards and requirements that are more stringent when required to protect public health and the environment, or prevent nuisance conditions from developing, either prior to or during biosolids use operations.

e. Monitoring and testing. Groundwater and surface water and soils monitoring and testing may be required by the department, or the local monitor with approval of the department for any frequent application sites (reach agronomic rate more than once in three years) for which a potential environmental or public health concern is identified by the commissioner in accordance with this chapter (12VAC5-585-320). Groundwater monitoring and testing should not be required for infrequent application of biosolids.

C. Forestland (Silviculture). Silvicultural use includes application of biosolids to commercial timber and fiber production land, as well as federal and state forests. The forestland may be recently cleared and planted, young plantations (two-year-old to five-year-old trees) or established forest stands.

2. Site suitability. Site suitability requirements should conform to subdivision A 2 of this section. The soil pH should be managed at the natural soil pH for the types of trees proposed for growth.

a. Application rates. Biosolids application rates shall be determined by the division in accordance with the provisions of the management practices plan and information provided by the Virginia Department of Forestry.

(a) High pressure spray shall not be utilized if public activity is occurring within 1,500 feet downwind of the application site. Public access to the site shall be adequately limited or controlled following application (Article 3 of this part).

(b) The operations should only proceed when the wind velocity is less than or equal to 15 miles per hour. When high pressure spray is used windless conditions are preferred for such operations.

(d) Application scheduling should take into account high rainfall periods and periods of freezing conditions.

(e) Monitoring requirements shall be site specific and may include groundwater, surface water or soils, for frequent application sites.

(2) Buffer zones. Buffer zones should conform to those for agricultural utilization. Refer to Table 2.

D. Reclamation of disturbed land. Biosolids applied at rates exceeding the agronomic rate may reclaim disturbed land in one or more of the following ways: (i) surface or underground mining operations, (ii) the deposition of ore processing wastes, (iii) deposition of dredge spoils or fly ash in construction areas such as roads and borrow pits. Reclamation of disturbed land is within the jurisdiction of the Virginia Department of Mines, Minerals and Energy. That department should be contacted concerning issuance of a permit for these operations. The land reclamation operation plan should be prepared with the assistance of the Virginia Department of Conservation and Recreation, the Soil Conservation Service and the Virginia Cooperative Extension Service.

2. Site suitability. Site suitability requirements should conform to subdivision A 2 of this section. Exceptions may be considered on a case-by-case basis.

a. Application rates. The application rates shall be established in the management practices plan through recommendations provided by appropriate agencies including the Virginia Department of Mines, Minerals and Energy and the appropriate faculty of the Department of Crop and Soil Environmental Sciences of the Virginia Polytechnic Institute and State University.

b. Vegetation selection. The land should be seeded with grass and legumes even when reforested in order to help prevent erosion and utilize available plant nitrogen. The management practices plan should include information on the seeding mixture and a detailed seeding schedule.

(1) The soil pH should be maintained at 6.0 or above if the cadmium level in the biosolids applied is at or above 21 mg/kg. during the first year after the initial application. Soil samples should be analyzed by a qualified laboratory. The application rate shall be limited by the most restrictive cumulative trace element loading (Table 9).

(2) Surface material should be turned or worked prior to the surface application of liquid biosolids, to minimize potential for runoff, since solids in liquid sludge can clog soil surface pores.

(3) Unless the applied biosolids are determined to be Class A or have been documented as subjected to Class I treatment, crops intended for direct human consumption shall not be grown for a period of three years following the date of the last sludge application, unless the crop is tested to verify that the crop is not contaminated. No animals whose products are intended for human consumption may graze the site or obtain feed from the site for a period of six months following the date of the last biosolids application, unless representative samples of the animal products are tested after grazing and prior to marketing to verify that they are not contaminated.

Derived from VR355-17-200 §3.10, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997; Errata, 14:2 VA.R. 352 October 13, 1997; amended, Virginia Register Volume 24, Issue 5, eff. December 17, 2007.

A. Exceptional quality. Distribution or marketing provides for the sale or distribution of exceptional quality biosolids or mixtures of Class I treated biosolids with other materials such that the mixture achieves the Class A pathogen control standard. Distribution or marketing of Class I treated biosolids which have been mixed with inert materials may be approved on a case-by-case basis. Inert materials shall not contain pathogens or attract vectors. Use of such mixtures for agricultural purposes should be evaluated through proper testing or research programs designed to access the suitability of the material for such use. Exceptional quality biosolids marketed as fertilizers or soil conditioners, must be registered with the Virginia Department of Agriculture and Consumer Services. The permit applicant shall obtain such registration prior to issuance of a permit by the commissioner for residential, agricultural, reclamation or silvicultural use.

1. Because of the high potential for public contact with distributed and marketed sludge or sludge products, only biosolids processed to meet criteria specified for Class I treatment process sequences designed to eliminate or further reduce pathogens (PFRP), shall be sold or given away for application to land. In addition, the biosolids must meet vector attraction reduction requirements, and other quality standards (Table 9) as required for the intended use.

2. Exceptional quality biosolids may be distributed and marketed in either bulk amounts (unpacked) or as a bagged product. For purposes of this chapter, a bulk use quantity of biosolids will be defined as a volume of that sludge product containing 15 dry tons or more of sewage sludge. Application of bulk use quantities of exceptional quality biosolids to home vegetable gardens shall not exceed an equivalent annual loading rate of approximately one pound dry weight of biosolids per square foot (garden products may constitute a significant portion of a family diet and the amount of applied biosolids cannot be specifically controlled as in agricultural use). Exceptional quality biosolids can ideally be used as soil amendments for horticulture and landscaping purposes such as:

b. Use for seed beds, for establishment of grass and other vegetation and for topdressing of existing lawns and landscape vegetation.

3. Only exceptional quality biosolids produced from an approved sludge processing facility can be distributed and marketed. Biosolids sold for use as soil amendments or fertilizers must be registered with the Virginia Department of Agriculture and Consumer Services. Approved sludge processing facilities are those facilities constructed and operated in compliance with required permits. Approved methods of Class I processing for biosolids for distribution or marketing include, but may not be limited to, the methods described in Article 3 of this part.

B. Permits. Any owner who proposes to distribute or market exceptional quality biosolids or materials derived from Class I biosolids (distributor), including soil additives or compost in bulk use quantities, shall be required to obtain a written approval issued by the State Health Commissioner The derived material shall achieve acceptable vector attraction reduction standards and contain acceptable levels of solids and pollutant concentrations in accordance with this chapter. A permit for distribution or marketing is not required provided that an operation permit has been issued for land application of the processed material as part of either an approved sludge management plan (12VAC5-585-140 H) or an approved operation plan (12VAC5-585-240). Approval of the distribution of bulk use quantities of exceptional quality biosolids is not required for a holder of a valid permit that authorizes distribution in bulk use quantities. All requests for bulk use approval shall be directed initially to the appropriate field office of the department. The Virginia Department of Environmental Quality, the Virginia Department of Agriculture and Consumer Services and the Virginia Department of Conservation and Recreation may participate in the review of such permits involving land application. An operation permit for distribution of bulk use quantities of biosolids will require the submittal and review of an acceptable distribution information sheet as described in this chapter. The approval of a distribution information sheet for bulk use quantities of exceptional quality biosolids will be issued in the form of a letter of approval of such use by the department's field offices or the Division of Wastewater Engineering.

The permittee shall maintain records on the sludge processing facility operation, maintenance and laboratory testing. Records shall be maintained for all samples to include the following: (i) the date and time of sampling, (ii) the sampling methods used, (iii) the date analyses were performed, (iv) the identity of the individual obtaining each sample and the analysts, (v) the results of all required analyses and measurements. The records shall include all data and calculations used and shall be available to the department for inspections at reasonable times. All required records shall be kept for a minimum of five years.

C. Information furnished to all users. Biosolids distributed for public use in Virginia shall have proper identification of the producer and a description of the product including an acceptable statement of quality based on representative analytical testing. This information shall be provided by the owner in either brochures for bulk distribution or by proper labeling on bagged material. Labeling requirements should be addressed in a management plan or in the operation and maintenance manual for the processing facility.

Information provided to users of marketed or distributed biosolids should note the following: (i) the nutrient content, (ii) the acceptable land application rates, (iii) the CCE value, the pH, (iv) to follow the stated directions for use, and (v) that for any uses not specified the user should contact the distributor at a listed address or telecommunications number.

D. Distribution information. Distribution information should be maintained by the sludge processing facility owner or holder of an operation permit for distribution or marketing (distributor) and completed by any single biosolids distributor or user receiving bulk use quantities of marketed or distributed biosolids of more than 50 cubic yards during a period of 24 consecutive hours or less. Copies of this information should be maintained by the sludge processing facility or distributor and be made available upon request by the division. These records should include the following information, as a minimum:

Only the information listed in subdivisions 1 through 4 shall be necessary for submission by a biosolids distributor.

The department reserves the right to prohibit the distribution of bulk use quantities of biosolids when it appears that such distribution is being accomplished in such a manner so as to circumvent the foregoing requirements.

E. Other uses. The use of a nonhazardous sewage sludge product, such as incinerator ash, will be evaluated on a case-by-case basis as provided for by this chapter.

Derived from VR355-17-200 §3.11, eff. January 25, 1995; amended, Virginia Register, Volume 11, Issue 24, eff. September 20, 1995; Volume 13, Issue 26, eff. October 15, 1997.

Permits for sludge disposal practices will be issued through other state and federal regulations and are not subject to this chapter. Such practices may include:

1. Incineration. Emission quality control requirements will be established in accordance with state and federal regulations. The generated ash is required to be properly managed in accordance with local, state and federal regulations. Applicable regulatory requirements in addition to this chapter may involve permits issued by the appropriate state and federal agencies. Buffer separation requirements will be established on a site specific basis in accordance with the applicable regulations.

2. Landfill. Management of stabilized sludge suitable for topdressing of completed landfill areas will be subject to state and federal regulations. Codisposal of sludge within municipal solid waste landfills is subject to state and federal regulation. Codisposal requirements have included:

b. Dewatering of sludges by methods designed to achieve a suspended solids level of 20% or more, or a treated sludge sample passes the paint filter test standards for free water.

3. Lagooning (surface disposal). When these facilities are closed by burying the wastes in place, they may be considered to be surface disposal sites. A closure plan shall be provided to the appropriate agencies.

4. Dedicated sites. The primary purpose of surface disposal sites is to allow frequent long-term sludge application at a single location at amounts which exceed agronomic rates but not for the purpose of reclaiming disturbed soils. Sludge disposal operations on dedicated sites will be subject to local, state and federal regulations including site management practices. Permits will be issued through state and federal regulations to protect public health and the quality of state waters. Any dedicated site may be subject to local zoning requirements and may be recorded as a dedicated site in the appropriate circuit court deed book (Table A-3).

Derived from VR355-17-200 §3.12, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

Article 3
Agricultural Use of Biosolids

A. Standards for agricultural use of sewage sludge as biosolids have been established such that the concentrations of sludge contaminants released to the environment will not exceed the human health and environmental quality criterion for the relevant exposure pathways.

1. Sludge characteristics as determined from sampling and testing as well as control of sewer use.

2. Sludge treatment (stabilization) in relation to process design and operational controls (Table 3).

3. Site management in relation to land application of biosolids for agronomic use, including: (i) operational methods, (ii) access restrictions, and (iii) buffer restrictions.

4. Crop management in relation to land application of biosolids and crop rotation, including: (i) application rate determinations, (ii) crop use restrictions.

5. Standards for biosolids characteristics including: (i) nutrient concentrations, (ii) heavy metal concentrations, (iii) organic chemical concentrations, and (iv) lime content/pH characteristics.

6. Standards for processing biosolids involving treatment process sequences for: (i) pathogen reduction treatment, and (ii) reduction of organic matter to minimize odors and reduce vector attraction.

12VAC5-585-550. Biosolids characteristics; nutrients; trace elements; organic chemicals.

A. The primary agronomic value of biosolids, the nutrient content, shall be established prior to agricultural use. The applied nitrogen and phosphorous content of biosolids shall be limited to amounts established to support crop growth. Nitrate nitrogen developed as a result of biosolids application shall be controlled in order not to accumulate in groundwater as a pollutant. Thus, the amount of biosolids applied to land shall be restricted based on the nitrogen requirements of the crop grown on the amended site immediately following application (agronomic rate). In addition, soil erosion and site runoff should not result in phosphorous pollution of surface waters as a result of surface application of biosolids. The results of approved groundwater monitoring programs may be utilized to verify frequent application rates.

B. The heavy metal content of biosolids may restrict the application rate below the agronomic rate. However, municipal biosolids would not normally contain excessive heavy metal concentrations unless a significant amount of a high metal content wastewater without pretreatment is routinely discharged into the municipal system. If a biosolid contains heavy metal concentrations below the ceiling values listed in Table 8, or is processed and evaluated as exceptional quality biosolids, the application rate for agricultural use shall be unrestricted up to the agronomic rate for infrequent applications. The accumulated amount of trace elements can restrict the application rate for frequent applications of biosolids.

C. Municipal biosolids can contain synthetic organic chemicals from industrial wastewater contributions and disposal of household chemicals and pesticides. Municipal biosolids typically contain very low levels of these compounds; however, biosolids may be required to be tested for certain toxic organic compounds prior to agricultural use (Table 13). If performed and validated, these test results shall be utilized to evaluate the maximum allowable annual loading rate for the tested biosolids. If analytical test results verify that biosolids contains levels of organic chemicals exceeding concentration limits incorporated in federal regulations or standards, appropriate restrictions shall be imposed for agricultural use of that biosolid.

Derived from VR355-17-200 §3.14, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

A. Stabilization. Biosolids treatment processes are primarily designed to increase the solids content of the biosolids by separation and removal of liquid and are designed to stabilize the solid fraction through biochemical conversions that inactivate pathogens and reduce vector attraction characteristics and the potential for odor production. Such treatment should be designed to improve the characteristics of the biosolids for a particular use/disposal practice, increase the economic viability of using a particular practice and reduce the potential for public health, environmental and nuisance problems.

B. Class I treatment. Class I treatment may be achieved by process sequences to further reduce (PFRP) or eliminate pathogens, i.e., Class A pathogen control. Class I treatment methods reduce all pathogens potentially contained in biosolids or septage to a level below specified limits (Table 3). Class A microbiological standards and an acceptable solids content shall be achieved at the time biosolids are used or prepared for distribution or marketing in accordance with the appropriate management practices specified in this chapter. Class I treatment processes should include one or more of the following operations:

1. Heat treatment. The temperature of the biosolids that is used or disposed is maintained at a specific value for a specified period of time:

a. When the percent solids of the biosolids is 7.0% or higher, the temperature of the biosolids shall be 50°C or higher; the time period shall be 20 minutes or longer; and the temperature and time period shall be determined using equation B-1, except when small particles of biosolids are heated by either warmed gases or an immiscible liquid.

b. When the percent solids of the biosolids is 7.0% or higher and small particles of biosolids are heated by either warmed gases or an immiscible liquid, the temperature of the biosolids shall be 50°C or higher; the time period shall be 15 seconds or longer; and the temperature and time period shall be determined using equation B-1.

c. When the percent solids of the biosolids is less than 7.0% and the time period is at least 15 seconds, but less than 30 minutes, the temperature and time period shall be determined using equation B-1.

d. When the percent solids of the biosolids is less than 7.0% the temperature of the biosolids is 50°C or higher; and time period is 30 minutes or longer, the temperature and time period shall be determined using equation B-2.

e. The temperature of the biosolids is maintained at 70°C or higher for a time period of 30 minutes or longer (Pasteurization).

2. Heat drying. A process wherein dewatered biosolids cake is dried by direct or indirect contact with hot gases and the biosolids moisture content is reduced to 10% or lower. Direct drying is achieved when the biosolids particles reach temperatures of 80°C or higher. Indirect drying may involve the temperature of the gas stream measured at the point where the gas stream leaves the dryer. Indirect drying may be achieved when the wetbulb temperature of the gas stream leaving the dryer is in excess of 80°C or the biosolids particles reach temperatures of 80°C or higher.

3. Thermophilic composting. A process using the within-vessel composting method which maintains a treated biosolids temperature of 55°C or greater for three days. A process using the static aerated pile composting method which maintains a treated biosolids temperature of 55°C or greater for three days. A process using the windrow composting method which maintains a treated biosolids temperature at 55°C or greater for at least 15 days during the composting period, and during the indicated high temperature period, there is a minimum of five turnings of the windrow. Operating temperatures are measured at the depth of 30 cm from the surface of the compost mixture. As thermophilic composting processes are less efficient in destroying pathogens than other disinfection processes an additional storage of processed compost up to 30 days or more may be necessary to achieve an adequate level of vector attraction reduction as verified by testing prior to final disposition (Table 3).

4. Thermophilic aerobic digestion. Liquid biosolids consisting of 50° or more waste biological liquid by dry weight, is agitated with air or oxygen to maintain one mg/l or more dissolved oxygen at mid-depth, during a mean cell residence time of 10 days or more at 55°C or more.

5. Alkaline (PFRP) stabilization. Thorough blending of an alkaline additive to digested biosolids in sufficient quantities to produce a mixture pH of 12 or more for a period of 72 hours or more with one of the following: (i) mixture temperature of 55°C for a minimum period of 12 hours, (ii) mixture temperature of 70°C or more for a minimum period of 30 minutes or more. Such treatment may be followed by storage for an acceptable period of time to dry the mixture to an adequate dry solids content. Alkaline addition to undigested biosolids will be considered on a case-by-case basis with extensive monitoring used to verify the level of pathogen control achieved.

6. Chlorine oxidation. A process of introducing high doses of chlorine (1,000 mg/l to 3,000 mg/l) into the biosolids stream under low pressure (30 psig or more) producing a biosolids pH of four or less in order to achieve Class A microbiological standards (Table 3), followed by acceptable drying to achieve a suspended solids content of 30% or more.

7. Alternative equivalent stabilization processes. The process operating parameters for alternative equivalent stabilization processes (PFRP) should be addressed, case-by-case, based on division evaluation of the results of adequate monitoring and testing programs (Table 3), with input from the USEPA staff, i.e., the Pathogen Equivalency Committee.

C. Class II treatment. Class II Treatment may be achieved by Process Sequences to Significantly Reduce Pathogens (PSRP), i.e., Class B Pathogen Control. Class II treatment methods reduce bacteria (fecal coliform, fecal streptococci, enterococci) found in the treated biosolids or septage 1 logs or more (32 fold) below the densities found in the raw biosolids to achieve a density of (6.3 log10 per gram of total solids or less (Table 3)). Class B microbiological standards shall be achieved at the time the biosolids are removed and transported for land application in accordance with the management practices specified. Class II treatment processes may include one or more of the following operations:

1. Anaerobic digestion. A process whereby biosolids are maintained in an anaerobic environment for a mean cell residences period ranging from 60 days at 20°C to 15 days at 35°C.

2. Aerobic digestion. A process of agitating biosolids with air or oxygen to maintain aerobic conditions for a mean cell residence period ranging from 60 days at 15°C to 40 days at 20°C.

3. Low-temperature composting. A process using the within-vessel, aerated static pile or windrow composting methods, whereby the temperature of treated biosolids is maintained at a minimum of 40°C for five days. For four hours during this period the operating temperature of the treated biosolids exceeds 55°C. Additional storage of processed compost for 30 days or more may be necessary to provide the necessary level of vector attraction reduction prior to final disposition.

4. Alkaline (PSRP) stabilization. A process where sufficient alkaline additive is blended with unstabilized biosolids to produce a minimum mixture pH of 12 after two hours of contact and a pH of 11.5 or more for 22 additional hours or more, with storage for a period sufficient to produce an acceptable dry solids content as necessary for the method of final disposition.

5. Air drying. Biosolids treated by methods similar to those listed above, but not meeting Class II treatment standards are dried on sand beds or in basins with underdrains for a minimum period of three months, during which time the ambient daily temperature exceeds 0°C and a dried biosolids are produced.

D. Additional treatment methods to provide disinfection of treated biosolids. Pathogen treatment processes may be enhanced by providing additional treatment methods to eliminate parasitic worms and ova (EH process sequence). Any of the processes listed below, if added to stabilization processes described previously, will further lower pathogens. Because these processes, when used alone, do not reduce nuisance odors and the attraction of vectors, they are considered to be supplementary to typical stabilization and pathogen treatment processes.

1. Beta Ray Irradiation. A process involving the irradiation of biosolids with beta rays at dosages of at least one megarad at 2°C.

2. Gamma Ray Irradiation. A process involving the irradiation of biosolids with gamma rays from certain isotopes, such as 60Cobalt and 137Cesium, at dosages of at least 1.0 megarad at 20°C.

E. Vector attraction reduction parameters. One of the appropriate vector attraction reduction requirements shall be achieved and Class A or B pathogen control obtained when bulk biosolids are applied to agricultural land, forest, a public contact site, reclamation site, lawn or home gardens. One of the appropriate vector attraction reduction requirements shall be met when Class A biosolids are sold or given away in a bag or other container for application to the land. The following operational methods will achieve the necessary vector attraction reduction requirements:

1. The mass of volatile solids in the biosolids shall be reduced by a minimum of 38% (see calculation procedures in "Environmental Regulations and Technology—Control of Pathogens and Vector Attraction in Biosolids," EPA-625/R-92/013, 1992, U.S. Environmental Protection Agency, Cincinnati, Ohio 45268).

2. When the 38% volatile solids reduction cannot be met for an anaerobically digested biosolid, vector attraction reduction can be demonstrated by digesting a portion of the originally digested biosolids anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 30°C and 37°C. When at the end of the 40 days, the volatile solids in the biosolids at the beginning of that period is reduced by less than 17%, adequate vector attraction reduction is considered demonstrated for the originally digested biosolids.

3. When the 38% volatile solids reduction requirement cannot be met for an aerobically digested biosolid, vector attraction reduction can be demonstrated by digesting a portion of the originally digested biosolids that has a percent solids of 2.0% or less aerobically in the laboratory in a bench-scale unit for 30 additional days at 20°C. When at the end of the 30 days, the volatile solids in the biosolids at the beginning of that period is reduced by less than 15%, adequate vector attraction reduction is considered demonstrated for the originally digested biosolids.

4. The specific oxygen uptake rate (SOUR) for biosolids treated in a Class II or better aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20°C.

5. Biosolids shall be treated in a Class II or better aerobic process for 14 days or longer. During that time, the temperature of the biosolids shall be higher than 40°C and the average temperature of the biosolids shall be higher than 45°C.

6. The pH of treated biosolids shall be raised to 12 or higher by alkaline addition and, without the addition of more alkaline material, shall remain at 12 or higher for two hours and then at 11.5 or higher for an additional 22 hours. Alkaline stabilization of untreated biosolids shall be evaluated on a case-by-case basis.

7. The percent solids of treated biosolids that does not contain unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 75% based on the moisture content and total solids prior to mixing with other materials.

8. The percent solids of treated biosolids that contains unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 90% based on the moisture content and total solids prior to mixing with other materials.

9. For biosolids that are surface applied and incorporated, or injected, below the surface of the land:

a. No significant amount of the biosolids shall be present on the land surface within one hour after the biosolids are injected.

b. When the biosolids that are injected below the surface of the land are Class A with respect to pathogens, the biosolids shall be injected below the land surface within eight hours after being discharged from the pathogen treatment process.

c. Biosolids applied to the land surface shall be incorporated into the soil within six hours after application to or placement on the land.

d. When biosolids that are incorporated into the soil are Class A with respect to pathogens, the biosolids shall be applied to or placed on the land within eight hours after being discharged from the pathogen treatment process.

10. The pH of untreated domestic septage applied to land shall be raised to 12 or higher by alkaline addition and, without the addition of more alkaline material, shall remain at 12 or higher for 30 minutes prior to application.

Derived from VR355-17-200 §3.15, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

A. Unrestricted access (UA). Biosolids that have undergone Class I Treatment to achieve Class A Pathogen Control may be applied or incorporated into the soil of agricultural lands and immediate public access is permitted. A waiting period is required up to 30 days following application (to allow adhering biosolids to be washed from the foliar portion of the plants by precipitation). This waiting period is required before: (i) crops are harvested for human consumption, (ii) domestic animals are allowed to graze on the site.

B. Restricted access (RA). Following application or incorporation of biosolids that have undergone Class II treatment to achieve Class B Pathogen Control public access and crop management shall be restricted as follows: (i) access to any site with a high potential for contact with the ground surface (public use) by the general public shall be controlled for a minimum time period of one year, (ii) access to agricultural sites and other sites with a low potential for public exposure shall be controlled for 30 days, (iii) food crops with harvested parts that touch the biosolids/soil mixture and are not totally above the land surface shall not be harvested for 14 months, (iv) food crops with harvested parts below the surface of the land shall not be harvested for 20 months following application, when the biosolids remain on the land surface for four months or longer prior to incorporation into the soil, (v) food crops with subsurface harvested parts shall not be harvested for 38 months following application, when the biosolids remain on the land surface less than four months prior to incorporation, (vi) feeding of harvested crops to animals shall not take place for a total of one month following surface application (two months for lactating dairy livestock), (vii) grazing by animals whose products will or will not be consumed by humans is prevented for at least 30 days (60 days for lactating dairy livestock), and (viii) harvesting turf grass for placement on land with a high potential for public exposure or a lawn is prevented for 12 months.

C. Modified Access (MA). If a biosolids processing sequence is used to treat PSRP or PSLP biosolids that eliminates or inactivates helminth eggs (EH), public use access restrictions are reduced to six and eight months respectively, which shall include two summer months. A summary listing of access restrictions is presented in Table 10.

Derived from VR355-17-200 §3.16, eff. January 25, 1995; amended, Virginia Register Volume 13, Issue 26, eff. October 15, 1997.

A. Crop uptake guidelines. 12VAC5-585-510 B 3 states that application rates shall be approved by the department and the board and that nitrogenous substances are often the limiting factoring determining these application rates. The applicant is responsible for providing site specific biosolids loading rates on a field-by-field basis. In cases where nitrogen is the rate limiting constituent, such rates may be justified by determining the predominant soil type in a field and then correlating the appropriate soil productivity group and nitrogen requirement for the proposed crop. Soil Test Recommendations developed through the Virginia Polytechnic Institute and State University or the Virginia Water Conservation, Department of Conservation and Recreation may be used for such purposes. Table 11 summarizes the correlation between nitrogen requirement and productivity class for several crops grown and harvested in Virginia. The applicant may also justify site specific loading rates by documenting historic crop yield records (average of three highest yields in five years of record) or by written verifications from the Virginia Polytechnic Institute and State University, the Cooperative Extension Service or Department of Conservation and Recreation Nutrient Management Specialist. Written verification shall accompany a request for higher yield goals than those posted in Table 11.

B. Application rate calculations. For biosolids application, a nitrogen balance must be evaluated to determine the acceptable loading rate. For frequent biosolids application, the evaluation will require an assessment of biosolids mineralization rates for organic nitrogen present in the biosolids for the year it is applied as well as residual organic nitrogen that will be mineralized from previous years' biosolids application. Table 12 summarizes acceptable organic nitrogen mineralization rates and ammonia volatilization rates for various types of biosolids and should be used in computing acceptable nitrogen loading rates unless information is provided to justify other rates. The nitrogen application rate on sites registered in the conservation reserve plan should be established in accordance with those land use restrictions. The application rates for treated septage shall be developed using Equation 1 contained in Table 13B.

Lagoon Surface Area (Acres)	Minimum Number of Grab Samples
Lagoon Surface Area (Acres)	Depth less than 4 feet	Depth greater than 4 feet
1 to 9.99	4 to 5	6 to 8
10 or more	6 to 8	9 to 11

Type of Treatment	Pounds of Dry Solids Per Square Foot Per Hour
Type of Treatment	Minimum	Maximum
Primary	4	6
Primary & Trickling Filter	3	5
Primary & Activated	3	4

Minimum Distances (Feet) to Land Application Area
Adjacent Features	Surface Application⁽¹⁾	Incorporation	Winter⁽²⁾
Occupied dwellings	200 ft.	200	200
Water supply wells or springs	100 ft.	100	100
Property lines	100 ft.	50	100
Perennial streams and other surface waters except intermittent streams	50 ft.	35	100
Intermittent streams/drainage ditches	25 ft.	25	50
All improved roadways	10 ft.	5	10
Rock outcrops and sinkholes	25 ft.	25	25
Agricultural drainage ditches with slopes equal to or less than 2.0%	10 ft.	5	10
⁽¹⁾Note: Not plowed or disced to incorporate within 48 hours. ⁽²⁾Application occurs on average site slope greater than 7.0% during the time between November 16 of one year and March 15 of the following year.

Virginia Administrative Code