Current
Legislation passed by the General Assembly (HB 2802, Acts of Assembly c. 881, 2007) and signed into law by the Governor, amended § 64.1-44.19:3 and § 32.1-164.2 through § 32.1-164.7 of the Code of Virginia providing for transferring the biosolids use permitting authority and the Biosolids Use Regulations from the Virginia Department of Health (VDH) to the Department of Environmental Quality (DEQ) .
The transfer becomes effective January 1, 2008.
History
In 1994 the Virginia General Assembly directed the State Board of Health to adopt regulations and standards for permitting the land application, distribution, or marketing of biosolids. Subsequently, Biosolids Use Regulations (12 VAC 5-585) (http://leg1.state.va.us/000/reg/TOC12005.HTM#C0585) were implemented by the Virginia Department of Health (VDH) in 1995. As defined by the Virginia Regulations, biosolids means a sewage sludge that has received an established treatment for a required level of pathogen control and has been treated or managed to reduce vector attraction to a specified level and contains acceptable levels of pollutants in accordance with an issued permit. The 1995 Biosolids Use Regulations incorporated the Federal Standards of the CFR 40 Part 503 rule and established more restrictive conditions for site specific management practices in terms of agronomic rates, slope restrictions, buffer distances, soil pH, nutrient management plan requirements and the tracking of quantities of exceptional quality biosolids distributed or marketed. The Biosolids Use Regulations were revised on October 15, 1997, April 2003, February 2007, October 2007 and December 2007.