10 Definitions

12VAC 5-585-10 Definitions

I.) 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.
• "Board" means the State Board of Health.
• "Certificate" means a permit issued by the State Water Control Board in accordance with 9VAC25-30-10 et seq.
• "Commissioner" means the State Health Commissioner or designee.
• "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.
• "Department" means the State Department of Health.
• "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 section 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, 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 section 62.1-44.19:3 subsection 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, or (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 by or in section 62.1-44.3 of the Code of Virginia.
• "Permit" means either 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 for the land application 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 pollutants, including, but not limited to, a treatment works or portions thereof.
• "Reimbursement application" means the forms approved by the Division for applying 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 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 or 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.

II.) 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).

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