Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VI - Standards for the Use of Biosolids or Disposal of Sewage Sludge › Article 1 - General Requirements › Section 9VAC25-31-485 - Requirements for a person who land apply biosolids

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 person shall land apply biosolids pursuant to a permit issued in accordance
					 with this regulation unless an individual holding a valid certificate of
					 competence as specified in the Virginia Pollution Abatement Permit Regulation,
					 Article 5, Certification of Land Applicators, as set forth in
					 9VAC25-32-690
					 through
					 9VAC25-32-760,
					 is onsite at all times during such land application.
B. When an application for a permit that
					 authorizes the land application of biosolids is submitted to the department:
1. Permit holders shall use a DEQ control
					 number, if previously assigned, identifying each land application field. If a
					 DEQ control number has not been assigned, provide the site identification code
					 used by the permit applicant to report activities and the site's
					 location.
2. A written agreement
					 shall be established between the landowner and permit applicant or permit
					 holder to be submitted with the permit application, whereby the landowner shall
					 consent to the application of biosolids on his property. The landowner
					 agreement shall include:
a. A statement
					 certifying that the landowner is the sole owner or one of multiple owners of
					 the property or properties identified on the landowner agreements;
b. A statement certifying that no concurrent
					 agreements are in effect for the fields to be permitted for biosolids
					 application;
c. An acknowledgement
					 that the landowner shall notify the permittee when land is sold or ownership
					 transferred;
d. An acknowledgement
					 that the landowner shall notify the permittee if any conditions change such
					 that any component of the landowner agreement becomes invalid;
e. Permission to allow department staff on
					 the landowner's property to conduct inspections;
f. An acknowledgement by the landowner of any
					 site restrictions identified in the regulation;
g. An acknowledgement that the landowner has
					 received a biosolids fact sheet approved by the department; and
h. An acknowledgement that the landowner
					 shall not remove notification signs placed by the permit holder.
3. New landowner agreements, using
					 the most current form provided by the department, shall be submitted to the
					 department for proposed land application sites identified in each application
					 for issuance or reissuance of a permit or the modification to add land to an
					 existing permit that authorizes the land application of biosolids.
4. For permits modified in order to
					 incorporate changes to this chapter, the permit holder shall, within 60 days of
					 the effective date of the permit modification, advise the landowner by
					 certified letter of the requirement to provide a new landowner agreement. The
					 letter shall include instructions to the landowner for signing and returning
					 the new landowner agreement and shall advise the landowner that the permit
					 holder's receipt of such new landowner agreement is required prior to
					 application of biosolids to the landowner's property.
5. The responsibility for obtaining and
					 maintaining the agreements lies with the permit holder.