Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 32 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part IX - Biosolids Program › Article 3 - Biosolids Use Standards and Practices › Section 9VAC25-32-530 - Land acquisition

Current through Register Vol. 40, No. 24, July 15, 2024
A. When an
					 application to permit land application of biosolids is submitted to the
					 department, the permit applicant shall ensure the continued availability of the
					 land and protection from improper concurrent use during the utilization
					 period.
B. Land acquisition
					 requirements.
1. Permit holders shall use a
					 unique control number assigned by the department as an identifier for fields
					 permitted for land application.
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 apply 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 agreement;
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 regulation, 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. The written agreement
					 shall be submitted to the department with the permit application.