reglab/statecodes huggingface dataset:
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 2 - Operational and Monitoring Requirements › Section 9VAC25-32-460 - Soils monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Soil
					 shall be sampled and analyzed prior to biosolids application. No sample
					 analysis used to determine application rates shall be more than three years old
					 at the time of biosolids land application. Soil shall be sampled and analyzed
					 in accordance with Table 1 of this section. Reduced monitoring may also apply
					 to one time biosolids 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).
TABLE 1 SOIL TEST PARAMETERS FOR LAND APPLICATION
								SITES1
Parameter
Soil pH (Std. Units)
Available phosphorus
								(ppm)2
Extractable potassium (ppm)
Extractable sodium
								(mg/100g)3
Extractable calcium (mg/100g)
Extractable magnesium (mg/100g)
Zinc (ppm)
Manganese (ppm)
1Note: Unless otherwise
								stated, analyses shall be reported on a dry weight basis. 
								2Available P shall be
								analyzed using one of the following methods: Mehlich I or Mehlich III. 
								3Extractable sodium shall be
								analyzed only where biosolids known to be high in sodium will be land applied.
B. The permit applicant or permit holder may
					 be required to conduct soil testing and analysis of additional parameters, as
					 determined by the department, based on site-specific history or
					 conditions.
C. Samples shall be
					 collected in accordance with § 10.1-104.2 of the Code of
					 Virginia.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
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 2 - Operational and Monitoring Requirements › Section 9VAC25-32-470 - Crop monitoring and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
Vegetation monitoring may be required by the department
						upon recommendation of the department 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
						department.
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia.
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 2 - Operational and Monitoring Requirements › Section 9VAC25-32-480 - Groundwater monitoring and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Monitoring
					 wells may be required by the department for land treatment sites, sludge
					 lagoons, biosolids land application sites, or biosolids storage facilities to
					 monitor groundwater quality.
B. If
					 groundwater monitoring is required, a groundwater monitoring plan shall be
					 submitted to the department for approval that includes at a minimum:
1. Geologic and hydrologic conditions at the
					 site;
2. Monitoring well design,
					 placement, and construction;
3.
					 Sampling frequency;
4. Sampling
					 procedures, including quality assurance and quality control; and
5. Collection of background
					 samples.
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 9VAC25-32-490 - Compliance with biosolids use practices of this chapter

Current through Register Vol. 40, No. 24, July 15, 2024
Guidelines set forth in
						9VAC25-32-515
						through
						9VAC25-32-580 of
						this regulation specify minimum standards for biosolids use for land
						application, marketing and distribution, including biosolids quality and site
						specific management practices. Compliance with this chapter will not be
						required for facilities not including land application, distribution, or
						marketing, which have received the approval of the Commissioner of the State
						Department of Health and the State Water Control Board and for which operation
						has commenced as of January 1, 2008. Such operation of facilities is deemed to
						be commenced upon issuance of a certificate to operate in accordance with the
						Sewage Collection and Treatment Regulations (9VAC25-790). However, the
						department may impose standards and requirements that are more stringent than
						those contained in this regulation according to the provisions of
						9VAC25-32-100
						E,
						9VAC25-32-315,
						and
						9VAC25-32-560
						B 3. 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 that are in substantial compliance with this regulation and comply
						with any additional requirements as noted above will be approved. Justification
						for biosolids use proposals may be required for those portions of the submitted
						proposal that differ from these criteria. The owner or owner's agent shall
						identify and justify noncompliance with specific standards or "shall" criteria
						that the department identifies, or the applicant, in his judgment, believes to
						be substantial in nature. The department may request changes in designs that
						are not in substantial compliance with this regulation and that are not
						adequately justified by the applicant. The fact that significant work was
						accomplished on a specific permit application prior to adoption of this
						regulation shall be a consideration when evaluating
						applications.
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia.
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 9VAC25-32-500

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-510

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-515 - Notification of land application activity

Current through Register Vol. 40, No. 24, July 15, 2024
A. Written notification.
1. At least 100 days prior to commencing the
					 first land application of biosolids at a permitted site, the permit holder
					 shall deliver or cause to be delivered written notification to the chief
					 executive officer or designee for the local government where the site is
					 located. This requirement may be satisfied by the department's notice to the
					 local government at the time of receiving the permit application if all
					 necessary information is included in the notice or by providing a list of
					 available permitted sites in the locality at least 100 days prior to commencing
					 the application at any site on the list. If the site is located in more than
					 one county, the information shall be provided to all jurisdictions where the
					 site is located.
2. At least 14
					 days prior to commencing land application of biosolids at a permitted site, the
					 permit holder shall deliver or cause to be delivered written notification to
					 the department and the chief executive officer or designee for the local
					 government where the site is located unless they request in writing not to
					 receive the notice. The notice shall identify the location of the permitted
					 site and the expected sources of the biosolids to be applied to the
					 site.
3. Not more than 24 hours
					 prior to commencing land application activities, including delivery of
					 biosolids at a permitted site, the permittee shall notify in writing the
					 department and the chief executive officer or designee for the local government
					 where the site is located unless they request in writing not to receive the
					 notice. This notification shall include identification of the biosolids source
					 and shall include only sites where land application activities will commence
					 within 24 hours or where biosolids will be staged within 24 hours.
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 9VAC25-32-520

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-540 - Transport

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Transport routes should follow primary highways, shall avoid residential areas
					 when possible, and shall comply with all Virginia Department of Transportation
					 requirements and standards. Transport vehicles shall be sufficiently sealed to
					 prevent leakage and spillage of biosolids. For biosolids 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 department may also
					 require certain dewatered biosolids exceeding 15% solids content to be handled
					 as liquid biosolids. The minimum information for biosolids transport that shall
					 be supplied in the biosolids management plan is listed in
					 9VAC25-32-60
					 F.
B. The permit holder shall be
					 responsible for the prompt cleanup and removal of biosolids spilled during
					 transport. 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 department, 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 email.
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 department, 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 email, or it may be hand delivered.
Statutory Authority: § 62.1-44.15 of the Code of
						  Virginia.
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 9VAC25-32-550 - Storage facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person
					 shall apply to the department for a permit, a variance, or a permit
					 modification authorizing storage of biosolids without first complying with all
					 requirements adopted pursuant to § 62.1-44.19:3 R of the Code of
					 Virginia.
B. Twotypes of storage
					 may be integrated into a complete biosolids management plan:
1. On-site storage, or
2. Routine storage. Only routine storage
					 facilities shall be considered a facility under this regulation.
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 9VAC25-32-560 - Biosolids utilization methods

Current through Register Vol. 40, No. 24, July 15, 2024
A. Requirements
					 applicable to land application of biosolids.
1. All biosolids application rates,
					 application times and other site management operations shall be restricted as
					 specified in the biosolids management plan. The biosolids management plan shall
					 include a nutrient management plan as required by
					 9VAC25-32-410
					 and prepared by a certified nutrient management planner as stipulated in
					 regulations promulgated pursuant to § 10.1-104.2 of the Code of
					 Virginia.
2. Biosolids shall be
					 treated to meet standards for land application as required by Part IX
					 (9VAC25-32-303
					 et seq.) of this chapter prior to delivery at the land application site. No
					 person shall alter the composition of biosolids at a site approved for land
					 application of biosolids under a Virginia Pollution Abatement Permit. Any
					 person who engages in the alteration of such biosolids shall be subject to the
					 penalties provided in Article 6 (§ 62.1-44.31 et seq.) of Chapter 3.1 of
					 Title 62.1 of the Code of Virginia. The addition of lime or deodorants to
					 biosolids that have been treated to meet standards for land application as
					 required by Part IX (9VAC25-32-303
					 et seq.) of this chapter shall not constitute alteration of the composition of
					 biosolids. The department may authorize public institutions of higher education
					 to conduct scientific research on the composition of biosolids that may be
					 applied to land.
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 9VAC25-32-570 - Distribution and marketing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Exceptional
					 quality. Distribution or marketing provides for the sale or distribution of
					 exceptional quality biosolids or mixtures of exceptional quality biosolids with
					 other materials such that the mixture achieves the Class A pathogen control,
					 vector attraction reduction and pollutant control standards. Distribution or
					 marketing of Class A biosolids that have been mixed with inert materials may be
					 approved on a case-by-case basis. Use of such mixtures for agricultural
					 purposes shall be evaluated through proper testing or research programs
					 designed to assess the suitability of the material for such use. Exceptional
					 quality biosolids marketed as fertilizers or soil conditioners must meet the
					 following conditions:
1. The biosolids
					 product must be registered with the Virginia Department of Agriculture and
					 Consumer Services in accordance with the provisions of § 3.2-3607 of the
					 Code of Virginia.
2. The biosolids
					 product must be processed to meet Class A pathogen requirements as specified in
					 9VAC25-32-675
					 A.
3. The biosolids product must
					 meet one of the vector attraction reduction requirements as specified in
					 9VAC25-32-685
					 B 1 through B 8.
4. The biosolids
					 product must meet the ceiling concentrations specified in
					 9VAC25-32-356
					 - Table 2.
5. The biosolids product
					 must meet the pollutant concentrations specified in
					 9VAC25-32-356
					 - Table 4.
6. Additional parameters
					 may be required for screening purposes such as organic chemicals, aluminum
					 (mg/kg), water soluble boron (mg/kg), calcium (mg/kg), chlorides (mg/l),
					 manganese (mg/kg), sulfur (mg/kg), and those pollutants for which removal
					 credits are granted.
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 9VAC25-32-580 - Sludge disposal

Current through Register Vol. 40, No. 24, July 15, 2024
Permits for sludge disposal practices will be issued
						through other state and federal regulations and are not subject to this
						regulation. 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 regulation may involve permits issued by the appropriate
					 state and federal agencies. Setback distance 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:
a. Stabilization treatment of
					 sludges.
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.
c. A nonhazardous
					 declaration from the owner.
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 9VAC25-32-590

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-600

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-610

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-620

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-630

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-640

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-650

Current through Register Vol. 40, No. 24, July 15, 2024
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 9VAC25-32-660

Current through Register Vol. 40, No. 24, July 15, 2024
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 4 - Pathogen and Vector Attraction Reduction › Section 9VAC25-32-665 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This article
					 contains the requirements for a biosolids to be classified either Class A or
					 Class B with respect to pathogens.
B. This article contains the site
					 restrictions for land on which a Class B biosolids is applied.
C. This article contains the pathogen
					 requirements for domestic septage applied to agricultural land, forest, or a
					 reclamation site.
D. This article
					 contains alternative vector attraction reduction requirements for biosolids
					 that is applied to the land or placed on a surface disposal site.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
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 4 - Pathogen and Vector Attraction Reduction › Section 9VAC25-32-670

Current through Register Vol. 40, No. 24, July 15, 2024
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 4 - Pathogen and Vector Attraction Reduction › Section 9VAC25-32-680

Current through Register Vol. 40, No. 24, July 15, 2024
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 4 - Pathogen and Vector Attraction Reduction › Section 9VAC25-32-685 - Vector attraction reduction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Conditions
					 under which vector attraction reductions are required:
1. One of the vector attraction reduction
					 requirements in subdivisions B 1 through B 10 of this section shall be met when
					 bulk biosolids is applied to agricultural land, forest, a public contact site,
					 or a reclamation site;
2. One of
					 the vector attraction reduction requirements in subdivisions B 1 through B 8 of
					 this section shall be met when bulk biosolids is applied to a lawn or a home
					 garden;
3. One of the vector
					 attraction reduction requirements in subdivisions B 1 through B 8 of this
					 section shall be met when biosolids is sold or given away in a bag or other
					 container for application to the land;
4. One of the vector attraction reduction
					 requirements in subdivisions B 1 through B 11 of this section shall be met when
					 sewage sludge (other than domestic septage) is placed on an active sewage
					 sludge unit;
5. One of the vector
					 attraction reduction requirements in subdivision B 9, B 10, or B 12 of this
					 section shall be met when domestic septage is applied to agricultural land,
					 forest, or a reclamation site; and
6. One of the vector attraction reduction
					 requirements in subdivisions B 9 through B 12 shall be met when domestic
					 septage is placed on an active sewage sludge unit.
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 5 - Certification of Land Applicators › Section 9VAC25-32-690 - Certificate requirements for land applicators

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 this
					 regulation (certified land applicator) is onsite at all times during such land
					 application. Certified land applicators may be considered to be onsite if they
					 are at the site permitted for land application and, if it is necessary to leave
					 the site, they are available within 30 minutes to return to the site to verify
					 and ensure that land application of biosolids is in compliance with the issued
					 permit. Certified land applicators shall possess the site-specific permit
					 information necessary to conduct land application on the site in accordance
					 with the issued permit and make available at the land application site proper
					 identification, including their certificate number issued by the department.
					 The certified land applicator shall maintain an operator field log to document
					 at minimum, site location, arrival and departure times, inspectors or any
					 visitors to the site, complaints received, and any unusual condition or event.
					 The field log shall be available for inspection by the department. Monthly
					 reports submitted in accordance with the requirements of
					 9VAC25-32-360 A shall bear the name
					 and certificate number of the certified land applicators with an approved
					 statement attesting that they were onsite at the times of the reported
					 operations and that those operations were in compliance with the permit. The
					 following parts of this regulation apply to any individual seeking a
					 certificate of competence as required in § 62.1-44.19:3.1 of the Code of
					 Virginia.
B. Certificates of
					 competence shall be issued by the department to certified land applicators. The
					 department may issue such certification based on specified areas of training,
					 experience and level of knowledge as demonstrated through successful completion
					 of examinations as acceptable to the department.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
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 5 - Certification of Land Applicators › Section 9VAC25-32-700 - Eligibility requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Certification may be obtained by satisfying all of the following requirements:
1. Satisfactorily completing and submitting
					 to the department an application in the form required by the department,
					 including a statement of any felony convictions. Such application shall be
					 submitted to the department at least 30 days before the scheduled examination
					 date set by the department. The application shall request information relating
					 to the person's education, work experience, knowledge of land application of
					 biosolids and applicable regulations, and willingness to abide by the
					 requirements of this regulation;
2.
					 Supplying proof of meeting one of the following:
a. A copy of a transcript or similar
					 documentation indicating completion of a high school or higher degree or
					 equivalent education level with work experience in an agriculturally related
					 area including farming and three months of practical experience related to land
					 application of biosolids acceptable to the department;
b. A combination of training acceptable to
					 the department that may include soil science or nutrient management or farming
					 practice related educational training and a minimum of six months of practical
					 experience related to land application of biosolids; or
c. Evidence of prior supervisory level
					 experience with land application of biosolids of two or more years that is
					 acceptable to the department;
3. Obtaining a passing score on each part of
					 the land applicators certification examination administered by the department;
					 and
4. Submitting the required
					 certification fee by check or money order to the department.
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 5 - Certification of Land Applicators › Section 9VAC25-32-710 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fees shall be
					 collected for certification and recertification to defray the administrative
					 cost for the certification program.
B. A fee may be charged to supply training
					 materials and present education and training programs, including continuing
					 education, which support the certification program.
C. Fees are nonrefundable and shall not be
					 prorated.
D. The certification fee
					 of $100 for the initial certification period shall be due with the application
					 for certification. If an applicant is unsuccessful in achieving a passing score
					 on the examination, the applicant is eligible to retake the examination at a
					 scheduled time as offered by the department. Applicants may retake the
					 examination one time with no additional charge by resubmitting the application
					 for certification. Eligibility for any additional examinations beyond the
					 initial retaking will require the submittal of an application and appropriate
					 fees.
E. The certificate of
					 competence renewal fee is $100.
F.
					 All fees collected by the department shall be used exclusively for the
					 operation of the Land Applicator Training and Certification Program.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
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 5 - Certification of Land Applicators › Section 9VAC25-32-720 - Examination

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
					 may offer the land applicator certification examinations on request and will
					 schedule an examination at least once per year. The examinations shall require
					 a demonstration of the ability to ensure that biosolids will be land applied in
					 compliance with the requirements of this regulation. The department may limit
					 the number of applicants taking the examination based upon available
					 examination space.
B. Applicants
					 for a certificate of competence shall achieve a passing score on each part of
					 the land applicator certification examination to become eligible for
					 certification. If applicants receive a passing score on any part of the
					 examination they will only be retested on the remaining parts.
C. The examinations for qualified applicants
					 for a certificate of competence in accordance with this regulation shall
					 address the elements listed below.
1. General
					 understanding of biosolids treatment processes and biosolids
					 characteristics;
2. Basic
					 principles of soils, agriculture, and silviculture;
3. Public health protection
					 concepts;
4. Land application
					 concepts and site management and operations;
5. Occupational safety and health protection
					 concepts; and
6. Land application
					 training and certification regulatory requirements, and requirements of other
					 land application related laws, regulations, and incentive programs.
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 5 - Certification of Land Applicators › Section 9VAC25-32-730 - Training

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
					 shall provide training sessions on the various topics essential to ensure that
					 land application of biosolids complies with state and federal laws and
					 regulations at least annually.
B.
					 The department may provide a training course on concepts supporting and
					 relating to land application of biosolids that may include biosolids use
					 regulation; basic soil and crop science; soil fertility; environmental
					 management; and other relevant topics.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
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 5 - Certification of Land Applicators › Section 9VAC25-32-740 - Certificate renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may not renew a certificate if a proceeding to deny certification
					 under 9VAC25-32-760 has begun, or if the
					 department has found that the applicant violated any requirements of this
					 regulation. A certificate is to be renewed every two years and may be renewed
					 on or before the expiration of a certificate by complying with all of the
					 following requirements:
1. Submittal of a
					 renewal application on the form the department requires;
2. Payment of the renewal fee to the
					 department; and
3. Submittal of
					 proof of satisfactory completion of at least four hours of continuing education
					 course work within the past two years. The completed course work must be
					 approved by the department as providing satisfactory training. Requests for
					 pre-approval of continuing education courses should be received at least 60
					 days prior to the expected course date(s) and must include a detailed syllabus
					 indicating time to be spent on each topic area covered. Continuing education
					 course work must be in subject matter consistent with
					 9VAC25-32-720.
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 5 - Certification of Land Applicators › Section 9VAC25-32-750 - Certificate expiration

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Certificates issued under this regulation shall expire two years from the last
					 day of the month in which they were issued, as indicated on the certificate, if
					 any of the requirements of
					 9VAC25-32-740 are not
					 met.
B. Following the expiration of
					 a certificate, reinstatement may be accomplished only by reapplication and
					 compliance with all requirements of
					 9VAC25-32-700 A, including the
					 examination requirements.
C. It is
					 the responsibility of the certified land applicators to accumulate the required
					 continuing education requirements prior to expiration of the certificate of
					 competence they hold. The department will attempt to notify the certified land
					 applicators of any continuing education needs and other requirements as
					 necessary for certificate renewal 90 days or more prior to certificate
					 expiration.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
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 5 - Certification of Land Applicators › Section 9VAC25-32-760 - Compliance with regulations and disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the department finds that a certified
					 land applicator or an applicant for certification violated any applicable
					 requirements of this regulation, including the procedural violations listed in
					 subsection B of this section, the department may deny, suspend or revoke
					 certification, following the informal fact-finding procedures of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
B. Certification
					 procedural violations include:
1. Providing
					 misleading, false, or fraudulent information in applying for a
					 certificate;
2. Providing the
					 department with any misleading, false, or fraudulent report;
3. Failing to ensure that land application of
					 biosolids complies with permit requirements due to negligence of
					 responsibilities by the certified land applicator;
4. Failing to promptly and accurately record
					 observed permit noncompliance or, failure to promptly notify the permittee of
					 observed permit noncompliance or, preventing access to inspect any land
					 application site or, failure to provide required field records upon request, in
					 accordance with this regulation; and
5. Conviction of a felony related in any way
					 to the responsibilities of a certified land applicator.
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 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section 9VAC25-32-770 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms are used in the specifications for
						liability insurance and the financial tests liability coverage. The definitions
						contained in this section are intended to assist in the understanding of these
						regulations and are not intended to limit the meanings of terms in a way that
						conflicts with general insurance industry usage or with generally accepted
						accounting practices.
"Assets" means all existing and all probable future
						economic benefits obtained or controlled by a particular entity.
"Current assets" means cash or other assets or resources
						commonly identified as those that are reasonably expected to be realized in
						cash or sold or consumed during the normal operating cycle of the
						business.
"Current liabilities" means obligations whose liquidation
						is reasonably expected to require the use of existing resources properly
						classifiable as current assets or the creation of other current
						liabilities.
"Independently audited" means an audit performed by an
						independent certified public accountant in accordance with generally accepted
						auditing standards.
"Legal defense costs" means any expenses that an insurer
						incurs in defending against claims of third parties brought under the terms and
						conditions of an insurance policy.
"Liabilities" means probable future sacrifices of
						economic benefits arising from present obligations to transfer assets or
						provide services to other entities in the future as a result of past
						transactions or events.
"Local government" means a county, city, or town or any
						authority, commission, or district created by one or more counties, cities, or
						towns.
"Net working capital" means current assets minus current
						liabilities.
"Net worth" means total assets minus total liabilities
						and is equivalent to owner's equity.
"Substantial business relationship" means the extent of a
						business relationship necessary under applicable state law to make a guarantee
						contract issued incident to that relationship valid and enforceable. A
						"substantial business relationship" must arise from a pattern of recent or
						ongoing business transactions, in addition to the guarantee itself, such that a
						currently existing business relationship between the guarantor and the permit
						holder is demonstrated to the satisfaction of the department.
"Tangible net worth" means the tangible assets that
						remain after deducting liabilities; such assets would not include intangibles
						such as goodwill and rights to patents or royalties.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
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 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section 9VAC25-32-780 - Liability requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A permit
					 holder or applicant must demonstrate financial responsibility for clean-up
					 costs, personal injury, bodily injury, and property damage resulting from the
					 transport, storage, and land application of biosolids in Virginia. The permit
					 holder or applicant must have and maintain pollution liability and general
					 liability coverage in the amount of $2 million per occurrence with an annual
					 aggregate of at least $2 million, exclusive of legal defense costs.
B. The permit holder or applicant may
					 demonstrate the required liability coverage by using one of the mechanisms
					 specified below:
1. A pollution liability
					 policy as well as a general liability policy that covers all activities
					 associated with the "Transport, Storage, and Land Application" of biosolids as
					 specified in
					 9VAC25-32-790;
2. Passing a corporate financial test as
					 specified in
					 9VAC25-32-800 or using the
					 corporate guarantee for liability coverage as specified in
					 9VAC25-32-810;
3. Passing a local government financial test
					 as specified in
					 9VAC25-32-820 or using the local
					 government guarantee for liability coverage as specified in
					 9VAC25-32-830;
4. Obtaining a letter of credit for liability
					 coverage as specified in
					 9VAC25-32-840; or
5. Obtaining a trust fund for liability
					 coverage as specified in
					 9VAC25-32-850.
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 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section 9VAC25-32-790 - Liability insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
					 pollution and general liability insurance policy must be amended by attachment
					 of an endorsement or evidenced by a certificate of liability insurance. The
					 wording of the endorsement must be identical to that specified in the Biosolids
					 Liability Endorsement form. The wording of the certificate of insurance must be
					 identical to that specified in the Certificate of Liability Insurance form. The
					 permit holder or applicant must submit a signed duplicate original of the
					 endorsement or the certificate of insurance to the department. If requested by
					 the department, the permit holder or applicant must provide a signed duplicate
					 original of the insurance policy. An applicant for a new permit must submit the
					 signed duplicate original of the biosolids liability endorsement or the
					 certificate of liability insurance to the department at least 60 days before
					 the initial application of biosolids. The insurance must be effective before
					 the initial application of biosolids.
B. Each insurance policy must be issued by an
					 insurer that, at a minimum, is licensed to transact the business of insurance
					 or eligible to provide insurance as an excess or surplus lines insurer in
					 Virginia and the insurer shall be in good financial position, as demonstrated
					 by the AM Best (A++, A+, A, A-, B++, B+), Standard and Poor's (AAA, AA, A,
					 BBB), or Moody's (Aaa, Aa, A, Baa) financial strength ratings.
Statutory Authority
§ 62.1-44.15 of the Code of
						  Virginia.
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 6 - Liability Requirements for Transport, Storage, and Land Application of Biosolids › Section 9VAC25-32-800 - Corporate financial test

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit holder or applicant may satisfy the requirements of this section by
					 demonstrating that he passes a financial test as specified in this section. To
					 pass this test the permit holder or applicant must meet the criteria of
					 subsection B of this section.
B. A
					 permit holder or applicant must have:
1. Net
					 working capital and tangible net worth each at least six times the amount of
					 liability coverage to be demonstrated by this test, and a tangible net worth of
					 at least $10 million; or
2. A
					 current rating for his most recent bond issuance of AAA, AA, A, or BBB as
					 issued by Standard and Poor's, or Aaa, Aa, A, or Baa as issued by Moody's and a
					 tangible net worth of at least $10 million; and a tangible net worth at least
					 six times the amount of liability coverage to be demonstrated by this test; and
					 assets in the United States amounting to either:
a. At least 90% of this total assets;
					 or
b. At least six times the amount
					 of liability coverage to be demonstrated by this test.
3. For the purposes of this section, the
					 phrase "amount of liability coverage" refers to the annual aggregate amounts
					 for which coverage is required under
					 9VAC25-32-780 A.