VACo seeks feedback on a draft proposal to allow for “alternative storage” sites for biosolids during prolonged wet weather events.
During 2018-2019, a record-year for precipitation in some parts of the Commonwealth, many biosolids storage facilities reached or exceeded their capacity. “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 limited levels of pollutants, such that it is acceptable for use by land application, marketing or distribution in accordance with the Virginia Pollution Abatement Permit Regulation (9VAC25-32) and the Virginia Pollutant Discharge Elimination System Permit Regulation (9VAC25-31). In response to this, HB 870 (Bulova) was signed into law last year which requires the state to adopt regulations that include procedures for addressing administrative, staging, signage, and additional on-site and alternative storage site requirements when routine and on-site storage facility capacity and holding times are anticipated to be exceeded for the purpose of protecting against the release of sewage sludge into state waters and to account for increased intensity, frequency, and duration of storm events. The bill directs the Department of Environmental Quality to form a regulatory advisory panel consisting of certain stakeholders (of which VACo is a member) for the purpose of assisting the state in developing the regulations as required by the bill. After the first meeting on April 7, 2025, DEQ staff responded with draft regulation revisions to 9VAC25-32-410 (Biosolids Management Plan) and 9VAC25-32-550 (Storage Facilities).
The proposal allows land applicators of biosolids to submit alternative management plans for a period of time when weather conditions make it impracticable to place material on saturated farm fields. Under the alternative management plan, an applicator may designate sites for “alternative storage” when existing on-site and routine storage sites are at capacity, and …
“Not more than 24 hours prior to delivery of biosolids to an alternative storage site, the permittee shall notify in writing the department and the chief executive officer or designee or the local government where the site is located unless they request in writing not to receive the notice. This notification shall include the site location and the source or sources of biosolids stored.”
The draft revisions also require that the biosolids on alternative storage sites be prioritized for removal prior to biosolids stored at on-site or routine storage facilities.
It is important to note that while a locality shall not restrict the storage of biosolids on a farm, as long as such material is being stored solely for land application on that farm, it may by ordinance require a special exception or a special use permit for offsite storage of biosolids on any property in its jurisdiction.
Please send your comments to jhutzler@vaco.org
VACo Contacts: James Hutzler and Joe Lerch, AICP