HD89 - Review of Land Application of Biosolids in Virginia


Executive Summary:
Biosolids are residues generated after sewage sludge has passed through a wastewater treatment facility. The treatment reduces concentrations of nine chemical pollutants, disease-causing organisms, and the material’s attractiveness to animals and insects. Biosolids are considered a good source of crop nutrients that are essential for plant growth, and the use of biosolids as a fertilizer has been viewed as beneficial recycling of a material that would otherwise be landfilled or incinerated. However, biosolids have been a source of controversy, both nationally and in Virginia, due to potential health and environmental risks.

Federal and State regulatory bodies hold that when biosolids are generated and applied in compliance with established standards and regulations, the material is safe for human health and the environment. The federal Environmental Protection Agency (EPA) sets minimum standards for the production and disposal of biosolids. In Virginia, the Department of Health (VDH) is primarily responsible for permitting and overseeing biosolids activity through biosolids use regulations, which are more strict than the federal regulations. The General Assembly also has authorized localities in which biosolids use is permitted to monitor applications and test the material.

House Joint Resolution 643 of the 2005 General Assembly called for the Joint Legislative Audit and Review Commission (JLARC) to evaluate the oversight and enforcement of biosolids activity in Virginia. The mandate directed JLARC staff to study VDH's capacity to oversee and enforce the biosolids use regulations, the capacity of local governments to carry out biosolids monitoring and testing as authorized by the General Assembly, and ways to make State and local complaint response and enforcement more consistent and efficient.

During 2004, more than 232,000 dry tons of biosolids were applied to approximately 50,000 agricultural acres in the State. However, this review showed that little on-site oversight is being conducted. For example, VDH performed only 19 routine inspections during 2004, while more than 1,100 land applications were made. EPA has conducted one on-site inspection since 2002 in the region that includes Virginia. And despite efforts to increase oversight at the local level, few counties have an effective testing and monitoring program. A principal finding of the study is that VDH should increase the frequency of the routine inspections it conducts. State law could be amended to authorize the use of the currently underutilized biosolids fee fund to pay for costs associated with increased VDH oversight.