Samantha Simmons

March 9, 2007

On February 22, the Virginia General Assembly passed legislation that consolidates the biosolids regulatory program under the Department of Environmental Quality and adds key elements to ensure the safe application of bio-solids to land. The law requires the DEQ to make unannounced site inspections during bio-solids application and levies a $ 7.50 fee on every dry ton of sewage sludge applied in the Commonwealth.

Believe it or not, sewage sludge from waste treatment plants is actually a hot commodity. The term biosolids is basically a politically correct way of referring to sewage sludge from sewage treatment plants that has undergone a specified amount of treatment, thus enabling it to be "safely" applied to land. Of the 5.3 million metric tons of sewage sludge produced in the United States, 36 percent is applied to agricultural lands, turfgrass, and mining reclamation lands. The sewage sludge applied to Virginia lands is generally shipped there from New York and New Jersey.

Proponents of the land application of treated sewage sludge cite improvements in soil quality and water retention, as well as economic benefits. Is the application of treated sewage sludge wise, however, when one considers the risks to public health and welfare? Those who oppose using human waste as fertilizer argue that human waste poses serious health and environmental risks.

Opposition to biosolids has increased in Virginia as the state has removed control of application from local governments. The Virginia Supreme Court determined that local governments cannot prohibit the application of treated sewage sludge to agricultural lands when that application has been permitted by the state. Every year, Virginia grants permits to approximately 30,000 acres of farmland for the application of treated sewage sludge. On several instances, law suits have been initiated by sewage sludge victims and citizen groups filing nuisance claims against sewage sludge haulers and land applicators.

As a result of these concerns, Virginia representatives worked to address perceived problems with the state's regulation of the application of biosolids through the new legislation equiring unannounced sit inspections and levying the $ 7.50 per ton fee. It remains to be seen how these fees will impact the application rates of sewage sludge in Virginia.

For more information:

Va. Code Ann. §§ 62.1-44.19:3.1–3.4, available at http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB2802ER.

WDBJ7 Your Hometown Station, Some Lawmakers Want Better Regulations for Biosolids, Jan. 15, 2007, available at http://www.wdbj7.com/Global/story.asp?S=5941331&nav=S6aK.

Loudoun Neighbors Against Toxic Sludge (NATS), http://www.loudounnats.org.

David Faulkner, Applying Biosolids: Issues for Virginia Agriculture, USDA NRCS (2001), available at http://www.reap.vt.edu/publications/reports/r49.pdf.

G.K. Evanylo, Agricultural Land Application of Biosolids in Virginia: Risks and Concerns, VA. Coop. Ext. (1999), available at http://www.ext.vt.edu/pubs/compost/452-304/452-304.html.