Biosolids

VFBF Policy

We support use of poultry litter, manure, organic fertilizers, and the state regulated application of biosolids as a source of nutrients on farmland and forestland.

Background

The land application of biosolids has been an accepted agricultural practice in Virginia for over 20 years. During that time, no documented incidents of public health problems have occurred. However, The Virginia Department of Health implemented regulations for the land application of biosolids in January 1995. These regulations thoroughly address the agronomic, environmental, public health, and nuisance concerns that have evolved.

The 1994 General Assembly amended the “Right to Farm” law to exclude the “above ground” application of biosolids from protection under that law. In 1995, the General Assembly considered legislation to prohibit counties from barring land application or requiring special use permits for infrequent (once every three years) application of biosolids for agriculture, forestry, or mined land reclamation. In 1996, a bill was introduced that proposed a model ordinance which outlined the conditions for use of biosolids. Both the ’95 and ’96 legislation were defeated. During the 2001 General Assembly, legislation was adopted that allowed localities to collect a fee to fund local oversight or inspection of the land application of biosolids. Those regulations are in place and approximately 16 counties have adopted ordinances associated with the regulations with only a few of those that have hired oversight staff.

Two bills were introduced in the 2002 General Assembly. One bill attempted to overturn the “Blanton Decision” of the Virginia Supreme Court. This decision prevents local governments from banning the land application of biosolids. Additionally, legislation to shift the regulatory program from the Health Department to DEQ passed with a reenactment clause. This proposal would increase attention to water quality and the number of inspectors available to oversee the program, which may improve the confidence of the general public in the program. Both bills have been studied by the Commission on the Future of the Environment. The Commission has voted to kill both bills and introduce their own legislation that maintains state control and allows some local enforcement of the regulation.

Litigation continues to attempt to interpret local control of biosolid application. To date, both the “Blanton Decision” and rulings of other litigation favor continued state control of the application of biosolids.

Reasons for Position

Biosolids (processed sewage sludge) can be a beneficial source of nutrients (fertilizer) and lime. Infrequent applications (once every three years) will often provide all the necessary nutrients for crop production during that period.

Biosolids need to be disposed of; to date, land application appears to be the safest way.

Local ordinances create a lack of uniformity among localities on biosolid use. There are many farms that border county lines where biosolids can be applied on one field and not on another.