Comments: Thank you for this opportunity to comment.  We acknowledge that some of the comments below are not directly related to the legislation but concern us a great deal. We appreciate your indulgence.

1) Fees-Fees are currently $7.50 per dry ton for biosolids. Proposal is $5.00 per dry ton for industrial residues.  We suggest that the fees at least be equal to each other, if not more for industrials.  To our knowledge, no study has been completed that would indicate a reason why industrial residues should pay less. 

2) While this legislation allows localities the option to test and monitor applications-a decision the State made for the localities--we note, for what it is worth,  that this activity should be the responsibility of the State.   Given the widespread and diverse citizen opinions about whether application of the  material is a good thing (enhances farming productivity)  or a bad thing (unknown long term health issues),  local governing bodies conducting monitoring and testing will find themselves in a position of not doing it "well enough, often enough or thoroughly enough" for those that oppose application and "doing too much" for those that support application.   While reimbursement is available, it does not cover the full cost even if a locality felt it must do its own testing to satisfy its citizens.    Given that the State has left localities with no choice or authority in allowing the use of these biosolids/industrials...and only small influence over storage, the State should be conducting the monitoring and testing due diligence in all affected localities.  To place this "no win" monitoring and testing ability on a local governing body is not fair to the citizens of the affected counties.   It is our understanding that funds exist..perhaps additional  State inspectors  (are there only a handful statewide?) should be hired to monitor and test. This would enhance the objectivity matter that will surely surface if a locality tries to test on their own.

3) Regarding regulations, we understand there is instruction training avalable and perhaps some templates to follow, however, that is not enough.  Will the State be providing very clear documented directives on the methodologies for testing?  the parameters for testing (bacteria, etc)?  what lab to use?  whether we test every applciation or just ones that abut a stream under a TMDL?  whether we sample sludge or industrials before or after applcation or both?  whether we test downstream , neighbors property, after rain event?   who enforces--it says the locality shall have the authoirty to order abatement of any violation..  does this mean we have to enforce  or can enforcement remain with DEQ, the permit issuer?  The list is longer. These questions and clear directives and processes should come from the State. 

Thank you for the opportunity.  We are happy to discuss further.  Can be reached at 804-556-5811.