It makes no sense to require extensive treatment of sewage to remove pollutants so clean water can be returned to waterways, and then to turn around and spread the removed pollutants on the land to enter the food chain and to run off into those same waterways that the treatment plants are required to protect.  That said, and until this illogical and contradictory practice ceases, we require the following regulation changes:

1. Require producer/spreader to list all contents of the sludge.  How can regulations protect citizens and the environment if the contents of what you are regulating are unknown?

2. Testing:  a) The only way to have meaningful and credible testing and sampling of the material, at the plant and at the site, is for it to be done by a third party.  b) The present list of things to be tested for needs to be expanded to include PCBs (which are showing up more and more in our waterways) and dioxins.  This list needs to be open-ended so other pollutants can be added as the need arises.

3. Increase standard buffer to one mile from any individual home, and to two miles from any church, school, or other place where large numbers gather.  As documented in the Toledo Study, distance from sludge site is an important factor in health safety.

4. Require improved notice signs:  a) signs posted a minimum of 15 business days before spreading.  In addition, a “red tag” must be affixed to the sign as a 48 hour heads up.  Time is needed for neighbors to request intervention for health issues or to make arrangements to remove themselves during spreading.   b) signs be a minimum of 4’x8’ with   printing large enough to be read from the road while moving, and posted every 500 feet.  c) include 24/7 contact information for those with the authority to delay or stop the application in case of an emergency.  This is critical.  d) the county needs to receive notice before the signs are posted, and be given an additional 48 hour imminent notice so they can make immediate preparations, such as having the monitor in place.  e)  signs must be maintained from a minimum of 15 business days before the spreading until one year after spreading.  This extended posting would serve as a warning for people to avoid contact for the required one year

5. Require written notice with proof of receipt to everyone who lives within 1000 feet of the buffer zone fifteen business days prior to spreading.  This insures notification to those who may not travel by the signs.

6. The letter of notification should include who should be contacted if a health problem develops that requires intervention.  This contact person needs to be readily available and have the authority to act.  A local or regional person or agency would be best.

7. Increase regulation requirements for spreading:  a) weather condition restrictions must include limiting wind speed  to 5 mph.  Bioaerosols can travel far distances and cause extensive harm to human and environmental health.  b) spread only during normal business hours.  This allows the option of contacting authorities should intervention be necessary.  c) require immediate incorporation of material into the soil.  This reduces the possibility of toxic runoff and aerosolization.  d) mandated compliance to state regulations for erosion and sedimentation control.

8. Cleanup of spillage along route must be immediate and include complete removal (not pushing onto side or into ditch) at the spreaders’ (not taxpayers’) expense.

9. The route that the sludge trucks will travel within Virginia should be certified by VDOT in writing.  This will assure that bridge and roadway specifications, especially in rural areas, will not be superseded.  Any damage caused by biosolids trucks must be paid for by the haulers and not by the taxpayers. 

10. It should be mandated and documented that soil from the sludged field be tested semi-annually to insure proper pH levels are maintained to keep heavy metals bound in the soil.  If the pH level drops below 6.5, the landowner, at his own expense, must be required to add sufficient lime as soon as practical.

11. On-farm field storage must be limited to no longer than 20 days, must be covered at all times, and must be surrounded by silt fences and in all ways subject to the same state erosion and sedimentation control regulations required for construction.

12. Financial assurance should mandate that monies, in direct proportion to the acreage to be applied, be put in escrow by haulers/spreaders and by farmers for a minimum of five years after the last application.  Mere “written evidence of financial responsibility” does not assure availability of money.  The farmer’s liability, as we understand it, is covered (no pun intended) by the spreaders only so long as the farmer is willing to continue spreading.  If the farmer opts out of the program, he becomes personally liable.

13. Penalties for infractions need to be immediate and meaningful, not just fines that are so often ignored and/or sidestepped.  At present, regulations are often not followed since the consequences are minimal.  There needs to be a local authority to enforce regulation compliance. 

14. The public’s right to know needs to be addresses:  a) On the property deed, recording of biosolids spreading must be mandated.  b) a state agency online database needs to be established.  It should be in a “friendly” and transparent form, making it easy for the public to identify properties.   

15. The potential for negative impact on the institution of the family and family stability can definitely be anticipated:  a) quality of life can be significantly reduced due to unpleasant and/or unhealthy bioaerosols depriving the family of enjoyment of the out of doors and/or causing health problems.  b) resulting health problems can stress a family’s emotional and physical strength if not the very life of one of its members.  c) Disposable family income could be reduced due to health expenses and to reduction of property value.  d) Land use, such as organic farming, could be restricted due to previous or neighboring biosolids spreading.  e) Citizens’ rights could be violated by jeopardizing access to clean air and water.

Regulation changes must be carefully considered so this transfer of biosolids oversight will not be in vain. 

We urge the committee to go the extra mile to insure protection of human and environmental health.  Permit fees are not so high that they couldn’t be raised to cover proper testing and other added expenses.   Hopefully, in the near future alternate means of handling sewage sludge / biosolids will be established and land application will no longer be practiced.