7-28-08

on NOIRA (Notice of Intended Regulatory Action):

9VAC 25-32-10 et seq.; 9VAC 25-31-10 et seq.; 9VAC 25-20-10 et seq.

The Virginia Department of Health (VDH) consistently came under documented criticism for its failure to properly administer the disposal of sludge pollution in Virginia’s rural communities. In fact, VDH became a prime promoter of sludge pollution exposure to community residents, many of whom became ill and suffered property damages. In actuality, VDH failed to monitor, test, train local monitors, and to enforce the existing BUR Regulations or Codes of Virginia.

By late 2006 and early 2007, a decision was made to transfer the disposal authority to the Virginia Department of Environmental Quality (DEQ). This action was confirmed on 9-25-07 by the State Water Control Board without public input. (See VRTH-NOIRA)

Whereas the concerned citizens, scientists, physicians, educators, county supervisors and state legislators had consistently sounded the fire alarm of documented harm caused by exposure to sludge pollution constituents, DEQ has adopted a different policy, i.e., quiet the alarm and let the fire destruction continue.

This DEQ policy, dictated by the sludge pollution generators, is beneficial and profitable for the waste industry entities. Though the DEQ policy contradicts the will of the people and defies the intent of the General Assembly, DEQ has political support and has limited data to other decision makers. (DOCUMENTED)

While there are countless examples of DEQ’s misdeeds and anti-citizen policies, one prime public-exhibit should be noted: A father of sickly children sought assistance in the protection from exposure to harmful sludge pollution constituents. He furnished health documents to DEQ, VDH, landowner, county supervisors, media, sludge pollution applicators and the generator of sludge. All to no avail, no one stepped forward to help.

Mr. Foster related his documented efforts before the DEQ “Expert Panel”. Though there were representatives there, no one contradicted his statements. However, Mr. Peot, Blue Plains sludge generator administrator, did speak up and stated that he made the sole decision to grant an additional buffer footage between the sludge pollution application site and Mr. Foster’s residence. Mr. Peot was quick to state that his lone decision was based on “community relations” and not for the health of the children.

Concerned citizens question why one non-medical, non-county resident, non-legislator and non-scientist can have more control over sludge pollution exposure than the Commonwealth’s Governor, General Assembly, Secretary of Natural Resources, Secretary of Human Health and Human Resources or the VDH Commissioner of Health?

We inquired into this issue and found:

6-5-08 Letter, Ann Carkhuff, EPA Regional Sewage Sludge Coordinator, Water Protection Div.: “In response to the question raised April 22, 2008 letter, it is not the EPA interpretation of Section 1345 (e) of the CWA to give your local board of Supervisors the power to determine the manner of sludge disposal in your county. The wording actually comes from Section 405 (e) of CWA. The Agency’s interpretation of this provision has consistently been that local determination is made by the generator of the sewage sludge.This includes all sludge whether locally generated or imported into the county. (emphasis added)

It is conclusive that listing amendment on the NOIRA is but a scam to deceive the citizenry and hoodwink the members of the General Assembly who responded to the will of the people, i.e., EPA’s Carkhuff letter contradicts BUR 12VAC5-585-260/460.

There is no need to comment on NOIRA issues of leaving the sludge pollution piled up in rural communities uncovered and unmonitored for months, changing language when current regulatory and statutes are ignored, procuring additional fees that will be spent on DEQ pet projects and administrative perks, establishing buffers when no study nor testing is being performed to determine any safe distance, establishing issues for an “Expert” panel when not even one panelist has been exposed to sludge pollution effects, investigating animal exposure to sludge pollution constituents when DEQ refuses to test sludge or land, seeking State Water Control Board approval when the Board members have been denied data for an informed decision, or volunteering-serving on a committee that is puppeteered by the waste industry entities.

To recognize the authority of DEQ because it is a state agency, supposedly for the betterment and will of the citizens, is ludicrous. This childish mentality to blindly follow without questioning is antiquated. We must move forward with advanced thinking in order to achieve sustainable procedures for utilizing sludge pollution in a manner that is protective of safety, health and welfare. Antiquated thinking limits our horizons and stagnates our creativity.

This limited thinking is illustrated by the waste industry’s offered options of landfill, incineration or land application. Energy conversion, mono-fill, nutrient extraction, heavy metal extractions, composition recycling and a host of other more environmentally friendly programs can be developed with today’s technology. Think outside the box.

We Virginians crave for statesmanship that will pass legislation to direct DEQ to not waste our resources for quieting the alarm, but to properly address PUTING OUT the fire issues. DEQ already has the authority, why isn’t it’s administrators using the authority?

C. W. Williams

Biosolids Information Group

VDH-BURAC Citizens’ Representative

540-872-2409; cwwns3@wmconnect.com; P. O. Box 9871 Richmond, VA 23228 (docs. available)

Citizen Comment