the previous Warner Administration.
There will be more exposure, in PIN, on the Governor's position relevant to land application of sludge/
biosolids pollution in Virginia. (See July Issue)
2. That he contact his local government, district Delegate, Nutri-Blend (sludge haulers)
and the news media.
News & Advance
R. David Laurrell, Campbell County Administrator, stated that the County can pick the sludge truck route but
did not have much control over the rest of the project. Only one County Supervisor called to offer the
Ellingtons his sympathy and prayers. However, he was a supervisor of another district.
ED NOTES: It is often difficult to determine if the local county executive officials are ignorant of the Codes
of Virginia, indifferent to the protection of the county residents and environment or willing to learn but
have been hoodwinked by VDH/WASTE INDUSTRY relevant to the local authority over sludge application.
Blanton VS Amelia County, Virginia State Supreme Court, 2000 Decision, Chief Justice Harry L. Carrico, in a
12 page unanimous opinion, issued the following:
"VA Code 32.1-164.5 and the Biosolids Use Regulations promulgated pursuant to this statute do not prohibit
a local government from enacting ordinances which may affect the land application of biosolids. However,
local ordinances and requirements must not be inconsistent with VA Codes 32-1-164.5 or the Biosolids Use
Regulations." The Dillon Rule nor the Right To Farm Act were addressed.
ED NOTES: Any county or political jurisdiction, where a permit is intended or has been issued for the
application of sludge/biosolids pollution, may enact a restrictive ordinance for the protection of its
constituents. Furthermore, VA Code allows the assessment of a fee per dry ton to be collected, by the
sludge haulers, from the sludge generating source. This fee, $2.50/d.t. with a cap of $4/d.t., is to be paid to
the VDH and deposited in a non-reverting fund (currently around $300,000 is available). Any and all fund
resources are to be used to reimburse the actual costs/expenses incurred by the sludge receiving political
jurisdiction for testing and monitoring.
The VA Code, initiated by HB 2827, allows full reimbursement to the counties and political jurisdictions for
monitor training, schooling, equipment/supplies, travel and hourly reimbursement, postage, public and
supervisor consultations, before and after laboratory soil/sludge analysis, complaint attention and follow
up, and allows any local monitor to abate a sludge/biosolids application when regulations are not followed
or there is the potential of health and/or nuisance circumstances.
Any County Executive Officer has the authority to abate a sludge/biosolids application should there be a VA
Code violation, BUR violation, nuisance or health issue, etc. After the abatement, the VDH-Central,
Richmond, VA, must show good cause that the situation has been corrected, and will remain corrected in
the future in order for the application to proceed. Should good cause not be presented for continued
sludge/biosolids application, the VDH has the authority to abate temporarily or to remove the permit
completely. The county has a say in this matter.
The public has a right to file a nuisance complaint in the General District Court under VA Code 48.1.
See the VDH Biosolids Use Regulations (BUR) for additional references to county authority, health and
nuisance protection and prevention.
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