Agricultural board asks state to speed up biosolids regulation process
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By Justin Faulconer
Published: November 14, 2008
An agricultural board that advises the Bedford County Board of Supervisors on farm-related matters is asking state officials to speed up a process enacting regulations for biosolids.
The Virginia Department of Environmental Quality assumed oversight of treated sewage sludge in January from the state health department. DEQ is still working to finalize regulations for the controversial material.
Though many people have publicly opposed sludge over health concerns, some Bedford farmers see it as a way to save money that would normally be spent on fertilizer.
Jeff Powers, chairman of Bedford County’s agricultural economic development advisory board, said the delay in processing farmers’ applications for biosolids is causing some to push for action.
“The costs of fertilizer to state farmers is going to be key if some of them can stay in business,” Powers said.
Neil Zahradka, manager of the office of land application programs for DEQ, said permits are being accepted. However, if an applicant’s permit wasn’t finalized prior to the start of the year when the regulatory change took place, that person must start from scratch and reapply.
Bedford’s agricultural board sent a letter to Zahradka and other state officials seeking to speed up the process.
The letter was signed by the agricultural board and not by the Board of Supervisors.
Supervisors, who appointed the members to the agricultural board, have in recent weeks debated the letter and its link to such a controversial topic.
Supervisor Annie Pollard said the county doesn’t know the long-term effects of sludge and could avoid future lawsuits by not getting involved.
“The best thing we can do is stay out of it,” said Pollard. “I’d rather not go there.”
Supervisor Roger Cheek said the agricultural board is meant to speak on behalf of farmers and issues that affect them.
“If they can’t respond to this — what are they here for?” Cheek said. “I have no problem with the letter.”
The county has no authority to restrict the use of sludge but has enacted laws regulating how it is stored on property, said County Administrator Kathleen Guzi. The county also recently launched a link on its Web site giving the information about parcels with owners who have permits to apply sludge.
Guzi said the county attorney is developing a local monitoring ordinance, and new regulations are important for its language. The county is waiting until that is in place before it moves forward on the monitoring plan so it won’t have to go back and make changes, she said.
Bill Hayden, a DEQ spokesman, said regulatory review is on schedule and an advisory group is being formed to examine any possible changes.
“We know it’s important to a lot of people,” Hayden said. “We want to do it right. That’s why it’s going to take some time.”
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Posted by ( Jesse ) on November 24, 2008 at 5:34 pm
Ms. Shields is incorrect and is misinterpreting law. The state and federal courts have upheld the ability of states to preempt local governments with respect to land application of biosolids. There is also the question of local government authority notwithstanding state preemption. The paper at the following link will help Ms. Shields and others understand. Local governments are creatures of the state and have no powers save that given by the state. http://www.brookings.edu/reports/2003/01metropolitanpolicy_richardson.aspx
Jesse Richardson
Attorney-at-law
and Associate Professor, Virginia Tech
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Posted by ( hshields ) on November 15, 2008 at 1:20 pm
The News Advance statement that Bedford County has no authority to restrict the use of sludge “biosolids” is erroneous.
In fact, federal sludge rules specifically grant to communities and counties the right to enact LOCAL sludge rules more stringent than federal rules.
Please see 2 emails from EPA sludge “biosolids” Administrator Rick Stevens in 2008 to me, which acknowledge that localities can enact more stringent sludge rules: http://www.sludgevictims.com/pdf_files/RICKSTEVENS_EPA_ON_LOCALCONTROL.doc
Under the Supremacy Clause of the US Constitution, the Commonwealth of Virginia does NOT have the authority to preempt, overrule, rescind, repeal or supercede FEDERAL LAW.
The background and complete explanation of the right of communities in Virginia and states around the country to enact more stringent local sludge control laws can be found at this web site: http://www.sludgevictims.com/local-determination.html
Helane Shields, PO Box 1133, Alton, NH 03809 603-875-3842
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