INTRODUCTION
Each year the United States generates 5.3 million metric tons, dry weight, of sewage sludge (sludge)
from waste water treatment. Communities must dispose of this sludge. According to the United States
Environmental Protection Agency (EPA), 36 percent is applied to agricultural land, turfgrass, and mining
reclamation land; 38 percent is put in landfills; 16 percent is incinerated; and 10 percent is disposed of in
other ways (EPA p. 2). EPA uses the term “biosolids” to distinguish the sludge applied on agricultural
land from raw sludge and sludge high in pollutants. “Biosolids are solid, semisolid or liquid materials,
resulting from treatment of domestic sewage, that have been sufficiently processed to permit these
materials to be safely land-applied” (Evanylo, 1997, p 2).
Public health and environmental concerns about biosolids focus on heavy metals, volatile organic
compounds, and pathogens, all of which can cause health and environmental damage. Consequently, the
Virginia Department of Health administers and monitors the permitting and land application of biosolids in
Virginia to prevent negative human health impacts and minimize environmental risk.
On January 12, 2001, the State Supreme Court of Virginia struck down an April 1999, Amelia County
ordinance that banned applications of biosolids. The decision determined that local governments cannot
prevent the application of biosolids on agricultural lands when the application is properly permitted by the
state. The Virginia Supreme Court decision reaffirms the existing legal authority of the state to permit
biosolids applications and supports the existing permitting process. The State Supreme Court decision
infers that the existing scientific understanding and regulatory framework for agricultural applications of
biosolids are acceptable.
In addition, Governor Gilmore signed legislation (HB 2827)1 allowing local governments to charge fees to
biosolids contractors. These fees are to cover the cost of more careful local monitoring and testing of
biosolids applications. The fees cannot exceed the cost of the monitoring and testing. The law requires
the state Department of Health to adopt a fee schedule by July 1, 2002 for local government implementation.
The General Assembly’s new legislation acknowledges that local acceptance of biosolids applications is
still a political issue in many localities and, therefore, grants localities the ability to generate funds for local
oversight. What this added level of local monitoring and testing will add to the scientific knowledge
underpinning the agricultural use of biosolids and how it will impact application rates are yet to be
determined.
In Virginia, approximately 30,000 acres of farmland are permitted for the application of biosolids each
year (Evanylo and Ross, 1997). In 1998, 61 percent of all biosolids applied were applied in northern and
central Virginia, and 15.5 percent were applied in eastern Virginia (Table 1).
Biosolids are a low analysis nutrient source for both micro and secondary nutrients. However, their use
can provide soil, yield, and economic benefits. To maximize the use of biosolids while minimizing the
associated risks, farmers and biosolids providers need to consider the following broad areas:
& soils,
& biosolids,
& production practices,
1 House Bill No. 2827 signed by Governor Gilmore April 9,2001, Acts of Assembly Chapter text (CHAP0831). The
text can be found at http://leg1.state.va.us/cgi-bin/legp504.exe?011+ful+HB2827H1. Accessed March 30,
2001