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2001 SESSION

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016237890
HOUSE BILL NO. 2827 Offered January 19, 2001 A BILL to amend and reenact § 62.1-44.19:3 of the Code of Virginia, relating to sewage sludge. ---------- Patrons-- Pollard and Ware ---------- Referred to Committee on Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That § 62.1-44.19:3 of the Code of Virginia is amended and reenacted as follows:

§ 62.1-44.19:3. Prohibition on land application, marketing and distribution of sewage sludge without permit.

A. No owner of a sewage treatment works shall land apply, market or distribute sewage sludge from such treatment works except in compliance with a valid Virginia Pollutant Discharge Elimination System Permit issued by the Board.

B. No person shall contract or propose to contract, with the owner of a sewage treatment works, to land apply, market or distribute sewage sludge in the Commonwealth, nor shall any person land apply, market or distribute sewage sludge in the Commonwealth without a current Virginia Pollution Abatement Permit from the Board or a current permit from the State Health Commissioner authorizing land application, marketing or distribution of sewage sludge and specifying the location or locations, and the terms and conditions of such land application, marketing or distribution.

C. Any county, city or town may adopt an ordinance that imposes a fee on the land application, marketing or distribution of sewage sludge by a person holding a current Virginia Pollution Abatement Permit from the Board or a current permit from the State Health Commissioner. Proceeds from the fee shall be used for no other purpose than to meet all direct costs associated with the supervision of the land application, marketing or distribution of sewage sludge by a person designated by the county, city or town to ensure that all activities associated with the land application, marketing or distribution of sewage sludge comply with state and local requirements. The amount of the fee shall not exceed the direct costs associated with the supervision of the land application, marketing or distribution of sewage sludge.