Department of Health

P. O. Box 2448

Richmond, VA 23218

November 15, 2001

Dr. Lynton S. Land

125 Airstrip Lane

PO Box 539

Ophelia, Virginia 22530

Dear Dr. Land,

Thank you for your letter of November 8, 2001 concerning the application of biosolids to fields on the watershed of shellfish growing areas. I appreciate your concern for the protection of shellfish growing areas, and certainly thank you for indicating how hard our Division works to protect those waters.

If I may paraphrase your words, you indicate that the Department is being inconsistent by working to protect shellfish waters on the one hand, yet is allowing the application of biosolids to the upland watershed of those shellfish growing areas. Furthermore, you indicate that contamination of those growing waters will inevitably occur due to weather-related runoff from the land.

I believe that the answer to your question lies not in an explanation of the care both Departmental programs take concerning their separate responsibilities in the matter, but rather why both programs exist. The tone of your letter supports the shellfish program, which allows shellfish to be sold in interstate commerce. You however contest the justification for the land application of biosolids.

Simply put, the Code of Virginia, § 32.1 164.5, requires the Department to develop regulations that allow the land application of biosolids. Until the General Assembly changes the law, the Department will do all it can to minimize any adverse impact due to biosolids. While some people see the land application of biosolids as an environmental degradation, others see it as a means to improve soil tilth and recycle a waste product. Clearly, resolution of these conflicting interests is best decided by the General Assembly.

Thank you for the opportunity to comment on this issue.

Sincerely,

Robert E. Croonenberghs, PhD, Director

Division of Shellfish Sanitation