Thank you for your letter of November 28, 2001, concerning biosolids use in Northumberland County and possible effects of land application of biosolids on the quality of shellfish harvesting waters.

As a result of over 30 years of research and field data, the land application of biosolids has been demonstrated to be safe and beneficial, and there have been no documented cases of biosolids causing illness when land applied according to the Biosolids Use Regulations (12 VAC 5-585) (Regulations). There are numerous checks and balances within the regulatory system that ensure that the producers of the biosolids and the applier of the biosolids comply with requirements designed to protect human health. The application of biosolids to agricultural land is widely practiced across the United States and has had a successful history in Virginia since 1980. No information has been reported in the literature that indicates that birds contribute to water pollution through transport of biosolids. Further, our staff has not observed any significant bird activity on land application sites either during or following these operations that could result in damage to adjacent water quality.

The land application of biosolids is performed in accordance with the standards published in the Regulations that are designed to protect human health. These Regulations mandate treatment methods to reduce pathogens in biosolids and specify the conditions under which these biosolids can be used as a soil amendment. Biosolids are treated in accordance with federal and state requirements to both reduce the level of disease causing, or pathogenic, microorganisms present in the organic matter and to reduce the vector, or insect, attraction potential of the material applied to land. The Federal Regulations were based on risk assessment methods that included conservative measures to protect public health. The State's regulation is even more restrictive than the EPA 503 Rule for the use of biosolids. Advisory Committees are now developing additional recommendations for possible revisions to the Regulations designed to address many of the concerns expressed about the permitted land application of biosolids. In addition, regulations are being developed to provide for biosolids fees, to be collected and used by VDH, to reimburse local governments for monitoring of land application operations as specified in an adopted ordinance.

Data collected by the producer or generator verifies that the level of the indicator microorganism, Fecal Coliform bacteria, in biosolids land applied in Virginia, is an order of magnitude less than the maximum allowable for Class B pathogen control. This data is submitted regularly to the permitting Federal and State agencies under penalty of law, including imprisonment, for falsifying such data. Previous studies on sewage characteristics indicate that the actual number of pathogenic microorganisms in such wastewater is a fraction of the measured Fecal Coliform levels. Additional studies on the microorganism content of treated sewage sludge indicate that a similar relationship exists for pathogens in biosolids. The minimum setback or buffer distances specified in the Regulations have been established from such studies of biosolids characteristics. Organic materials associated with biosolids have not demonstrated significant movement from soils due to precipitation, especially when incorporated into the soil. In addition, Best Management Practices (BMP) designed to minimize runoff are required for biosolids surface applied onto grassland or hay fields. The Regulations require that a 50-foot buffer distance be maintained from waterways if biosolids are surface applied and, if incorporated, the distance can be reduced to 35 feet.

Should you desire further information, please contact C. M. Sawyer, Director, Division of Wastewater Engineering, VDH, 1500 East Main Street, Room lO9, Richmond, Virginia 23219 by telephone at (804) 786-1755, FAX: (804) 786-5567, or e-mail: csawyer@vdh.state.va.us.