TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Proposed Regulation

Title of Regulation: 9VAC25-32. Virginia Pollution Abatement (VPA) Permit Regulation (amending 9VAC25-32-410, 9VAC25-32-550).

Statutory Authority: § 62.1-44.19:3 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: January 30, 2026.

Agency Contact: Jeanette Ruiz, Regulatory Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9636, or email jeanette.ruiz@deq.virginia.gov.

Basis: Section 62.1-44.15 of the Code of Virginia authorizes the State Water Control Board to (i) issue, revoke, or amend certificates and land-disturbing permits under prescribed conditions for the discharge of treated sewage, stormwater, industrial wastes, and other waste into or adjacent to state waters; (ii) adopt rules governing the procedures of the board with respect to the issuance of permits; (iii) adopt such regulations as the board deems necessary to enforce the general water quality management program; and (iv) establish requirements for the treatment of sewage, industrial wastes, and other wastes. Section 62.1-44.16 of the Code of Virginia authorizes the board to regulate discharges of industrial wastes. Section 62.1-44.19:3 of the Code of Virginia requires the board to include in regulation certain requirements pertaining to the land application of biosolids. Section 62.1-44.20 of the Code of Virginia provides that agents of the board may have the right of entry to public or private property for the purpose of obtaining information or conducting necessary surveys or investigations. Section 62.1-44.21 of the Code of Virginia authorizes the board to require owners to furnish information necessary to determine the effect of the wastes from a discharge on the quality of state waters.

Purpose: From 2018 to 2019, a record year for precipitation in some parts of the Commonwealth, many biosolids storage facilities reached or exceeded capacity because biosolids could not be applied on saturated ground. This action is needed to establish procedures for addressing administrative, staging, signage, and additional onsite and alternative storage site requirements for biosolids when extreme weather conditions, over an extended period of time, affect routine and onsite storage facility capacity and holding times. This action will help prevent and protect against the release of biosolids into state waters and account for increased intensity, frequency, and duration of storm events.

Substance: This action establishes procedures for addressing administrative, staging, signage, and additional onsite and alternative storage site requirements when routine and onsite storage facility capacity and holding times are anticipated to be exceeded. Typically, wastewater treatment facilities and permitted biosolids land appliers have sufficient capacity to store biosolids for several months, allowing end-users to land-apply during optimal times for nutrient application and uptake; however, extended periods of precipitation affect the timing of land-application. The amendments provide permittees a way to plan in advance with regulatory certainty for alternative storage and handling solutions when extreme weather conditions result in long periods of time when biosolids cannot be land-applied, authorizing management actions that protect human health and the environment while providing more flexibility with storage and land application when the amount of biosolids exceeds normal storage facility capacity. The amendments provides an option for permittees that will reduce or eliminate the need to apply for a variance from the regulation and allow permittees to have an approved alternative that can be quickly implemented in the event acute weather-related storage issues arise.

Issues: The primary advantage to the public is improved readiness by regulated entities for severe weather events, reducing the risk of discharges from inadequately stored biosolids and thus improving protection of human health and the environment. Regulated entities will also benefit from improved operational continuity and additional regulatory certainty during periods when weather conditions pose challenges to routine biosolids management practices, as well as reduced staff time expended to resolve case-by-case issues with the Department of Environmental Quality. Disadvantages to the public may include reduced scope of notification for pending land-application activities if the permit holder chooses to cite reductions in the amount of time required for five-day land application notice signs to be placed. The primary advantage to the agency and the Commonwealth is reduced time spent on handling case-by-case issues of potential noncompliance and instead working with permit holders to pre-plan for weather emergencies through submittal of emergency management plans. There is a disadvantage in the staff time necessary to review plans; however, this is offset by the value of timely emergency preparedness.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 209 of the 2024 Acts of Assembly,² the State Water Control Board (board) proposes to adopt regulations that allow for, but do not require, biosolids management plans to include an emergency management plan as an optional component.

Background. Chapter 209 requires the board to adopt regulations that include procedures for addressing administrative, staging, signage, and additional on-site and alternative storage site requirements when routine and on-site storage facility capacity and holding times are anticipated to be exceeded for the purpose of protecting against the release of sewage sludge into state waters and to account for increased intensity, frequency, and duration of storm events. According to the Department of Environmental Quality (DEQ), Chapter 209 was prompted by biosolids stakeholder requests that aimed to reduce the uncertainty they faced during the excessive rainfall and extended periods of precipitation in 2018 to 2019, which resulted in saturated soils at many land application sites in Virginia. These conditions prevented the land application of biosolids and limited the use of landfills, which led to a constantly increasing need for permit holders to seek alternative means of holding (storing) biosolids until conditions were suitable for land application. DEQ reports that wastewater treatment facilities (biosolids generators) and land application companies both experienced issues with storage capacities, and during this period DEQ received requests to allow alternative storage methods until more typical storage volumes could be restored. With limited regulatory options, DEQ used enforcement discretion to evaluate emergency situations and help permittees maintain compliance with permit requirements. As conditions for land application improved throughout 2019, the amount of biosolids in storage returned to normal levels. However, to prepare for future extreme weather conditions the regulated community wanted to have more certainty about what DEQ would allow during an emergency via enforcement discretion and also obtain approval of alternative storage methods, ultimately prompting Chapter 209. As mandated, DEQ formed a regulatory advisory panel, which then recommended allowing biosolids applicators to develop and seek approval for an emergency management plan as part of the biosolids management plan currently required. In this action, the board proposes adopting panel recommendations. Use of the proposed emergency management plan is optional. If permit holders choose to develop an emergency management plan, they must seek approval of the plan from DEQ. Subsequently, during an extreme weather event permit holders would initiate their pre-approved emergency management plan, notify DEQ of its initiation, and then follow the procedures in the plan. The emergency management plan would provide information on routine storage capacity, stipulate the thresholds that would trigger initiation of the emergency plan, lay out alternative biosolids storage options to be used during the emergency, and the procedures to initiate and conclude use of the plan. Once the thresholds have been met, and the plan has been initiated, the permit holder would notify DEQ of its initiation and explain how the stipulated emergency conditions have been met, including the conditions that limit land application, documentation that landfills are limiting biosolids disposal, etc. During this active phase, permit holders would be allowed to use the alternative storage options in the plan so long as emergency conditions persist; permit holders would also send periodic reports to DEQ regarding the available biosolid storage capacity and to ascertain whether emergency conditions continue to be present. As noted by the regulation, the active phase of the emergency management plan will conclude when the conditions causing limitations to land application cease.

Estimated Benefits and Costs. The proposed optional emergency management plan would address two key issues: uncertainty and restrictions on the ability to act quickly when an emergency occurs. Without a pre-approved emergency plan, the alternatives a permit holder would have are limited and costly. For example, a permit holder could transport excess biosolids to a landfill or incinerate it. However, DEQ reports that the same kind of weather conditions that limit the application of biosolids on land also limit landfill capacity to accept biosolids, often forcing regulants to find a landfill far away or even out of state. In addition, sending biosolids to a landfill or incineration adds to facility operating costs. If the available options that would allow a permit holder to stay within the perimeters of their permit are economically not feasible, they can seek a variance. However, the variance procedure requires a case-by-case review of the conditions; this review takes time, which prevents a permit holder from acting in a timely fashion during an emergency. The last alternative available is the exercise of enforcement discretion by DEQ, but that option is beyond the control of the permit holder. Under the proposal, a permittee can be proactive and develop an emergency management plan for approval by DEQ that describes the conditions that would constitute an emergency and the additional storage options that would be used during an emergency. The development of the emergency management plan would introduce administrative or consultant costs but would have the benefit of providing certainty and the ability to act quickly during an emergency, while also helping to avoid the costly compliance options discussed above. DEQ does not have estimates on the cost or the range of the potential cost to develop such plans but notes that the costs could vary widely depending on the level of detail included in the plan, options chosen, and number of emergency storage sites identified. Similarly, there is no estimate on the benefits of an emergency management plan. Even though data are lacking on the magnitude of the costs and benefits to the applicant, we can reliably infer that the expected benefits to the applicant must exceed the expected costs since the development of the plan is optional. The presence of an emergency management plan is also expected to benefit DEQ as they would not have to review and make decisions on potential variance applications or discretionary enforcement decisions during an emergency. An emergency management plan would also provide pre-approved alternative storage options that should minimize negative environmental impacts and provide the public with transparency on what can be expected when emergency conditions arise. Finally, an emergency management plan can benefit wastewater treatment facilities to the extent it helps them improve their storage capacity management in extreme weather conditions.

Businesses and Other Entities Affected. According to DEQ, there are currently 10 owners of 92 individual permits for land application of biosolids who could potentially submit emergency management plans. It is anticipated that each owner would submit one plan that could apply to multiple permits. No permit holder appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ The proposed biosolids emergency plan is voluntary. Thus, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not appear to adversely affect small businesses.

Localities⁷ Affected.⁸ According to DEQ, localities, as part of their zoning ordinances, may designate or reasonably restrict the storage of biosolids based on criteria directly related to the public health, safety, and welfare of its citizens and the environment. (§ 62.1-44.19:3 of the Code of Virginia). The current limitations for onsite storage are intended to create a threshold below which storage would not be subject to a local ordinance. If onsite storage during a weather emergency were to extend beyond 45 days, or if stored material were to be land applied on farms other than where the on-site storage facility was located, the applicability of a local ordinance may come into play. However, the proposal does not directly introduce costs for localities.

Projected Impact on Employment. The development of a biosolids emergency plan would likely require some staff or consultant time for the land applicators but would also likely provide labor savings during emergencies by eliminating the need to transport biosolids long distances. Similarly, DEQ would spend time reviewing the plans submitted for approval but also would avoid spending time on potential variance requests during extreme weather conditions in the absence of an emergency plan. Thus, the net impact on labor demand and employment is unknown.

Effects on the Use and Value of Private Property. Since the development of the biosolids emergency plan is optional we can infer that expected benefits to the land applicators must exceed the costs for plan development. Thus, a positive impact on asset values of land applicators may be expected. The proposed amendments do not affect real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://legacylis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0209.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Water Control Board has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

Pursuant to Chapter 209 of the 2024 Acts of Assembly, the amendments establish standards for additional onsite and alternative storage site requirements that the regulated community may include in permits to address situations when routine and onsite storage facility capacity and holding times are anticipated to be exceeded due to extended periods of precipitation. The standards will account for increased intensity, frequency, and duration of storm events and continue to protect against the release of biosolids (i.e., treated sewage sludge) into state waters. The inclusion of emergency action plans by the regulated community is optional.

9VAC25-32-410. Biosolids management plan.

A. The permit holder shall maintain and implement a Biosolids Management Plan that shall consist of three components:

1. The materials, including site booklets, developed and submitted at the time of permit application or permit modification adding a farm to the permit in accordance with 9VAC25-32-60 F;

2. Nutrient management plan developed for each site, prior to biosolids application; and

3. Operations and maintenance (O&M) manual, developed and submitted to the department within 90 days of the effective date of the permit.

B. The biosolids management plan and all of its components shall be incorporated as an enforceable part of may also include an emergency management plan, developed and submitted to the department for approval at any point during the permit term. The requirements for an emergency management plan are set out in subsection F of this section.

C. The biosolids management plan and all of its components shall be incorporated as an enforceable part of the permit.

D. Nutrient management plan:.

1. A nutrient management plan approved by the Department of Conservation and Recreation shall be required for application sites prior to department authorization under specific conditions, including but not limited to:

a. Sites operated by an owner or lessee of a confined animal feeding operation as defined in subsection A of § 62.1-44.17:1 of the Code of Virginia, or confined poultry feeding operation as defined in subsection A of § 62.1-44.17:1.1 of the Code of Virginia;

b. Sites where land application more frequently than once every three years at greater than 50% of the annual agronomic rate is proposed;

c. Mined or disturbed land sites where land application is proposed at greater than agronomic rates; and

d. Other sites based on site-specific conditions that increase the risk that land application may adversely impact state waters.

2. Where conditions at the land application site change so that it meets one or more of the specific conditions identified in subdivisions 1 a through d of this subsection, an approved nutrient management plan shall be submitted prior to any future land application at the site.

3. The nutrient management plan shall be available for review by the department at the land application site during biosolids land application.

4. Within 30 days after land application at the site has commenced, the permit holder shall provide a copy of the nutrient management plan to the farm operator of the site, the Department of Conservation and Recreation and the chief executive officer or designee for the local government unless they request in writing not to receive the nutrient management plan.

5. The nutrient management plan must be approved by the Department of Conservation and Recreation prior to land application for application sites where the soil test phosphorus levels exceed the values in Table 1 of this section. For purposes of approval, permittees should submit the nutrient management plan to the Department of Conservation and Recreation at least 30 days prior to the anticipated date of land application to ensure adequate time for the approval process.

TABLE 1 SOIL PHOSPHORUS LEVELS REQUIRING NMP APPROVAL
Region	Soil Test P (ppm) VPI & SU Test (Mehlich I)*
Eastern Shore and Lower Coastal Plain	135
Middle and Upper Coastal Plain and Piedmont	136
Ridge and Valley	162
*If results are from another laboratory, the Department of Conservation and Recreation approved conversion factors must be used.

D. E. The O&M manual shall include, at a minimum:

1. Equipment maintenance and calibration procedures and schedules;

2. Storage facility maintenance procedures and schedules;

3. Sampling schedules for:

a. Required monitoring; and

b. Operational control testing;

4. Sample collection, preservation, and analysis procedures, including laboratories and methods used; and

5. Instructions for recording and reporting of all monitoring activities.

F. Emergency management plan. The emergency management plan specifies the procedures a permit holder will follow to address administrative, staging, signage, and additional onsite and emergency storage site requirements when routine and onsite storage facility capacity and holding times are anticipated to be exceeded. The purpose of the emergency management plan is to protect against the release of biosolids into state waters and to account for increased intensity, frequency, and duration of storm events.

1. The emergency management plan shall include the following:

a. An outline of existing routine storage capacity, onsite storage capacity, storage at generating facilities (as applicable), and any other storage capacity authorized and available to the permit holder;

b. Documentation of total volume of biosolids contracted or expected to be land applied annually;

c. Based on the information provided in subdivisions F 1 a and F 1 b of this section, a calculation of the estimated total number of days of storage available annually;

d. Procedures and thresholds for requesting the initiation of the emergency management plan;

e. Recordkeeping and reporting procedures when an emergency management plan is active; and

f. Procedures for concluding emergency management plan implementation.

2. The emergency management plan shall also include at least one of the following procedures:

a. Emergency storage locations that the permit holder may only use after the emergency management plan is initiated in accordance with 9VAC25-32-550 F;

b. Planned deviations from onsite storage requirements specified in the biosolids management plan, including:

(1) The application of biosolids at permitted sites other than those under the operational control of the same owner or operator of the site where the onsite storage is located as specified in 9VAC25-32-550 D;

(2) The amount of biosolids stored as specified in 9VAC25-32-550 D 3; or

(3) The storage time limitations as specified in 9VAC25-32-550 D;

c. Planned deviations from or reduction of sign posting requirements specified in 9VAC25-32-515 B; or

d. Planned deviations from procedures specified in the O&M manual.

3. Procedural deviations specified in the emergency management plan may not include additional deviations from permit requirements other than those listed in subdivisions F 2 a through F 2 d of this section.

4. The emergency management plan shall be kept current and updated within 30 days of changes in available storage sites or volume of biosolids managed. Changes to procedures or the addition of emergency storage sites shall be approved by the department prior to implementation.

5. A request to initiate the emergency management plan shall include:

a. A description of conditions causing limitations to land application that may include:

(1) Saturated land due to prolonged precipitation or flooding;

(2) Governor-issued emergency declarations related to the intensity, frequency, or duration of storm events;

(3) Measured, regional precipitation thresholds;

(4) Influx of additional biosolids to be managed due to the intensity, frequency, or duration of storm events; or

(5) Unreasonably burdensome geographic and transportation constraints. Unreasonably burdensome geographic and transportation constraints alone, without other conditions that are causing limitations to land application, are not sufficient cause to initiate an emergency management plan;

b. Efforts to utilize all available storage capacity, including the total capacity of storage available at the time of the request to initiate the emergency management plan;

c. Documentation that landfills are further limiting biosolids disposal and a description of landfill limitations at the time of the request to initiate the emergency management plan; and

d. Any additional information determining whether cause exists for initiating the emergency management plan.

6. Approval and implementation procedures.

a. A permit holder shall submit the emergency management plan to the department for approval and may not initiate the emergency management plan until it has been approved.

b. A permit holder may initiate the approved emergency management plan when the thresholds specified in the emergency management plan have been met.

c. Upon initiation of the emergency management plan, the permit holder shall notify the department in writing and follow the procedures described in the plan.

d. The active phase of an emergency management plan begins upon initiation and ends when the conditions causing limitations to land application cease.

e. During an active emergency management plan, a permit holder shall include an addendum to monthly reports required by the permit that includes the following:

(1) Date the permit holder initiated the emergency management plan;

(2) A description of the deviations authorized in the emergency management plan from permit requirements, and deviations in O&M manual procedures implemented;

(3) A description of efforts to phase out emergency management plan implementation, which may include emptying emergency storage, bringing onsite storage back into compliance with permit requirements, and other reductions in emergency procedures;

(4) An inventory for each storage location to include:

(a) Dates and amounts of each biosolids source placed and removed; and

(b) Destination permit and field identification for the sources removed;

(5) Any conditions or activities that deviated from the approved emergency management plan;

(6) Changes in availability of landfill disposal; and

(7) Date the permit holder concluded the emergency management plan implementation, when applicable.

f. The permit holder shall follow the procedures for concluding emergency management plan implementation as specified in the approved emergency management plan.

7. The active phase of the emergency management plan will conclude when the conditions causing limitations to land application cease.

9VAC25-32-550. Storage facilities.

A. No person shall apply to the department for a permit, a variance, or a permit modification authorizing storage of biosolids without first complying with all requirements adopted pursuant to § 62.1-44.19:3 R of the Code of Virginia.

B. Two Three types of storage may be integrated into a complete biosolids management plan:

1. On-site Onsite storage, or;

2. Routine storage. Only routine storage facilities shall be considered a facility under this regulation; and

3. Emergency storage.

C. All on-site onsite storage and routine storage facilities shall comply with the requirements of this section by 12 months from the effective date of this regulation.

D. On-site Onsite storage. On-site Onsite storage is the short-term storage of biosolids on a constructed surface within a site approved for land application at a location preapproved by the department. These stored biosolids shall be applied only to sites under the operational control of the same owner or operator of the site where the on-site onsite storage is located. Requirements for on-site onsite storage include the following:

1. The certified land applier shall notify the department within the same working day whenever it is necessary to implement on-site onsite storage. Notification shall include the source or sources, location, and amounts;

2. A surface shall be constructed with sufficient strength to support operational equipment and with a maximum permeability of 10^-7 cm/sec;

3. Storage shall be limited to the amount of biosolids specified in the nutrient management plan to be applied at sites under the operational control of the same owner or operator of the site where the on-site onsite storage is located;

4. If malodors related to the stored biosolids are verified by the department at any occupied dwelling on surrounding property, the problem must be corrected within 48 hours. If the problem is not corrected within 48 hours, the biosolids must be removed from the storage site;

5. All biosolids stored on the on-site onsite storage pad shall be land applied by the 45^th 45th day from the first day of on-site onsite storage;

6. Biosolids storage shall be located to provide minimum visibility from adjacent properties;

7. Best management practices shall be utilized as appropriate to prevent contact with storm water run on or runoff;

8. Stored biosolids are to be inspected by the certified land applier at least every seven days and after precipitation events of 0.1 inches or greater to ensure that runoff controls are in good working order. Observed excessive slumping, erosion, or movement of biosolids is to be corrected within 24 hours. Any ponding or malodor at the storage site is to be corrected. The certified land applier shall maintain documentation of inspections of stored biosolids;

9. The department may prohibit or require additional restrictions for on-site onsite storage in areas of Karst karst topography and environmentally sensitive sites; and

10. Storage of biosolids shall be managed so as to prevent adverse impacts to water quality or public health.

E. Routine storage. Routine storage is the long-term storage of biosolids at a facility not located at the site of the wastewater treatment plant, preapproved by the department and constructed specifically for the storage of biosolids to be applied at any permitted site. Routine storage facilities shall be provided for all land application projects if no alternative means of management is available during nonapplication periods. No person shall apply to the department for a permit, a variance, or a permit modification authorizing storage of biosolids without first complying with all requirements adopted pursuant to § 62.1-44.19:3 A 5 of the Code of Virginia. Plans and specifications for any surface storage facilities (e.g., pits, ponds, lagoons) or aboveground facilities (e.g., tanks, pads) shall be submitted as part of the minimum information requirements. The minimum information requirements include:

1. Location.

a. The facility shall be located at an elevation that is not subject to, or is otherwise protected against, inundation produced by the 100-year flood/wave action as defined by U.S. Geological Survey or equivalent information.

b. Storage facilities should be located to provide minimum visibility.

c. All storage facilities located offsite of property owned by the generator shall be provided with a minimum 750-feet setback area. The length of the setback area considered will be the distance measured from the perimeter of the storage facility. Residential uses, high-density human activities, and activities involving food preparation are prohibited within the setback area. The department may reduce the setback requirements based on site-specific factors, such as facility size, topography, prevailing wind direction, and the inclusion of an effective windbreak in the overall design.

2. Design capacity.

a. The design capacity for storage of liquid biosolids shall be sufficient to store a minimum volume equivalent to 60 days or more average production of biosolids and the incidental wastewater generated by operation of the treatment works plus sufficient capacity necessary for: (i) the 25 year-24 hour 25-year, 24-hour design storm (incident rainfall and any runoff as may be present); (ii) net precipitation excess during the storage period; and (iii) an additional one foot freeboard from the maximum water level (attributed to the sum of the above listed factors) to the top berm elevation. Storage capacity of less than that specified above in this subdivision will be considered on a case-by-case basis only if sufficient justification warrants such a reduction.

b. If alternative methods of management cannot be adequately verified, contractors shall provide for a minimum of 30 days of in-state routine storage capacity for the average quantity of biosolids transported into Virginia from out-of-state treatment works generating at least a Class B biosolids.

3. Facility design.

a. All drawings and specifications shall be submitted in accordance with 9VAC25-790-160.

b. The biosolids shall be stored on an engineered surface with a maximum permeability of 10^-7 cm/sec and of sufficient strength to support operational equipment.

c. Storage facilities designed to hold dewatered biosolids shall be constructed with a cover to prevent contact with precipitation.

d. Existing facilities permitted as routine storage facilities and designed to contain liquid biosolids may be used to store dewatered biosolids. The supernatant shall be managed as liquid biosolids in accordance with 9VAC25-32-550 E 5 d. Freeboard shall be maintained in accordance with 9VAC25-32-550 E 5 c. The department may require additional monitoring prior to land application.

e. Storage facilities shall be of uniform shape (i.e., round, square, rectangular) with no narrow or elongated portions.

f. The facilities shall also be designed to permit access of equipment necessary for loading and unloading biosolids, and shall be designed with receiving facilities to allow for even distribution of biosolids into the facility.

g. The design shall also provide for truck cleaning facilities.

4. Monitoring. All biosolids storage facilities shall be monitored in accordance with the requirements of this regulation. Plans and specifications shall be provided for such a monitoring program in accordance with the minimum information specified in 9VAC25-32-60 F and 9VAC25-32-410.

5. Operation.

a. Only biosolids suitable for land application (Class A or B biosolids) shall be placed into permitted routine storage facilities.

b. Storage of biosolids located offsite or remote from the wastewater treatment works during the summer months shall be avoided whenever possible so that the routine storage facility remains as empty as possible during the summer months.

c. Storage facilities shall be operated in a manner such that sufficient freeboard is provided to ensure that the maximum anticipated high water elevation due to any and all design storm inputs is not less than one foot below the top berm elevation.

d. Complete plans for supernatant disposal shall be provided in accordance with 9VAC25-32-60 F. Plans for supernatant disposal may include transport to the sewage treatment works, mixing with the biosolids for land application, or land application separately. However, separate land application of supernatant will be regulated as liquid biosolids; additional testing, monitoring, and treatment (disinfection) may be required.

e. The facility site shall be fenced to a minimum height of five feet; gates and locks shall be provided to control access. The fence shall be posted with signs identifying the facility. The fence shall not be constructed closer than 10 feet to the outside edge of the facility or appurtenances, to allow adequate accessibility.

f. If malodors related to the stored biosolids are verified by the department at any occupied dwelling on surrounding property, the malodor must be corrected within 48 hours.

6. Closure. An appropriate plan of closure or abandonment shall be developed by the permittee when the facility ceases to be utilized and approved by the department. Such plans may also be reviewed by the Virginia Department of Health.

7. Recordkeeping. A manifest system shall be developed, implemented, and maintained and be available for inspection during operations as part of the overall daily recordkeeping for the project (9VAC25-32-60 F).

F. Emergency storage. Emergency storage is the short-term storage of biosolids at a location identified in an emergency management plan that has been approved by the department. Emergency storage sites may be added to an emergency management plan at any point during the permit term. Emergency storage sites may only be utilized after an emergency management plan has been initiated following the procedures in 9VAC25-32-410. Requirements for emergency storage include the following:

1. The permit holder shall notify or cause to be notified the locality in which the emergency storage site is located when the request to add the site to an emergency management plan is approved;

2. Prior to delivering biosolids to an emergency storage site, the permit holder shall obtain the written permission of the landowner authorizing placement of biosolids at the emergency storage site. The written permission shall include a legible map or tax parcel identification number specifying the location of the emergency storage site;

3. Not more than 24 hours prior to delivery of biosolids to an emergency storage site, the permit holder shall notify in writing the department and the chief executive officer or designee of the local government where the site is located. This notification shall include the site location and the source or sources of biosolids stored;

4. A certified land applier shall be present at the emergency storage site when biosolids are delivered. The certified land applier shall maintain documentation of the amount of each source of biosolids delivered and removed daily;

5. An emergency storage site shall include a surface with sufficient strength to support operational equipment;

6. If malodors related to the stored biosolids are verified by the department at any occupied dwelling on surrounding property, the permit holder shall correct the problem within 48 hours. If the problem is not corrected within 48 hours, the permit holder must remove the biosolids from the storage site;

7. All biosolids stored at the emergency storage site shall be prioritized for removal prior to biosolids stored at onsite or routine storage facilities;

8. Best management practices shall be utilized as appropriate to prevent contact with storm water run on or runoff;

9. Stored biosolids are to be inspected by the certified land applier at least every seven days and after precipitation events of 0.1 inches or greater to ensure that runoff controls are in good working order. Observed excessive slumping, erosion, or movement of biosolids is to be corrected within 24 hours. Any ponding or malodor at the storage site is to be corrected. The certified land applier shall maintain documentation of inspections of stored biosolids;

10. The department may prohibit or require additional restrictions, for emergency storage in areas, including karst topography and environmentally sensitive sites;

11. Storage of biosolids shall be managed so as to prevent adverse impacts to water quality or public health;

12. The certified land applier shall maintain documentation of any conditions or activities at the emergency storage site that are not in accordance with the approved emergency management plan; and

13. Upon presentation of credentials, any duly authorized agent of the department may, at reasonable times and under reasonable circumstances during the active phase of an emergency management plan, enter upon the property, public or private, where an emergency storage site is located, for the purpose of inspecting the emergency storage site for compliance with the conditions specified in this subsection.