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Upon receipt of complaints related to biosolids, the Loudoun Department of Public Health will investigate in conjunction with the County Soil Scientist, and will notify the applicator as soon as possible. Enforcement action may be necessary in response to complaints that are investigated and found to be justified. No person shall apply biosolids generating persistent, obnoxious odors offensive to persons of ordinary sensitivity across property lines after land application. Significantly offensive and obnoxious odors which result in multiple complaints reported to the Health Department may be considered a violation of this chapter, and may result in enforcement action, including, but not limited to, suspension or revocation of the permit under which biosolids are being applied.
Such action may be specific to the producer of the biosolids (and not to the applicator) when investigation reveals that the problem resulted from the nature of the applied biosolids, as opposed to application procedures.
(Ord. 99-05. Passed 4-7-99.)
Whoever violates any of the provisions of this chapter shall be guilty of a Class 3 misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. In addition, so as to prevent continuing problems, the following enforcement provisions will apply:
(a) Producer. If it is found that biosolids quality (including local persistent obnoxious odor restrictions in this chapter) does not comply with the provisions of Federal, State, or local regulations or ordinances, the Loudoun County Health Department shall issue a notice of intent to suspend or revoke this producer's biosolids from further application within Loudoun County. This shall be sent by certified mail to the last known address of the producer. A maximum thirty-day period shall be provided for the producer to appeal such notice, and to supply scientific data demonstrating compliance with all regulatory requirements. If such appeal is not made, or is not sufficient to demonstrate compliance, a notice of violation shall be issued resulting in a six-month suspension of that producer's biosolids from application within Loudoun County. Following the expiration of the suspension, the producer shall be required to meet with representatives of Loudoun County and review the improvements to the operation prior to a formally approved resumption of application of biosolids within Loudoun County.
The second time a suspension from the same producer is necessary (if it occurs within two years of the reinstatement date), the suspension will be for one year. The third suspension shall result in a ban of that producer's biosolids being applied in Loudoun County for a term of two years. Following a two-year suspension, a reinstatement fee will be required prior to reinstatement.
(b) Applicator. If it is found that the biosolids application (including local persistent obnoxious odor restrictions in this chapter) does not comply with the provisions of Federal, State, or local regulations or ordinances, the Loudoun Department of Public Health shall issue a notice of intent to suspend or revoke permits in the name of this applicator from continued operation within Loudoun County. This shall be sent by certified mail to the last known address of the applicator. A maximum thirty-day period shall be provided for the applicator to appeal such notice and supply scientific data demonstrating compliance with all regulatory requirements. If such appeal is not made or is not sufficient to demonstrate compliance, a notice of violation shall be issued resulting in a suspension of that applicator's operation from within Loudoun County for a six-month period. Following the expiration of the suspension, the applicator shall be required to meet with representatives of Loudoun County and review improvements to the operation prior to a formally approved resumption of operations within Loudoun County.
The second time a suspension from the same applicator is necessary (if it occurs within two years of the reinstatement date), the suspension will be for one year.
The third suspension shall result in a two-year suspension of that applicator's permits to apply in Loudoun County. Following a two-year suspension, a reinstatement fee will be required prior to reinstatement. (Ord. 99-05. Passed 4-7-99.)
Fixed fees are established for plan review, site evaluations and permitting as follows:
Plan Review and Permit Fee = $200.00 (5 year cycle) + (# acres x $2.00/acre)
Fixed fees are established for investigation of complaints, enforcement actions, and program operations through an annual spreading fee as follows:
Annual Spreading Fee = $2.00/acre of the acreage upon which biosolids will be applied during the coming year.
Reinstatement of permit fee (following a 2-year permit suspension) = $2,000.00
(Ord. 99-05. Passed 4-7-99.)