In the future, Madison County farmers who accept sludge might have to reveal it more publicly. That’s if the Madison County Board of Supervisors goes ahead with an ordinance similar to Rappahannock County’s law on the application of sludge, sometimes called biosolids.
Criglersville resident and longtime outspoken sludge critic Khalil Hassan went before the Madison County Board of Supervisors June 30 to urge them to adopt an ordinance regarding the spreading of sludge on farmlands in Madison County.
County Attorney V.R. “Shack” Shackelford said he thought at one time there was an ordinance about sludge in Madison County and said he would research what is on the books.
“I’ll pull out my file and brush up on it, but I thought at some point we had enacted something and it may have been negated by subsequent state legislation and then we didn’t update the ordinance. I have that vague recollection,” Shackelford said at the June 30 workshop at the County Thrift Road Complex.
Sludge is treated sewage that is spread on farmlands as free fertilizer. It is a controversial agricultural practice that some supporters find no problem with, while others -- like Hassan -- oppose it, citing what they say are health risks.
Supervisors did not specifically say whether they supported an ordinance or not. They were engaged in the conversation though and asked Hassan questions.
Board Chairman James Arrington asked Hassan, “You said, ‘God knows what is in the stuff that is applied.’ But isn’t every load tested according to state requirements before it’s applied? Isn’t there a state requirement?”
Hassan said there are only three inspectors for the entire state and he had serious doubts that every load is being inspected, especially because of the economy.
Hassan urged supervisors to adopt an ordinance similar to Rappahannock County’s ordinance on sludge. Hassan said he would send a copy of the Rappahannock ordinance to the supervisors.
One feature of the “Rapp” ordinance that Hassan finds appealing is that there will be a record on the land deed if the property owner used sludge.
“The buyer will know exactly what they are getting,” Hassan said.
Also, another key feature of the ordinance is that the county would be reimbursed if it tests and monitors the sludge that is being spread.
He said those who are using sludge and those who wish to use sludge in the future would not be prohibited from doing so, but he would like to see certain rules regarding the use of sludge.
Hassan said he felt compelled to speak out after hearing the March news that sludge could be applied to nearly 4,000 acres in Madison County.
Hassan explained that sludge stems from whatever is poured, flushed or dumped into drains from domestic, industrial and commercial sources. It is treated and the water is released into the ocean and the residuals are what is called sludge, he said.
“Imagine what gets flushed down a toilet and poured down the drains from residences, hospitals, industrial plants, prisons, etc. Add to that, what gets washed off the streets as a result of street cleaning or a rain event in a typical metropolitan area and that is the complex mixture known as sludge,” Hassan said.
He would like to ensure that sludge not be applied or stored within 400 yards of any school, playground, church, public park, daycare center, potable water supply well, wetland, residential facility for the elderly or infirm or public or private gathering of a large number of people.
“We are asking for this out of the belief that, among other things, such an ordinance will help prevent or minimize adverse effects on the soil, water and human health of Madison County,” Hassan said.
In his speech to the supervisors, he cited examples of biosolids being the reason for the death of at least two people in Georgia, along with an unspecified number of cows.
“We don’t expect any relief from Richmond and even less from Washington,” Hassan said. “The fact is that rural areas like ours have become dumping grounds for metropolitan wastes in the guise of being free fertilizer for farmers – but we know nothing is free.”
Hassan said the next generation of farmers are using less acres and more sustainable practices and do not want to use farm land that has a history of sludge application.
“If it’s not safe enough to dump in the ocean, how can it possibly be safe enough to dump on our farmland?” Hassan asked in closing.
It was unclear what – if any -- action supervisors might take on Hassan’s request.
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In other matters at its June 30 monthly workshop, the Madison County Board of Supervisors:
*Asked County Administrator Lisa Robertson to draft a discussion ordinance about pump and haul waste disposal systems. To help property owners like those who own the old Criglersville general store building, supervisors are looking at allowing waste systems such as pump and haul systems for use in areas where a conventional septic drain field might not work.
According to official records, the old Criglersville general store building is owned by the Tony and Richard Lam family. The two-story wood frame building was built in 1900 and is on a .370 acre-lot at the northwest corner of Old Blue Ridge Turnpike (Route 670) and Poorhouse Road (Route 642)
Robertson said a Lam family member came to her about the issue of a septic system at the old store and wanted the supervisors to look at the topic.
Supervisor Jerry Butler said he thought the Madison County Economic Development Committee should look into this matter.
Supervisor Dave Allen agreed it would be beneficial to business, but wasn’t sure if the economic development committee needed to look at this issue.
“I certainly think the economic development committee can look at it and come up with some recommendations but just looking at it, it is obvious there is a need and it could be beneficial to some businesses coming to this county. I don’t know there is a need to shuffle off the obvious to a committee,” Allen said. Robertson said a number of other counties in the area allow pump and haul systems.
“Under the state regulations, a county has to enter into a contract directly with the state health department and the county has to hold the permit to operate the pump and haul system,” Robertson said.
She said Culpeper and Shenandoah counties both allow pump and haul systems. Culpeper has its own treatment plant and Shenandoah County is part of a “sanitary district.”
Robertson presented the supervisors with a copy of Shenandoah County’s ordinance that establishes their pump and haul policy as well as Culpeper County’s written agreement. She said they allow them in very rare circumstances.
“I like that Shenandoah County adopted an ordinance that sets out what the policy is about who would be eligible and how to handle it and they also use written agreements with property owners and haulers,” Robertson said.
She said it would have to be sufficiently monitored and some staff could do spot checks.
“Most places do this as a last resort. It is not favored as a sewage disposal system. It is not something completely beyond imagination. It is not something unreasonable for Ms. Lam to at least ask you to take a look at it for it to be beneficial in some places,” Robertson said.
As a general rule, you can only have pump and haul systems for a temporary period of time unless it is done under the supervision of a government entity, Robertson said.
Robertson said the Sheetz convenience store in Ruckersville has a pump and haul system.
*Heard that the county received correspondence from the Madison County Volunteer Fire Company expressing concern with current radio communications system. The correspondence, signed by Fire Chief Troy Coppage, said that having communication problems can threaten responders’ lives. This issue is an item on their capital improvement program (CIP).
“I think when it comes to life or death issues, this is something we need to take a serious look at -- even before the CIP. This is something that can (take) someone’s life,” Supervisor Pete Elliott said. Robertson said she would come back with pricing and how the county might finance it.
*Asked the county administrator to send back a $1,800 request by the director of the Virginia Wine Board marketing office to the Madison Chamber of Commerce. The donation would promote tourism during a wine “blogger” conference in Charlottesville at the Omni Hotel July 22. The money would sponsor a bus trip to Madison County wineries and include lunch for the bloggers and media. The supervisors said they would like the chamber to see if the wine manufacturers in Madison County would be willing to donate the money.
Nelson County has reportedly agreed to kick in $2,700 for a trip to its wineries.
The conference is supposed to attract 325 wine bloggers and media from across the country.
“I am a bit conflicted on this because we say we want to promote economic development and this is certainly one way to get exposure,” Supervisor Dave Allen said. “The other side of it is spending tax money that involves the consumption of alcohol -- that goes against the grain.” Supervisors discussed whether the tourist tax would pay for this, but decided that money should be used to lure tourists to stay in the county.
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