1. A. Biosolids.

   1. 1. The person who prepares the biosolids in 9VAC25-31-510 B 1 or E shall develop the following information and shall retain the information for five years:

      1. a. The concentration of each pollutant listed in Table 3 of 9VAC25-31-540 in the biosolids;

      2. b. The following certification statement:

         "I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in 9VAC25-31-710 A and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

      3. c. A description of how the Class A pathogen requirements in 9VAC25-31-710 A are met; and
      4. d. A description of how one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 is met.

   2. 2. The person who derives the material in 9VAC25-31-510 C 1 or in 9VAC25-31-510 F shall develop the following information and shall retain the information for five years:

      1. a. The concentration of each pollutant listed in Table 3 of 9VAC25-31-540 in the material;

      2. b. The following certification statement:

         "I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in 9VAC25-31-710 A and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

      3. c. A description of how the Class A pathogen requirements in 9VAC25-31-710 A are met; and
      4. d. A description of how one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 is met.

   3. 3. If the pollutant concentrations in 9VAC25-31-540 B 3, the Class A pathogen requirements in 9VAC25-31-710 A, and the vector attraction reduction requirements in either 9VAC25-31-720 B 9 or B 10 are met when bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site:

      1. a. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

         1. (1) The concentration of each pollutant listed in Table 3 of 9VAC25-31-540 in the bulk biosolids;

         2. (2) The following certification statement:

            "I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in 9VAC25-31-710 A was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."; and

         3. (3) A description of how the pathogen requirements in 9VAC25-31-710 A are met.

      2. b. The person who applies the bulk biosolids shall develop the following information and shall retain the information for five years:

         1. (1) The following certification statement:

            "I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in 9VAC25-31-550 and the vector attraction reduction requirement in (insert either 9VAC25-31-720 B 9 or B 10) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment.";

         2. (2) A description of how the management practices in 9VAC25-31-550 are met for each site on which bulk biosolids is applied; and
         3. (3) A description of how the vector attraction reduction requirements in either 9VAC25-31-720 B 9 or B 10 are met for each site on which bulk biosolids is applied.

   4. 4. If the pollutant concentrations in 9VAC25-31-540 B 3 and the Class B pathogen requirements in 9VAC25-31-710 B are met when bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site:

      1. a. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

         1. (1) The concentration of each pollutant listed in Table 3 of 9VAC25-31-540 in the bulk biosolids;

         2. (2) The following certification statement:

            "I certify under, penalty of law, that the information that will be used to determine compliance with the Class B pathogen requirements in 9VAC25-31-710 B and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8, if one of those requirements is met) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

         3. (3) A description of how the Class B pathogen requirements in 9VAC25-31-710 B are met; and
         4. (4) When one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8 is met, a description of how the vector attraction reduction requirement is met.

      2. b. The person who applies the bulk biosolids shall develop the following information and shall retain the information for five years:

         1. (1) The following certification statement:

            "I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in 9VAC25-31-550, the site restrictions in 9VAC25-31-710 B 5, and the vector attraction reduction requirements in (insert either 9VAC25-31-720 B 9 or B 10, if one of those requirements is met) was prepared for each site on which bulk biosolids is applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

         2. (2) A description of how the management practices in 9VAC25-31-550 are met for each site on which bulk biosolids is applied;
         3. (3) A description of how the site restrictions in 9VAC25-31-710 B 5 are met for each site on which bulk biosolids is applied;
         4. (4) When the vector attraction reduction requirement in either 9VAC25-31-720 B 9 or B 10 is met, a description of how the vector attraction reduction requirement is met; and
         5. (5) The date bulk biosolids is applied to each site.

   5. 5. If the requirements in 9VAC25-31-540 A 2 a are met when bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site:

      1. a. The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

         1. (1) The concentration of each pollutant listed in Table 1 of 9VAC25-31-540 in the bulk biosolids;

         2. (2) The following certification statement:

            "I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in (insert either 9VAC25-31-710 A or B and the vector attraction reduction requirement in insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8, if one of those requirements is met) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

         3. (3) A description of how the pathogen requirements in either 9VAC25-31-710 A or B are met; and
         4. (4) When one of the vector attraction requirements in 9VAC25-31-720 B 1 through B 8 is met, a description of how the vector attraction requirement is met.

      2. b. The person who applies the bulk biosolids shall develop the following information, retain the information in 9VAC25-31-580 A 5 b (1) through b (7) indefinitely, and retain the information in 9VAC25-31-580 A 5 b (8) through b (13) for five years:

         1. (1) The location, by either street address or latitude and longitude, of each site on which bulk biosolids is applied;
         2. (2) The number of hectares in each site on which bulk biosolids is applied;
         3. (3) The date bulk biosolids is applied to each site;
         4. (4) The cumulative amount of each pollutant (i.e., kilograms) listed in Table 2 of 9VAC25-31-540 in the bulk biosolids applied to each site, including the amount in 9VAC25-31-530 E 2 c;
         5. (5) The amount of biosolids (i.e., metric tons) applied to each site;

         6. (6) The following certification statement:

            "I certify, under penalty of law, that the information that will be used to determine compliance with the requirements to obtain information in 9VAC25-31-530 E 2 was prepared for each site on which bulk biosolids is applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment.";

         7. (7) A description of how the requirements to obtain information in 9VAC25-31-530 E 2 are met;

         8. (8) The following certification statement:

            "I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in 9VAC25-31-550 was prepared for each site on which bulk biosolids is applied under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment.";

         9. (9) A description of how the management practices in 9VAC25-31-550 are met for each site on which bulk biosolids is applied;

         10. (10) The following certification statement when the bulk biosolids meets the Class B pathogen requirements in 9VAC25-31-710 B:

             "I certify, under penalty of law, that the information that will be used to determine compliance with the site restrictions in 9VAC25-31-710 B 5 was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment.";

         11. (11) A description of how the site restrictions in 9VAC25-31-710 B 5 are met for each site on which Class B bulk biosolids is applied;

         12. (12) The following certification statement when the vector attraction reduction requirement in either 9VAC25-31-720 B 9 or B 10 is met:

             "I certify, under penalty of law, that the information that will be used to determine compliance with the vector attraction reduction requirement in (insert either 9VAC25-31-720 B 9 or B 10) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."; and

         13. (13) If the vector attraction reduction requirements in either 9VAC25-31-720 B 9 or B 10 are met, a description of how the requirements are met.

   6. 6. If the requirements in 9VAC25-31-540 A 4 b are met when biosolids is sold or given away in a bag or other container for application to the land, the person who prepares the biosolids that is sold or given away in a bag or other container shall develop the following information and shall retain the information for five years:

      1. a. The annual whole sludge application rate for the biosolids that does not cause the annual pollutant loading rates in Table 4 of 9VAC25-31-540 to be exceeded;
      2. b. The concentration of each pollutant listed in Table 4 of 9VAC25-31-540 in the biosolids;

      3. c. The following certification statement:

         "I certify, under penalty of law, that the information that will be used to determine compliance with the management practice in 9VAC25-31-550 E, the Class A pathogen requirement in 9VAC25-31-710 A, and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-31-720 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

      4. d. A description of how the Class A pathogen requirements in 9VAC25-31-710 A are met; and
      5. e. A description of how one of the vector attraction requirements in 9VAC25-31-720 B 1 through B 8 is met.

2. B. Domestic septage. When domestic septage is applied to agricultural land, forest, or a reclamation site, the person who applies the domestic septage shall develop the following information and shall retain the information for five years:

   1. 1. The location, by either street address or latitude and longitude, of each site on which domestic septage is applied;
   2. 2. The number of acres in each site on which domestic septage is applied;
   3. 3. The date domestic septage is applied to each site;
   4. 4. The nitrogen and phosphorus requirement for the crop or vegetation grown on each site during a 365-day period;
   5. 5. The rate, in gallons per acre per 365-day period, at which domestic septage is applied to each site;

   6. 6. The following certification statement:

      "I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in (insert either 9VAC25-31-710 C 1 or 2) and the vector attraction reduction requirements in (insert 9VAC25-31-720 B 9, 10, or 12) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

   7. 7. A description of how the pathogen requirements in either 9VAC25-31-710 C 1 or 2 are met; and
   8. 8. A description of how the vector attraction reduction requirements in 9VAC25-31-720 B 9, 10, or 12 are met.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 16, Issue 25, eff. September 27, 2000; Volume 29, Issue 24, eff. September 1, 2013.