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By Gerald Ochs
Rappahannock News Writer
The Rappahannock County Board of Supervisors had their first opportunity, at their April meeting, to review the sludge ordinance drafted to bring the County into compliance with the State law that forbids any local jurisdiction from prohibiting the land application of biosolids. The draft ordinance, crafted by County Attorney Peter Luke, replaces the existing Rappahannock County ban with an ordinance that “takes a caveat emptor (let the buyer beware) approach” by requiring that such application of biosolids be registered with the County Administrator and on relevant land records.
It also requires that any prospective purchaser of any portion of subdivided “sludged land” be informed that “Sewage sludge has been applied to this land . . . *
Under the draft ordinance, a permit for the land application of sludge will only be issued to those applicants who have obtained a permit from the State Health Commissioner, who have a valid “Biosolids Application Agreement” with the landowner, and who have developed any required sludge management or operational plans.
The draft ordinance also requires that the applicant inform adjoining property owners prior to any land application of sludge,, and that the land be posted with signs that caution, “No Trespassing, Health Hazard, Sewage Sludge Has Been Applied To This Land” during the period of time that access is restricted because of sludge application. The ordinance specifies that violation of any provision of the ordinance is a Class 1 Misdemeanor, punishable by a sentence of up to 12 months in jail and/or a fine of up to $2500.
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