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to regulate sludge application. Namely, she disagrees with Luke’s use of the Chesapeake Bay Act.
Luke said the Bay Act allows counties in the Bay watershed to establish a 100foot vegetated buffer requirement around waters of “exceptional quality.”
“All the waters in Rappahannock ought to be able to qualify,” he said.
Trumbo disagreed.
“We work in counties that are required to follow the Chesapeake Bay Act,” including Essex, Surry and Richmond counties in the Tidewater region of Virginia, she said, “and none of the these counties have a 100-foot buffer [requirement].”
Luke and Trumbo agreed to disagree on the legal authority contained in the Bay Act.
Other provisions, such as the Endangered Species Act, total maximum daily load plans and fish consumption advisories, will also be included in the ordinance as factors the county will bring to the Virginia Department of Environmental Quality prior to a permit for sludge application being issued.
Luke noted that TMDLs are set by the DEQ, so the department should not approve an activity that would cause a TMDL to be exceeded.
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