DEQ regulates all land application of biosolids. The Virginia Department of Health continues to consult with DEQ and advise the public on health issues related to biosolids applications.

Regulations require nutrient management plans for all fields receiving Class B biosolids, unannounced inspections of the land application sites, certification of persons land applying biosolids, and payment of a $7.50 fee per dry ton of Class B biosolids land applied. The fee is paid by the generator of the biosolids, and helps to fund the biosolids regulatory functions of DEQ and the Department of Conservation and Recreation, as well as local government monitoring programs.

DEQ has approximately 10 employees devoted to the biosolids land application program who provide administrative oversight of the program; perform the inspection and permitting functions, and provide training and certification to land appliers and local monitors. DEQ provides continuing education classes several times throughout the year for the land applicators to maintain their certification.

Regulatory requirements pertaining to biosolids are found in the Virginia Pollution Abatement (VPA) Permit Regulation 9VAC25-32 and the Fees for Permits and Certificates Regulation 9VAC29-20.

A VPA permit authorizing the land application of biosolids is issued to a permit applicant for each county where biosolids are proposed for land application.  When a VPA permit application is submitted, the permit application must include specific sites and fields that are proposed for land application of biosolids. Permit processing involves individual site evaluations, notification to the owners of land adjacent to the proposed land application site, and for new permits or permit modifications to add greater than 50% of the original permitted acreage, a public meeting is held. After a new permit is issued or a permit modification is signed, biosolids may be land applied only to those sites that have been approved and included in the issued or modified permit.  All biosolids must be land applied in accordance with the permit, which identifies special conditions regarding biosolids treatment and quality, transport, storage and site operations, including setbacks to residences, property lines and environmental features.

The land application of biosolids on sites authorized by a VPA or VPDES Permit must comply with setbacks of 100 feet from property lines and 200 feet from occupied dwellings, among other Setback Restrictions. Owners and residents of property adjacent to a land application site may request that the setbacks from property lines and occupied dwellings be extended from 100 feet up to 200 feet and from 200 feet up to 400 feet, respectively.  To request the setbacks for property lines and occupied dwellings, the owner or resident of the property must complete and submit the Request for Extended Setback from Biosolids Land Application Field Form. The form must be completed for the specific person requesting the extended setback, have the name and signature of the requestor's attending physician, and be submitted to the DEQ office that will, or has, issued the permit.  The setback extensions are granted to the requestor whose name is on the form and will follow the requestor should that person relocate within the state of Virginia.