HomeMy WebLinkAboutAgenda - 10-13-2009 - 1ORANGE COUNTY
BOARD OF COMMISSIONERS
WORKSESSION AGENDA ITEM ABSTRACT
Meeting Date: October 13, 2009
Action Agenda
Item No. 1
SUBJECT: Land Application of Wastewater Biosolids
DEPARTMENT: Manager, ERCD, Health, PUBLIC HEARING: (Y/N) No
Cooperative Extension
ATTACHMENT(S): INFORMATION CONTACT:
Timeline of Activities to Date Frank Clifton, 245-2300
Map - Biosolid Application Sites, 2008 Dr. Rosemary Summers, 245-2411
Health Department Memo -March 2008 David Stancil, 245-2590
CFE Memo -April 2008 Tom Konsler, 245-2365
May 2008 Correspondence Between Dr. Carl Matyac, 245-2062
Orange County and NCDWQ
CFE Memorandum -April 2009
Health Department Proposed Regional
Forum -August 2009 Materials
CFE Memorandum -August 2009
PURPOSE: To review activities to date and consider a proposal to address issues related to the
land application of wastewater biosolids, and provide direction to management and staff
concerning desired next steps.
BACKGROUND: Local issues regarding the land application of public wastewater biosolids (in
previous years informally known as "sludge") date back to the late 1980's. In 1990, prompted
by months of review by the Bingham Township Advisory Council (TAC), the Planning Board
conveyed information to the Board of Commissioners about OWASA sludge application. This
issue continued to be a regular topic of discussion in Bingham TAC meetings for the next few
years. The Board of Health adopted rules that included the monitoring of biosolids application
activities. The permitting process and regulation, however, remains with the state Division of
Water Quality (NCDWQ).
During the intervening years, land application of wastewater biosolids in the County increased in
scope and number of sites. As of October 2009, six wastewater generators (Burlington, Cary,
Durham, Hillsborough, Mebane and OWASA) apply biosolids to over 3,000 acres of farmland in
Orange County. OWASA applies biosolids to land it owns as well as land in private ownership.
The other five systems apply biosolids to primarily private lands.
On March 6, 2008, the executive director of the Blue Ridge Environmental Defense League
(BREDL) addressed the Board of Commissioners and asked that the issue of wastewater
biosolids and an upcoming renewal of the City of Burlington's biosolids permit be investigated.
The Board asked the Commission for the Environment (CFE) to explore this topic and after
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hearing from OWASA, Health and BREDL representatives, amemorandum (attached) was
conveyed in May 2008.
Over the subsequent year, a number of memoranda, letters and proposals were developed or
conveyed by the Board, CFE, Health Department and NCDWQ on the Burlington permit and
larger biosolids application issues. A chronological timeline of this correspondence and
related discussion is provided in the attached timeline.
In the fall of 2008, the Commission for the Environment continued its exploration of the topic,
gathering information on biosolids application from studies, a report from a CFE member with
experience in biosolids research, and other sources. As a result of this review, in April 2009 the
CFE sent a second memorandum to the Board (attached) suggesting a joint task force be
formed with representatives from the CFE, Board of Health and other groups as decided by the
Board. The memo also identifies several topics and potential issues for potential review.
In December of 2006, the BOCC approved funds from the Health Department budget to be
used for a contract with UNC School of Public Health to conduct a pilot study of biosolids
applications and methods of measuring potential effects on the environment and on health.
After encountering difficulties in identifying a suitable site for such a study, the Health Director
met with UNC faculty members in 2009 about the future of the planned research pilot study.
Although there was agreement from two landowners to participate in the study, the research
team from UNC and NCSU felt that there were insufficient funds to result in a meaningful study.
The Health Department recognized the continued need to address community concerns and
proposed to re-direct a portion of the funds to hold a regional knowledge and science-based
forum with land application of biosolids as the topic. A planning committee with Cooperative
Extension, UNC, NCSU and several other agencies developed an agenda for the forum that
would provide the public with information on the biosolids process, the state of current
regulations, past, ongoing and future research efforts, and the management of health risks.
Redirection of the funds was not approved.
Additionally, the Board has previously received information from the County Attorney indicating
the legality of county regulation of biosolids application.
On October 7, management and staff met to discuss possible scenarios for furthering
awareness and identifying potential action.
The issue of biosolids application is one that transcends many boundaries. tt is simultaneously
an agricultural, environmental, public health and land use issue, with financial and economic
ramifications for wastewater providers and farmers. Any response to this topic will require a
multi-disciplinary effort drawing from multiple resources within and outside of County
government.
One option that was identified melds the essence of both the CFE and Health Department
proposals and engages the agricultural community.
This proposal would feature a facilitated public education forum designed to provide for an
unbiased perspective on the scientific research to date on biosolids application, while still
allowing for diversity of review and discussion. Fortunately, this topic is one that has been of
great interest in many localities across the nation and a wide range of research and data exists
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on the topic. The Health Director, ERCD Director and Extension Director would be asked to
explore within their fields of expertise the potential fora "neutral party" to attend and, as keynote
speaker, summarize the research to date and present in unbiased fashion what is currently
known and unknown about this issue.
Such a forum would invite representatives from all stakeholder groups to be present and
participate including the wastewater utilities, environmental groups, agricultural operations,
public health interests, and others as identified. The end result of the forum would be the
identification of a "core list" of key issues, prioritized research needs, "questions that need
answers," and potential County actions to this end.
As noted by the County Attorney, some activities regarding regulation of biosolids application
are clearly the domain of the State. However, there may be avenues or opportunities for joint
activities in the public interest. Some of these potential future actions (which are not
recommended at this time, but listed below as fodder for future discussions) include:
• Engaging the State and utility providers in an enhanced monitoring and maintenance
program,
• Memoranda of Agreement with the State or with utility providers for provide for more
communication and monitoring,
• Exploration of activities by other counties around the nation in addressing biosolids
issues, and
• Other potential joint or partnership activities that furthers needed knowledge or
information regarding biosolids application.
It should be noted that the creation and planning for the educational forum concept above will
require the expenditure of staff resources, and that this event -and more importantly, any
subsequent follow-up activity or further research -will compete with existing Board goals and
priorities and may impact the ability to accomplish other activities.
FINANCIAL IMPACT: There is no financial impact associated with discussion of this topic.
Pursuing a forum or subsequent task force would require the expenditure of funds and
allocation of staff resources from multiple departments, which may impact other priorities and
activities.
RECOMMENDATION(S): The Manager recommends that the Board review the activities to
date, discuss the proposed educational forum as an initial step to address this issue, and if
agreeable, direct the Heath Director, ERCD Director and Extension Director to 1) collectively
identify an unbiased expert to be invited to address the forum, and 2) develop a draft program
for the event with defined outcomes. The Board may also wish to provide direction to the
County Attorney regarding options identified in his previous correspondence.
Wastewater Biosolids -Timeline of Activities to Date
1988-1990 Bingham Township residents concerned about OWASA sludge
application, presentations to Bingham Township Advisory Council
TAC and Plannin Board.
1995 Orange County Board of Health adopts rules that require
monitoring of DWQ systems including biosolids application sites.
Health De artment staff im lement monitorin ro ram.
November Occupation and Environmental Epidemiology Branch issues
2005 recommendations to the Division of Water Quality in the
document Human Health Risk Evaluation of Land Application of
Sewa a Slud a/Biosolids
Dec 2006 Board of Commissioners approves Health Department funds for a
contract with UNC to conduct a pilot study focusing on biosolids.
Over the next two years, Health Department works with UNC to
develo rotocol and attem t to identi a stud site.
2006 City of Burlington applies for renewal of biosolids application
ermit.
April 2009 Board of Health and OCHD staff begin discussion with DWQ for
and ongoing establishing a memorandum of agreement for the monitoring of
several system types including biosolids application activities.
Staff resources limit the expansion of the current WIMP
ro ram.
March 2008 Blue Ridge Environmental Defense League (BREDL) makes
request at Board of Commissioners meeting to investigate issue
of biosolids and Burlington's permit renewal. Matter referred to
the Commission for the Environment (CFE). Health Director
res onds to Coun Mana er with memo and fact sheet.
May 2008 CFE completes and conveys memorandum to BOCC suggesting
several areas of investigation, including sites in watershed critical
areas, support for planned Board of Health /UNC pilot study, and
suggests a second public hearing in Orange County be held on
Burlin ton a lication.
May 2008 BOCC letter to NCDWQ sent, noting unanswered questions
about potential health issues, and proposing a second public
hearing in Orange County (due to amount of land in Orange
subject to Burlington application), that sites within critical
watershed areas not be re-permitted, and that the Health
De artment be informed in advance on future re- ermittin .
May 2008 Public hearing held on Burlington permit renewal in Graham.
BOCC letter conveyed. Many Orange County residents attend
ands eak.
May 28, NCDWQ letter to Board denying request for second public
2008 hearing and noting discussions between NCDWQ and Health
De artment re ardin a ossible MOA.
YQ
October DWQ renews Burlington permit for land application valid through
2008 October 2013
Fall 2008- CFE continued gathering of information on biosolids and heard
Winter 2009 from speakers from OWASA and BREDL and research
erformed b members with biosolids knowled e..
April 2009 CFE memo to Board conveyed suggested a joint multi-
disciplinary task force to examine several topics and issues.
Topic is held until fall due to ressin bud et matters
Spring- Several media stories on biosolids application and resident
Summer concerns in area newspapers.
2009
April 2009 Health Department meets with DWQ, BREDL, OCPD to discuss
chan es to coun notification rocess and ermittin issues.
Summer Health Department meets with UNC and learns funds inadequate
2009 for stud , be ins tannin for re Tonal forum.
August 2009 Proposed regional forum funding concept placed on BOCC
agenda, CFE memorandum asking that joint task force concept
be considered.
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Orange Couaty
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MEMORANDUM
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ORANGE COUNTY
HEALTH DEPARTMENT
Rosemary L Summers,
MPH, DrPH
Healli~ Director
Richard E. Whiffed Human
Services Center
300 West't'ryan Street
Post Office Box 8181
Hillsborough, NC 2727$
Phone: (919) 245-2411
Fax: .(919) 644-3007
w w t v. c o. o re n o e. n c. us/h e a It h
Central Administrative
Services
Dental Health Sen~ices
EnvironmentaE Health
Services
Health Promotion and
Education Services
Personal Health Services
306-C Revere Road
P O Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2360
FAX: (919) 644-3006
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To: Laura Blackmon, County Manager
From: Rosemary Summers, Health Director
Date: March 10, 2008
Re: Biosolids Program in Orange County
CC: David Stanch, Environment & Resource Conservation Director
Gwen Harvey, Assistant County Manager
Willie Best, Assistant County Manager
Tom Konsler, Environmental Health Services Director
Board of Health
In response to questions that may arise from some of the public comment at the
BOCC meeting last night, I thought it might be helpful to outline the level of
county involvement in the application of biosolids in Orange County.
Biosolids are the digested and treated solids that result from the wastewater
sewage treatment plant process. This byproduct contains a significant amount of
nutrients that are beneficial to plants ,and are commonly land-applied to
agricultural fields as a useable resource. There are regulations and a permitting
process that -govern this practice due to the potential for adverse environmental or
public health effects if it were otherwise unregulated. There are two classes of
biosolids, Class "A" and Class "B". All of the utilities in this area produce Class
B biosolids. Some, such as OWASA are considering a higher Ievel of treatment to
meet Class A standards. This would reduce some of the regulatory requirements,
pose a Iower risk to the environment, and may improve public acceptance of the
practice.
The state Division of Water Quality (DWQ) in the Department of Environment
and Natural Resources has regulatory and permitting authority for:
• wastewater systems that apply treated waste to the ground surface,
• treatment plants {both public and private) that discharge to surface waters,
and
• biasolid sites.
The rules that govern biosolids are adopted by the North Carolina Environmental
Management Commission.
Orange County is one of only a handful of counties that have any local
involvement in the oversight of biosolids activities. In the early 1990's the
Orange County Board of Health adopted an expansion of the wastewater system
regulations to include local monitoring and reporting of several system types
permitted through DWQ. This Waste Treatment Management Program (WTMP)
administered by the Environmental Health Services staff of the Health
C:\I?ocuments and Settingsltkonster\L.ocat Settings\Temporary Internet
3iosolids Summary 031tX18.doc
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Page 2
biosolids Memorandum
March 10, 2008
Department includes monitorine tracking and oversight of biosolids activities within the county.
Specific responsib~lrties include -"
• a requirement for notification from biosolids appliers,
• on-site inspection of the fields and the activities during application of biosolids to assure
compliance with the regulations and guidelines,
• notification of the applier, the permitee, and DWQ in the event compliance issues are
discovered, and
• response to complaints or emergency spills.
The state permitting.process requires the applicant of new sites to notify the county manager of their
intent to apply for a permit. Environmental Health is notified after the sites are permitted by the
state. It is my understanding the OC Planning Department has some land use restrictions in certain
areas of the county that may preclude an application from going forward.
Environmental Health's involvement in the biosolids monitoring has brought about many changes in
these practices. Inspections in the early years of the program revealed regular non-compliance with
the permit requirements.. For the most part, those issues have been addressed with education and the
applier's knowledge that these activities are subject to inspection and reporting. Sites that are
permitted to receive biosolids from OWASA, Burlington, and Mebane are well managed and
operated. We continue to get resistance from Hillsborough and from Durham to report any
activities, so their compliance remains unknown.
In December of 2006, the BOCC approved funds for the OCHD to enter into a contract with LJNC
School of Public Health to conduct a pilot study of biosolids applications and methods of measuring
potential effects on the environment and health. The health department and UNC have encountered
difficulties in identifying an acceptable site to study. While Burlington and Mebane have been
approached and have agreed to cooperate in such a study, same apprehension by landowners, as well
as the drought conditions, have hampered the initiation of the study.
Regarding the future of this program, health department staff along with the Board of Health will
begin discussions later this year with DWQ to consider entering into a Memorandum of Agreement
with DENR to~formalize some of our existing activities and possibly to expand our plan review,
monitoring and reporting activities. Any direction that the Board of Commissioners would like to
provide regarding this expanded role would be welcome.
Please feel free to contact either Tom Konsler or me with further questions
C:\Documents and Settingsltkonsler\Local Settings\Temporary Internet FileslOLKC\Biosolzds
Summary 031~8.doc
Memorandum
To: Board of County Commissioners
From: Commission for the Environment
Date: April 21, 2008
Re: City of Burlington Biosolids Permit Renewal Public Hearing
In response to a citizen petition at the March 6 Board of Commissioners meeting,
the Commission for the Environment (CFE) has discussed the upcoming Division
of Water Quality public hearing for the City of Burlington's biosolids application
permit renewal. This hearing appears to now be scheduled for May 13 in
Graham. In so doing, the CFE reviewed Health Director Dr. Rosemary Summers
March 10 memorandum, and research performed by a CFE member.
The CFE feels that a considerable amount of additional information and data is
needed to speak knowledgeably about the permit application -and about the
ecological and human health issues related to biosolids. However, the
Commission would like to forward the following points and ideas for
consideration:
1. According to our GIS maps of active biosolids application sites, there
appear to be a few sites within the critical areas of Orange County's
protected watersheds. These include the Burlington application sites
within the Cane Creek watershed and active OWASA application sites
within the Upper Eno critical watershed. Under the County's watershed
zoning standards, biosolids application is not permitted within the critical
area. We do not know if these particular sites are among those proposed
for renewal, or if they are "grandfathered" in, but would suggest any re-
permitting by the State exclude these properties now and in the future.
2. Based on the publicly available research, the potential environmental and
health risks have not been adequately quantified, particularly with regard
to organic toxic compounds (such as dioxins, furans and PCB's) and
pharmaceutical residues, as these compounds are not subject to
regulation. In addition, there appears to be a paucity of current local data
both characterizing the compounds present in Burlington's sewage sludge
and content of toxic compounds in amended soils -making evaluation of
the safety of biosolids application impossible. The CFE proposes that the
Health Department and UNC School of Public Health study that is
referenced in Dr. Summers' letter be expedited if possible, possibly using
County-owned lands, to help address some of these questions.
3. As mapped, biosolids application is widespread in the County, with almost
3,000 acres of permitted sites receiving biosolids application from six
different municipal wastewater treatment facilities including: Durham,
Cary, OWASA, Burlington, Mebane, and Hillsborough.
0
9
4. The CFE is supportive of further research and discussion about biosolids
application, including consideration of possible additional measures in
water supply watersheds, and the planned Health Department
discussions with NCDWQ about expanding the County's capabilities for
review and monitoring. The CFE would appreciate allowing Commission
representatives to be part of these discussions if they are pursued.
5. The CFE recommends the County Commissioners request data on the
chemical composition of any biosolids being proposed for land-spreading
from each wastewater treatment authority. In addition, perhaps State
legislation could be considered that requires chemical analysis of
wastewater biosolids (pre-application) and soil testing (post-application),
for metals and key organics, to learn more about the chemical nature of
what is being applied to the land in Orange County.
6. As a large amount of land in Orange County would be affected by this
application, a second public hearing held in Orange County would allow
for fuller public discussion.
In summary, thousands of acres in Orange County are affected by a land
application process that does not appear to be widely understood. Greater
research into the subject appears warranted, and the CFE would volunteer to
work with the Board of Health and other groups in such an effort, if pursued.
Thank you for the opportunity to comment on this question, and we look forward
to continued dialogue about this complex topic.
Copies: Laura Blackmon, County Manager
Willie Best, Assistant County Manager
Dr. Rosemary Summers, Health Director
Tom Konsler, Environmental Health Services Director
Craig Benedict, Planning Director
_. ~ - - .. ~ ~.Lo
BaRRYJACOes, GHrvR ORANGE COUI~ITY BOARD Off' COIvINIISSIOI~IERS
1/ALERIE P. FOUS{iE~ V/CE•4`HA1R
Moss ; ~R POST OFFICE Box 81$ ~
AucEM. GO14Dd^' 200 SOUTH CAMERON STREET
MIKE NELSON
HILLSBOROUGH, I~IORTH CAROLINA 27278
May 8, 2008
Dianne Reid
Hearing Office
Basinwide Planning Unit Supervisor, Planning Section
N.C. Division of Water Quality
\°rt
Re: May 13, 2008 City of Burlington Residuals Land Application Public Hearing
For several years, the Orange County Board of Commissioners' State and Federal
legislative agendas have included requests for increased local oversight of biosolid
application: We consider this a public health issue of considerable importance.
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Then, on March 6, 2008, a representative of the Blue Ridge Environmental Defense
League addressed our board regarding an upcorn.ing public hearing for renewal of a
wastewater biosolids application permit for the City of Burlington, including•lamd
application within Orange County. The matter was subsequently reviewed by the Orange
County Board of Health and the Orange County Commission for •the Environment.
As part of this review, we learned that more than 3,000 acres withuz Orange County are
shown as approved biosolids application sites. Of that amount, approximately 404 acres
are subject to this permit renewal.
Based on our review, the Orange County Board of Commissioners would like to make
the following points for the public hearing:
1. Many questions have been raised about the potential health risks associated with
biosolids application, and these questions appear to remain unanswered. There are
several national and local studies underway; including a pilot study jointly funded
by the UNC School of Public Health and the Orange County Health Department
on a site in Orange County yet to be determined.
bVWW. CO.Orange.nC, US
Profecting and preserving -People, Resources, Qualify of Life
Orange Gounfy, North Carolina -You Gounf.-
{919) 245-293 a F~UC {919) 644-024fi
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2. With better than 400 acres land in Orange County affected by this application, the
Orange County Board of Commissioners respectfully requests a second public
hearing be held in Orange County on the City of Burlington's application request.
This would allow for fuller discussion and comment by Orange County residents
who tray not be aware of the May 13 hearing in Graham..
3. Orange County's Zoning Ordinance prohibits the land application of biosolids
within water supply watershed critical areas. It appears that some of the
Burlington biosolids application sites lie within the critical area of the Cane Creek
Reservoir watershed, which provides drinking water to Chapel Hill and Carrboro
area residents. While the County is aware that the State has the power to permit
biosolid applications notwithstanding County watershed protection regulations,
we do not think it should do so, particularly in watershed critical. areas_ The
Orange County Board of Commissioners expressly and respectfully requests that
yqu not permit oz repermit any City of Burlington application site Located on land
within a water supply watershed critical area, as designated on the laud use
planning documents adopted by Orange County. Membexs of Orange County's
staff will attend this public heating and provide maps necessary for your
consideration of this request_
4. 1?urther, we respectfizlly request that prior to approving a modification of an
existing permit for a new land application site, the Orange County Environmental
Health Services Division of the Orange County Health Department be informed
of the proposed new application site, in order for it to better monitor'the potential
for harm to the public health.
Thank you for receiving our comments, and for respecting our concerns. We look
forward to your reply.
Sincerely,
Barry Jacobs, att~
Orange Co Board
~pF WATFR4
~~
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MIchael P. Easley, Goveraot
YVili~m O. Ross h'., Secretary ~ ~~
North Carolina Department of ESnvironmen! and NaturaE Rzsouzces
Coleen T-L Sollins, Tkrector
Division ~ Water Quality
May 28, 2008
Barry Jacobs, Chair
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, NC 27278
Subject: Public Hearing on City of Burlington's Application
Permit WQ0000520
Dear Mr. Jacobs:
After reviewing the points submitted in the Board's letter presented by David Stencil,
Director of Bnvironmental Resources Department in Orange County at the public hearing
on Burlington's permit renewal; the Division does not find that a second public hearing is.
needed in Orange County. Your points will be considered in the formulation of final
determinations with regards to'this permit. Please note that the written comment period
vVas extended and ends May 30, 2008. You may email additional comments to
Ed..HardeeC~ncmail.net.
Regarding the concerns related to Gounry input into permitting and compliance, there
have been Borne discussions between Jay Zimmerman of our Raleigh Regional Office and
Tom Konsler with the Orange County Environmental Health Department on entering into
a Memorandum of Agreement. This would provide the County with additional input into
permitting and compliance. The Board of Commissioners may want to carisider this
option. The Division has worked with the County Environmental Health Department in
the past and looks forward to doing so in the future.
Thank you for your comments and information provided at the public hearing.
sincerely
Dianne M. Reid
cc: Coleen H. Sullins
Ed Hardee
Norfh Carolina Divisioa of Water Qaallty i 6I7 Mail Service Ceatet Ralagk, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: www.ocwatergnali .orE I.acation: 512 N. Salisbary St. Raleigh, NC 27604 Pex (919) 733-2A9b F-877-623-6748
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MEMORANDUM
To: Board of County Commissioners
From: Commission for the Environment
Date: April 20, 2009
Subject: Land Application of Biosolids in Orange County
The Commission for the Environment (CFE) has been discussing the issue of
biosolids application in Orange County and has identified areas of concern that
pertain to the CFE's charge of advising the Board of County Commissioners (BOCC)
on matters related to the protection of the county's natural environment.
The CFE recommends that the BOCC receive this information and consider
appointing amulti-disciplinary task force to examine environmental and public
health issues and develop recommendations for the County to include in the
proposed Memorandum of Agreement with the NC Division of Water Quality.
The CFE is interested in having representation on this proposed task force.
This recommendation follows our April 2008 memorandum to the BOCC regarding
issues related to biosolids application, and the renewal of the City of Burlington's
biosolids application permit. A copy of that memo and the Board's subsequent
response to the NC Division of Water Quality (DWQ) are attached for your
reference. As a point of further reference, a May 28 letter from DWQ notes that a
memorandum of agreement between DWQ and Orange County is being considered
at this time.
Biosolids application continues to be widespread in the County, with over 3,000
acres of permitted sites receiving biosolids from five municipal wastewater treatment
facilities: Durham, OWASA, Burlington, Mebane, and Hillsborough (a map of the
site receiving biosolids in Orange County is attached). Preliminary data compiled by
the UNC School of Health indicate that permitted land in the County is receiving
upwards of 17 million gallons of biosolids per year, which equals an average rate of
5,000 gallons per acre per year. At least one site is located within the critical area of
the Cane Creek protected watershed.
The CFE believes that additional information and data is needed to better
understand the potential affects of biosolids on the environment and on human
health.
The following are some of the issues that are of particular interest to the CFE and
may be relevant for further consideration:
- The application of biosolids on farmland in critical watershed areas.
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- The unknowns surrounding the composition of biosolids which are being
applied to land in Orange County
- The potential affects of biosolids on air and water resources (groundwater
and surface water)
- The ability of soils to assimilate compounds and metals
- The apparent lack of public information and awareness of some of the sites
where biosolids are being applied
- The question of whether NC counties have authority to control or manage the
application of biosolids
- A 2005 report from the NC Deptartment of Health and Human Services that
discussed risks to human health including concerns with:
• nitrate contaminated groundwater in areas of biosolids application;
• agronomic application rates governing the application of biosolids;
• the criteria used in siting biosolids application sites;
• monitoring of biosolids application sites, and
• odors at biosolids application sites
- The 2009 Targeted National Sewage Sludge Survey Report from the US
Environmental Protection Agency, which documents some of the compounds
present in treated sewage sludge from selected water treatment facilities
across the United States. Quoting from the overview of the report, `The
information will help the Agency (EPA) in assessing if exposures may be
occurring and whether those levels in sewage sludge may be of concern."
- The recent inclusion of Collins Creek on the State's draft 303d list of impaired
waters, given that Collins Creek is located outside of the Chapel Hill/Carrboro
urban area (where all the other impaired streams in Orange County are
located), and is in a basin that contains a number of fields that are subject to
the application of biosolids'
The CFE would like to acknowledge the information on this subject it has received
from Tom Konsler (Orange County Environmental Health Services Director), Sue
Dayton (Blue Ridge Environmental Defense League), Ed Holland (Orange Water
and Sewer Authority), and a number of Orange County and area residents that have
attended recent meetings, and thank them for their assistance.
Thank you for the opportunity to comment on this question, and we look forward to
continued dialogue about this complex topic.
Attachments
Copies: Laura Blackmon, County Manager
Willie Best, Assistant County Manager
David Stancil, Environment and Resource Conservation Director
Dr. Rosemary Summers, Health Director
Tom Konsler, Environmental Health Services Director
While this may or may not imply that biosolids is a partial factor in this rating, we think it worthy of
further review.
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ORANGE COUNTY ``/~~Y 1
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 18, 2009
Action Agenda
Item No. L{- - q
SUBJECT: Land Application of Biosolids Re ionat Forum 2009 ~~
DEPARTMENT: Health PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Planning Summary: Biosolids Forum Rosemary Summers, 245-2411
PURPOSE: To authorize redirection of funds from conducting a biosolids research project to an
educational forum on land application of biosolids.
BACKGROUND: In 2006, because of community concerns about the effects of biosolids on
health, the Health Department reserved $10,000 from its operating budget for a research study
to get more information about air and water quality in an area surrounding a biosolid application
site. The Department developed a service agreement with Dr. Mark Sobsey, an Environmental
Sciences and Engineering professor at the UNC Gillings School of Global Public Health for this
study. The agreement was to conduct a pilot study in Orange County to determine air and
surface water characteristics before and after the land application of Class B biosolids. There
were a number of barriers encountered along the way to designing and conducting this study.
These barriers included:
• Small amount of funding limited the study to graduate student availability on an academic
schedule.
• Denial of a grant submittal that would have been used to leverage the available funding
from Orange County.
• Alternate faculty member that was interested in supervising the student changed
academic institutions.
• Securing permission from two suitable sites' landowners for voluntary participation in the
study.
• Identifying an alternative permitted application site with suitable geographical
considerations (nearby stream). Two sites had landowner permission but were not
suitable geographically.
• Drought conditions during 2007 and 2008 were not conducive to commencing the study.
In the summer of 2009, Health Department staff met with several UNC faculty members in
Environmental Sciences and Engineering to determine whether this study would be able to
COPY ~b
move forward. The faculty members believe the amount of the funding is not adequate to carry
out the study and to ensure the quality of the study.
Community interest and concern regarding the topic of biosolid application to land remains high
in certain areas of the County. Community activist groups have sponsored various listening
sessions and distributed materials that advocate for specific policy changes at the state and
local level based on the materials and information they have acquired.
The Health Department is requesting permission to redirect the research study funds ($10,000)
to support costs for holding amulti-county conference/forum on land application of biosolids.
The forum would educate participants about various aspects of the current practice of land-
applied biosolids from wastewater treatment plants. Both state and nationally recognized
experts will present sessions on technology, research, health and environmental risk
management of current practices. Afield tour of a local biosolids processing facility and an
application site will be offered on a second day. The attached sheet outlines preliminary
thoughts from the planning committee. The Planning Committee includes:
• Tom Konsler/Greg Grimes, Orange County Health Department, Environmental Health
Services
• Dr. Fletcher Barber, Orange County Cooperative Extension Director
• Dr. Jeff White, North Carolina State University Soil Science
• Dr. David Lindbo, North Carolina State University Soil Science
• Dr. Chip Simmons, North Carolina State University Bio-Ag Engineering
• Gail Hughes/Kenny Ray, Orange County Soil and Water
• Jon Risgaard, Department of Environment and Natural Resources, Division of Water
Quality
• Carl Carroll, Alamance County Health Department, Environmental Health
• Andy Seignor/ Terri Ritter, Chatham County Health Department, Environmental Health
Tom Konsler and Greg Grimes, Orange County Health Department -Environmental Health
Services, are providing staff support for the Planning Committee. County Enviromnment &
Resource Conservation Director Dave Stancil and Planning Director Craig Benedict have also
been briefed on the upcoming forum so that their boards .can be appropriately advised and
encouraged to attend.
Re-direction of these funds would be used to defray the costs of the forum to keep registration
fees low and encourage widespread attendance. Funds will support travel or honorarium costs
for speakers, lunch, breaks, transportation to field sites, marketing, materials preparation, sound
system. A specific budget will be developed as the planning committee finalizes the agenda.
FINANCIAL IMPACT: The funds were encumbered in 2006. Redirecting their use would not
affect the 2009-2010 Fiscal Year budget. It is likely that the entire amount will not be needed for
this forum. Any unexpended portion of the $10,000 would return to the general fund
(approximately $4,000).
RECOMMENDATION(S): The Interim Manager recommends that the Board approve the re-
direction of funds for the biosolids research study to support acommunity-wide biosolids forum
in an amount up to $6,000 with the remaining portion returning to the general fund.
~:QPY ~''g
Conference Planning Summary through July 30
Land Application of Biosolids Regional Forum 2009
Objective: To provide accurate information on land application of biosolids from
wastewater treatment plants that includes current best practices based on research and
current scientific knowledge.
Co-sponsors
• OC Health Department
• OC Cooperative Extension
• NCSU
• UNC SPH
• Chatham & Alamance County Health Departments
• DENR
• OC Soil & Water
Target Audience:
• Interested community members and residents
• Industry -biosolids appliers and producers
• Regulatory -local and state agency
• Policy -planners, commissioners, boazd members
• Owners of land being used for biosolids applications
Target audience size is 75 -100. Meeting room has capacity for 185.
Limitations on field tour numbers will need to be discussed (Field Tour limited to 50?)
Conference location: Orange County Southern Human Services Center
2501 Homestead Rd. Chapel Hill
http://www.co.oranae.nc.us/gis/locations/index asp~ServiceID=97
(reserved)
Date(s):
• October 7~' ,2009 from 8:00 - 4:30
• October 8th , 2009 from 8:00 -12:30 -Optional Field Tour
Field Tour
• OWASA WW Treatment Plant -Could run two groups of 20 ppl each concurrently
• OWASA Biosolids Application site -subject to schedule, equipment location, weather
• Hillsborough & Burlington also asback-ups
• In. case~of inclement weather, OWASA has a prepared presentation demonstrating
their WWTP and Biosolids treatment/application program
Funding Source
• . Possible funds from area health departments
• Registration fee - $10 per person to cover lunch and breaks
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Draft Agenda
Land Application of Biosolids Forum 2009
October 7 -8, 2009
• Welcome and introduction of the Iocal issues 8 - 8:15
• Treatment PIant Process and Management 8:15 - 9:45
• Description of WWTP Technology focusing on Biosolids treatment
• Understanding the process
• Options available for Biosolids management
• Alternatives to land application
• Testing requirements and performance standards
• Class A vs. Class B
• Regulation of Biosolids in NC 9:45 -10:45
• History
• Current practice
• Future
• Statistics for NC
• Science behind the regulations
• Break 10:45 -11:00
• Report from US EPA 11:00 -12:00
• How EPA recommendations are established and revised
• Future of Biosolids
• Emerging contaminants -metals
• Lunch - On-site 12:00 -12:45
• Research Summary 12:45 -1:45
• A summary of research that has been published or is planned for Biosolids handling to
address the following aspects:agronomic, environmental ,soil, water, air, health
• Health and Risk Management 1:45 - 2:45
• agronomic, environmental ,soil, water, air, health
• Break 2:45 - 3:00
• Panel Discussion ~ 3:00 - 4:15
• Conclusion 4:15 - 4:30
October 8~, 2009 (Optional Second Day)
Meet at Southern Human Services Center 5:00
Session 8:15 -12:45
Bus 1 to Cane Creek /Headwaters Biosolids storage and application site
Bus 2 to OWASA WWTP (Buses flip locations for 2nd half of the morning and end at SHSC).
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MEMORANDUM
To: Board of County Commissioners
From: Commission for the Environment
Date: August 18, 2009
Subject: Biosolids Forum Proposal
At the August 17 Commission for the Environment meeting, the Commission added
an agenda item to discuss the recently-received August 18 Board of Commissioners
agenda item entitled "Land Application of Biosolids Regional Forum 2009."
With regard to this proposed agenda item, the Commission unanimously adopted
the following statement:
1. The Commission for the Environment recommends that the Board of
Commissioners reserve the funding for the proposed biosolids research study,
.pending further discussion of the topic.
2. The Commission asks that the Board also consider the creation of a joint
multi-disciplinary task force to examine the topic of biosolids application in
further detail, as recommended by the Commission in its April 20, 2009
memorandum (attached).
Thank you for your consideration.
Attachments
Copies: Frank Clifton, Interim County Manager
Willie Best, Assistant County Manager
Dr. Rosemary Summers, Health Director
Tom Konsler, Environmental Health Services Director