Nelson County Government: March 29, 2007 Meeting Minutes

March 29, 2007 Meeting Minutes

Nelson County Bio-Solids Advisory Committee
March 29, 2007 - Meeting Minutes

Minutes of the inaugural meeting of the Nelson County Bio-Solids Advisory Committee at 6:00 p.m. on March 29, 2007 in the Boardroom located in the Nelson County Courthouse are as follows:

I.    Call to Order

Mr. Tommy Bruguiere, Chairman, and representative of the Nelson County Board of Supervisors (which established the committee) called the meeting to order at 6:05 p.m.

All members of the Bio-Solids Advisory Committee were present, as follows: Messrs. Tommy Bruguiere (Nelson County Board of Supervisors) Tom Eick (Nelson County Health Department), Tim Castillo (Nelson County Service Authority), Hughes Swain (Nelson County Farm Bureau), Phil Payne (Nelson County Attorney), Gary Scott (Citizen Representative and Chairman of Nelson Citizens Against Toxic Sludge), Peter Agelasto (Citizen Representative), Thomas Burnett, Jr. (Citizen Representative) and Steve Carter (County Administrator).

II.    Introductions and Opening Remarks

Mr. Bruguiere welcomed everyone and each committee member introduced themselves.

III.     Discussion

The Committee members conducted a general discussion of its role, duties and responsibilities, agriculture and soil conditions in Nelson County, wastewater treatment plants, and the use of fertilizers in the County, including biosolids, both proposed to be land applied through local applications pending approval with the VA Department of Health and as are currently applied in the County by the Nelson County Service Authority pursuant to a permit issued by the VA Department of Environmental Quality. The committee also discussed the overall issue of the land application of biosolids.

The Committee members then specifically discussed its mission, which was established as formulating a draft local ordinance for submittal to the Board of Supervisors for enactment consideration. (Note: The Mission Statement endorsed by the Board of Supervisors in its determination to establish the advisory committee states as follow: “To review Nelson County’s proposed Biosolids Ordinance; to review such ordinances of other rural counties in Virginia; to review legislation that comes out of the current Virginia General Assembly legislative session; and to advise the Board of Supervisors of its findings and its comments”).

During the Committee’s roundtable deliberation the following comments were presented:

1. The County’s ordinance can be more restrictive than state regulations and an associated question of whether or not this consideration was correct.

2. Provide setback requirements from state regulations to the Committee.

3. Consider testing a broader set of parameters than required by state regulations.

4. Review compensation from state for the local program.

5. Establish nutrient management requirement(s) as part local ordinance (obtain additional information from VDH).

6. A question of whether or not state reimbursement would be received for a more stringent testing program locally than that of required by state regulations.

7. Consider additional setback requirements than contained in state regulations.

8. Does state reimbursement provide for all expenses incurred by a local program or is there a maximum amount it will reimburse regardless of the expense to the County.

IV.    Next Steps

The advisory committee then considered what steps to be taken in preparation of its next meeting. These included as issues for resolution: Establishment of a nutrient management program within the provisions of a local biosolids ordinance, what parameters to be tested, the frequency of testing, notice(s) and additional setback requirements.

Mr. Castillo stated that he would research and advise the committee on additional testing parameters.

The committee members then agreed by unanimous consensus to a) utilize the draft local ordinance written by Mr. Payne as the basis of a draft ordinance to be completed by the Committee; b) to submit their comments and input to Mr. Carter for communication to Mr. Payne; c) Mr. Payne would prepare a revised draft based upon input from the Committee and distribute it to the committee for review prior to its next meeting.

The Committee asked that a revised setback for Tye River Elementary School be checked on with the VA Department of Health pertinent to local biosolids applications that are pending before VDH.

V.    Adjournment

The advisory committee unanimously agreed to meet again on April 19, 2007 at 6:00 p.m. in boardroom within the Nelson County Courthouse. The meeting was then adjourned at 8:00 p.m. (approximate).


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Stephen A. Carter, Acting Secretary