Virginia law defines industrial wastes as “liquid or other wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resources.” While some wastes can only be safely disposed at specialized facilities, others can be recycled and provide value to agricultural production. These materials may be in the form of a slurry, semi-solid, or solid material (all referred to as residuals) or a liquid (wastewater). Food processing residuals are an example of an “industrial waste” that may have value as fertilizer or as a soil amendment. The Virginia Department of Agriculture (VDACS) regulates some of these materials as “industrial co-products” through the Virginia Fertilizer Law or Virginia Agricultural Liming Materials Law.

For materials not registered with VDACS, a Virginia Pollution Abatement (VPA) permit is required for the land application of industrial waste. The VPA permit application requires the permit applicant to submit details regarding the design of the treatment works, including the storage facility and land area determination. The application also requires a characterization of the waste that includes analyses of heavy metals and other constituents. DEQ examines the specific processes used at the generating facility to determine which constituents may be of concern. Analyses are also conducted to determine the capacity of the land application site to assimilate nutrients, metals, and any other pollutants of concern, to demonstrate that adequate land base is provided.

Considering the variability between the different processes that produce industrial wastewater and residuals, the VPA Permit Regulation provides the flexibility necessary to derive individual permit conditions and standards that are protective of the environment. DEQ applies the most appropriate technical standards in the land application permit after performing a case-by-case analysis of each material. DEQ establishes these standards based on each individual source, rather than on broader, less specific characterizations. When evaluating the land application of specific industrial wastes, DEQ staff uses a variety of technical resources, including but not limited to, Part IX of the VPA Regulation governing biosolids, 40 CFR Part 503, the Sewage Collection and Treatment Regulations, the Virginia Nutrient Management Standards and Criteria (Revised July 2014, Department of Conservation and Recreation), and input from academic experts.