VirginiaSB3862026 Regular SessionSenateWALLET

Owners of sewage treatment works; land application, marketing, or distributing of sewage sludge.

Sponsored By: Richard H. Stuart (Republican)

Signed by Governor

Summary

Owners of sewage treatment works; land application, marketing, or distribution of sewage sludge; perfluoroalkyl and polyfluoroalkyl substances; testing requirements. Directs any owner of a sewage treatment works land applying, marketing, or distributing sewage sludge in the Commonwealth, beginning January 1, 2027, to collect representative samples of the sewage sludge intended to be land applied, marketed, or distributed and have such samples analyzed by an accredited laboratory for perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill mandates certain outcomes for the land application of such sewage sludge depending on the concentration of PFAS in such sewage sludge. The bill directs the Department of Environmental Quality to modify all Virginia Pollution Abatement permits for the land application of sewage sludge and Virginia Pollutant Discharge Elimination System permits for sewage treatment works that include sewage sludge prepared for land application, marketing, or distribution as soon as practicable. The bill requires the Department to utilize the PFAS Expert Advisory Committee (PEAC) or convene a work group to study and recommend approaches to reduce the occurrence of PFAS in sewage sludge intended for land application within the Commonwealth. The Department is required to report the recommendations of the PEAC or work group to the Governor and the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources by November 1, 2027. This bill is identical to HB 1443.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

11 provisions identified: 1 benefits, 1 costs, 9 mixed.

Contaminated sludge faces phased use limits

Beginning July 2, 2027, limits apply to either PFOS or PFOA; beginning July 2, 2029, they apply to the combined amount. A rolling 12-month average of at least 50 micrograms per kilogram bars land application, marketing, and distribution. Owners must arrange alternative treatment, use, or disposal until the average falls below 50. At 25 to under 50, application is capped at 3 dry tons per acre unless an alternative risk strategy is approved at least two weeks ahead. Those reduced-rate requirements continue until the average falls below 25; application can never exceed the nutrient-plan rate. Any single result above 75 requires prompt retesting; a second result above 75 requires alternative treatment, use, or disposal until a later result is below 50. Below 25, sludge remains usable under its permit without these added limits. Landowners must receive readable concentrations and other required test results at least two weeks before application. Blended sludge is assessed using a mass-balance calculation, which accounts for amounts from each source, without further testing.

Sludge handlers need permits and consent

Sewage treatment owners need a valid state water permit to apply, market, or distribute sludge. Sludge handlers also need a current permit covering their activities, locations, and terms before contracting for this work. Applications must include the landowner’s written consent. Sludge must meet treatment standards before delivery, and its composition cannot change at an approved site except by adding lime or deodorants. The law bans land disposal of both lime-treated and untreated septage.

Sludge permit holders must cover damages

Sludge land-application permit applicants and holders must provide written proof of financial responsibility. Funds must be available for cleanup, personal-injury claims, and property damage from transportation, storage, or application. The State Water Control Board sets acceptable financial arrangements by regulation. The law does not state a required coverage amount.

Sludge sites face added safety rules

Virginia must set sludge rules covering treatment, suitable sites, storage, sampling, records, complaints, and public input. Certified planners must prepare site-specific nutrient plans before application; higher-risk sites need conservation-agency approval before permit issuance. Health and conservation agencies have 30 days to comment, and the permitting agency must fully consider their written recommendations. Site rules can cover buffers, travel routes, slopes, sludge sources, handling methods, and application hours. The agency must explain added conditions, include written local recommendations, and give applicants at least 14 days to respond. Sludge may have to be worked into cropland soil when practical and compatible with a qualifying soil-conservation plan. The state must set wider-buffer rules for hay, pasture, forestland, and unsuitable cropland; permits may require these buffers to protect odor-sensitive neighbors. Acreage increases of 50 percent or more over the initial permit trigger new-application public notice and hearing rules. Permit holders must report complaints to the state and locality; localities receiving complaints must notify the state and permit holder.

Advance sludge notices and surprise inspections

Permit holders must notify local officials at least 100 days before sludge application and the state at least 14 days ahead. Both notices must identify sites and expected sludge sources. One local notice can cover all available permitted sites, and sites crossing county lines require notice to every affected jurisdiction. The local notice rule excludes application that began before October 10, 2005. Virginia’s Department of Environmental Quality must conduct random, unannounced inspections during application often enough to check compliance.

Sludge operators pay permit and tonnage fees

An initial sludge permit costs $5,000. Existing-site permit reissuance, amendments, or modifications cost no more than $1,000 and can be charged only for holder-initiated actions. The state must set a fee per dry ton of land-applied sludge by regulation; the law gives no per-ton amount. Land appliers collect it from generators and send it to the state, with advance fee estimates unless notice is waived. Fees go to the dedicated Sludge Management Fund for permitting, administration, monitoring, inspections, conservation-agency implementation, and eligible local testing costs. Local reimbursement requires an adopted testing and monitoring ordinance. The fund cannot revert to the general fund, fees cannot replace the environmental agency’s general-fund support, and fees are exempt from statewide indirect charges.

Residents can request paid sludge testing

You can make a timely request naming a specific site for sludge testing before land application. The state must collect a sample, send it to a lab, review the results, and share them with you. Tests must cover trace elements, coliform bacteria, and pH. You pay the sampling, testing, and analysis costs; the law gives no price.

Local sludge monitors get reimbursable training

Virginia localities can adopt ordinances to test and monitor sludge application for compliance. The state must train local employees in sampling, application rules, nutrient plans, complaints, enforcement, public communication, and reimbursement requests. Employees must finish training before localities can seek reimbursement for their monitoring work. This condition does not limit other local powers. The state may charge only actual course preparation and delivery costs; the Sludge Management Fund can reimburse the fee after completion.

Local sludge storage rules protect farms

Localities can reasonably restrict or designate sludge storage through zoning and require special-use permits, including in agricultural districts. They cannot restrict farm storage used solely for application on that farm when storage lasts no more than 45 days. Since July 1, 2007, storage permit or variance applications require local certification that the site follows applicable ordinances. The locality has 30 days to confirm or deny compliance; silence means the site is deemed consistent.

Treatment plants must test sludge chemicals

Beginning January 1, 2027, treatment works that apply, market, or distribute sludge in Virginia must test representative samples for PFAS chemicals. Accredited labs must use EPA Method 1633, an applicable revision, or another EPA-approved method allowed by the state. Testing is monthly through December 31, 2027; afterward, state approval is needed to reduce testing to at least quarterly. Results must reach the state and sludge appliers within 10 days of receipt; permit holders must also submit compliant analyses for out-of-state sludge. The environmental agency must update existing sludge permits as soon as practicable and publish readable PFOS and PFOA compliance data by October 1, 2026. It must use its expert committee or a stakeholder work group to recommend reduction, sampling, source-control, disposal, remediation, and storage strategies. Recommendations and an implementation timeline are due to the Governor and legislative committee chairs by November 1, 2027.

Public colleges get temporary sludge exemption

Virginia public colleges can apply sludge for research on land they own and operate without the article’s permits. They must notify the environmental agency and every adjoining property owner at least 30 days before application. Setback and recordkeeping requirements still apply. The exemption ends July 1, 2030.

Sponsors & Cosponsors

Sponsor

  • Richard H. Stuart

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 228 • No: 35

Senate vote • 3/10/2026

House substitute with amendments agreed to by Senate

Yes: 40 • No: 0

House vote • 3/6/2026

Passed House with substitute with amendments

Yes: 86 • No: 12

House vote • 2/25/2026

Reported from Agriculture, Chesapeake and Natural Resources with substitute

Yes: 22 • No: 0

Senate vote • 2/17/2026

Read third time and passed Senate

Yes: 27 • No: 13

Senate vote • 2/16/2026

Committee substitute rejected (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/16/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 35 • No: 0

Senate vote • 2/12/2026

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 3 • Other: 2

Senate vote • 2/10/2026

Reported from Agriculture, Conservation and Natural Resources with substitute and rereferred to Finance and Appropriations

Yes: 8 • No: 7

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0854)

    4/13/2026Governor
  2. Approved by Governor-Chapter 854 (Effective - see bill)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB386)

    3/31/2026Senate
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026Senate
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed Senate and House (SB386ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. House substitute with amendments agreed to by Senate (40-Y 0-N 0-A)

    3/10/2026Senate
  11. Fiscal Impact Statement from Department of Planning and Budget (SB386)

    3/6/2026Senate
  12. Passed House with substitute with amendments (86-Y 12-N 0-A)

    3/6/2026House
  13. Engrossed by House - committee substitute as amended

    3/6/2026House
  14. Delegate Lopez Floor amendments agreed to

    3/6/2026House
  15. committee substitute agreed to

    3/6/2026House
  16. Read third time

    3/6/2026House
  17. Passed by for the day

    3/5/2026House
  18. Passed by for the day

    3/4/2026House
  19. Passed by for the day

    3/3/2026House
  20. Passed by for the day

    3/2/2026House
  21. Floor Offered

    3/2/2026House
  22. Moved from Uncontested Calendar to Regular Calendar

    3/2/2026House
  23. Read second time

    2/27/2026House
  24. Committee substitute printed 26108629D-H1

    2/25/2026House
  25. House committee offered

    2/25/2026House

Bill Text

Related Bills

Back to State Legislation