WHY FARMERS SHOULD REQUIRE  INDEMNIFICATION AGREEMENT BEFORE ALLOWING SLUDGE BIOSOLIDS
ON THEIR FARM!

VIRGINIA FARM BUREAU SUPPORTS PATHOGEN CONTAMINATED SLUDGE BIOSOLIDS USE AS A FERTILIZER,  
BUT EXCLUDES DAMAGES FROM PATHOGENS IN ITS INSURANCE POLICIES FOR FARMERS.  A SPECIAL
ENDORSEMENT ON THE POLICY REFLECTS EPA'S POLLUTANT WARNING IN
PART 503.9(t)  Most insurance
companies already include a "
POLLUTION HAZARD EXCLUSION" IN POLICIES.

Farm Bureau promotion

Biosolids Use Information Committee (BUIC)
Wilmer N. Stoneman, III
Senior Assistant Director, Public Affairs
Virginia Farm Bureau Federation
12580 West Creek Parkway
Richmond, VA 23238

The Virginia Farm Bureau supports the “use of poultry litter, manure, organic fertilizers, and the
state
regulated application of biosolids as a source of nutrients on farmland and forestland.”
www.vafb.com/legis/fact_sheets/biosolids.htm


12 VAC 5-585-270 Biosolids Use Regulation Advisory Committee
6.) Agricultural Industry, the Virginia Farm Bureau and a farmer with land permitted in accordance with this
chapter.

Policy Endorsement Exclusion

Our farm is insured with VA Farm Bureau and the endorsement was included in my renewal notice.  I sent
them email asking for clarification and what prompted this but haven't heard back yet, will post their
response when I get it.

On Tue, Mar 11, 2008 at 1:04 PM, Helane Shields <hshields@worldpath.net> wrote:
> message from Khalil Hassan:
>
>  "Looks like Virginia farmers will definitely be left holding the bag.
>
>
 The following provision is added with respect to all property
>  coverages provided by your policy:


>
>  This endorsement specifically states that loss, cost, or expense
>  caused by, resulting from, or relating to any virus, bacterium, or
>  other microorganism that causes disease, illness, or physical distress
>  or that is capable of causing disease, illness, or physical distress
>  is NOT covered under your policy.
>
>  Virginia Farm Bureau
>
>
>  --
>  
>  THE EPA RECOMMENDED INDEMNIFICATION AGREEMENT WHICH FARMERS SHOULD GET
>  BEFORE ALLOWING SEWAGE SLUDGE BIOSOLIDS TO BE DUMPED ON THEIR LAND:
>
>
>
>  http://www.epa.gov/owm/mtb/biosolids/503pe/503pe_2.pdf  (Go to "page 28 of
>  32" . . . . . it is page 52 of the actual document . . . . .
>
>
>
>  [I have asked many sludge farmers if they  ever got this indemnification
>  agreement, and every one of them said "no" !!]
>
>
>
>  Page 52 of US EPA Plain English Guide to Biosolids:
>
>
>
>   EPA recommended agreement between a landowner and the sludge
>   spreader:
>
>   "Contractor agrees to indemnify, defend, and hold harmless
>   (Landowner/Leaseholder) from and against any and all claims, suits,
>  actions, demands, losses, costs, liabilities, and expenses (including
>  remediation
>   costs and reasonable attorney's fees to the extent such losses results
>  from:
>
>       (1)  Contractor's or Generator/Preparer's violation of applicable
>  laws or regulations in effect at the time of biosolids application; or
>
>
>       (2)  the negligence or willful misconduct of Contractor in  delivery
>  and application of biosolids to the undersigned Landowner/Leaseholders'
>  property.
>
>       In the event this indemnification is enforced against the Contractor
>  for a violation of law by a Generator/Preparer, Landowner/Leaseholder agrees
>  to assign and subrogate to Contractor its claim against Generator/Preparer.
>
>      This indemnification shall survive termination of this Agreement
>  until the expiration of any applicable statutes of limitations.
>
>      Landowner/Leasehold shall promptly notify Contractor in the event of
>  a third-party claim and Contractor shall have the right to provide and
>  oversee the defense of such claim and enter into any settlement of such
>  claim at
>  its discretion (holding the Landowner/Leaseholder harmless).
>  Landowner/Leaseholder agrees to fully cooperate with Contractor in the
>  defense against any third-party claim."
>
>  ************************************************************************
>
>   http://cwmi.css.cornell.edu/Sludge/dairysludge.pdf    Page "21 of 23"
>
>
>
>  AND HERE IS THE INDEMNIFICATION AGREEMENT WHICH CORNELL WASTE MANAGEMENT
>  INSTITUTE, ITHACA, NEW YORK, RECOMMENDS THAT FARMERS GET:
>
>
>
>     [Indemnification agreements may provide some protection for farmers.
>  One such agreement suggested by a municipality is:
>
>
>
>
>
>  "______________________________________(insert City, Sanitation District or
>  other POTW) as Waste Generator and
>  ______________________________________(insert Waste Hauler, Applicator,
>  etc.) as Waste Contractor jointly and severally agree to fully indemnify,
>  defend and hold harmless _________________________________Landowner, and
>  ___________________________________________, Leaseholder, from and against
>  any and all claims, suits, actions, demands, losses, costs, liabilities and
>  expenses, including remediation costs and reasonable attorney's fees arising
>  out of, or resulting from, or in any way relating to the actions of Waste
>  Generator or Waste Contractor or their employees, agents or contractors,
>  including without limitation the processing, hauling, depositing and
>  spreading of biosolids on the lands of Landowner or Leaseholder regardless
>  of the active or passive negligence of Landowner or Leaseholder excepting
>  only such injury or harm caused by the sole negligence or willful misconduct
>  of indemnified party.
>
>
>
>  The parties intend that this indemnity shall extend as broadly as legally
>  permitted and shall apply regardless of whether the loss results from the
>  negligence of the indemnified party or any other cause, except for the sole
>  negligence or willful misconduct of the indemnified party.   This agreement
>  shall survive the termination of this agreement and shall run with the land
>  extending to subsequent landowners and leaseholders of the affected land.
>
>
>
>  Waste Generator and Waste Contractor further jointly and severally represent
>  and warrant that the biosolids and the actions pertaining thereto including
>  without limitation the processing, hauling, depositing and spreading are not
>  harmful to land, water, fish, wildlife, plant life or humans.   This
>  representation and warranty shall survive the termination of this agreement
>  and shall run with the land extending to subsequent landowners and
>  leaseholders of the affected lands."
>
>
>
>
>
>
>
>  ----- Original Message -----
>  From: "Khalil Hassan" <bluedome1@gmail.com>
>  Sent: Monday, March 10, 2008 11:27 PM
>  Subject: VA Farm Bureau Exclusion
>
>
>  > Looks like Virginia farmers will definitely be left holding the bag.
>  >
>  > The following provision is added with respect to all property
>  > coverages provided by your policy:
>  >
>  > This endorsement specifically states that loss, cost, or expense
>  > caused by, resulting from, or relating to any virus, bacterium, or
>  > other microorganism that causes disease, illness, or physical distress
>  > or that is capable of causing disease, illness, or physical distress
>  > is NOT covered under your policy.
>  >
>  > Virginia Farm Bureau
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