Public Act 099-0067

HB1445 Enrolled LRB099 06065 MGM 26119 b

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by

adding Sections 3.560 and 22.56a as follows:

(415 ILCS 5/3.560 new)

Sec. 3.560. Exceptional Quality biosolids. "Exceptional

Quality biosolids" means solids that:

(1) are generated from the advanced processing of

publicly-owned sewage treatment plant sludge;

(2) do not exceed the ceiling concentration limits in

Table 1 of 40 CFR 503.13 and the pollutant concentration

limits in Table 3 of 40 CFR 503.13;

(3) meet the requirements for classification as Class A

with respect to pathogens in 40 CFR 503.32(a); and

(4) meet one of the vector attraction reduction

requirements in 40 CFR 503.33(b)(1) through (b)(8).

(415 ILCS 5/22.56a new)

Sec. 22.56a. Land application of Exceptional Quality

biosolids.

(a) The General Assembly finds that:

(1) technological advances in wastewater treatment

have allowed for the production of Exceptional Quality

biosolids that can be used on land as a beneficial

recyclable material that improves soil tilth, fertility,

and stability and their use enhances the growth of

agricultural, silvicultural, and horticultural crops;

(2) Exceptional Quality biosolids are a resource to be

recovered; and

(3) the beneficial use of Exceptional Quality

biosolids and their recycling to the land as a soil

amendment is encouraged.

(b) To encourage and promote the use of Exceptional Quality

biosolids in productive and beneficial applications, to the

extent allowed by federal law, Exceptional Quality biosolids

shall not be subject to regulation as a sludge or other waste

if all of the following requirements are met:

(1) The sewage treatment plant generating the

Exceptional Quality biosolids maintains the following

information with respect to the biosolids:

(A) Documentation demonstrating that the

Exceptional Quality biosolids do not exceed the

ceiling concentration limits in Table 1 of 40 CFR

503.13 and the pollutant concentration limits in Table

3 of 40 CFR 503.13;

(B) Documentation demonstrating that the Class A

pathogen requirements in 40 CFR 503.32(a) are met,

including but not limited to a description of how they

were met;

(C) Documentation demonstrating that the vector

attraction requirements in 40 CFR 503.33(b)(1) through

(b)(8) are met, including but not limited to a

description of how they were met;

(D) A certification statement regarding the Class

A pathogen requirements in 40 CFR 503.32(a) and the

vector attraction reduction requirements in 40 CFR

503.33(b)(1) through (b)(8), as required in 40 CFR

503.17(a)(1)(ii); and

(E) The quantity of Exceptional Quality biosolids

sold or given away by the sewage treatment plant each

year. The information must be maintained for a minimum

of 5 years after the biosolids are generated, and upon

request must be made available to the Agency for

inspection and copying during normal business hours.

(2) For Exceptional Quality biosolids that have not

been bagged:

(A) They are not applied to snow-covered or frozen

ground; and

(B) They are used on agricultural land in a manner

that follows recommended application rates and are

used on all land in a manner that follows best

management practices to protect water quality.

(3) If Exceptional Quality biosolids that have not been

bagged are generated in another state and imported into

this State, the person importing the biosolids must

maintain the information set forth in subparagraph (A) of

paragraph (1) of subsection (a) through subparagraph (D) of

paragraph (1) of subsection (a) of this Section and the

amount of Exceptional Quality biosolids imported each

year. The information must be maintained for a minimum of 5

years after the biosolids are imported, and upon request

must be made available to the Agency for inspection and

copying during normal business hours.

(c) For purposes of this Section, Exceptional Quality

biosolids are considered "bagged" if they are in a bag or in an

open or closed receptacle that has a capacity of one metric ton

or less, including, but not limited to, a bucket, box, carton,

vehicle, or trailer.

Section 99. Effective date. This Act takes effect upon

becoming law.