100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2732
 
Introduced , by Rep. Daniel V. Beiser
 
SYNOPSIS AS INTRODUCED:
 

 
415 ILCS 5/22.56a

     Amends the Environmental Protection Act. Provides that Exceptional Quality biosolids shall not be subject to regulation as a sludge or other waste, except as provided in the Nuclear Safety Law of 2004 in relation to the authority of the Illinois Emergency Management Agency, if specified requirements are met. Provides that nothing in the Act shall limit or supersede the authority of the Illinois Emergency Management Agency under the Nuclear Safety Law of 2004. Effective immediately.
  


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A BILL FOR
 

  
HB2732LRB100 08185 MJP 18281 b


  
1    AN ACT concerning safety.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Environmental Protection Act is amended  by 
5changing Section 22.56a as follows:
 
6    (415 ILCS 5/22.56a)
7    Sec. 22.56a. Land application of Exceptional Quality 
8biosolids.
9    (a)      The General Assembly finds that:
10        (1)      technological advances in wastewater treatment 
11    have allowed for the production of Exceptional Quality 
12    biosolids that can be used on land as a beneficial 
13    recyclable material that improves soil tilth, fertility, 
14    and stability and their use enhances the growth of 
15    agricultural, silvicultural, and horticultural crops;
16        (2)    Exceptional Quality biosolids are a resource to be 
17    recovered; and
18        (3)    the beneficial use of Exceptional Quality 
19    biosolids and their recycling to the land as a soil 
20    amendment is encouraged.
21    (b)    To encourage and promote the use of Exceptional Quality 
22biosolids in productive and beneficial applications, to the 
23extent allowed by federal law, Exceptional Quality biosolids 
 
 
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1shall not be subject to regulation as a sludge or other waste, 
2except as provided in subsection (d), if all of the following 
3requirements are met:
4        (1)    The sewage treatment plant generating the 
5    Exceptional Quality biosolids maintains the following 
6    information with respect to the biosolids:
7            (A)   documentation demonstrating that the 
8        Exceptional Quality biosolids do not exceed the 
9        ceiling concentration limits in Table 1 of 40 CFR 
10        503.13 and the pollutant concentration limits in Table 
11        3 of 40 CFR 503.13;
12            (B)    documentation demonstrating that the Class A 
13        pathogen requirements in 40 CFR 503.32(a) are met, 
14        including but not limited to a description of how they 
15        were met;
16            (C)    documentation demonstrating that the vector 
17        attraction requirements in 40 CFR 503.33(b)(1) through 
18        (b)(8) are met, including but not limited to a 
19        description of how they were met;
20            (D)    a certification statement regarding the Class 
21        A pathogen requirements in 40 CFR 503.32(a) and the 
22        vector attraction reduction requirements in 40 CFR 
23        503.33(b)(1) through (b)(8), as required in 40 CFR 
24        503.17(a)(1)(ii); and
25            (E)    the quantity of Exceptional Quality biosolids 
26        sold or given away by the sewage treatment plant each 
 
 
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1        year.
The information must be maintained for a minimum 
2        of 5 years after the biosolids are generated, and upon 
3        request must be made available to the Agency for 
4        inspection and copying during normal business hours.
5        (2)    For Exceptional Quality biosolids that have not 
6    been bagged:
7            (A)   they are not applied to snow-covered or frozen 
8        ground; and
9            (B) they are used on agricultural land in a manner 
10        that follows recommended application rates and are 
11        used on all land in a manner that follows best 
12        management practices to protect water quality.
13        (3)      If Exceptional Quality biosolids that have not been 
14    bagged are generated in another state and imported into 
15    this State, the person importing the biosolids must 
16    maintain the information set forth in subparagraph (A)  of 
17    paragraph (1) of subsection (a) through subparagraph (D) of 
18    paragraph (1) of subsection (a) of this Section and the 
19    amount of Exceptional Quality biosolids imported each 
20    year.  The information must be maintained for a minimum of 5 
21    years after the biosolids are imported, and upon request 
22    must be made available to the Agency for inspection and 
23    copying during normal business hours.
24    (c)       For purposes of this Section, Exceptional Quality 
25biosolids are considered "bagged" if they are in a bag or in an 
26open or closed receptacle that has a capacity of one metric ton 
 
 
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1or less, including, but not limited to, a bucket, box, carton, 
2vehicle, or trailer.

3    (d)  Nothing in this Act shall limit or supersede the 
4authority of the Illinois Emergency Management Agency under the 
5Nuclear Safety Law of 2004. 
6(Source: P.A. 99-67, eff. 7-20-15.)
 
 
7    Section 99. Effective date. This Act takes effect upon 
8becoming law.