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Public Act 100-0128


Public Act 0128 100TH GENERAL ASSEMBLY



Public Act 100-0128
HB2732 EnrolledLRB100 08185 MJP 18281 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
changing Section 22.56a as follows:
    (415 ILCS 5/22.56a)
    Sec. 22.56a. Land application of Exceptional Quality
    (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.
    (d) Nothing in this Act shall limit or supersede the
authority of the Illinois Emergency Management Agency to
regulate exceptional quality biosolids under the Nuclear
Safety Law of 2004.
(Source: P.A. 99-67, eff. 7-20-15.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2017