Bill Text: IL HB2732 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0128 [HB2732 Detail]

Download: Illinois-2017-HB2732-Introduced.html


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

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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.
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