Bill Text: IL SB1648 | 2017-2018 | 100th General Assembly | Engrossed

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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 (Republican 2-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1648 Detail]

Download: Illinois-2017-SB1648-Engrossed.html

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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
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

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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

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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,

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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.