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 
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.

    (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.