103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5118
 
Introduced 2/8/2024, by Rep. Daniel Didech
 
SYNOPSIS AS INTRODUCED:
 
New Act
415 ILCS 5/22.56 rep.
    Creates the Sludge Control Act. Provides that person may not: (1) apply to or spread on any land in the State sludge generated from a municipal, commercial, or industrial wastewater treatment plant, compost material that included in its production sludge generated from a municipal, commercial, or industrial wastewater treatment plant or septage, or any other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement, or mulch or for other similar agricultural purpose that is derived from or contains sludge or septage; or (2) sell or distribute in the State compost material that included in its production sludge or septage or any other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement, or mulch or for other similar agricultural purposes that is derived from or contains sludge or septage. Sets forth exceptions. Defines terms. Repeals a provision in the Environmental Protection Act regarding the regulation of farm land sludge application.


LRB103 35389 LNS 65454 b

 
 
A BILL FOR
 
HB5118LRB103 35389 LNS 65454 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 1. Short title. This Act may be cited as the Sludge 
5Control Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Septage" means the liquid and solid material pumped from 
8a septic tank, cesspool, or similar domestic sewage treatment 
9system, or from a holding tank, when the system is cleaned or 
10maintained.
11    "Sludge" means any solid, semisolid, or liquid waste 
12generated from a municipal, commercial, or industrial 
13wastewater treatment plant, water supply treatment plant, or 
14air pollution control facility or any other such waste having 
15similar characteristics and effects.
 
16    Section 10. Prohibitions on land application of sludge and 
17sale and distribution of compost and other agricultural 
18products and materials containing sludge and septage.
19    (a) Notwithstanding any provision of law to the contrary, 
20except as provided in subsection (b), a person may not:
21        (1) apply to or spread on any land in the State:
22            (A) sludge;
 
 
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1            (B) compost material that included in its 
2        production sludge or septage; or
3            (C) any other product or material that is intended 
4        for use as a fertilizer, soil amendment, topsoil 
5        replacement, or mulch or for other similar 
6        agricultural purpose that is derived from or contains 
7        sludge or septage; or
8        (2) sell or distribute in the State:
9            (A) compost material that included in its 
10        production sludge or septage; or
11            (B) any other product or material that is intended 
12        for use as a fertilizer, soil amendment, topsoil 
13        replacement, or mulch or for other similar 
14        agricultural purposes that is derived from or contains 
15        sludge or septage.
16    (b) The prohibitions in subsection (a) do not apply to:
17        (1) the disposal or placement at a solid waste 
18    landfill of any of the materials that are prohibited from 
19    application, spreading, sale, or distribution by this 
20    Section;
21        (2) the land application of or the sale or 
22    distribution of compost material or other agricultural 
23    product or material derived from or containing residuals 
24    generated as a result of the processing or cultivation of 
25    food, food waste, crops, or vegetative material, the 
26    brewing of malt liquor, the fermenting of wine or hard 
 
 
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1    cider, or the distilling of spirits, including, but not 
2    limited to, blueberries, apples, grapes, potatoes, 
3    seaweed, fish and seafood, and spent grain or malt, as 
4    long as such residuals are not mixed with sludge, septage, 
5    sewage, or sanitary wastewater prior to or during land 
6    application or the production of the compost material or 
7    other agricultural product or material; or
8        (3) the land application of or the sale or 
9    distribution of compost material or other agricultural 
10    product or material derived from or containing sludge 
11    resulting from the production of precipitated calcium 
12    carbonate.
 
13    (415 ILCS 5/22.56 rep.)
14    Section 15. The Environmental Protection Act is amended by 
15repealing Section 22.56.