SB3101 104TH GENERAL ASSEMBLY

LRB104 18818 BDA 32261 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3101

Introduced 1/29/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

415 ILCS 5/Tit. XIX heading new
415 ILCS 5/60 new
415 ILCS 5/60.1 new
415 ILCS 5/60.2 new
415 ILCS 5/60.3 new
415 ILCS 5/60.4 new

Amends the Environmental Protection Act. Creates the PFAS Biosolids Testing and Land Application Standards Title within the Act. Provides that a facility that intends to land apply biosolids in the State must collect and analyze at least one representative sample of finished biosolids for PFAS before land application in each calendar year, with required submission to the Environmental Protection Agency at least 14 days before land application on a farm or parcel of land. Provides that, for biosolids designated as Exceptional Quality (EQ), sampling and submission must be quarterly. Sets conditions for land application pursuant to the results of the PFAS test based on PFAS concentration. Requires written notification to the landowner or person responsible for the land, and retention of records by the facility. Requires the Agency to propose and the Pollution Control Board to adopt rules. Contains findings. Defines terms. Effective immediately.

A BILL FOR

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 adding Title XIX as follows:

(415 ILCS 5/Tit. XIX heading new)

TITLE XIX.

PFAS BIOSOLIDS TESTING AND LAND APPLICATION STANDARDS

(415 ILCS 5/60 new)

Sec. 60. Findings; definitions.

(a) The General Assembly finds that:

(1) Biosolids are nutrient-rich organic materials resulting from the treatment of domestic sewage and may contain perfluoroalkyl and polyfluoroalkyl substances (PFAS).

(2) PFAS chemicals, including perfluorooctanoic acid and perfluorooctane sulfonate, are persistent in the environment and present human health and ecological risks if not managed properly.

(3) Current interim strategies, such as that developed by the Michigan Department of Environment, Great Lakes, and Energy, set thresholds for PFAS concentrations in biosolids and specify land application requirements to protect public health and the environment.

(4) Codifying standards based on these thresholds will improve transparency, ensure consistent regulatory action, and protect farmers, landowners, and communities.

As used in this Title:

"Agency" means Illinois Environmental Protection Agency.

"Biosolids" means treated residuals from a wastewater treatment plant that are suitable for land application after stabilization and pathogen reduction.

"PFAS" means perfluoroalkyl and polyfluoroalkyl substances, including, at a minimum, perfluorooctanoic acid and perfluorooctane sulfonate.

"Representative sample" means a biosolids sample collected in accordance with Agency procedures that accurately reflects the finished biosolids product for PFAS analysis.

(415 ILCS 5/60.1 new)

Sec. 60.1. PFAS testing requirements for biosolids.

(a) A facility that intends to land apply biosolids in the State must collect and analyze at least one representative sample of finished biosolids for PFAS before land application in each calendar year.

(b) The results of the PFAS analysis under subsection (a) shall be submitted to the Agency at least 14 days before land application of biosolids on a farm or parcel of land.

(c) A facility that intends to land apply biosolids designated as Exceptional Quality (EQ) as defined under Section 3.560 of this Act must sample quarterly and submit quarterly PFAS results to the Agency under this Section.

(415 ILCS 5/60.2 new)

Sec. 60.2. PFAS concentration thresholds and land application standards.

(a) In this Section:

"Elevated PFAS concentration" means perfluorooctanoic acid or perfluorooctane sulfonate concentrations at or above 20 micrograms per kilogram but below 100 micrograms per kilogram.

"Low PFAS concentration" means perfluorooctanoic acid and perfluorooctane sulfonate concentrations below 20 micrograms per kilogram.

"Industrially impacted PFAS concentration" means perfluorooctanoic acid or perfluorooctane sulfonate concentrations at or above 100 micrograms per kilogram.

(b) Conditions for land application pursuant to the results of the PFAS test and analysis under Section 60.1 are as follows:

(1) Low PFAS concentration pursuant to the PFAS test and analysis under Section 60.1 shall have the following consequences:

(A) land application of biosolids at agronomic rates is permitted without additional rate restrictions beyond standard agronomic requirements; and

(B) the landowner or farmer shall be informed of the PFAS test results before application.

(2) Elevated PFAS concentration pursuant to the PFAS test and analysis under Section 60.1 shall have one of the following consequences:

(A) land application of biosolids may proceed only at a reduced rate not exceeding 1.5 dry tons per acre;

(B) the facility may submit an alternative risk mitigation strategy for Agency approval at least 14 days before land application; or

(C) the facility must implement a source reduction plan and additional sampling of the source effluent to investigate PFAS sources, as required by the Agency.

(3) Industrially impacted PFAS concentration pursuant to the PFAS test and analysis under Section 60.1 shall have the following consequences:

(A) biosolids in this category are prohibited from being land applied in the State; and

(B) the facility shall arrange alternative treatment and disposal and implement a source reduction plan.

(415 ILCS 5/60.3 new)

Sec. 60.3. Landowner notification and records. Before the land application of biosolids, the facility that intends to land apply biosolids must provide written notification to the landowner or person responsible for the land identifying:

(1) the PFAS concentrations in the biosolids; and

(2) any rate restrictions or conditions applicable under Section 60.2.

Facilities must retain records of all PFAS sampling results, notifications, and mitigation plans for a minimum of 5 years and make these records available upon request by the Agency.

(415 ILCS 5/60.4 new)

Sec. 60.4. Rulemaking. The Agency shall propose and the Board shall adopt any rules necessary to implement, administer, and enforce the provisions of this Title, including analytical methods, sampling protocols, reporting procedures, and compliance timelines.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.