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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
solid
waste; sludge; water quality
(NOW: prohibition; biosolids; land application)
Purpose
Prohibits a person from registering to apply to land, or applying to land, a substance that contains biosolids, sewage sludge or septage within three miles of an area with an outlined population density or within one mile of a crop produced for human consumption or any property zoned residential.
Background
The Director of the Arizona Department of Environmental Quality (ADEQ) must adopt rules to establish the Sewage Sludge Program that is consistent with the federal Clean Water Act. The rules must provide for the regulation of all sewage sludge use or disposal practices used in Arizona (A.R.S. § 49-255.03).
Biosolids are
sewage sludge, including exceptional quality biosolids, that are placed on or
applied to the land to use the beneficial properties of the material as a soil
amendment, conditioner or fertilizer. Biosolids do not include: 1)
sludge determined to be hazardous; 2) sludge with a concentration of
polychlorinated biphenyls equal to or greater than 50 milligrams per kilogram
of total solids; 3) grit, sand, gravel, cinders or other materials with a high
specific gravity or screenings generated during preliminary treatment of
domestic sewage by a treatment works;
4) sludge generated during the treatment of either surface water or groundwater
used for drinking water; 5) sludge generated at an industrial facility during
the treatment of industrial wastewater, including industrial wastewater
combined with domestic sewage; 6) commercial, industrial or domestic septage
combined with commercial or industrial septage; or 7) special wastes (A.A.C.
R18-9-1001).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person, notwithstanding any other law or rule except for exceptional quality biosolids, from registering to apply to land, or applying to land, a substance that contains biosolids, sewage sludge or septage within three miles of an area with a population density of 128 persons or more per square mile or within one mile of a crop produced for human consumption or any property zoned residential.
2. Requires the Director of ADEQ, notwithstanding any other law or rule, to require any land application of a substance that contains biosolids, sewage or septage to comply with the Sewage Sludge Program rules, including pathogen reduction requirements for biosolids.
3. Requires a biosolid combined with any other law or rule, notwithstanding any other law or rule, to be regulated as a solid waste.
4. Becomes effective on the general effective date.
House Action
NREW 2/14/23 DPA/SE 10-0-0-0
3rd Read 3/7/23 60-0-0
Prepared by Senate Research
March 28, 2023
RA/slp