HB 2669
Initials PAB Page 1 Natural Resources, Energy & Water
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2669: solid waste; sludge; water quality
Sponsor: Representative Dunn, LD 25
Committee on Natural Resources, Energy & Water
Overview
Prohibits applying biosolids within 3 miles of an area with over 128 people per square mile and
within one mile of a residential area or crops for human consumption. Require any application of
a substance containing biosolids, sewage or septage to comply with Arizona Department of
Environmental Quality (ADEQ) rules regulating biosolid disposal. Additionally requires biosolids
combined with solid waste to be regulated as solid waste.
History
Regulating Biosolid Disposal
The Clean Water Act regulates discharges of pollutants into waters of the United States. Section
402 of the act establishes a program to require permits for sewer and storm water discharges
from developments, construction sites and other built areas into these waters (33 U.S.C. § 1342).
ADEQ administers this program at the state-level, which is called the Arizona Pollutant Discharge
Elimination System Program (A.R.S. § 49-255.01). Additionally, Section 405 of the act requires a
permit from this program for any disposal of sewage sludge that may result in a pollutant from this
sludge entering a water of the United States (33 U.S.C. § 1345). ADEQ has adopted rules to
operate a state program to regulate the disposal of biosolids, which is sewage sludge that is
placed on land as a soil amendment, conditioner or fertilizer (A.R.S. § 49-255.03 and R18-9-
1001). Within this program, exceptional quality biosolids are those that have been treated to meet
certain pollutant concentrations, reduce the amount of pathogens carried and reduce the
attractiveness for certain organisms (such as flies) that may transport these pathogens (R18-9-
1001).
Regulating Solid Wastes
Solid waste is regulated under the Resource Conservation and Recovery Act, which establishes
criteria for municipal solid waste landfills and other solid waste disposal facilities. It also prohibits
open dumping of solid wastes (42 U.S.C. §§ 6943 and 6944). Under this act, solid waste is any
garbage or refuse, sludge from wastewater treatment plants, water supply treatment plant or air
control facility and other material discarded from industrial, commercial, mining and agricultural
operations as well as community activities (42 U.S.C. § 6903). ADEQ has adopted rules to
regulate the storage, processing, treatment and disposal of solid wastes (A.R.S. § 49-761).
Provisions
1. Prohibits (notwithstanding any other law or rule) someone from registering to apply on lands
or undertaking a land application with any substance containing biosolids, sewer sludge or
septage:
a) Within three miles of any area with a population density greater than or equal to 128
persons per square mile or
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2669
Initials PAB Page 2 Natural Resources, Energy & Water
b) Within one mile of a crop produced for human consumption or any property zoned
residential. (Sec. 1)
2. Exempts land applications for exceptional quality biosolids from this prohibition. (Sec. 1)
3. Instructs ADEQ (notwithstanding any other law or rule) to require any application of a
substance that contains biosolids, sewage or septage to comply with ADEQ rules regulating
biosolid disposal including pathogen reduction requirements. (Sec. 1)
4. Requires (notwithstanding any other law or rule) a biosolid combined with solid waste to be
regulated as solid waste. (Sec. 1)