Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2669
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. ยง 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. FACT SHEET
H.B. 2669
Page 2
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
3
rd
Read 3/7/23 60-0-0
Prepared by Senate Research
March 28, 2023
RA/slp