HB 2669
Initials PAB/BSR Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: NREW DPA/SE 10-0-0-0 | 3
rd
Read 60-0-0-0
Senate: NREW DPA 6-0-1-0 | 3
rd
Read 28-0-2-0
Final Pass: 60-0-0-0-0
HB 2669: solid waste; sludge; water quality
NOW: prohibition; biosolids; land application
Sponsor: Representative Dunn, LD 25
Transmitted to the Governor
Overview
Instructs the Arizona Department of Environmental Quality (ADEQ) Director to require any land
application of a substance containing sewage or septage to comply with ADEQ rules. 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. Directs the ADEQ Director, notwithstanding any other law or rule, to require any land
application of a substance containing sewage or septage to comply with ADEQ sewage sludge
rules, including pathogen reduction requirements that are consistent with the Clean Water
Act. (Sec. 1) HB 2669
Initials PAB/BSR Page 2 Transmitted
2. Requires, notwithstanding any other law or rule, a biosolid combined with a solid waste to be
regulated as solid waste. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note