SB 1212
Initials BSR Page 1 Land, Agriculture & Rural Affairs
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: NR DP 5-3-0-0 | 3rd Read 16-12-2-0
SB 1212: biosolids; land application; immunity
Sponsor: Senator Dunn, LD 25
Committee on Land, Agriculture & Rural Affairs
Overview
Outlines requirements regarding the application of biosolids to agricultural lands.
History
The Clean Water Act (CWA) regulates discharges of pollutants into waters of the United
States. The CWA establishes a program to require permits for sewer and storm water
discharges from developments, construction sites and other built areas in these waters (33
U.S.C. § 1342).
ADEQ administers the Arizona Pollutant Discharge Elimination System Program, in
conjunction to the Sewage Sludge Program (Program). Additionally, the CWA requires a
permit for any disposal of sewage sludge that may result in a pollutant from this sludge
entering a water of the United States (A.R.S. § 49-255.01 and 33 U.S.C. § 1345).
ADEQ adopted rules to operate the Program to regulate the disposal of biosolids, which is
sewage sludge that is placed on land as a soil amendment, conditioner or fertilizer. Within
the 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
(A.R.S. § 49-255.03 and A.C.C. R18-9-1001).
Provisions
1. Requires the ADEQ Director to adopt rules for the application of biosolids to agricultural
lands that are consistent with EPA standards for the use or disposal of sewage sludge
and consider outlined factors. (Sec. 4)
2. Stipulates that the ADEQ rules must ensure that the application of biosolids to
agricultural lands do not conflict with the water quality requirements of the Program.
(Sec. 4)
3. Allows the Agricultural Best Management Practice Committee (Committee) to provide
recommendations to ADEQ to adopt rules for the application of biosolids to agricultural
lands that are consistent with EPA standards for the use or disposal of sewage sludge.
(Sec. 3)
4. Instructs the State Land Commissioner (Commissioner) to require an agricultural lessee
of state lands to comply with all applicable local ordinances and state, federal and
generally accepted farming practices on state lands, including rules and laws regarding
the use of fertilizers, biosolids and soil amendments. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1212
Initials BSR Page 2 Land, Agriculture & Rural Affairs
5. Declares a person's use of fertilizers, biosolids and soil amendments on state lands subject
to an agricultural lease is presumed reasonable if the use complies with the Program and
statute relating to the application of biosolids to agricultural lands. (Sec. 1)
6. Prohibits the Commissioner from restricting the use of fertilizers, biosolids and soil
amendments as a condition of lease renewal if ADEQ has not made a finding that the
lessee's use is in violation of the Program and statute relating to the application of
biosolids to agricultural lands. (Sec. 1)
7. Allows the Commissioner to terminate or deny the renewal of any lease if the lessee
violates the Program and statute relating to the application of biosolids to agricultural
lands requirements. (Sec. 1)
8. Requires an agricultural lessee of state land, on written request, to provide the
Commissioner a copy of all applicable permits and registration from ADEQ. (Sec. 1)
9. Exempts the Commissioner, ADEQ, the State Land Trust, the State and any counties, if
the Commissioner is in compliance with the outlined requirements, from all liabilities or
damages arising from any action relating to the use of fertilizers, biosolids and soil
amendments on state lands. (Sec. 1)
10. States that rules adopted in statute relating to the Program may not conflict with EPA
standards relating to the application of biosolids to agricultural lands. (Sec. 2)
11. Requires the ADEQ Director or the Director's designee who serves on the Committee to
visit in person an agricultural operation that will be affected by the updated rules at least
two times during the time period in which the agricultural operation is actively applying
biosolids before ADEQ adopts any rules for the application of biosolids to agricultural
lands. (Sec. 5)
12. Repeals the ADEQ Director's visitation requirement on January 1, 2028. (Sec. 5)
13. Instructs ADEQ, by December 31, 2025, to provide a report on current staff resources
available to implement this legislation and whether additional staff are needed to
specified individuals. (Sec. 6)
14. Defines biosolids. (Sec. 1, 3 and 4)
15. Makes technical changes. (Sec 2 and 3)