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HOUSE DOCKET, NO. 1884 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 136
The Commonwealth of Massachusetts
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PRESENTED BY:
Steven Owens and Sean Garballey
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act prohibiting the use and sale of toxic sludge.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/15/2025Kristin E. Kassner2nd Essex1/22/2025 1 of 3
HOUSE DOCKET, NO. 1884 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 136
By Representatives Owens of Watertown and Garballey of Arlington, a petition (accompanied
by bill, House, No. 136) of Steven Owens and Kristin E. Kassner for legislation to further
regulate the use of sludge from a municipal, commercial or industrial wastewater treatment plant
as an agricultural product. Agriculture.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act prohibiting the use and sale of toxic sludge.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 128 of the General Laws , as appearing in the 2022 Official
2Edition, shall be amended by inserting after section 65A the following new section:-
3
4 Section 65B. (a) For the purposes of this section, the following words will have the
5following meanings:
6 ''Sludge'', any solid, semisolid or liquid waste generated from a municipal, commercial or
7industrial wastewater treatment plant, water supply treatment plant, or air pollution control
8facility or any other such waste having similar characteristics and effects.
9 (b). Notwithstanding any provision of law to the contrary, except as provided in
10subsection (c), a person may not: 2 of 3
11 (1) Apply to or spread on any land in the State:
12 (i) Sludge generated from a municipal, commercial or industrial wastewater treatment
13plant;
14 (ii) Compost material that included in its production sludge generated from a municipal,
15commercial or industrial wastewater treatment plant or septage; or
16 (iii) Any other product or material that is intended for use as a fertilizer, soil amendment,
17topsoil replacement or mulch or for other similar agricultural purpose that is derived from or
18contains sludge generated from a municipal, commercial or industrial wastewater treatment plant
19or septage; or
20 (2) Sell or distribute in the State:
21 (i) Compost material that included in its production sludge generated from a municipal,
22commercial or industrial wastewater treatment plant or septage; or
23 (ii) Any other product or material that is intended for use as a fertilizer, soil amendment,
24topsoil replacement or mulch or for other similar agricultural purpose that is derived from or
25contains sludge generated from a municipal, commercial or industrial wastewater treatment plant
26or septage.
27 (c) The prohibitions in subsection (b) do not apply to:
28 (1) The disposal or placement at a solid waste landfill of any of the materials that are
29prohibited from application, spreading, sale or distribution by this subsection; 3 of 3
30 (2) The land application of or the sale or distribution of compost material or other
31agricultural product or material derived from or containing residuals generated as a result of the
32processing or cultivation of food, food waste, crops or vegetative material, the brewing of malt
33liquor, the fermenting of wine or hard cider or the distilling of spirits, including, but not limited
34to, blueberries, apples, grapes, potatoes, seaweed, fish and seafood and spent grain or malt,
35provided that such residuals are not mixed with sludge from a municipal, commercial or
36industrial wastewater treatment plant, septage, sewage or sanitary wastewater prior to or during
37land application or the production of the compost material or other agricultural product or
38material; or
39 (3) The land application of or the sale or distribution of compost material or other
40agricultural product or material derived from or containing sludge resulting from the production
41of precipitated calcium carbonate.
42 (4) The land application of or sale any of the materials that are prohibited from
43application, spreading, sale or distribution by this subsection including Materials derived from a
44composting toilet system defined by 310 CMR 15.289.