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H.292 1
Introduced by Representatives Masland of Thetford, Mrowicki of Putney, and 2
Olson of Starksboro 3
Referred to Committee on 4
Date: 5
Subject: Conservation and development; solid waste; PFAS; biosolids; land 6
application; sale of 7
Statement of purpose of bill as introduced: This bill proposes to ban the land 8
application or sale of biosolids, sewage sludge, or similar liquid wastes in 9
which testing indicates the presence of perfluoroalkyl and polyfluoroalkyl 10
substances (PFAS). The bill would also prohibit the landfill disposal of 11
biosolids, sewage sludge, or similar liquid wastes in which PFAS levels exceed 12
the State standards for hazardous waste. 13
An act relating to the land application and sale of biosolids containing 14
PFAS 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 10 V.S.A. § 6602 is amended to read: 17
§ 6602. DEFINITIONS 18
As used in this chapter: 19 BILL AS INTRODUCED H.292
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(1) “Secretary” means the Secretary of Natural Resources or his or her 1
the Secretary’s duly authorized representative. 2
(2) “Solid waste” means any discarded garbage; refuse; septage; sludge 3
from a waste treatment plant, water supply plant, or pollution control facility; 4
and other discarded material, including solid, liquid, semi-solid semisolid, or 5
contained gaseous materials resulting from industrial, commercial, mining, or 6
agricultural operations and from community activities but does not include 7
animal manure and absorbent bedding used for soil enrichment; high carbon 8
bulking agents used in composting; or solid or dissolved materials in industrial 9
discharges that are point sources subject to permits under the Water Pollution 10
Control Act, chapter 47 of this title. 11
* * * 12
(50) “Biosolids” means septage or sewage sludge derived, in whole or in 13
part, from domestic wastes that have been subjected to a treatment process for 14
the reduction of pathogens and have been demonstrated to meet the applicable 15
requirements in Agency rules for contaminant concentrations, vector attraction 16
reduction, and pathogen reduction. 17
(51) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means 18
a class of fluorinated organic chemicals containing at least one fully 19
fluorinated carbon atom. 20 BILL AS INTRODUCED H.292
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(52) “Septage” means the liquid and solid materials pumped from a 1
septic tank, portable toilet, or cesspool during cleaning. 2
(53) “Sludge” means any solid, semisolid, or liquid generated from a 3
municipal, commercial, or industrial wastewater treatment plant or process, 4
water supply treatment plant, air pollution control facility, or any other such 5
waste having similar characteristics and effects. “Sludge” includes Class A 6
and Class B sewage sludge as those terms are defined under 40 C.F.R. 7
Part 503. 8
Sec. 2. 10 V.S.A. § 6604b is amended to read: 9
§ 6604b. TESTING OF SOLID WASTES PRIOR TO BENEFICIAL USE 10
ON LAND OR DISTRIBUTION AND MARKETING 11
(a) The Secretary of Natural Resources, in consultation with the Secretary 12
of Agriculture, Food and Markets and with the Commissioner of Health, shall 13
adopt rules to establish a testing program for all biosolids, sewage sludge, or 14
similar liquid wastes, prior to their beneficial use on land or prior to 15
distribution and marketing of those wastes in liquid or solid form. The testing 16
program shall establish a process for the determination of minimum testing 17
frequencies and specific parameters for which analysis must be completed and 18
shall detail procedures by which samples are collected, stored, and tested. 19
(b) In establishing the process for the determination of test parameters and 20
frequency, the rules shall take into account the size and complexity of the 21 BILL AS INTRODUCED H.292
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facility,; the nature of the service area or collection system, including industrial 1
contributions,; the frequency of sewage sludge use on the land,; and any 2
existing data that is pertinent to the facility. 3
(c) Rules regarding the application of waste to fields shall take into 4
consideration the characteristics of the specific waste involved and shall 5
calculate the heavy metal or micronutrient soil holding capacity based on a pH 6
of 5.5 for the soil type at the application site, as appropriate. 7
(d) A person subject to this section shall make all analytical results derived 8
from the testing program provided for in this section available to the public 9
upon request. 10
(e) The Secretary shall test all biosolids, sewage sludge, or similar liquid 11
wastes for the presence of PFAS prior to land application of biosolids, sewage 12
sludge, or similar liquid wastes or prior to sale of biosolids. 13
(f) If PFAS are identified in biosolids, sewage sludge, or similar liquid 14
wastes under the testing required by subsection (e) of this section, a person 15
shall not: 16
(1) land apply the biosolids, sewage sludge, or similar liquid wastes; and 17
(2) sell the biosolids or products containing the biosolids. 18
Sec. 3. 10 V.S.A. § 6621a is amended to read: 19
§ 6621a. LANDFILL DISPOSAL REQUIREMENTS 20 BILL AS INTRODUCED H.292
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(a) In accordance with the following schedule, no person shall knowingly 1
dispose of the following materials in solid waste or in landfills: 2
* * * 3
(13) Solid waste, landfill leachate, septage, or sludge that has PFAS 4
levels exceeding the State standards for hazardous waste. 5
(b) This section shall not prohibit the designation and use of separate areas 6
at landfills for the storage or processing, or both, of material specified in this 7
section. 8
(c) Insofar as it applies to the operator of a solid waste management 9
facility, the Secretary may suspend the application of this section to material 10
specified in subdivision (a)(2), (3), (4), (5), or (6) of this section, or any 11
combination of these, upon finding that insufficient markets exist and adequate 12
uses are not reasonably available to serve as an alternative to disposal. 13
(d) The landfill disposal ban under subdivisions (a)(9)–(11) of this section 14
shall not apply to mandated recyclables, leaf and yard residuals, or food 15
residuals collected as part of a litter collection event operated or administered 16
by a nonprofit organization or municipality. 17
(e) Sludge shall not be used as daily cover at a landfill operating in the 18
State. 19
Sec. 4. EFFECTIVE DATE 20
This act shall take effect on July 1, 2025. 21