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H.303 1
Introduced by Representatives Burtt of Cabot, Bos-Lun of Westminster, 2
Branagan of Georgia, Burditt of West Rutland, Charlton of 3
Chester, Cole of Hartford, Dolgin of St. Johnsbury, Harvey of 4
Castleton, Higley of Lowell, Lipsky of Stowe, McGill of 5
Bridport, Morgan, L. of Milton, Nelson of Derby, North of 6
Ferrisburgh, O'Brien of Tunbridge, Ode of Burlington, 7
Surprenant of Barnard, Tagliavia of Corinth, and Toof of St. 8
Albans Town 9
Referred to Committee on 10
Date: 11
Subject: Conservation and development; solid waste; septage; sludge; 12
biosolids; prohibition on land application 13
Statement of purpose of bill as introduced: This bill proposes to ban the land 14
application of septage, sludge, and biosolids. The bill also would prohibit the 15
sale of compost or other agricultural products containing or produced from 16
septage, sludge, or biosolids. 17
An act relating to the use of septage, sludge, and biosolids 18 BILL AS INTRODUCED H.303
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It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 10 V.S.A. § 6602 is amended to read: 2
§ 6602. DEFINITIONS 3
As used in this chapter: 4
(1) “Secretary” means the Secretary of Natural Resources or his or her 5
duly authorized representative. 6
* * * 7
(50) “Biosolids” means septage or sewage sludge derived, in whole or in 8
part, from domestic wastes that have been subjected to a treatment process for 9
the reduction of pathogens and have been demonstrated to meet the applicable 10
requirements in Agency rules for vector attraction reduction and pathogen 11
reduction. 12
(51) “Septage” means the liquid and solid materials pumped from a 13
septic tank, portable toilet, or cesspool during cleaning. 14
(52) “Sludge” means any solid, semisolid, or liquid generated from a 15
municipal, commercial, or industrial wastewater treatment facility or process, 16
water supply treatment plant, air pollution control facility, or any other such 17
waste having similar characteristics and effects. “Sludge” includes Class A 18
and Class B sewage sludge as those terms are defined under 40 C.F.R. Part 19
503. 20 BILL AS INTRODUCED H.303
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(53) “Wastewater treatment facility” has the same meaning as in section 1
1295 of this title. 2
Sec. 2. 10 V.S.A. § 6604b is amended to read: 3
§ 6604b. TESTING OF SOLID WASTES PRIOR TO BENEFICIAL USE 4
ON LAND OR DISTRIBUTION AND MARKETING 5
PROHIBITION ON LAND APPLICATION OF SLUDGE , 6
SEPTAGE, AND BIOSOLIDS AND SALE OF COMPOST AND 7
OTHER AGRICULTURAL PRODUCTS AND MATERIAL S 8
CONTAINING SLUDGE, SEPTAGE, AND BIOSOLIDS 9
(a) The Secretary of Natural Resources, in consultation with the Secretary 10
of Agriculture, Food and Markets and with the Commissioner of Health, shall 11
adopt rules to establish a testing program for all sewage sludge, or similar 12
liquid wastes, prior to their beneficial use on land or prior to distribution and 13
marketing of those wastes in liquid or solid form. The testing program shall 14
establish a process for the determination of minimum testing frequencies and 15
specific parameters for which analysis must be completed and shall detail 16
procedures by which samples are collected, stored, and tested. 17
(b) In establishing the process for the determination of test parameters and 18
frequency, the rules shall take into account the size and complexity of the 19
facility, the nature of the service area or collection system, including industrial 20 BILL AS INTRODUCED H.303
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contributions, the frequency of sewage sludge use on the land, and any existing 1
data that is pertinent to the facility. 2
(c) Rules regarding the application of waste to fields shall take into 3
consideration the characteristics of the specific waste involved and shall 4
calculate the heavy metal or micronutrient soil holding capacity based on a pH 5
of 5.5 for the soil type at the application site, as appropriate. 6
(d) A person subject to this section shall make all analytical results derived 7
from the testing program provided for in this section available to the public 8
upon request. 9
(a) Notwithstanding any provision of law to the contrary, a person shall not 10
apply to or spread on any land in the State: 11
(1) septage, sludge, or biosolids; 12
(2) compost material that includes in its production the use of septage, 13
sludge, or biosolids; or 14
(3) any other product or material that is intended for use as a fertilizer, 15
soil amendment, topsoil replacement, or mulch or for other similar agricultural 16
purpose that is derived from or contains septage, sludge, or biosolids. 17
(b) Notwithstanding any provision of law to the contrary, a person shall not 18
sell or distribute in the State: 19
(1) compost material that includes in its production the use of septage, 20
sludge, or biosolids; or 21 BILL AS INTRODUCED H.303
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(2) any other product or material that is intended for use as a fertilizer, 1
soil amendment, topsoil replacement, or mulch or for other similar agricultural 2
purpose that is derived from or contains septage, sludge, or biosolids. 3
Sec. 3. 10 V.S.A. § 6605 is amended to read: 4
§ 6605. SOLID WASTE MANAGEMENT FACILITY CERTIFICATION 5
(a)(1) No person shall construct, substantially alter, or operate any solid 6
waste management facility without first obtaining certification from the 7
Secretary for such the facility, site, or activity, except for sludge or septage 8
treatment or storage facilities located within the fenced area of a domestic 9
wastewater treatment plant facility permitted under chapter 47 of this title. 10
This exemption for sludge or septage treatment or storage facilities shall exist 11
only if both of the following are met: 12
(A) the treatment facility does not use a process to reduce pathogens 13
further in order to qualify for marketing and distribution; and 14
(B) the The facility is not a drying bed, lagoon, or nonconcrete 15
bunker; and. 16
(C)(B) the The owner of the facility has submitted a sludge and 17
septage management plan to the Secretary and the Secretary has approved the 18
plan as conforming with the requirements and established standard for proper 19
management of these materials. Noncompliance with an approved sludge and 20 BILL AS INTRODUCED H.303
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septage management plan shall constitute a violation of the terms of this 1
chapter, as well as a violation under chapters 201 and 211 of this title. 2
(2) Certification shall be valid for a period not to exceed 10 years. 3
* * * 4
(g)(1) Notwithstanding any contrary provision of this section, the Secretary 5
may authorize the land disposal or management of sludge or septage by an 6
applicant at any certified site or facility with available capacity, provided the 7
Secretary finds: 8
(A) that the applicant needs to dispose of accumulated sludge or 9
septage promptly, and that delay would likely cause public health, or 10
environmental damage, or nuisance conditions, or would result in excessive 11
and unnecessary cost to the public, and that the applicant has lost authority to 12
use previously certified sites through no act or omission of the applicant; and 13
(B) that at the certified site or facility to be used: 14
(i) the certificate holder agrees in writing to allow use of the site 15
or facility by the applicant; 16
(ii) management of the applicant’s sludge or septage is compatible 17
with the site or facility certificate; 18
(iii) all terms and conditions of the original certification will 19
continue to be met with addition of the applicant’s sludge or septage; and 20 BILL AS INTRODUCED H.303
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(iv) beginning January 1, 2013, any sludge or septage applied to 1
land shall be applied according to a nutrient management plan approved by the 2
Secretary. 3
(2) Issuance of an approval under this subsection shall comply with 4
section 7716 of this title. [Repealed.] 5
* * * 6
Sec. 4. EFFECTIVE DATE 7
This act shall take effect on July 1, 2025. 8