Sewage Sludge - Per- and Polyfluoroalkyl Substances - Regulation

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0925*

HOUSE BILL 925
M3 6lr2035
CF SB 719
By: Delegate Stein Delegates Stein, Behler, Foley, Holmes, Lewis, Odom, and
Ziegler
Introduced and read first time: February 5, 2026
Assigned to: Environment and Transportation and Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026

CHAPTER ______

AN ACT concerning 1

Sewage Sludge – Per– and Polyfluoroalkyl Substances – Regulation 2

FOR the purpose of establishing restrictions on the land application, on or after a certain 3
date, of sewage sludge or products containing sewage sludge with total 4
concentrations of certain regulated per – and polyfluoroalkyl substances equal to or 5
greater than certain levels; authorizing, on or before a certain date, a person to blend 6
sewage sludge from multiple sources commingle sewage sludge for a certain purpose 7
and subject to certain regulations and requirements; establishing monitoring 8
protocols for certain per– and polyfluoroalkyl substances in certain sewage sludge or 9
products containing sewage sludge ; authorizing the establishment of pr etreatment 10
standards for certain industrial users that discharge certain per – and 11
polyfluoroalkyl substances at levels that exceed certain action levels; authorizing 12
certain local jurisdictions and pretreatment authorities to set certain rates and fees 13
for certain industrial users; encouraging sewage sludge generators to take certain 14
actions with respect to certain per – and polyfluoroalkyl substances; and generally 15
relating to per– and polyfluoroalkyl substances and sewage sludge. 16

BY repealing and reenacting, without amendments, 17
Article – Environment 18
Section 9–201(a), (l), and (m) and 9–230 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2025 Supplement) 21

BY repealing and reenacting, with amendments, 22
2 HOUSE BILL 925

Article – Environment 1
Section 9–201(k) 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2025 Supplement) 4

BY adding to 5
Article – Environment 6
Section 9–250 7
Annotated Code of Maryland 8
(2014 Replacement Volume and 2025 Supplement) 9

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11

Article – Environment 12

9–201. 13

(a) In this subtitle the following words have the meanings indicated. 14

(k) “Sewage” means[: 15

(1) Any human or animal excretion or water–carried domestic waste; or 16

(2) A mixture of industrial waste and any of the things in item (1) of this 17
subsection] THE WATER–CARRIED DOMESTIC WASTE FROM RESIDENCES, BUILDINGS, 18
INDUSTRIAL ESTABLISHMENTS, OR OTHER PLACES. 19

(l) “Sewage sludge” means any thickened liquid, suspension, s ettled solid, or 20
dried residue that a sewage treatment plant extracts from sewage. 21

(m) (1) “Sewage sludge generator” means a person who owns or operates a 22
facility that receives and processes sewage in this State or produces sewage sludge to be 23
utilized in this State. 24

(2) “Sewage sludge generator” includes: 25

(i) The Washington Suburban Sanitary Commission; and 26

(ii) The Maryland Environmental Service. 27

(3) “Sewage sludge generator” does not include the owner or operator of a 28
septic system. 29

9–230. 30

HOUSE BILL 925 3

(a) (1) The Department of the Environment shall adopt regulations to carry 1
out this Part III of this subtitle. 2

(2) The Department of the Environment may not adopt a regulation or part 3
of a regulation that deals with the land application of sewa ge sludge without the approval 4
of the Department of Agriculture. 5

(b) In adopting regulations under this Part III and §§ 9 –269 and 9 –270 of this 6
subtitle, the Department of the Environment shall consider: 7

(1) Alternative utilization methods; 8

(2) Pathogen control; 9

(3) Advertising requirements for public hearings and public information 10
meetings; 11

(4) Performance bonds, liability insurance, or other forms of security; 12

(5) Procedures for notifying units of local government and other interested 13
parties; and 14

(6) Adequate standards for transporting sewage sludge, including 15
requirements for enclosing or covering sewage sludge during transportation. 16

(c) In addition to the considerations under subsection (b) of this section, in 17
adopting regulations for the land application of sewage sludge, the Department of the 18
Environment shall consider: 19

(1) Methods for calculating loading rates that: 20

(i) Will assure nondegradation of the groundwater supply; and 21

(ii) For agricultural land, shall be limited by the nutrient 22
requirements of crop or cover vegetation, as recommended by the Department of 23
Agriculture; 24

(2) The crops that are to be grown on land on which sewage sludge may be 25
applied; 26

(3) The nature of any nearby surface water or groundwater; 27

(4) The character of any affected area; 28

(5) The character of nearby existing or planned land uses and transport 29
routes; 30

4 HOUSE BILL 925

(6) The nearness of the land on which sewage sludge may be applied to 1
sensitive areas, including flood plains, wetlands, and areas of critical concern; 2

(7) The definitions of: 3

(i) Sewage sludge that is unsuitable for application to agricultural 4
land; 5

(ii) Agricultural land; 6

(iii) Marginal land; and 7

(iv) Compost; 8

(8) Acceptable cumulative loading rates, including rates for nitrogen and 9
heavy metals; 10

(9) Special requirements of land used for producing tobacco; and 11

(10) Reasonable buffer areas to separate any home or other property from 12
land on which sewage sludge may be applied. 13

(d) (1) The Department shall adopt regulations to establish a mechanism for 14
determining annual generator’s fees. 15

(2) The regulations shall provide for public input into the development of 16
fee schedules. 17

(3) The fee schedules shall take into account: 18

(i) The volume of sewage sludge generated by a sewage sludge 19
generator; 20

(ii) The method by which the sewage sludge is utilized; 21

(iii) The anticipated costs of monitoring and regulating sewage 22
sludge utilization sites; 23

(iv) The anticipated needs of the State’s sewage sludge regulation 24
program; and 25

(v) The potential hazard of the sewage sludge generator’s activities 26
to public health, safety, or welfare or to the environment. 27

9–250. 28

HOUSE BILL 925 5

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2

(2) “COMMINGLE” MEANS TO MIX TREATED SEWAGE SLUDGE WITH 3
OTHER MATERIALS FOR THE PURPOSE OF REDUC ING THE CONCENTRATIO N OF 4
REGULATED PFAS. 5

(2) (3) “CONCENTRATION OF REGU LATED PFAS” MEANS THE 6
TOTAL CONCENTRATION , AS MEASURED IN ACCOR DANCE WITH MONITORIN G 7
PROTOCOLS ESTABLISHE D UNDER SUBSECTION (G) OF THIS SECTION , OF THE 8
FOLLOWING PER– AND POLYFLUOROALKYL SUBSTANCES: 9

(I) PFOA; 10

(II) PFOS; OR 11

(III) A MIXTURE OF PFOA AND PFOS. 12

(3) (4) “PFOS” MEANS PERFLUOROOCTANE SULFONIC ACID. 13

(4) (5) “PFOA” MEANS PERFLUOROOCTANOIC ACID. 14

(B) THIS SECTION APPLIES ONLY TO THE LAND APPLICATION OF ALL 15
SEWAGE SLUDGE AND PRODUCTS CONTAIN ING SEWAGE SLUDGE TH AT ARE 16
INTENDED FOR LAND APPLICATION IN THE STATE. 17

(C) ON OR AFTER OCTOBER 1, 2027 2028: 18

(1) A PERSON MAY NOT APPLY SEWAGE SLUDGE OR A PRODUCT 19
CONTAINING SEWAGE SL UDGE TO AGRICULTURAL OR M ARGINAL LAND IF THE 20
SEWAGE SLUDGE OR PRODUCT CONTAININ G SEWAGE SLUDGE HAS A TOTAL 21
CONCENTRATION OF REGULATED PFAS EQUAL TO OR GREATER THAN 50 PARTS 22
PER BILLION; AND 23

(2) IF SEWAGE SLUDGE OR A PRODUCT CONTAINING SEWAGE SLUDGE 24
HAS A TOTAL CONCENTR ATION OF REGULATED PFAS THAT IS EQUAL TO OR 25
GREATER THAN 25 PARTS PER BILLION BU T LESS THAN 50 PARTS PER BILLION , A 26
PERSON MAY APPLY THE SEWAGE SLUDGE OR PRODUCT CONTAININ G SEWAGE 27
SLUDGE TO AGRICULTURAL OR M ARGINAL LAND ONLY IN ACCORDANCE WITH 28
SUBSECTIONS (E) AND (F) OF THIS SECTION. 29

(D) (1) ON OR BEFORE SEPTEMBER 30, 2029, AFTER OCTOBER 1, 2028, 30
IF A SEWAGE SLUDGE GENE RATOR DETERMINES , THROUGH MONITORING 31
6 HOUSE BILL 925

PROTOCOLS ESTABLISHE D UNDER SUBSECTION (G) OF THIS SECTION , THAT ITS 1
SEWAGE SLUDGE HAS A TOTAL CONCENTRATION OF REGULATED PFAS THAT IS 2
EQUAL TO OR GREATER THAN 25 PARTS PER BILLION BUT LESS THAN 50 PARTS PER 3
BILLION, SUBJECT TO THE REQUI REMENTS OF THIS SUBS ECTION AND IN 4
ACCORDANCE WITH DEPARTMENT REGULATIONS: 5

(I) A PERSON MAY BLEND SEW AGE SLUDGE FROM MULT IPLE 6
SOURCES FOR A PERIOD OF NOT M ORE THAN 2 YEARS FOLLOWING THE DATE THE 7
DETERMINATION IS MADE, THE SEWAGE SLUDGE MAY BE COMMINGLED TO REDUCE 8
THE TOTAL CONCENTRAT ION OF REGULATED PFAS IN THE FINAL MATERIA L TO 9
LEVELS BELOW 25 PARTS PER BILLION; AND 10

(II) SEWAGE SLUDGE OR A PRODUCT CONTAIN ING SEWAGE 11
SLUDGE BLENDED COMMINGLED IN ACCORDANCE WITH I TEM (I) OF THIS 12
PARAGRAPH MAY NOT BE SUBJECT TO THE TEMPO RARY ALTERNATIVE 13
MANAGEMENT MEASURES SPECIFIED IN SUBSECTION (E) OF THIS SECTION. 14

(2) (I) A PERSON THAT BLENDS OR OTHERWISE COMMINGLES 15
SEWAGE SLUDGE FOR TH E PURPOSE OF LAND AP PLICATION SHALL MONI TOR FOR 16
THE PRESENCE OF PFOS AND PFOA AT LEAST ONCE PER MO NTH, USING A 17
REPRESENTATIVE SAMPL E, IN ACCORDANCE WITH P ROTOCOLS ESTABLISHED 18
UNDER SUBSECTION (G) OF THIS SECTION. 19

(II) IF THE TOTAL CONCENTR ATION OF REGULATED PFAS IN 20
THE BLENDED COMMINGLED PRODUCT IS EQUAL TO OR GREATER THAN 25 PARTS 21
PER BILLION, THE PERSON: 22

1. SHALL IMMEDIATELY NOT IFY THE DEPARTMENT; 23
AND 24

2. MAY NOT APPLY THE BLENDED COMMINGLED 25
PRODUCT TO LAND UNTI L THE PERSON DEMONST RATES, THROUGH ADDITIONAL 26
MONITORING, THAT THE TOTAL CONCE NTRATION OF REGULATE D PFAS IN THE 27
BLENDED COMMINGLED PRODUCT HAS BEEN REDUCED TO LEVELS BELOW 25 PARTS 28
PER BILLION. 29

(E) (1) THIS SUBSECTION APPLIES ONLY TO THE LAND APPLICATION ON 30
OR AFTER OCTOBER 1, 2028, OF SEWAGE SLUDGE OR PRODUCTS CONTAINI NG 31
SEWAGE SLUDGE THAT HAVE HAS A TOTAL CONCENTRATION OF REGULATED PFAS 32
THAT IS EQUAL TO OR GREATER THAN 25 PARTS PER BILLION BU T LESS THAN 50 33
PARTS PER BILLION. 34

HOUSE BILL 925 7

(2) FOR A PERIOD OF NOT MORE THAN 12 MONTHS, AND PENDING THE 1
DEVELOPMENT AND APPROVAL OF A MITIGATION PLAN DURING THE DEVELOPMENT 2
AND IMPLEMENTATION O F THE SOURCE TRACKIN G STUDY AND MITIGATI ON PLAN 3
REQUIRED UNDER SUBSECTION (F) OF THIS SECTION, A PERSON MAY APPLY SEWAGE 4
SLUDGE AND OTHER PRODUCTS DESCRIBED UNDER PARA GRAPH (1) OF THIS 5
SUBSECTION TO LAND: 6

(I) AT A RATE THAT DOES N OT EXCEED 3 DRY METRIC TONS 7
PER HECTARE ACRE; AND 8

(II) SUBJECT TO: 9

1. THE SAME SETBACK REQU IREMENTS ESTABLISHED 10
IN REGULATION FOR CLASS B BIOSOLIDS; AND 11

2. ADDITIONAL SETBACKS F OR LAND APPLICATION 12
NEAR PUBLIC AND PRIV ATE WATER SUPPLY WEL LS DEVELOPED BY THE 13
DEPARTMENT AFTER CONSULTATION WITH ADJACENT LANDOWNERS AND COUNTY 14
AND MUNICIPAL OFFICIALS FROM EACH LOCAL JURISDICTION LOCATED WITHIN 1 15
MILE OF THE PROPERTY BOUNDARY.; AND 16

3. PARAGRAPH (3) OF THIS SUBSECTION. 17

(3) AT LEAST 14 DAYS BEFORE LAND APP LYING SEWAGE SLUDGE 18
DESCRIBED UNDER PARA GRAPH (1) OF THIS SUBSECTION , THE LAND APPLIER 19
SHALL PROVIDE NOTICE OF THE CONCENTRATION OF REGULATED PFAS IN THE 20
SEWAGE SLUDGE TO: 21

(I) THE OWNER OR OPERATOR OF THE LAND ON WHICH THE 22
SEWAGE SLUDGE WILL BE APPLIED; 23

(II) THE OWNER OF EACH PAR CEL OF LAND ADJOININ G THE 24
LAND TO WHICH THE SEWAGE SLUDGE WILL BE APPLIED; AND 25

(III) THE LOCAL GOVERNMENT FOR EACH COUNTY AND 26
MUNICIPALITY IN WHIC H THE LAND TO WHICH THE SEWAGE SLUDGE WI LL BE 27
APPLIED IS LOCATED. 28

(F) (1) THIS SUBSECTION APPLI ES ONLY TO A SEWAGE SLUDGE 29
GENERATOR THAT PRODU CES SEWAGE SLUDGE TH AT IS INTENDED FOR L AND 30
APPLICATION. 31

(2) IF A SEWAGE SLUDGE GE NERATOR DETERMINES , THROUGH 32
MONITORING PROTOCOLS ESTABLISHED UNDER SUBSECTION (G) OF THIS SECTION, 33
8 HOUSE BILL 925

THAT ITS SEWAGE SLUDGE HAS A TOTAL CONCENTRATION OF PFAS THAT IS EQUAL 1
TO OR GREATER THAN 25 PARTS PER BILLION , THE SEWAGE SLUDGE GE NERATOR 2
SHALL: 3

(I) COMPLETE A SOURCE TRA CKING STUDY IN ACCOR DANCE 4
WITH PARAGRAPH (3) OF THIS SUBSECTION; AND 5

(II) DEVELOP A MITIGATION PLAN IN ACCORDANCE W ITH 6
PARAGRAPH (4) OF THIS SUBSECTION. 7

(3) A SOURCE TRACKING STUD Y CONDUCTED UNDER TH IS 8
SUBSECTION SHALL BE DESIGNED TO DETERMIN E THE CONTRIBUTIONS OF 9
SOURCES OF PFOS AND PFOA TO THE WA STEWATER TREATMENT S YSTEM WITH 10
SUFFICIENT SPECIFICITY TO ALLOW THE SEWA GE SLUDGE GENERATOR AND THE 11
DEPARTMENT TO REDUCE OR PREVENT THE RELEASE OF PFOA AND PFOS FROM 12
CONTROLLABLE SOURCES IN ACCORDANCE WITH APPLICABLE LAW. 13

(4) (I) A MITIGATION PLAN DEVELOPED UNDER THIS SUBSECTION 14
SHALL: 15

1. BE DEVELOPED IN CONSU LTATION WITH THE 16
DEPARTMENT; 17

2. IDENTIFY SIGNIFICANT SOURCES OF PFOA AND 18
PFOS LOADING TO THE WASTEWATER TREATMENT SYSTEM; 19

3. INCLUDE ACTIONS THAT THE SEWAGE SLUDGE 20
GENERATOR CAN IMPLEM ENT, OR REQUIRE SOURCES O F PFOA AND PFOS 21
LOADING TO IMPLEMENT, TO REDUCE THE TOTAL CONCENTRATION OF REGULATED 22
PFAS TO LEVELS BELOW 25 PARTS PER BILLION; 23

4. TAKE INTO CONSIDERATION INNOVATIVE SOLUTIONS 24
AND LONG–TERM MITIGATION APPROACHES, CONSISTENT WITH APPLICABLE LAWS, 25
REGULATIONS, AND OTHER REQUIREMENTS; AND 26

5. INCLUDE A REASONABLE TIMELINE, NOT TO EXCEED 27
2 YEARS 5 YEARS FROM THE DATE A DETERMINATION IS MADE UNDER PARAGRAPH 28
(2) OF THIS SUBSECTION, FOR IMPLEMENTING THE MITIGATION PLAN. 29

(II) THE ELEMENTS AND STRA TEGIES IDENTIFIED IN A 30
MITIGATION PLAN DEVELOPED UNDER THIS SUBSECTION MAY INCLUDE: 31

HOUSE BILL 925 9

1. THE EXERCISE OF PRETR EATMENT CONTROL 1
AUTHORITIES IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION TO REDUCE 2
LOADING FROM INDUSTRIAL USERS; 3

2. THE INSTALLATION OF T REATMENT SOLUTIONS A T 4
POINTS OF ENTRY OR C ONCENTRATION IN THE SANITARY SEWER SYSTE MS THAT 5
CONTAIN SIGNIFICANT LEVELS OF PFOS OR PFOA; OR 6

3. THE INSTALLATION OF S YSTEM–SCALE TREATMENT 7
SOLUTIONS TO REDUCE THE TOTAL CONCENTRAT ION OF REGULATED PFAS TO 8
LEVELS BELOW 25 PARTS PER BILLION. 9

(III) IF, DURING THE MONITORIN G PERIOD FOR WHICH T HE 10
TOTAL CONCENTRATION OF PFAS WAS DETERMINED TO BE EQUAL TO OR GREATER 11
THAN 25 PARTS PER BILLION, THE INDIVIDUAL SAMPLES WERE WITHIN THE MARGIN 12
OF ERROR OR DETECTION LIMIT FOR THE LABORATORY PERFORMING THE SAMPLE 13
ANALYSIS, THE MITIGATION PLAN SHALL INCLUDE ADDITI ONAL TESTING 14
REQUIREMENTS AND TIM ELINES DEVELOPED IN CONSULTATION WITH TH E 15
DEPARTMENT. 16

(5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 17
PARAGRAPH, A SEWAGE SLUDGE GENE RATOR SHALL SUBMIT A MITIGATION PLAN 18
REQUIRED UNDER THIS SUBSECTION TO THE DEPARTMENT WITHIN 6 MONTHS 19
AFTER COMPLETION OF THE SOURCE TRACKING STUDY REQUIRED UNDER THIS 20
SUBSECTION. 21

(II) A SEWAGE SLUDGE GENERA TOR MAY REQUEST AND THE 22
DEPARTMENT MAY GRANT A SINGLE EXTENSION O N THE DEVELOPMENT AN D 23
SUBMISSION OF A MITIGATION PLAN UNDER THIS SUBSECTION BASED ON: 24

1. EXIGENT CIRCUMSTANCES; OR 25

2. CONSIDERATIONS RELATED TO THE INVESTIGATI ON 26
AND DESIGN OF MANAGEMENT APPROACHES OR TREATMENT OPTIONS. 27

(6) (I) THE DEPARTMENT SHALL REVIEW EACH MITIGATION PLAN 28
SUBMITTED UNDER THIS SUBSECTION AND MAY A PPROVE, DENY, OR SUGGEST 29
CHANGES TO THE MITIGATION PLAN. 30

(II) IN REVIEWING A MITIGATION PLAN SUBMITTED UNDER THIS 31
SUBSECTION, THE DEPARTMENT SHALL CONS IDER THE COST OF IMP LEMENTING 32
MITIGATION OPTIONS. 33

10 HOUSE BILL 925

(7) A SEWAGE SLUDGE GENERATOR: 1

(I) SHALL COMPLY WITH THE PROVISIONS OF AN APP ROVED 2
MITIGATION PLAN; AND 3

(II) MAY NOT APPLY SEWAGE SLUDGE OR A PRODUCT 4
CONTAINING SEWAGE SLUDGE TO LAND IF THE DEPARTMENT HAS DETERM INED 5
THAT THE GENERATOR I S OUT OF COMPLIANCE WITH THE PROVISIONS OF AN 6
APPROVED MITIGATION PLAN. 7

(8) THE DEPARTMENT SHALL PROV IDE A SEWAGE SLUDGE 8
GENERATOR WITH REASONABLE TECHNICAL ASSISTANCE IN THE DEVELOPMENT OF 9
A SOURCE TRACKING STUDY AND MITIGATION PLAN UNDER THIS SUBSECTION. 10

(G) (1) (I) FOR EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 11
SUBSECTION, FOR THE PURPOSE OF ASSES SING COMPLIANCE WITH THE 12
REQUIREMENTS OF THIS SECTION, THE TOTAL CONCENTRAT ION OF REGULATED 13
PFAS IN SEWAGE SLUDGE OR A PRODUCT CONTAINING SEWAGE SLUDGE SHALL BE 14
DETERMINED BY TAKING THE AVERAGE OF SAMPLES TAKEN IN ACCORDANCE WITH 15
THIS SUBSECTION OVER THE IMMEDIATELY PRECEDING 12 MONTHS. 16

(2) (II) EACH SAMPLE SHALL BE TAKEN: 17

(I) 1. DURING NORMAL OPERATI NG CONDITIONS , AS 18
SPECIFIED IN DEPARTMENT REGULATIONS; 19

(II) AT THE POINT WHERE SE WAGE SLUDGE LEAVES T HE 20
WASTEWATER TREATMENT FACILITY; AND 21

(III) 2. AT A FREQUENCY SPECIFIED BY THE DEPARTMENT IN 22
REGULATION, BUT NOT LESS THAN QUARTERLY. 23

(2) FOR A PERIOD OF NOT M ORE THAN 12 MONTHS FOLLOWING THE 24
DATE THAT COMMINGLING OPERATIONS BEGIN, A COMMINGLING OPERATION MAY 25
USE A MASS BA LANCE CALCULATION TO DETERMINE THE CONCEN TRATION OF 26
REGULATED PFAS IN THE COMMINGLED PRODUCT. 27

(3) (I) SAMPLES SHALL BE ANAL YZED USING A METHOD 28
APPROVED BY THE DEPARTMENT AND CONDUCTED BY A LABORATORY CERTIFIED 29
TO PERFORM THE METHO D AND SUBJECT TO A L ABORATORY LEVEL OF 30
QUANTITATION FOR BIOSOLIDS ANALYSIS NOT TO EXCEED 2 PARTS PER BILLION: 31

HOUSE BILL 925 11

1. USING THE U.S. ENVIRONMENTAL PROTECTION 1
AGENCY’S METHOD 1633A OR AN EQUIVALENT M ETHOD APPROVED BY TH E 2
DEPARTMENT; 3

2. AT A CERTIFIED OR ACCREDITED LABORATORY; AND 4

3. SUBJECT TO A REPORTIN G LEVEL ESTABLISHED BY 5
THE DEPARTMENT. 6

(II) THE DEPARTMENT SHALL ASSI ST SEWAGE SLUDGE 7
GENERATORS IN IDENTI FYING QUALIFIED LABO RATORIES UNDER THIS 8
PARAGRAPH. 9

(4) THE DEPARTMENT MAY ESTABLISH ADDI TIONAL MONITORING 10
REQUIREMENTS FOR MAT ERIALS BLENDED COMMINGLED IN ACCORDANCE WITH 11
SUBSECTION (D) OF THIS SECTION. 12

(H) (1) IN ACCORDANCE WITH TH E FEDERAL CLEAN WATER ACT, THE 13
DEPARTMENT AND PRETREATMENT AUTHORITIES MAY ESTABLISH PRETREATMENT 14
STANDARDS FOR INDUST RIAL USERS THAT DISC HARGE PER – AND 15
POLYFLUOROALKYL SUBS TANCES AT LEVELS THA T EXCEED ACTION LEVE LS 16
ESTABLISHED BY THE DEPARTMENT OR THE PRE TREATMENT AUTHORITY UNDER 17
AN INDUSTRIAL PRETREATMENT PROGRAM. 18

(2) IF A PUBLICLY OWNED T REATMENT WORKS DOES NOT HAVE AN 19
INDUSTRIAL PRETREATM ENT PROGRAM , AND IT IS DETERMINED THAT SEWAGE 20
SLUDGE PRODUCED FOR LAND APPLICATION BY THE PUBLICLY OWNED TREATMENT 21
WORKS HAS A TOTAL CO NCENTRATION OF REGUL ATED PFAS EQUAL TO OR 22
GREATER THAN 25 PARTS PER B ILLION, THE DEPARTMENT SHALL , IN 23
CONSULTATION WITH TH E PUBLICLY OWNED TRE ATMENT WORKS , DEVELOP 24
DISCHARGE PERMITS FO R INDUSTRIAL USERS I N A MANNER CALCULATE D TO 25
ESTABLISH LOCAL LIMI TS FOR PER – AND POLYFLUOROALKYL SUBSTANCES 26
CONSISTENT WITH EXIS TING AUTHORIT IES UNDER THE FEDERA L CLEAN WATER 27
ACT EVALUATE THE CONTRIB UTION FROM INDUSTRIA L USERS AND DETERMIN E 28
APPROPRIATE CONTROLS TO MEET APPLICABLE STANDARDS. 29

(3) THE DEPARTMENT SHALL: 30

(I) ISSUE GUIDANCE TO SUP PORT PUBLICLY OWNED 31
TREATMENT WORKS IN THE IMPLEMENTATION OF THIS SUBSECTION; AND 32

12 HOUSE BILL 925

(II) PROVIDE REASONABLE TE CHNICAL ASSISTANCE A S 1
REQUESTED BY LOCAL J URISDICTIONS IN THE EXERCISE OF LOCAL LI MITS 2
AUTHORITY UNDER THE FEDERAL CLEAN WATER ACT. 3

(4) A LOCAL JURISDICTION O R A PRETREATMENT AUT HORITY MAY 4
SET APPROPRIATE RATES AND FEES FOR INDUSTRIAL USERS, INDIVIDUALLY OR AS 5
A CLASS , THAT ARE DETERMINED TO DISCHARGE PER – AND POLYFLUOROALKYL 6
SUBSTANCES INTO THE WASTEWATER TREATMENT SYSTEM AT LEVELS THA T 7
NECESSITATE THE IMPLEMENTATION OF MITIGATION MEASURES. 8

(5) THIS SECTION MAY NOT BE INTERPRETED TO LI MIT THE 9
AUTHORITY OF A LOCAL JURISDICTION OR A PR ETREATMENT AUTHORITY TO SET 10
LOCAL LIMITS THAT LE AD TO REDUCTIONS OF PER– AND POLYFLUOROALKYL 11
SUBSTANCES THAT EXCEED THE REDUCTIONS REQUIRED UNDER THIS SECTION. 12

(I) ALL SEWAGE SLUDGE GEN ERATORS ARE ENCOURAG ED TO IDENTIFY 13
POTENTIAL SOURCES OF PFOA AND PFOS LOADING TO THEIR WAS TEWATER 14
TREATMENT SYSTEMS AND TO TAKE STEPS TO REDUCE THE TOTAL CONCENTRATION 15
OF REGULATED PFAS IN THE SEWAGE SLUDGE PRODUCED BY THOSE SYSTEMS. 16

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.