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.
Italics indicate opposite chamber/conference committee amendments.
*sb0719*

SENATE BILL 719
M3 (6lr2034)
ENROLLED BILL
— Education, Energy, and the Environment/Environment and Transportation and
Health —
Introduced by Senators Love and Hester

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _______________ at ________________________ o’clock, ________M.

______________________________________________
President.

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; establis hing monitoring 8
protocols for certain per– and polyfluoroalkyl substances in certain sewage sludge or 9
products containing sewage sludge ; authorizing the establishment of pretreatment 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
2 SENATE BILL 719

actions with respect to certain per – and polyfluoroalkyl substances; and generally 1
relating to per– and polyfluoroalkyl substances and sewage sludge. 2

BY repealing and reenacting, without amendments, 3
Article – Environment 4
Section 9–201(a), (l), and (m) and 9–230 5
Annotated Code of Maryland 6
(2014 Replacement Volume and 2025 Supplement) 7

BY repealing and reenacting, with amendments, 8
Article – Environment 9
Section 9–201(k) 10
Annotated Code of Maryland 11
(2014 Replacement Volume and 2025 Supplement) 12

BY adding to 13
Article – Environment 14
Section 9–250 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2025 Supplement) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – Environment 20

9–201. 21

(a) In this subtitle the following words have the meanings indicated. 22

(k) “Sewage” means[: 23

(1) Any human or animal excretion or water–carried domestic waste; or 24

(2) A mixture of industrial waste and any of the things in item (1) of this 25
subsection] THE WATER–CARRIED DOMESTIC WASTE FROM RESIDENCES, BUILDINGS, 26
INDUSTRIAL ESTABLISHMENTS, OR OTHER PLACES. 27

(l) “Sewage sludge” means any thickened liquid, suspension, settled solid, or 28
dried residue that a sewage treatment plant extracts from sewage. 29

(m) (1) “Sewage sludge generator” means a person who owns or operates a 30
facility that receives and processes sewage in this State or produces sewage sludge to be 31
utilized in this State. 32

(2) “Sewage sludge generator” includes: 33
SENATE BILL 719 3

(i) The Washington Suburban Sanitary Commission; and 1

(ii) The Maryland Environmental Service. 2

(3) “Sewage sludge generator” does not include the owner or operator of a 3
septic system. 4

9–230. 5

(a) (1) The Department of the Environment shall adopt regulations to carry 6
out this Part III of this subtitle. 7

(2) The Department of the Environment may not adopt a regulation or part 8
of a regulation that deals with the land application of sewage sludge without the approval 9
of the Department of Agriculture. 10

(b) In adopting regul ations under this Part III and §§ 9 –269 and 9 –270 of this 11
subtitle, the Department of the Environment shall consider: 12

(1) Alternative utilization methods; 13

(2) Pathogen control; 14

(3) Advertising requirements for public hearings and public informatio n 15
meetings; 16

(4) Performance bonds, liability insurance, or other forms of security; 17

(5) Procedures for notifying units of local government and other interested 18
parties; and 19

(6) Adequate standards for transporting sewage sludge, including 20
requirements for enclosing or covering sewage sludge during transportation. 21

(c) In addition to the considerations under subsection (b) of this section, in 22
adopting regulations for the land application of sewage sludge, the Department of the 23
Environment shall consider: 24

(1) Methods for calculating loading rates that: 25

(i) Will assure nondegradation of the groundwater supply; and 26

(ii) For agricultural land, shall be limited by the nutrient 27
requirements of crop or cover vegetation, as recommended by the Department of 28
Agriculture; 29

4 SENATE BILL 719

(2) The crops that are to be grown on land on which sewage sludge may be 1
applied; 2

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

(4) The character of any affected area; 4

(5) The character of nearby existing or planned land uses and transport 5
routes; 6

(6) The nearness of the land on which sewage sludge may be applied to 7
sensitive areas, including flood plains, wetlands, and areas of critical concern; 8

(7) The definitions of: 9

(i) Sewage sludge that is unsuitable for application to agricultural 10
land; 11

(ii) Agricultural land; 12

(iii) Marginal land; and 13

(iv) Compost; 14

(8) Acceptable cumulative loading rates, including rates for nitrogen and 15
heavy metals; 16

(9) Special requirements of land used for producing tobacco; and 17

(10) Reasonable buffer areas to separate any home or other property from 18
land on which sewage sludge may be applied. 19

(d) (1) The Department shall adopt regulations to establish a mechanism for 20
determining annual generator’s fees. 21

(2) The regulations shall provide for public input into the development of 22
fee schedules. 23

(3) The fee schedules shall take into account: 24

(i) The volume of sewage sludge generated by a sewage sludge 25
generator; 26

(ii) The method by which the sewage sludge is utilized; 27

(iii) The anticipated costs of monitoring and regulating sewage 28
sludge utilization sites; 29
SENATE BILL 719 5

(iv) The anticipated needs of the State’s sewage sludge regulation 1
program; and 2

(v) The potential hazard of the sewage sludge generator’s activities 3
to public health, safety, or welfare or to the environment. 4

9–250. 5

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7

(2) “COMMINGLE” MEANS TO MIX TREATED SEWAGE SLUDGE WITH 8
OTHER MATERIALS FOR THE PURPOS E OF REDUCING THE CO NCENTRATION OF 9
REGULATED PFAS. 10

(2) (3) “CONCENTRATION OF REGU LATED PFAS” MEANS THE 11
TOTAL CONCENTRATION , AS MEASURED IN ACCOR DANCE WITH MONITORIN G 12
PROTOCOLS ESTABLISHE D UNDER SUBSECTION (G) OF THIS SECTION , OF THE 13
FOLLOWING PER– AND POLYFLUOROALKYL SUBSTANCES: 14

(I) PFOA; 15

(II) PFOS; OR 16

(III) A MIXTURE OF PFOA AND PFOS. 17

(3) (4) “PFOS” MEANS PERFLUOROOCTANE SULFONIC ACID. 18

(4) (5) “PFOA” MEANS PERFLUOROOCTANOIC ACID. 19

(B) THIS SECTION APPLIES ONLY TO THE LAND APPLICATION OF ALL 20
SEWAGE SLUDGE AND PRODUCTS CONTAIN ING SEWAGE SLUDGE TH AT ARE 21
INTENDED FOR LAND APPLICATION IN THE STATE. 22

(C) ON OR AFTER OCTOBER 1, 2027 2028: 23

(1) A PERSON MAY NOT APPLY SEWAGE SLUDGE OR A PRODUCT 24
CONTAINING SEWAGE SL UDGE TO AGRICULTURAL OR M ARGINAL LAND IF THE 25
SEWAGE SLUDGE OR PRODUCT CONTAININ G SEWAGE SLUDGE HAS A TOTAL 26
CONCENTRATION OF REG ULATED PFAS EQUAL TO OR GREATER THAN 50 PARTS 27
PER BILLION; AND 28

6 SENATE BILL 719

(2) IF SEWAGE SLUDGE OR A PRODUCT CONTAINING SEWAGE SLUDGE 1
HAS A TOTAL CONCENTR ATION OF R EGULATED PFAS THAT IS EQUAL TO OR 2
GREATER THAN 25 PARTS PER BILLION BU T LESS THAN 50 PARTS PER BILLION, A 3
PERSON MAY APPLY THE SEWAGE SLUDGE OR PRODUCT CONTAININ G SEWAGE 4
SLUDGE TO AGRICULTURAL OR M ARGINAL LAND ONLY IN ACCORDANCE WITH 5
SUBSECTIONS (E) AND (F) OF THIS SECTION. 6

(D) (1) ON OR BEFORE SEPTEMBER 30, 2029, AFTER OCTOBER 1, 2028, 7
IF A SEWAGE SLUDGE G ENERATOR DETERMINES , THROUGH MONITORING 8
PROTOCOLS ESTABLISHE D UNDER SUBSECTION (G) OF THIS SECTION , THAT ITS 9
SEWAGE SLUDGE HAS A TOTAL CONCENTRATION OF REGULATED PFAS THAT IS 10
EQUAL TO OR GREATER THAN 25 PARTS PER BILLION BUT LESS THAN 50 PARTS PER 11
BILLION, SUBJECT TO THE REQUI REMENTS OF THIS SUBS ECTION AND IN 12
ACCORDANCE WITH DEPARTMENT REGULATIONS: 13

(I) A PERSON MAY BLEND SEW AGE SLUDGE FROM MULT IPLE 14
SOURCES FOR A PERIOD OF NOT M ORE THAN 2 YEARS FOLLOWING THE DATE THE 15
DETERMINATION IS MADE, THE SEWAGE SLUDGE MAY BE COMMINGLED TO REDUCE 16
THE TOTAL CONCENTRAT ION OF REGULATED PFAS IN THE FINAL MATERIA L TO 17
LEVELS BELOW 25 PARTS PER BILLION; AND 18

(II) SEWAGE SLUDGE OR A PRODUCT CONTAIN ING SEWAGE 19
SLUDGE BLENDED COMMINGLED IN ACCORDANCE WITH I TEM (I) OF THIS 20
PARAGRAPH MAY NOT BE SUBJECT TO THE TEMPO RARY ALTERNATIVE 21
MANAGEMENT MEASURES SPECIFIED IN SUBSECTION (E) OF THIS SECTION. 22

(2) (I) A PERSON THAT BLENDS OR OTHERWISE COMMINGLES 23
SEWAGE SLUDGE FOR TH E PURPOSE OF LAND AP PLICATION SHALL MONI TOR FOR 24
THE PRESENCE OF PFOS AND PFOA AT LEAST ONCE PER MO NTH, USING A 25
REPRESENTATIVE SAMPL E, IN ACCORDANCE WITH P ROTOCOLS ESTABLISHED 26
UNDER SUBSECTION (G) OF THIS SECTION. 27

(II) IF THE TOTAL CONCENTR ATION OF REGULATED PFAS IN 28
THE BLENDED COMMINGLED PRODUCT IS EQUAL TO OR GREATER THAN 25 PARTS 29
PER BILLION, THE PERSON: 30

1. SHALL IMMEDIATELY NOT IFY THE DEPARTMENT; 31
AND 32

2. MAY NOT APPLY THE BLENDED COMMINGLED 33
PRODUCT TO LAND UNTI L THE PERSON DEMONST RATES, THROUGH ADDITIONAL 34
MONITORING, THAT THE TOTAL CONCE NTRATION OF REGULATE D PFAS IN THE 35
SENATE BILL 719 7

BLENDED COMMINGLED PRODUCT HAS BEEN REDUCED TO LEVELS BELOW 25 PARTS 1
PER BILLION. 2

(E) (1) THIS SUBSECTION APPLIES ONLY TO THE LAND APPLICATION ON 3
OR AFTER OCTOBER 1, 2028, OF SEWAGE SLUDGE OR PRODUCTS CONTAINI NG 4
SEWAGE SLUDGE THAT HAVE HAS A TOTAL CONCENTRATION OF REGULATED PFAS 5
THAT IS EQUAL TO OR GREATER THAN 25 PARTS PER BILLION BU T LESS THAN 50 6
PARTS PER BILLION. 7

(2) FOR A PERIOD OF NOT MORE THAN 12 MONTHS, AND PENDING THE 8
DEVELOPMENT AND APPROVAL OF A MITIGATION PLAN DURING THE DEVELOPMENT 9
AND IMPLEMENTATION O F THE SOURCE TRACKIN G STUDY AND MITIGATI ON PLAN 10
REQUIRED UNDER SUBSECTION (F) OF THIS SECTION, A PERSON MAY APPLY SEWAGE 11
SLUDGE AND OTHER PRODUCTS DESCRIBED UNDER PARA GRAPH (1) OF THIS 12
SUBSECTION TO LAND: 13

(I) AT A RATE THAT DOES N OT EXCEED 3 DRY METRIC TONS 14
PER HECTARE ACRE; AND 15

(II) SUBJECT TO: 16

1. THE SAME SETBACK REQU IREMENTS ESTABLISHED 17
IN REGULATION FOR CLASS B BIOSOLIDS; AND 18

2. ADDITIONAL SETBACKS F OR LAND APPLICATION 19
NEAR PUBLIC AND PRIV ATE WATER SUPPLY WEL LS DEVELOPED BY THE 20
DEPARTMENT AFTER CONSULTATION WITH ADJACENT LANDOWNERS AND COUNTY 21
AND MUNICIPAL OFFICIALS FROM EACH LOCAL JURISDICTION LOCATED WITHIN 1 22
MILE OF THE PROPERTY BOUNDARY.; AND 23

3. PARAGRAPH (3) OF THIS SUBSECTION. 24

(3) AT LEAST 14 DAYS BEFORE LAND APP LYING SEWAGE SLUDGE 25
DESCRIBED UNDER PARA GRAPH (1) OF THIS SUBSECTION , THE LAND APPLIER 26
SHALL PROVIDE NOTICE OF THE CONCENTRATION OF REGULATED PFAS IN THE 27
SEWAGE SLUDGE TO: 28

(I) THE OWNER OR OPERATOR OF THE LAND ON WHICH THE 29
SEWAGE SLUDGE WILL BE APPLIED; 30

(II) THE OWNER OF EACH PAR CEL OF LAND ADJOININ G THE 31
LAND TO WHICH THE SEWAGE SLUDGE WILL BE APPLIED; AND 32

8 SENATE BILL 719

(III) THE LOCAL GOVERNMENT FOR EACH COUNTY AND 1
MUNICIPALITY IN WHIC H THE LAND TO WHICH THE SEWAGE SLUDGE WI LL BE 2
APPLIED IS LOCATED. 3

(F) (1) THIS SUBSECTION APPLI ES ONLY TO A SEWAGE SLUDGE 4
GENERATOR THAT PRODU CES SEWAGE SLUDGE TH AT IS INTENDED FOR LAND 5
APPLICATION. 6

(2) IF A SEWAGE SLUDGE GE NERATOR DETERMINES , THROUGH 7
MONITORING PROTOCOLS ESTABLISHED UNDER SUBSECTION (G) OF THIS SECTION, 8
THAT ITS SEWAGE SLUDGE HAS A TOTAL CONCENTRATION OF PFAS THAT IS EQUAL 9
TO OR GREATER THAN 25 PARTS PER BILLION , THE SEWAGE SLUDGE GE NERATOR 10
SHALL: 11

(I) COMPLETE A SOURCE TRA CKING STUDY IN ACCOR DANCE 12
WITH PARAGRAPH (3) OF THIS SUBSECTION; AND 13

(II) DEVELOP A MITIGATION PLAN IN ACCORDANCE W ITH 14
PARAGRAPH (4) OF THIS SUBSECTION. 15

(3) A SOURCE TRACKING STUD Y CON DUCTED UNDER THIS 16
SUBSECTION SHALL BE DESIGNED TO DETERMIN E THE CONTRIBUTIONS OF 17
SOURCES OF PFOS AND PFOA TO THE WASTEWATER TR EATMENT SYSTEM WITH 18
SUFFICIENT SPECIFICITY TO ALLOW THE SEWA GE SLUDGE GENERATOR AND THE 19
DEPARTMENT TO REDUCE OR PREVENT THE RELEASE OF PFOA AND PFOS FROM 20
CONTROLLABLE SOURCES IN ACCORDANCE WITH APPLICABLE LAW. 21

(4) (I) A MITIGATION PLAN DEVELOPED UNDER THIS SUBSECTION 22
SHALL: 23

1. BE DEVELOPED IN CONSU LTATION WITH THE 24
DEPARTMENT; 25

2. IDENTIFY SIGNIFICANT SOURCES OF PFOA AND 26
PFOS LOADING TO THE WASTEWATER TREATMENT SYSTEM; 27

3. INCLUDE ACTIONS THAT THE SEWAGE SLUDGE 28
GENERATOR CAN IMPLEM ENT, OR REQUIRE SOURCES O F PFOA AND PFOS 29
LOADING TO IMPLEMENT, TO REDUCE THE TOTAL CONCENTRATION OF REGULATED 30
PFAS TO LEVELS BELOW 25 PARTS PER BILLION; 31

SENATE BILL 719 9

4. TAKE INTO CONSIDERATION INNOVATIVE SOLUTIONS 1
AND LONG–TERM MITIGATION APPROACHES, CONSISTENT WITH APPLICABLE LAWS, 2
REGULATIONS, AND OTHER REQUIREMENTS; AND 3

5. INCLUDE A REASONABLE TIMELINE, NOT TO EXCEED 4
2 YEARS 5 YEARS FROM THE DATE A DETERMINATION IS MADE UNDER PARAGRAPH 5
(2) OF THIS SUBSECTION, FOR IMPLEMENTING THE MITIGATION PLAN. 6

(II) THE ELEMENTS AND STRA TEGIES IDENTIFIED IN A 7
MITIGATION PLAN DEVELOPED UNDER THIS SUBSECTION MAY INCLUDE: 8

1. THE EXERCISE OF PRETR EATMENT CONTROL 9
AUTHORITIES IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION TO REDUCE 10
LOADING FROM INDUSTRIAL USERS; 11

2. THE INSTALLATION OF T REATMENT SOLUTIONS A T 12
POINTS OF ENTRY OR C ONCENTRATION IN THE SANITARY SEWER SYSTE MS THAT 13
CONTAIN SIGNIFICANT LEVELS OF PFOS OR PFOA; OR 14

3. THE INSTALLATION OF S YSTEM–SCALE TREATMENT 15
SOLUTIONS TO REDUCE THE TOTAL CONCENTRAT ION OF REGULATED PFAS TO 16
LEVELS BELOW 25 PARTS PER BILLION. 17

(III) IF, DURING THE MONITORIN G PERIOD FOR WHICH T HE 18
TOTAL CONCENTRATION OF PFAS WAS DETERMINED TO BE EQUAL TO OR GREATER 19
THAN 25 PARTS PER BILLION, THE INDIVIDUAL SAMPLES WERE WITHIN THE MARGIN 20
OF ERROR OR DETECTION LIMIT FOR THE LABORATORY PERFORMING THE SAMPLE 21
ANALYSIS, THE MITIGATION PLAN SHALL INCLUDE ADDITI ONAL TESTING 22
REQUIREMENTS AND TIM ELINES DEVELOPED IN CONSULTATION WITH TH E 23
DEPARTMENT. 24

(5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 25
PARAGRAPH, A SEWAGE SLUDGE GENE RATOR SHALL SUBMIT A MITIGATION PLAN 26
REQUIRED UNDER THIS SUBSECTION TO THE DEPARTMENT WITHIN 6 MONTHS 27
AFTER COMPLETION OF THE SOURCE TRACKING STUDY REQUIRED UNDER THIS 28
SUBSECTION. 29

(II) A SEWAGE SLUDGE GENERA TOR MAY R EQUEST AND THE 30
DEPARTMENT MAY GRANT A SINGLE EXTENSION O N THE DEVELOPMENT AN D 31
SUBMISSION OF A MITIGATION PLAN UNDER THIS SUBSECTION BASED ON: 32

1. EXIGENT CIRCUMSTANCES; OR 33

10 SENATE BILL 719

2. CONSIDERATIONS RELATED TO THE INVESTIGATI ON 1
AND DESIGN OF MANAGEMENT APPROACHES OR TREATMENT OPTIONS. 2

(6) (I) THE DEPARTMENT SHALL REVIEW EACH MITIGATION PLAN 3
SUBMITTED UNDER THIS SUBSECTION AND MAY A PPROVE, DENY, OR SUGGEST 4
CHANGES TO THE MITIGATION PLAN. 5

(II) IN REVIEWING A MITIGATION PLAN SUBMITTED UNDER THIS 6
SUBSECTION, THE DEPARTMENT SHALL CONS IDER THE COST OF IMP LEMENTING 7
MITIGATION OPTIONS. 8

(7) A SEWAGE SLUDGE GENERATOR: 9

(I) SHALL COMPLY WITH THE PROVISIONS OF AN APP ROVED 10
MITIGATION PLAN; AND 11

(II) MAY NOT APPLY SEWAGE SLUDGE OR A PRODUCT 12
CONTAINING SEWA GE SLUDGE TO LAND IF THE DEPARTMENT HAS DETERM INED 13
THAT THE GENERATOR I S OUT OF COMPLIANCE WITH THE PROVISIONS OF AN 14
APPROVED MITIGATION PLAN. 15

(8) THE DEPARTMENT SHALL PROV IDE A SEWAGE SLUDGE 16
GENERATOR WITH REASONABLE TECHNICAL ASSISTANCE IN THE DEVELOPMENT OF 17
A SOURCE TRACKING STUDY AND MITIGATION PLAN UNDER THIS SUBSECTION. 18

(G) (1) (I) FOR EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 19
SUBSECTION, FOR THE PURPOSE OF ASSES SING COMPLIANCE WITH THE 20
REQUIREMENTS OF THIS SECTION, THE TOTAL CONCENTRAT ION OF REGULATED 21
PFAS IN SEWAGE SLUDGE OR A PRODUCT CONTAINING SEWAGE SLUDGE SHALL BE 22
DETERMINED BY TAKING THE AVERAGE OF SAMPLES TAKEN IN ACCORDANCE WITH 23
THIS SUBSECTION OVER THE IMMEDIATELY PRECEDING 12 MONTHS. 24

(2) (II) EACH SAMPLE SHALL BE TAKEN: 25

(I) 1. DURING NORMAL OPERATI NG CONDITIONS , AS 26
SPECIFIED IN DEPARTMENT REGULATIONS; 27

(II) AT THE POINT WHERE SE WAGE SLUDGE LEAVES T HE 28
WASTEWATER TREATMENT FACILITY; AND 29

(III) 2. AT A FREQUENCY SPECIFIED BY THE DEPARTMENT IN 30
REGULATION, BUT NOT LESS THAN QUARTERLY. 31

SENATE BILL 719 11

(2) ON OR BEFORE OCTOBER 1, 2027 FOR A PERIOD OF NOT M ORE 1
THAN 12 MONTHS FOLLOWING THE DATE THAT COMMINGLING OPERATIONS BEGIN, 2
A COMMINGLING OPERAT ION MAY USE A MASS B ALANCE CALCULATION T O 3
DETERMINE THE CONCEN TRATION OF REGULATED PFAS IN THE COMMINGLED 4
PRODUCT. 5

(3) (I) SAMPLES SHALL BE ANAL YZED USING A METHOD 6
APPROVED BY THE DEPARTMENT AND CONDUCTED BY A LABORATORY CERTIFIED 7
TO PERFORM THE METHO D AND SUBJECT TO A L ABORATORY LEVEL OF 8
QUANTITATION FOR BIOSOLIDS ANALYSIS NOT TO EXCEED 2 PARTS PER BILLION: 9

1. USING THE U.S. ENVIRONMENTAL PROTECTION 10
AGENCY’S METHOD 1633A OR AN EQUIVALENT M ETHOD APPROVED BY TH E 11
DEPARTMENT; 12

2. AT A CERTIFIED OR ACCREDITED LABORATORY; AND 13

3. SUBJECT TO A REPORTIN G LEVEL ESTABLISHED BY 14
THE DEPARTMENT. 15

(II) THE DEPARTMENT SHALL ASSI ST SEWAGE SLUDGE 16
GENERATORS IN IDENTI FYING QUALIFIED LABO RATORIES UNDER THIS 17
PARAGRAPH. 18

(4) THE DEPARTMENT MAY ESTABLISH ADDITIONAL MONITORIN G 19
REQUIREMENTS FOR MAT ERIALS BLENDED COMMINGLED IN ACCORDANCE WITH 20
SUBSECTION (D) OF THIS SECTION. 21

(H) (1) IN ACCORDANCE WITH TH E FEDERAL CLEAN WATER ACT, THE 22
DEPARTMENT AND PRETREATMENT AUTHORITIES MAY ESTABLISH PRETREATMENT 23
STANDARDS FOR INDUST RIAL USERS THAT DISC HARGE PER – AND 24
POLYFLUOROALKYL SUBS TANCES AT LEVELS THA T EXCEED ACTION LEVE LS 25
ESTABLISHED BY THE DEPARTMENT OR THE PRE TREATMENT AUTHORITY UNDER 26
AN INDUSTRIAL PRETREATMENT PROGRAM. 27

(2) IF A PUBLICLY OWNED T REATMENT WORKS DOES NOT HAVE AN 28
INDUSTRIAL PRETREATM ENT PROGRAM , AND IT IS DETERMINED THAT SEWAGE 29
SLUDGE PRODUCED FOR LAND APPLICATION BY THE PUBLICLY OWNED TREATMENT 30
WORKS HAS A TOTAL CO NCENTRATION OF REGUL ATED PFAS EQUAL TO OR 31
GREATER THAN 25 PARTS PER BILLION , THE DEPARTMENT SHALL , IN 32
CONSULTATION WITH TH E PUBLICLY OWNED TRE ATMENT WORKS , DEVELOP 33
DISCHARGE PERMITS FO R INDUSTRIAL USERS I N A MANNER CALCULATED TO 34
ESTABLISH LOCAL LIMI TS FOR PER – AND POLYFLUOROALKYL SUBSTANCES 35
12 SENATE BILL 719

CONSISTENT WITH EXIS TING AUTHORITIES UND ER THE FEDERAL CLEAN WATER 1
ACT EVALUATE THE CONTRIB UTION FROM INDUSTRIA L USERS AND DETERMIN E 2
APPROPRIATE CONTROLS TO MEET APPLICABLE STANDARDS. 3

(3) THE DEPARTMENT SHALL: 4

(I) ISSUE GUIDANCE TO SUP PORT PUBLICLY OWNED 5
TREATMENT WORKS IN THE IMPLEMENTATION OF THIS SUBSECTION; AND 6

(II) PROVIDE REASONABLE TE CHNICAL ASSISTANCE A S 7
REQUESTED BY LOCAL J URISDICTIONS IN THE EXERCISE OF LOCAL LIMITS 8
AUTHORITY UNDER THE FEDERAL CLEAN WATER ACT. 9

(4) A LOCAL JURISDICTION O R A PRETREATMENT AUT HORITY MAY 10
SET APPROPRIATE RATES AND FEES FOR INDUSTRIAL USERS, INDIVIDUALLY OR AS 11
A CLASS , THAT ARE DETERMINED TO DISCHARGE PER – AND POLYFLUOROALKYL 12
SUBSTANCES INTO THE WASTE WATER TREATMENT SYST EM AT LEVELS THAT 13
NECESSITATE THE IMPLEMENTATION OF MITIGATION MEASURES. 14

(5) THIS SECTION MAY NOT BE INTERPRETED TO LI MIT THE 15
AUTHORITY OF A LOCAL JURISDICTION OR A PR ETREATMENT AUTHORITY TO SET 16
LOCAL LIMITS THAT LEAD TO REDUCTIONS O F PER – AND POLYFLUOROALKYL 17
SUBSTANCES THAT EXCEED THE REDUCTIONS REQUIRED UNDER THIS SECTION. 18

(I) ALL SEWAGE SLUDGE GEN ERATORS ARE ENCOURAG ED TO IDENTIFY 19
POTENTIAL SOURCES OF PFOA AND PFOS LOADING TO THEIR WAS TEWATER 20
TREATMENT SYSTEMS AND TO TAKE STEPS TO REDUCE THE TOTAL CONCENTRATION 21
OF REGULATED PFAS IN THE SEWAGE SLUDGE PRODUCED BY THOSE SYSTEMS. 22

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24

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