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To: Environment Prot, Cons
and Water Res
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Frazier
SENATE BILL NO. 2022
AN ACT TO ENACT THE "MISSISSIPPI ACT TO PROHIBIT THE 1
CONTAMINATION OF CLEAN SOILS WITH SO-CALLED FOREVER CHEMICALS"; TO 2
DEFINE RELEVANT TERMS; TO ALLOW THE MISSISSIPPI AIR AND WATER 3
POLLUTION CONTROL COMMISSION TO REQUIRE INDIVIDUALS LICENSED TO 4
DISCHARGE WASTEWATER TO SAMPLE THE WASTEWATER AND REPORT THE 5
SAMPLE TO THE COMMISSION; TO PROHIBIT THE COMMISSION FROM ISSUING 6
NEW LICENSES TO APPLY OR SPREAD SEPTAGE; TO ALLOW THE COMMISSION 7
TO REVOKE LICENSES IF LEVELS OF PERFLUOROALKYL AND POLYFLUOROALKYL 8
EXCEED ACCEPTABLE AMOUNTS; TO ESTABLISH PARAMETERS FOR THE 9
APPLICATION OR SPREADING OF SLUDGE AND SEPTAGE; TO LIST EXCEPTIONS 10
TO THE PARAMETERS ESTABLISHED; TO REQUIRE THE MISSISSIPPI AIR AND 11
WATER POLLUTION CONTROL COMMISSION TO DEVELOP A PLAN FOR 12
PROHIBITING THE LAND APPLICATION OF SEPTAGE; AND FOR RELATED 13
PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. This act shall be known and may be cited as the 16
"Mississippi Act to Prohibit the Contamination of Clean Soils with 17
So-Called Forever Chemicals." 18
SECTION 2. For the purposes of this act, the following words 19
and phrases shall have the meanings ascribed to them in this 20
section: 21
(a) "Board" means the Permit Board as created in 22
Section 49-17-28. 23
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(b) "Commission" means the Mississippi Air and Water 24
Pollution Control Commission. 25
(c) "Perfluoroalkyl and polyfluoroalkyl substances" 26
means any member of the class of fluorinated organic chemicals 27
containing at least one (1) fully fluorinated carbon atom. 28
(d) "Septage" means waste, refuse, effluent, sludge and 29
any other materials from septic tanks, cesspools or any other 30
similar facilities. 31
(e) "Sludge-derived compost" means compost material 32
that included sludge in its production. 33
SECTION 3. (1) The Mississippi Air and Water Pollution 34
Control Commission and the Permit Board may not license the land 35
application or distribution of sludge or sludge-derived compost 36
unless: 37
(a) The sludge or sludge-derived compost is tested for 38
all perfluoroalkyl and polyfluoroalkyl substances that may 39
reasonably be quantified by the State Chemical Laboratory created 40
in Title 57, Chapter 21, Mississippi Code of 1972; and 41
(b) The screening level of a perfluoroalkyl and 42
polyfluoroalkyl substances that is in the sludge or sludge-derived 43
compost and for which the commission has established by rule a 44
screening level for beneficial use does not exceed the screening 45
level for beneficial use established by the commission. 46
(2) The commission shall adopt rules to implement this 47
subsection that include, but are not limited to, a requirement 48
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that sludge and sludge-derived compost intended for land 49
application or distribution be tested at least annually. 50
SECTION 4. Notwithstanding any other provision of law to the 51
contrary, the commission by written notification may require a 52
person licensed by the commission to discharge wastewater to 53
groundwater or any waters of this state to sample the effluent 54
discharged for perfluoroalkyl and polyfluoroalkyl substances and 55
to report the sample data to the commission. Upon receipt of the 56
written notification and as directed by the commission, the person 57
shall conduct the required sampling of the effluent for 58
perfluoroalkyl and polyfluoroalkyl substances and report the 59
sample to the commission. 60
SECTION 5. Notwithstanding any provision of law to the 61
contrary: 62
(a) The commission or board may not issue a new license 63
or permit authorizing a person to apply or spread septage at any 64
location in this state; and 65
(b) A person licensed or permitted by the commission or 66
board to apply or spread septage at one or more locations in this 67
state may not apply septage at a location authorized under that 68
license or permit if the department provides to the person a 69
written determination that, based on testing conducted at or in 70
close proximity to the location, the commission has determined 71
that the concentration of perfluoroalkyl and polyfluoroalkyl 72
substances in groundwater at that location or in drinking water 73
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sources in close proximity to that location exceeds the applicable 74
drinking water standard for perfluoroalkyl and polyfluoroalkyl 75
substances. 76
SECTION 6. (1) Notwithstanding any provision of law to the 77
contrary, except as provided in subsection (2) of this section, a 78
person may not: 79
(a) Apply to or spread on any land in this state: 80
(i) Sludge generated from a municipal, commercial 81
or industrial wastewater treatment plant; 82
(ii) Compost material that included in its 83
production sludge generated from a municipal, commercial or 84
industrial wastewater treatment plant or septage; or 85
(iii) Any other product or material that is 86
intended for use as a fertilizer, soil amendment, topsoil 87
replacement or mulch or for other similar agricultural purpose 88
that is derived from or contains sludge generated from a 89
municipal, commercial or industrial wastewater treatment plant or 90
septage; 91
(b) Sell or distribute in this state: 92
(i) Compost material that included in its 93
production sludge generated from a municipal, commercial or 94
industrial wastewater treatment plant or septage; or 95
(ii) Any other product or material that is 96
intended for use as a fertilizer, soil amendment, topsoil 97
replacement or mulch or for other similar agricultural purpose 98
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that is derived from or contains sludge generated from a 99
municipal, commercial or industrial wastewater treatment plant or 100
septage; or 101
(c) Sell, distribute or use in this state an 102
agricultural crop or other vegetative material for any 103
agricultural purpose, including, but not limited to, for use as 104
animal feed, if the agricultural crop or vegetative material was 105
grown at a location in this state where septage is licensed or 106
permitted to be applied or spread. 107
(2) The prohibitions in subsection (1) of this section do 108
not apply to: 109
(a) The disposal or placement at a solid waste landfill 110
of any of the materials that are prohibited from application, 111
spreading, sale, distribution or use by this subsection; 112
(b) The land application of or the sale or distribution 113
of compost material or other agricultural product or material 114
derived from or containing residuals generated as a result of the 115
processing or cultivation of food, food waste, crops or vegetative 116
material, the brewing of malt liquor, the fermenting of wine or 117
hard cider or the distilling of spirits, including, but not 118
limited to, blueberries, apples, grapes, potatoes, seaweed, fish 119
and seafood and spent grain or malt, provided that such residuals 120
are not mixed with sludge from a municipal, commercial or 121
industrial wastewater treatment plant, septage, sewage or sanitary 122
wastewater prior to or during land application or the production 123
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of the compost material or other agricultural product or material; 124
or 125
(c) The land application of or the sale or distribution 126
of compost material or other agricultural product or material 127
derived from or containing sludge resulting from the production of 128
precipitated calcium carbonate. 129
SECTION 7. The Mississippi Air and Water Pollution Control 130
Commission shall study methods of and develop a plan for 131
prohibiting the land application of septage in this state. The 132
plan must include, but is not limited to, identification of the 133
available capacity at wastewater treatment plants or other 134
treatment or disposal facilities in this state or regionally to 135
manage the septage that is currently land applied in this state, 136
determination of the capacity anticipated to be necessary to 137
manage that septage if land application is prohibited in this 138
state, development of recommendations for supporting and funding 139
the development of such additional management capacity if 140
necessary and development of recommendations concerning a 141
framework and appropriate time frame for prohibiting the land 142
application of septage in this state. 143
The commission shall submit the report to the legislature for 144
review and approval. 145
SECTION 8. Sections 1 through 7 of this act shall be 146
codified in Title 49, Chapter 17, Mississippi Code of 1972. 147
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ST: Environmental protection; prohibit
contamination of clean soil with "forever
chemicals."
SECTION 9. This act shall take effect and be in force from 148
and after July 1, 2026. 149