Biosolids/PFAS chemicals

AN ACT Relating to sampling or testing of biosolids for PFAS 1
chemicals; amending RCW 70A.226.005, 70A.226.007, 70A.226.010, 2
70A.226.020, and 70A.226.030; and adding new sections to chapter 3
70A.226 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 70A.226.005 and 1992 c 174 s 1 are each amended to 6
read as follows: 7
(1) The legislature finds that: 8
(a) Municipal sewage sludge is an unavoidable by-product of the 9
wastewater treatment process; 10
(b) Population ((increases)) growth and technological 11
improvements in wastewater treatment processes will ((double the 12
amount of sludge generated within the next ten years )) increase the 13
production of biosolids in the future; 14
(c) Sludge management is often a financial burden to 15
municipalities and to ratepayers; 16
(d) Properly managed municipal sewage sludge is a valuable 17
commodity and can be beneficially used in agriculture, silviculture, 18
and in landscapes as a soil conditioner; and 19
(e) Municipal sewage sludge can contain metals and microorganisms 20
that, under certain circumstances, may pose a risk to public health.21
S-0014.3
SENATE BILL 5033
State of Washington 69th Legislature 2025 Regular Session
By Senators J. Wilson, Lovelett, Bateman, Chapman, Dhingra, Dozier,
Krishnadasan, Nobles, Saldaña, Trudeau, and Wellman
Prefiled 12/13/24. Read first time 01/13/25. Referred to Committee
on Local Government.
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(2) The legislature declares that a program shall be established 1
to manage municipal sewage sludge and that the program shall, to the 2
maximum extent possible, ensure that municipal sewage sludge is 3
reused as a beneficial commodity and is managed in a manner that 4
minimizes risk to public health and the environment.5
Sec. 2. RCW 70A.226.007 and 1992 c 174 s 2 are each amended to 6
read as follows: 7
The purpose of this chapter is to provide the department ((of 8
ecology)) and local governments with the authority and direction to 9
meet federal regulatory requirements for municipal sewage sludge. The 10
department ((of ecology )) may seek delegation and administer the 11
sludge permit program required by the federal clean water act as it 12
existed ((February 4, 1987)) on the effective date of this section.13
Sec. 3. RCW 70A.226.010 and 2020 c 20 s 1239 are each amended to 14
read as follows: 15
((Unless the context clearly requires otherwise, the )) The 16
definitions in this section apply throughout this chapter unless the 17
context clearly requires otherwise. 18
(1) "Biosolids" means municipal sewage sludge that is a primarily 19
organic, semisolid product resulting from the wastewater treatment 20
process, that can be beneficially recycled and meets all requirements 21
under this chapter. For the purposes of this chapter, "biosolids" 22
includes septic tank sludge, also known as septage, that can be 23
beneficially recycled and meets all requirements under this chapter.24
(2) "Department" means the department of ecology.25
(3) "Local health department" has the same meaning as 26
"jurisdictional health department" in RCW 70A.205.015.27
(4) "Municipal sewage sludge" means a semisolid substance 28
consisting of settled sewage solids combined with varying amounts of 29
water and dissolved materials generated from a publicly owned 30
wastewater treatment plant. 31
(5) "PFAS chemicals" has the same meaning as defined in RCW 32
70A.350.010.33
Sec. 4. RCW 70A.226.020 and 1992 c 174 s 4 are each amended to 34
read as follows: 35
(1) The department shall adopt rules to implement a biosolid 36
management program within ((twelve)) 12 months of the adoption of 37
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federal rules, 40 C.F.R. ((Sec.)) Part 503, relating to technical 1
standards for the use and disposal of sewage sludge. The biosolid 2
management program shall, at a minimum, conform with all applicable 3
federal rules adopted pursuant to the federal clean water act as it 4
existed on ((February 4, 1987)) the effective date of this section.5
(2) In addition to any federal requirements, the state biosolid 6
management program may include, but not be limited to, an education 7
program to provide relevant legal and scientific information to local 8
governments and citizen groups. 9
(3) Rules adopted by the department under this section shall 10
provide for public input and involvement for all state and local 11
permits. 12
(4) Materials that have received a permit as a biosolid shall be 13
regulated pursuant to this chapter. 14
(5) The transportation of biosolids and municipal sewage sludge 15
shall be governed by Title 81 RCW. Certificates issued by the 16
utilities and transportation commission before June 11, 1992, that 17
include or authorize transportation of municipal sewage sludge shall 18
continue in force and effect and be interpreted to include biosolids.19
(6)(a) By July 1, 2027, the department must establish PFAS 20
chemical sampling or testing requirements for biosolids regulated 21
under this chapter.22
(b) By July 1, 2028, the department must complete an analysis of 23
the levels of PFAS chemicals in biosolids produced in Washington 24
state.25
(c) By December 1, 2028, the department must submit a report to 26
the appropriate committees of the legislature and the public with a 27
summary of the analysis required under (b) of this subsection and 28
recommendations on how to proceed based on the analysis.29
(d) In developing the sampling or testing requirements under (a) 30
of this subsection, and the recommendations under (c) of this 31
subsection, the department must consult with the advisory committee 32
created in section 6 of this act.33
(e) For the purposes of this subsection, "biosolids" do not 34
include septic tank sludge, also known as septage.35
Sec. 5. RCW 70A.226.030 and 2014 c 76 s 7 are each amended to 36
read as follows: 37
(1) The department shall establish annual fees to collect 38
expenses for issuing and administering biosolids permits under this 39
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chapter. An initial fee schedule shall be established by rule and 1
shall be adjusted no more often than once every two years. This fee 2
schedule applies to all permits, regardless of date of issuance, and 3
fees shall be assessed prospectively. Fees shall be established in 4
amounts to recover expenses incurred by the department in processing 5
permit applications and modifications, reviewing related plans and 6
documents, monitoring, evaluating, conducting inspections, overseeing 7
performance of delegated program elements, sampling or testing, and 8
providing technical assistance and supporting overhead expenses that 9
are directly related to these activities. 10
(2) The annual fee paid by a permittee for any permit issued 11
under this chapter shall be determined by the number of residences or 12
residential equivalents contributing to the permittee's biosolids 13
management system. If residences or residential equivalents cannot be 14
determined or reasonably estimated, fees shall be based on other 15
appropriate criteria. 16
(3) The biosolids permit account is created in the state 17
treasury. All receipts from fees under this section must be deposited 18
into the account. Moneys in the account may be spent only after 19
appropriation. Expenditures from the account may be used only for the 20
purposes of administering permits under this chapter.21
(4) The department shall make available on the department's 22
website information on fees collected, actual expenses incurred, and 23
anticipated expenses for the current and following fiscal years.24
(5) The department shall work with the regulated community and 25
local health departments to study the feasibility of modifying the 26
fee schedule to support delegated local health departments and reduce 27
local health department fees paid by biosolids permittees.28
NEW SECTION. Sec. 6. A new section is added to chapter 70A.226 29
RCW to read as follows: 30
(1) Before adopting or amending any rules relating to sampling or 31
testing biosolids for PFAS chemicals, the department must consult 32
with an advisory committee of representatives from the farming 33
community, toxicologists, utilities that produce soil amendments, 34
experts, interested parties, and other similar stakeholders, convened 35
by the department. The purpose of consultation required under this 36
section is to ensure that the department is soliciting and receiving 37
sufficient input on requirements and standards for sampling or 38
testing biosolids for PFAS chemicals. 39
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(2) For the purposes of this section, "biosolids" do not include 1
septic tank sludge, also known as septage. 2
NEW SECTION. Sec. 7. A new section is added to chapter 70A.226 3
RCW to read as follows: 4
Nothing in this act affects requirements imposed on a discharger 5
by a national pollutant discharge elimination system permit or 6
restricts a local government from addressing the contamination of 7
biosolids by PFAS chemicals. 8
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