S T A T E O F N E W Y O R K
________________________________________________________________________
8317
2023-2024 Regular Sessions
I N A S S E M B L Y
November 27, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale or land application of biosolids from wastewater
treatment facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 27-0701 of the environmental conservation law is
amended by adding two new subdivisions 5 and 6 to read as follows:
5. "BIOSOLIDS" MEANS THE RESIDUAL SOLIDS OR SLUDGE GENERATED DURING
THE TREATMENT OF WASTEWATER AT A SOLID WASTE MANAGEMENT FACILITY OR
WASTEWATER TREATMENT FACILITY.
6. "WASTEWATER TREATMENT FACILITY" MEANS ANY FACILITY THAT TREATS
WASTEWATER, INCLUDING BUT NOT LIMITED TO MUNICIPAL SEWAGE TREATMENT
PLANTS, INDUSTRIAL WASTEWATER TREATMENT PLANTS, AND SEPTAGE TREATMENT
FACILITIES.
§ 2. Section 27-0703 of the environmental conservation law is amended
by adding two new subdivisions 7 and 8 to read as follows:
7. THE DEPARTMENT SHALL PROHIBIT ANY PERSON FROM SELLING, OFFERING FOR
SALE, APPLYING, OR OFFERING TO APPLY BIOSOLIDS, OR COMPOST DERIVED FROM
BIOSOLIDS, FROM A WASTEWATER TREATMENT FACILITY FOR THE PURPOSES OF THE
APPLICATION TO AGRICULTURAL, RESIDENTIAL, OR COMMERCIAL LANDS EXCEPT AS
PROVIDED FOR IN SUBDIVISION EIGHT OF THIS SECTION.
8. THE SELLING, OFFERING FOR SALE, APPLYING, OR OFFERING TO APPLY
BIOSOLIDS, OR COMPOST DERIVED FROM BIOSOLIDS, FROM A WASTEWATER TREAT-
MENT FACILITY FOR THE PURPOSES OF THE APPLICATION TO AGRICULTURAL, RESI-
DENTIAL, OR COMMERCIAL LANDS SHALL ONLY BE ALLOWED IF THE BIOSOLID IS
TREATED AND TESTED TO NOT EXCEED THE MAXIMUM CONTAMINANT LEVELS ESTAB-
LISHED PURSUANT TO SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH
LAW.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13307-03-3