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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
biosolids; land application; immunity
Purpose
Requires the Director of the Arizona Department of Environmental Quality (ADEQ) to adopt rules for the application of biosolids to agricultural lands that are consistent with regulations from the U.S. Environmental Protection Agency (EPA) regarding standards for the use or disposal of sewage sludge. Requires the Arizona State Land Commissioner (Commissioner) to require an agricultural lessee of state lands to comply with outlined regulations, including rules and laws on the use of fertilizers, biosolids and soil amendments. Prohibits the Commissioner from prohibiting the use of fertilizers, biosolids or soil amendments as a condition of renewing the lease of state lands if ADEQ has not found that the lessee's use of state land is in violation of outlined statutory requirements.
Background
When domestic sewage is transported and conveyed to a wastewater treatment plant, it is treated to separate the liquids from the solids, which produces a semi-solid, nutrient-rich product known as sewage sludge. The EPA typically uses the term biosolids to mean sewage sludge that has been treated to meet the EPA's sewage sludge rules and regulations (EPA).
The Director of ADEQ (Director) must adopt rules to establish a sewage
sludge program with rules and requirements that are not more stringent than or
in conflict with any requirement of the federal Clean Water Act. The sewage
sludge program regulates all sewage sludge use and disposal practices used in
Arizona. The Director must require any land application of a substance that
contains sewage or septage to comply with rules established by the program (A.R.S.
§
49-255.03).
State lands means any land owned or held in trust, or otherwise, by Arizona, including leased school or university land. Agricultural lands mean lands which are used or can be used principally for: 1) raising crops, fruits, grains and similar farm products; and 2) the controlled propagation, growth and harvest of algae, known as algaculture (A.R.S. § 37-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Director to adopt rules that are consistent with the regulations promulgated by the EPA regarding standards for the use or disposal of sewage sludge for the application of biosolids to agricultural lands that consider the following:
a) the air quality impact to the surrounding area;
b) application conditions and rate;
c) moisture content and irrigation needs;
d) setbacks from dwellings and navigable waters;
e) nitrogen concentration levels;
f) the testing and treatment of biosolids for harmful contaminants before application;
g) the odor, pest and other impacts to the surrounding community;
h) the coordination of oversight of biosolids application on state lands;
i) recommendations from the Agricultural Best Management Practices Committee (Committee);
j) vector attraction reduction procedures;
k) site-specific limits, including depth to groundwater and soil content; and
l) limits on septage and biosolids.
2. Requires ADEQ, by December 31, 2025, to provide a report on current staff resources available to implement the requirements related to the application of biosolids to agricultural land and whether additional staff are needed to the President of the Senate, the Speaker of the House of Representatives (House) and the Governor and to provide a copy to the Secretary of State.
3. Requires the Commissioner to require an agricultural lessee of state lands to comply with all applicable local ordinances, state and federal and generally accepted farming practices on state lands, including rules and laws regarding the use of fertilizers, biosolids and soil amendments.
4. Specifies that a person's use of fertilizers, biosolids and soil amendments on state lands that are subject to an agricultural lease are presumed to be reasonable if the use complies with statutorily outlined requirements and rules.
5. Prohibits the Commissioner from prohibiting the use of fertilizers, biosolids or soil amendments as a condition of renewing the lease of state lands if ADEQ has not found that the lessee's use of state land is in violation of statutorily outlined rules and requirements.
6. Allows the Commissioner to terminate or deny the renewal of any lease if the lessee violates any statutorily outlined rules or regulations relating to the Sewage Sludge Program or the application of biosolids to agricultural lands.
7. Requires that an agricultural lessee of state lands, upon written request, provide the Commissioner with a copy of all applicable permits and registration from ADEQ.
8. Immunizes the Commissioner, ADEQ, the State Land Trust, the State of Arizona and any counties of Arizona from all liabilities or damages arising from any action relating to the use of fertilizers, biosolids or soil amendments on state land, if they are in compliance with outlined requirements.
9. Allows the Agricultural Best Management Practices Committee to provide recommendations to ADEQ to adopt rules that include requirements for the application of biosolids to agricultural land that are consistent with outlined regulations promulgated by the EPA regarding standards for the use or disposal of sewage sludge.
10. Requires the Director or Director's designee, who serves on the Committee, to visit, in person, an agricultural operation that will be affected by the updated rules not less than two times during the time period in which the agricultural operation is actively applying biosolids to the agricultural operation's lands.
11. Prohibits the outlined adopted rules relating to land application of sewage sludge from conflicting with the outlined adopted rules relating to the application of biosolids to agricultural lands.
12. Defines biosolids as sewage sludge that is applied to land for use as a soil amendment, conditioner or fertilizer.
13. Repeals the rules related to the Committee on January 1, 2028.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Adds to the rules that the Director of ADEQ must adopt relating to the application of biosolids to agricultural lands and requires the rules to be consistent with the regulations promulgated by the EPA regarding standards for the use or disposal of sewage sludge.
2. Requires ADEQ, by December 31, 2025, to provide a report on current staff resources available to implement the requirements related to the application of biosolids to agricultural lands and whether additional staff are needed to the President of Senate, the Speaker of the House and the Governor and to provide a copy of the report to the Arizona Secretary of State.
3. Allows the Commissioner to terminate or deny the renewal of any lease if the lessee violates any statutorily outlined rules or regulations relating to the Sewage Sludge Program or the application of biosolids to agricultural lands.
4. Stipulates that Arizona and any counties of Arizona, if the Commissioner is in compliance with outlined requirements, are immune from all liabilities or damages arising from any action relating to the use of fertilizers, biosolids or soil amendments on state land.
5. Removes the requirement that the outlined adopted rules relating to agricultural general permits must include requirements for the application of biosolids to agricultural lands.
6. Allows the Committee to provide recommendations to ADEQ to adopt rules that include requirements for the application of biosolids to agricultural land and that are consistent with outlined EPA regulations regarding standards for the use or disposal of sewage sludge.
7. Removes the requirement that the Committee update the prescribed adopted rules within one year of the general effective date.
8. Extends the repeal of the rules related to the Committee from January 1, 2027, to January 1, 2028.
9. Defines biosolids as sewage sludge that is applied to land for use as a soil amendment, conditioner or fertilizer.
10. Makes technical and conforming changes.
Senate Action
NR 3/10/25 DP 5-3-0
Prepared by Senate Research
March 11, 2025
SB/SN/slp