SS/SCS/HCS/HBs 2134 & 1956 - Under the act, any land application of industrial wastewater, industrial wastewater treatment sludge, and related process wastes, excluding certain animal agricultural wastes, shall be subject to a nutrient management technical standard, including a phosphorus index, as described in the act. Sampling results shall be sent to the Department of Natural Resources. This provision shall not apply to land application conducted in compliance with a land application management plan approved by the Department. The Clean Water Commission may exempt an entity from the requirement to obtain a fertilizer permit only if the entity is producing products that are commercially sold to an end user and have accurate labeling for each container.
Entities currently storing combined bulk fertilizers in storage basins shall not be exempt from any design requirements for agrichemical facilities established by rule when constructing new agrichemical facilities.
In order to receive an operating fertilizer permit, any point source or operating location seeking an operating permit for a commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel shall meet current design requirements for a wastewater treatment facility's design capacity.
The Department of Natural Resources shall require at least, but no more than, specific buffer distances between the nearest commingled offsite industrial wastewater or wastewater residuals open storage basin and any public building or residence as described in the act, from which a written agreement for operation shall be obtained. Requirements for the written agreement are described in the act.
The Department shall require groundwater monitoring on a site-specific basis when, in the determination of the Division of Geological Survey, the commingled offsite industrial wastewater and wastewater residuals open storage basin or open storage vessel is located in proximity to a geological feature that increases the likelihood of groundwater contamination.
The Department shall establish by rule sampling requirements for commingled offsite industrial wastewater and wastewater residuals open storage basins or open storage vessels based on permitted materials. The Department shall, within 60 days of the effective date of the act, begin the rulemaking process, which will include creating a chain of custody record form to be used by all parties during the handling of testing samples, and establish criteria to require annual sampling and testing of any contents of any commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel, as described in the act. Testing shall be done by a third-party certified laboratory and results of the testing shall be sent to the Department by the laboratory annually.
The act creates new definitions for "agrichemical facility", "open storage basin", "open storage vessel", and "operating location".
The act contains an emergency clause.
The act is similar to SB 1369 (2024).
JULIA SHEVELEVA