(1) The Legislature finds that it is in the best interest of this state to regulate biosolids management in order to minimize the migration of nutrients that impair water bodies. The Legislature further finds that permitting according to site-specific application conditions, an increased inspection rate, groundwater and surface water monitoring protocols, and nutrient management research will improve biosolids management and assist in protecting this state’s water resources and water quality.
(2) The department shall adopt rules for biosolids management.
(3) For a new land application site permit or a permit renewal issued after July 1, 2020, the permittee of a biosolids land application site shall:(a) Ensure that only Class AA biosolids are applied to the soil.
(b) Ensure a minimum unsaturated soil depth of 2 feet between the depth of biosolids placement and the water table level at the time the Class A or Class B biosolids are applied to the soil. Biosolids may not be applied on soils that have a seasonal high-water table less than 6 inches from the soil surface or within 6 inches of the intended depth of biosolids placement, unless a department-approved nutrient management plan and water quality monitoring plan provide reasonable assurances that the land application of biosolids at the site will not cause or contribute to a violation of the state’s surface water quality standards or groundwater standards. As used in this subsection, the term “seasonal high water” means the elevation to which the ground and surface water may be expected to rise due to a normal wet season.
(c) Be enrolled in the Department of Agriculture and Consumer Services best management practices program or be within an agricultural operation enrolled in the program for the applicable commodity type.
(4)(a) All permits shall comply with the requirements of paragraph (3)(a) by July 1, 2028.
(b) Local governments that do not transport biosolids for land application outside of their respective county boundaries shall comply with the requirements of paragraph (3)(a) by July 1, 2031. This paragraph may not be construed to prohibit the transportation of Class B biosolids by a local government outside of its boundaries to a Class AA biosolids treatment facility or waste-to-energy facility located within the boundaries of another local government.
(5) New or renewed biosolids land application site or facility permits issued after July 1, 2020, must comply with this section and include a permit condition that requires the permit to be reopened to insert a compliance date of no later than 1 year after the effective date of the rules adopted pursuant to subsection (2). All permits must meet the requirements of the rules adopted pursuant to subsection (2) no later than 2 years after the effective date of such rules.
(6) A municipality or county may enforce or extend a local ordinance, regulation, resolution, rule, moratorium, or policy, any of which was adopted before November 1, 2019, relating to the land application of Class A or Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county.
1Note.—Section 1, ch. 2026-171, added subsection (6), and redesignated current subsection (6) as subsection (7), effective July 1, 2027, to read:(6) The department may not issue or renew a permit for a land application site which authorizes disposal or land application of septage, as defined in s. 381.0065(2), as Class B biosolids if there is a permitted wastewater treatment facility that accepts septage for higher levels of treatment which is:
(a) Less than 30 miles from a proposed Class B biosolids land application site;
(b) Owned or operated by the Federal Government or a federal agency, a state government body or agency, or a political subdivision of this state; and
(c) Not defunct, used for other purposes, or out of capacity.
