Attention Members,

We want to make you aware, if you are not already, of Senate Bill 5245 – concerning Biosolids. This bill introduces changes to the State Biosolids Rule RCW 70A.226, by requiring additional testing and reporting for the presence of PFAS (per-and polyfluoroalkyl substances) by biosolids producers and additional, more burdensome, public notifications and disclosure for land application. NW Biosolids is voting to oppose this bill and we ask your help to do the same. The more voices opposing this legislation, the better chance we have to kill it in the Senate.

Voting on this bill only takes a few moments. We have provided the link and directions below. If you would like to provide comments, this requires one additional step. We have provided the link below along with draft comments for your use.

How you can vote on this bill:

• Sign in CON on HB5245

If you would like to comment:

• Submit comment on HB5245

Draft comments for your use

The bill is only focused on PFAS in biosolids., If this bill is adopted, we ask that it be broadened to include all bulk soil amendments, fertilizers, and pesticides. PFAS chemicals are ubiquitous, and are passed on to biosolids from homes and business connected to the sewer system. Other soil amendments such as compost, will also have PFAS, and are not regulated like biosolids. Additionally, chemical fertilizers, pesticides, and herbicides may also contain PFAS as an added ingredient. These are not being tracked the way biosolids applications are.  

This bill will cost the state and ratepayers significant amounts of money. If adopted, this bill should add a requirement for Dept of Ecology to conduct an economic impacts analysis as part of the pollutant limit rulemaking process. In November 2022 a Michigan state court struck down Michigan’s PFAS drinking water standards, finding that the state did not adequately consider the cost implications of the standards. 

We support the requirement that Dept of Ecology convene an advisory committee as part of setting pollutant limits for PFAS in biosolids. Ensure that an advisory committee includes scientists and utilities 

This legislation does not support existing and appropriate statutory authority by, remove the following:  

• New definition of “bulk biosolids”. The definition for bulk biosolids is already defined in existing federal and state rules.
• Public notification clause. Under the existing statue, the Dept of Ecology already has a robust 30-day public notification process which provides neighbors and other stakeholders a chance to comment and appeal before a site can be approved for land application.
• The requirement that transporter of bulk biosolids to carry a manifest. Under existing federal law, all truckloads must carry a bill of lading detailing the description and quantity of its cargo among other details. Biosolids transporters must carry a bill of lading, and adding existing state statute is duplicative, potentially confusing, and difficult to enforce. 
• The publicly accessible land application map requirement. This needs to be compliant with existing state and federal privacy laws. Landowners should be protected under existing privacy laws and information should be published according to these laws.