Solid Waste and Financial Assistance Program

Laws and Rules

What laws and rules govern the uses of biosolids?

At the national level, biosolids fall under the Federal Clean Water Act. Under the CWA, Congress directed the United States Environmental Protection Agency (EPA) to develop standards to regulate biosolids and then to implement those standards in permits. EPA published 40 CFR Part 503 on February 19, 1993. Part 503 contains the primary technical regulations for biosolids management at the federal level. EPA has also published Parts 501 and 122. Part 501 describes the standards states must meet if they want to pursue delegation of federal authority, and the process for delegating that authority. Part 122 contains the requirements for state permitting programs. The federal program is self-implementing. This means that even in the absence of a permit, regulated facilities must comply with applicable portions of the regulation. A permit, however, may be used to impose additional or more stringent requirements.

Washington State has its own authority for managing biosolids. The 1992 State Legislature passed into law a bill which became in part Chapter 70.95J RCW. Chapter 70.95J recognizes biosolids as a valuable commodity, and directs Ecology to implement a program which maximizes beneficial use. The state program must at least meet federal minimum requirements, and Ecology is authorized to issue permits and to collect fees for permits. Ecology published Chapter 173-308 WAC, Biosolids Management in the spring of 1998. Like federal rules, the state rules are self implementing. The state rules include technical requirements, a permitting program, and a fee program.

Where can I read or get copies of these things?

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