BILL NUMBER: AB 2971 CHAPTERED 09/09/02 CHAPTER 422 FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2002 APPROVED BY GOVERNOR SEPTEMBER 7, 2002 PASSED THE ASSEMBLY AUGUST 19, 2002 PASSED THE SENATE AUGUST 14, 2002 AMENDED IN SENATE AUGUST 8, 2002 AMENDED IN SENATE JUNE 19, 2002 AMENDED IN ASSEMBLY APRIL 18, 2002 AMENDED IN ASSEMBLY APRIL 3, 2002 INTRODUCED BY Assembly Member Strom-Martin FEBRUARY 25, 2002 An act to amend Sections 13625, 13627, and 13630 of, and to add Sections 13625.1 and 13627.5 to, the Water Code, relating to wastewater treatment. LEGISLATIVE COUNSEL'S DIGEST AB 2971, Strom-Martin. Wastewater treatment plants: definition. (1) Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board is required to classify types of wastewater treatment plants, as defined, for purposes of determining the levels of competence necessary to operate the plants. Under that definition, facilities owned by governmental agencies and used in the treatment or reclamation of sewage and industrial waste and certain privately owned facilities performing the same usage purposes and regulated by the Public Utilities Commission are considered wastewater treatment plants. This bill would revise the definition of wastewater treatment plants for these purposes by including within that definition private and governmental facilities used in the treatment or reclamation of sewage or industrial waste, rather than sewage and industrial waste, and any privately owned facility, without requiring that it is regulated by the Public Utilities Commission, used primarily in the treatment or reclamation of sewage for which the state board or a regional water quality control board has issued waste discharge requirements. The bill would authorize the state board, subject to renewal and imposed conditions, to exempt for 4 years from the certificate requirements any facility that is classified, by regulation, as a Class 1 plant by the state board and the facility could not, due to operator error, violate water quality objectives. The bill would authorize the state board to charge a reasonable administrative fee for processing a facility's original or renewal application for exemption. (2) Existing law requires supervisors and operators of wastewater treatment plants to possess certificates of the appropriate grade. This bill would, subject to the approval of regulations by the state board, impose this requirement on supervisors and operators of those privately owned facilities that are not regulated by the Public Utilities Commission and are included in the revised definition of "wastewater treatment plants" as provided under (1). The bill would require operators employed at the private wastewater treatment plants described above to pass any written examination that may be administered by the state board. (3) Because the failure of a person who operates a wastewater treatment plant to obtain and hold a valid certificate issued by the state board of the appropriate grade is a crime, this bill would impose a state-mandated local program by expanding the scope of that crime. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13625 of the Water Code is amended to read: 13625. As used in this chapter unless the context otherwise requires, the following definitions apply: (a) "Certificate" means a certificate of competency issued by the state board stating that the supervisor or operator has met the requirements for a specific classification in the certification program. (b) "Wastewater treatment plant" means any of the following: (1) Any facility owned by a state, local, or federal agency and used in the treatment or reclamation of sewage or industrial wastes. (2) Any privately owned facility used in the treatment or reclamation of sewage or industrial wastes, and regulated by the Public Utilities Commission pursuant to Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of Division 1 of, the Public Utilities Code. (3) Any privately owned facility used primarily in the treatment or reclamation of sewage for which the state board or a regional board has issued waste discharge requirements. (c) "Operator" means any person who operates a wastewater treatment plant. (d) "Supervisor" means any person who has direct responsibility for the operation of a wastewater treatment plant or who supervises any operators of a wastewater treatment plant. SEC. 2. Section 13625.1 is added to the Water Code, to read: 13625.1. (a) The state board may exempt from the requirements of this chapter any facility that is classified as a Class 1 plant by the state board under Section 3675 of Title 23 of the California Code of Regulations, and the facility could not, due to operator error, violate water quality objectives. (b) An exemption granted pursuant to this section is valid for four years, and may be renewed by the state board upon request. (c) The state board may condition an exemption under this section, and the exemption may be terminated at any time by the board. (d) The state board may charge a reasonable administrative fee for processing a facility's original or renewal application for exemption. SEC. 3. Section 13627 of the Water Code is amended to read: 13627. (a) Supervisors and operators of those wastewater treatment plants described in paragraph (1) and (2) of subdivision (b) of Section 13625 shall possess a certificate of appropriate grade. Subject to the approval of regulations by the state board, supervisors and operators of those wastewater treatment plants described in paragraph (3) of subdivision (b) of Section 13625 shall possess certificates of the appropriate grade. All certificates shall be issued in accordance with, and to the extent recommended by the advisory committee and required by, regulations adopted by the state board. The state board shall develop and specify in its regulations the training necessary to qualify a supervisor or operator for certification for each type and class of plant. The state board may accept experience in lieu of qualification training. For supervisors and operators of water recycling treatment plants, the state board may approve use of a water treatment plant operator of appropriate grade certified by the State Department of Health Services pursuant to Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code in lieu of a wastewater treatment plant operator certified by the state board, provided that the state board may refuse to approve use of an operator certified by the department or may suspend or revoke its approval of the use of an operator certified by the department if the operator commits any of the prohibited acts described in Article 7 of Chapter 26 of Division 3 of Title 23 of the California Code of Regulations. (b) The regional water quality control board, with jurisdiction for issuing and ensuring compliance with applicable water reclamation or waste discharge requirements, shall notify the department in writing if, pursuant to an inspection conducted under Section 13267, the regional board makes a determination that there is reasonable grounds for not issuing, or for suspending or revoking, the certificate of a certified water treatment plant operator who is operating or supervising the operation of a water recycling treatment plant. The department shall make its determination regarding the issuance, suspension, or revocation of a certificate in accordance with Section 106876 of the Health and Safety Code. (c) For purposes of this section, "water recycling treatment plant" means a treatment plant that receives and further treats secondary or tertiary effluent, or both, from a wastewater treatment plant. (d) A person employed as a wastewater treatment plant supervisor or operator on the effective date of regulations adopted pursuant to this chapter shall be issued an appropriate certificate if the person meets the training, education, and experience requirements prescribed by regulations. (e) The state board may refuse to grant, suspend, or revoke any certificate issued by the state board to operate a wastewater treatment plant, or may place on probation, or reprimand, the certificate holder upon any reasonable ground, including, but not limited to, all of the following reasons: (1) Submitting false or misleading information on an application for a certificate. (2) The employment of fraud or deception in the course of operating the wastewater treatment plant. (3) A certificate holder's failure to use reasonable care or judgment in the operation of the plant. (4) A certificate holder's inability to perform operating duties properly. (5) Willfully or negligently violating, or causing, or allowing the violation of, waste discharge requirements or permits issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). (f) The state board shall conduct all proceedings for the refusal to grant a certificate, and suspension or revocation of a certificate, pursuant to subdivision (c), in accordance with the rules adopted pursuant to Section 185. SEC. 4. Section 13627.5 is added to the Water Code, to read: 13627.5. (a) Any operator employed at a wastewater treatment plant described in paragraph (3) of subdivision (b) of Section 13625 shall pass any written examination that may be administered by the state board. Upon passage of the examination, the operator shall be credited with one year of experience for purposes of operator certification. (b) The state board may charge a reasonable fee for administering this section. SEC. 5. Section 13630 of the Water Code is amended to read: 13630. The state board is the state agency which is authorized to represent the state and its local governmental agencies in administering any federal or state funds available for wastewater treatment plant operator training. The state board may provide technical and financial assistance to organizations providing operator training programs. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.