BILL NUMBER: AB 1200 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2011
AMENDED IN ASSEMBLY MARCH 17, 2011
INTRODUCED BY Assembly Member Ma
FEBRUARY 18, 2011
An act to amend Sections 13193 and 13271 of
Section 13271 o f, and to add Section 13193.5 to,
the Water Code, relating to water quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1200, as amended, Ma. Water quality: discharges: sewer systems.
(1) The Porter-Cologne Water Quality Control Act generally
requires a person who causes or permits any hazardous substance or
sewage to be discharged in or on any waters of the state, as soon as
that person has knowledge of the discharge and other requirements are
met, to immediately notify the California Emergency Management
Agency of the discharge in accordance with specified spill reporting
requirements. The act requires the California Emergency Management
Agency to immediately notify the appropriate California regional
water quality control board and the local health officer and director
of environmental health of the discharge. Upon receiving
notification of a discharge, the local health officer and the
director of environmental health are required to immediately notify
the public of the discharge by posting notices or other appropriate
means, if necessary, to safeguard public health and safety. A person
who fails to notify in accordance with these requirements, with a
certain exception, is guilty of a misdemeanor that is punishable by a
fine of not more than $20,000, imprisonment for not more than one
year, or both.
Under the act, the notification requirements do not apply to a
discharge that is in compliance with waste discharge requirements or
other specified provisions of law.
This bill would remove that exception to the notification
requirements for a combined sewer and stormwater system that
discharges stormwater and sewage that is untreated or subject to only
primary treatment , thereby expanding the scope of a crime. By
expanding the scope of a crime, and to the extent that the bill
would increase the level of services imposed on local health
officers, this bill would impose a state-mandated local program.
(2) The act requires the public or private entity having legal
authority over the operation and maintenance of, or capital
improvement to, a sewer collection system to submit a report to the
appropriate regional board relating to a spill or overflow from a
sanitary sewer system.
This bill would specify that require
a combined sewer and stormwater system is subject to this
requirement owner or operator to submit to the
appropriate regional board an overflow event report, as provided
.
(3) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13193.5 is added to the
Water Code , to read:
13193.5. (a) As used in this section, the following terms have
the following meanings:
(1) "Combined sewer and stormwater system owner or operator" means
the public or private entity having legal authority over the
operation and maintenance of, or capital improvements to, the
combined sewer and stormwater system.
(2) "GIS" means Geographic Information System.
(b) On or before January 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, the state board, in
consultation with representatives of cities, counties, cities and
counties, special districts, public interest groups, the State
Department of Public Health, and the regional boards shall develop a
uniform overflow event report form to be used for reporting of
combined sewer and stormwater system overflows as required in
subdivision (c). This event report form shall include, but not be
limited to, all of the following:
(1) The cause of the overflow, including, but not limited to, the
amount of any rainfall that may have contributed to the overflow.
(2) An estimate of the volume of the overflow event.
(3) Location of the overflow event. Sufficient information shall
be provided to determine location for purposes of GIS mapping, such
as specific street address or the latitude and longitude of the
event.
(4) Date, time, and duration of the overflow event.
(5) Whether or not a beach closure occurred or may have occurred
as a result of the overflow.
(6) The name, address, and telephone number of the system owner or
operator and a specific contact name.
(c) Commencing on July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, in the event of a
spill or overflow from a combined sewer and stormwater system, the
combined sewer and stormwater system owner or operator, shall submit
to the appropriate regional board, within 30 days of the date of
becoming aware of the overflow event, a report using the form
described in subdivision (b). The report shall be filed
electronically, if possible, or by fax or mail if electronic
submission is not possible.
(d) Before January 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, the state board, in
consultation with representatives of cities, counties, cities and
counties, and special districts, public interest groups, the State
Department of Public Health, and regional boards, shall develop and
maintain a combined sewer and stormwater system overflow database
that, at a minimum, contains the parameters described in subdivisions
(b) and (c).
(e) Commencing on July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, each regional board
shall coordinate with combined sewer and stormwater system owners or
operators, the State Department of Public Health, and local health
officers to compile the reports submitted pursuant to this section.
Each regional board shall report that information to the state board
on a quarterly basis, to be included in the combined sewer and
stormwater system overflow database.
(f) The state board shall make available to the public, by
Internet and other cost-effective means, as determined by the state
board, information that is generated pursuant to this section. In a
year in which the Legislature has appropriated sufficient funds for
the purposes described in this subdivision, the state board shall
prepare a summary report of the information collected in the combined
sewer and stormwater system overflow database, and make it available
to the general public through the Internet and other cost-effective
means, as determined by the state board. To the extent resources and
the data allow, this report shall include GIS maps compiling coastal
overflow events.
(g) An overflow shall be reported pursuant to this section even if
the overflow was in compliance with waste discharge requirements or
otherwise authorized under law.
SEC. 2. Section 13271 of the Water Code
is amended to read:
13271. (a) (1) Except as provided by subdivision (b), any person
who, without regard to intent or negligence, causes or permits any
hazardous substance or sewage to be discharged in or on any waters of
the state, or discharged or deposited where it is, or probably will
be, discharged in or on any waters of the state, shall, as soon as
(A) that person has knowledge of the discharge, (B) notification is
possible, and (C) notification can be provided without substantially
impeding cleanup or other emergency measures, immediately notify the
California Emergency Management Agency of the discharge in accordance
with the spill reporting provision of the state toxic disaster
contingency plan adopted pursuant to Article 3.7 (commencing with
Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the
Government Code.
(2) The California Emergency Management Agency shall immediately
notify the appropriate regional board, the local health officer, and
the director of environmental health of the discharge. The regional
board shall notify the state board as appropriate.
(3) Upon receiving notification of a discharge pursuant to this
section, the local health officer and the director of environmental
health shall immediately determine whether notification of the public
is required to safeguard public health and safety. If so, the local
health officer and the director of environmental health shall
immediately notify the public of the discharge by posting notices or
other appropriate means. The notification shall describe measures to
be taken by the public to protect the public health.
(b) The notification required by this section shall not apply to a
discharge in compliance with waste discharge requirements or other
provisions of this division , except for a combined
sewer and stormwater system that discharges stormwater and sewage
that is untreated or subject to only primary treatment .
(c) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not more than twenty thousand dollars ($20,000) or imprisonment in a
county jail for not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land which
that does not result in a discharge to the waters of this
state.
(d) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(e) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code, the
state board, in consultation with the Department of Toxic Substances
Control, shall by regulation establish reportable quantities for
purposes of this section. The regulations shall be based on what
quantities should be reported because they may pose a risk to public
health or the environment if discharged to groundwater or surface
water. Regulations need not set reportable quantities on all listed
substances at the same time. Regulations
Except as otherwise provided in subdivision (b), regulations
establishing reportable quantities shall not supersede waste
discharge requirements or water quality objectives adopted pursuant
to this division, and shall not supersede or affect in any way the
list, criteria, and guidelines for the identification of hazardous
wastes and extremely hazardous wastes adopted by the Department of
Toxic Substances Control pursuant to Chapter 6.5 (commencing with
Section 25100) of Division 20 of the Health and Safety Code. The
regulations of the Environmental Protection Agency for reportable
quantities of hazardous substances for purposes of the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) shall
be in effect for purposes of the enforcement of this section until
the time that the regulations required by this subdivision are
adopted.
(f) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section. The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment if
discharged to groundwater or surface water. Regulations
Except as otherwise provided in subdivision (b),
regulations establishing reportable quantities shall not
supersede waste discharge requirements or water quality objectives
adopted pursuant to this division. For purposes of this section,
"sewage" means the effluent of a municipal wastewater treatment plant
or a private utility wastewater treatment plant, as those terms are
defined in Section 13625, except that sewage does not include
recycled water, as defined in subdivisions (c) and (d) of Section
13529.2.
(2) A collection system owner or operator, as defined in paragraph
(1) of subdivision (a) of Section 13193, in addition to the
reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.
(g) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to this
section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency. When notifying
the California Emergency Management Agency, the person shall include
all of the notification information required in the permit.
(h) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the receiving
waters, unless a more restrictive reporting standard for a particular
body of water is adopted pursuant to subdivision (e).
(i) Notification under this section does not nullify a person's
responsibility to notify the local health officer or the director of
environmental health pursuant to Section 5411.5 of the Health and
Safety Code.
SECTION 1. Section 13193 of the Water Code is
amended to read:
13193. (a) As used in this section, the following terms have the
following meanings:
(1) "Collection system owner or operator" means the public or
private entity having legal authority over the operation and
maintenance of, or capital improvements to, the sewer collection
system, including a combined sewer and stormwater system.
(2) "GIS" means Geographic Information System.
(b) On or before January 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, the state board, in
consultation with representatives of cities, counties, cities and
counties, special districts, public interest groups, the State
Department of Public Health, and the regional boards shall develop a
uniform overflow event report form to be used for reporting of
sanitary sewer system, including a combined sewer and stormwater
system, overflows as required in subdivision (c). This event report
form shall include, but not be limited to, all of the following:
(1) The cause of the overflow. The cause shall be specifically
identified, unless there is an ongoing investigation, in which case
it shall be identified immediately after completion of the
investigation. The cause shall be identified, at a minimum, as
blockage, infrastructure failure, pump station failure, significant
wet weather event, natural disaster, or other cause, which shall be
specifically identified. If the cause is identified as a blockage,
the type of blockage shall be identified, at a minimum, as roots,
grease, debris, vandalism, or multiple causes of which each should be
identified. If the cause is identified as infrastructure, it shall
be determined, at a minimum, whether the infrastructure failure was
due to leaks, damage to, or breakage of, collection system piping or
insufficient capacity. If the cause is identified as a significant
wet weather event or natural disaster, the report shall describe both
the event and how it resulted in the overflow. If the precise cause
cannot be identified after investigation, the report shall include a
narrative explanation describing the investigation conducted and
providing the information known about the possible causes of the
overflow.
(2) An estimate of the volume of the overflow event.
(3) Location of the overflow event. Sufficient information shall
be provided to determine location for purposes of GIS mapping, such
as specific street address or the latitude and longitude of the
event.
(4) Date, time, and duration of the overflow event.
(5) Whether or not the overflow reached or may have reached waters
of the state.
(6) Whether or not a beach closure occurred or may have occurred
as a result of the overflow.
(7) The response and corrective action taken.
(8) Whether or not there is an ongoing investigation, the reasons
for it, and expected date of completion.
(9) The name, address, and telephone number of the reporting
collection system owner or operator and a specific contact name.
(c) Commencing on July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, in the event of a
spill or overflow from a sanitary sewer system, including a combined
sewer and stormwater system, that is subject to the notification
requirements set forth in Section 13271, the applicable collection
system owner or operator, in addition to immediate reporting duties
pursuant to Section 13271, shall submit to the appropriate regional
board, within 30 days of the date of becoming aware of the overflow
event, a report using the form described in subdivision (b). The
report shall be filed electronically, if possible, or by fax or mail
if electronic submission is not possible.
(d) (1) Commencing on July 1 of a year in which the Legislature
has appropriated sufficient funds for this purpose, in the event of a
spill or overflow from a sanitary sewer system, including a combined
sewer and stormwater system, that is not subject to the reporting
requirements set forth in Section 13271 that is either found by the
State Department of Public Health or any local health officer to
result in contamination pursuant to Section 5412 of the Health and
Safety Code, or is found by the State Department of Public Health to
result in pollution or nuisance pursuant to Section 5413 of the
Health and Safety Code, the agency making the determination shall
submit to the appropriate regional board, within 30 days of making
the determination, a report that shall include, at a minimum, the
following information:
(A) Date, time, and approximate duration of the overflow event.
(B) An estimate of the volume of the overflow event.
(C) Location of the overflow event.
(D) A description of the response or corrective action taken by
the agency making the determination.
(E) The name, address, and telephone number of the reporting
collection system owner or operator, and a specific contact name.
(2) The report shall be filed electronically, if possible, or by
fax or mail if electronic submission is not possible.
(e) Before January 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, the state board, in
consultation with representatives of cities, counties, cities and
counties, and special districts, public interest groups, the State
Department of Public Health, and regional boards, shall develop and
maintain a sanitary sewer system overflow database that, at a
minimum, contains the parameters described in subdivisions (b) and
(d).
(f) Commencing on July 1 of a year in which the Legislature has
appropriated sufficient funds for this purpose, each regional board
shall coordinate with collection system owners or operators, the
State Department of Public Health, and local health officers to
compile the reports submitted pursuant to subdivisions (c) and (d).
Each regional board shall report that information to the state board
on a quarterly basis, to be included in the sanitary sewer system
overflow database.
(g) The state board shall make available to the public, by
Internet and other cost-effective means, as determined by the state
board, information that is generated pursuant to this section. In a
year in which the Legislature has appropriated sufficient funds for
the purposes described in this subdivision, the state board shall
prepare a summary report of the information collected in the sanitary
sewer system overflow database, and make it available to the general
public through the Internet and other cost-effective means, as
determined by the state board. To the extent resources and the data
allow, this report shall include GIS maps compiling coastal overflow
events.
SEC. 2. Section 13271 of the Water Code is
amended to read:
13271. (a) (1) Any person who, without regard to intent or
negligence, causes or permits any hazardous substance or sewage to be
discharged in or on any waters of the state, or discharged or
deposited where it is, or probably will be, discharged in or on any
waters of the state, shall, as soon as (A) that person has knowledge
of the discharge, (B) notification is possible, and (C) notification
can be provided without substantially impeding cleanup or other
emergency measures, immediately notify the California Emergency
Management Agency of the discharge in accordance with the spill
reporting provision of the state toxic disaster contingency plan
adopted pursuant to Article 3.7 (commencing with Section 8574.16) of
Chapter 7 of Division 1 of Title 2 of the Government Code.
(2) The California Emergency Management Agency shall immediately
notify the appropriate regional board, the local health officer, and
the director of environmental health of the discharge. The regional
board shall notify the state board as appropriate.
(3) Upon receiving notification of a discharge pursuant to this
section, the local health officer and the director of environmental
health shall immediately determine whether notification of the public
is required to safeguard public health and safety. If so, the local
health officer and the director of environmental health shall
immediately notify the public of the discharge by posting notices or
other appropriate means. The notification shall describe measures to
be taken by the public to protect the public health.
(b) Any person who fails to provide the notice required by this
section is guilty of a misdemeanor and shall be punished by a fine of
not more than twenty thousand dollars ($20,000) or imprisonment in a
county jail for not more than one year, or both. Except where a
discharge to the waters of this state would have occurred but for
cleanup or emergency response by a public agency, this subdivision
shall not apply to any discharge to land that does not result in a
discharge to the waters of this state.
(c) Notification received pursuant to this section or information
obtained by use of that notification shall not be used against any
person providing the notification in any criminal case, except in a
prosecution for perjury or giving a false statement.
(d) For substances listed as hazardous wastes or hazardous
material pursuant to Section 25140 of the Health and Safety Code, the
state board, in consultation with the Department of Toxic Substances
Control, shall by regulation establish reportable quantities for
purposes of this section. The regulations shall be based on what
quantities should be reported because they may pose a risk to public
health or the environment if discharged to groundwater or surface
water. Regulations need not set reportable quantities on all listed
substances at the same time. Regulations establishing reportable
quantities shall not supersede water quality objectives adopted
pursuant to this division, and shall not supersede or affect in any
way the list, criteria, and guidelines for the identification of
hazardous wastes and extremely hazardous wastes adopted by the
Department of Toxic Substances Control pursuant to Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code. The regulations of the Environmental Protection Agency
for reportable quantities of hazardous substances for purposes of the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) shall
be in effect for purposes of the enforcement of this section until
the time that the regulations required by this subdivision are
adopted.
(e) (1) The state board shall adopt regulations establishing
reportable quantities of sewage for purposes of this section. The
regulations shall be based on the quantities that should be reported
because they may pose a risk to public health or the environment if
discharged to groundwater or surface water. Regulations establishing
reportable quantities shall not supersede water quality objectives
adopted pursuant to this division. For purposes of this section,
"sewage" means the effluent of a municipal wastewater treatment plant
or a private utility wastewater treatment plant, as those terms are
defined in Section 13625, except that sewage does not include
recycled water, as defined in subdivisions (c) and (d) of Section
13529.2.
(2) A collection system owner or operator, as defined in paragraph
(1) of subdivision (a) of Section 13193, in addition to the
reporting requirements set forth in this section, shall submit a
report pursuant to subdivision (c) of Section 13193.
(f) Except as otherwise provided in this section and Section
8589.7 of the Government Code, a notification made pursuant to this
section shall satisfy any immediate notification requirement
contained in any permit issued by a permitting agency. When notifying
the California Emergency Management Agency, the person shall include
all of the notification information required in the permit.
(g) For the purposes of this section, the reportable quantity for
perchlorate shall be 10 pounds or more by discharge to the receiving
waters, unless a more restrictive reporting standard for a particular
body of water is adopted pursuant to subdivision (d).
(h) Notification under this section does not nullify a person's
responsibility to notify the local health officer or the director of
environmental health pursuant to Section 5411.5 of the Health and
Safety Code.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.