BILL ANALYSIS Ó
AB 1200
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 1200 (Ma) - As Amended: April 15, 2011
SUBJECT : Combined Sewage and Stormwater Systems.
SUMMARY : Requires combined sewer and stormwater (CSS) systems
to report sewage spills to the California Emergency Management
Agency (CalEMA) and the State Water Resources Control Board
(SWRCB). Specifically, this bill :
1)Requires CSS systems to report sewage discharges to CalEMA in
those cases where waste is untreated or is only subject to
primary treatment.
2)Requires the SWRCB to establish a reporting and public
information system for discharges from CSS systems. Requires
the SWRCB, in consultation with local governments and public
interest groups, to develop a uniform CSS overflow event
report form to be used for reporting sewer system overflows
from CCSs.
3)Provides that this reporting system will become effective on
January 1st, of the year that the Legislature appropriates
sufficient funds for the CCS program.
4)Requires the CSS reporting form adopted by the SWRCB to
include, at a minimum, the following information:
a) The cause of the overflow, including, but not limited
to, the amount of any rainfall that may have contributed to
the overflow.
b) An estimate of the volume of the overflow event.
c) The 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.
d) The date, time, and duration of the overflow event.
e) Whether or not a beach closure occurred or may have
occurred as a result of the overflow.
f) The name, address, and telephone number of the system
owner or operator and a specific contact name.
AB 1200
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5)Provides that all reporting of sewage releases by the CCS
includes those qualities of waste authorized under a discharge
permit.
EXISTING LAW :
1)Under the Porter-Cologne Water Quality Control Act, requires
any person who causes or permits any hazardous substance or
sewage to be discharged in or on any state waters to
immediately notify the CalEMA. Requires CalEMA to immediately
notify the appropriate regional water quality control board
(RWQCB), local health officer, and administrator of
environment health. SWRCB must adopt regulations establishing
reportable quantities of sewage for purposes of this
requirement.
2)Under Community Facilities Law (general provisions with
respect to sewers), requires the State Department of Public
Health (DPH) or any local health officer to order
contamination to be abated. When DPH finds that a pollution
or nuisance exists, the condition must be referred by DPH to
the RWQCB with any recommendations for correction.
3)Requires local sanitary system owners and operators to report
sewer system overflows to the RWQCB and include detailed
information about the overflow, including location, cause, and
environmental effects.
FISCAL EFFECT : Not Known
COMMENTS :
Need for the bill: According to the author, "Assembly Bill 1200
was introduced in the midst of a wet rain year that led to 226
million gallons of combined sewage and stormwater discharged by
San Francisco in the month of December, 2010. AB 1200 closes a
loophole in current law that exempts combined systems from
timely public notification and disclosure procedures.
"AB 1200 ensures that San Francisco lives up to its historic
leadership role of environmental stewardship," said
Assemblywoman Ma. "This bill will make us lead by example.
We've been flushing our toilets into the bay and ocean and
people have a right to know when the water is polluted as soon
as possible."
AB 1200
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San Francisco's combined sewer system: According to the SWRCB,
conventional storm water is managed using a centralized
approach; storm water is funneled through various catchments
(i.e. storm drains) and conveyance systems.
In older cities, combined sewer and storm systems may be routed
to a waste water treatment plant for treatment, however in most
California cities and towns storm water is discharged directly
into streams, bays, estuaries, and other local bodies of water
though storm water outlets. Combined sewer and storm systems
were very common prior to the early 1900s, e.g. older parts of
Sacramento and San Francisco have combined sewer and storm
systems. These combined sewer and storm water systems can
overflow during storm events causing untreated sewage and storm
water to flow directly into nearby water bodies, thus resulting
in violations of municipal National Pollutant Discharge
Elimination System (NPDES) permits and causing harm to aquatic
life and humans. Separate sanitary sewer systems also have the
potential to overflow during high storm events due to system
leaks and groundwater infiltration. Both combined storm and
sewer, and separate sewer overflows are regulated under
Municipal NPDES Permits.
According to the San Francisco Public Utilities Commission,
which operated the San Francisco combines sewer system," in
cases of a combines sewer discharge (CSD), a discharge of
wastewater from an undesignated location into receiving waters,
would be required to report "not later than two (2) hours after
becoming aware of the discharge to the State Office of Emergency
Services, the local health officers or directors of
environmental health with jurisdiction over the affected water
bodies, and the Regional Water Board."
REGISTERED SUPPORT / OPPOSITION :
Support
San Francisco Baykeeper
Opposition
San Francisco Public Utilities Commission
California Association of Sanitation Agencies
AB 1200
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Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965