BILL NUMBER: SB 267	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Rubio

                        FEBRUARY 14, 2011

   An act to amend Section 13376 of the Water Code, relating to water
quality.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 267, as introduced, Rubio. Waste discharges: report.
   Under existing law, the State Water Resources Control Board and
the California regional water quality control boards prescribe waste
discharge requirements in accordance with the federal Clean Water Act
and the Porter-Cologne Water Quality Control Act (state act). The
state act requires a person who proposes to discharge pollutants or
dredged or fill material or to operate a publicly owned treatment
works or other treatment works treating domestic sewage to file a
report at least 180 days in advance of the date on which it is
desired to commence the discharge of pollutants or dredged or fill
material or the operation of the treatment works.
   This bill would instead require that waste discharge report to be
filed at least 185 days before the discharge or operation of the
treatment work.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13376 of the Water Code is amended to read:
   13376.  A person who discharges pollutants or proposes to
discharge pollutants to the navigable waters of the United States
within the jurisdiction of this state or a person who discharges
dredged or fill material or proposes to discharge dredged or fill
material into the navigable waters of the United States within the
jurisdiction of this state shall file a report of the discharge in
compliance with the procedures set forth in Section 13260. Unless
required by the state board or a regional board, a report need not be
filed under this section for discharges that are not subject to the
permit application requirements of the Federal Water Pollution
Control Act, as amended. A person who proposes to discharge
pollutants or dredged or fill material or to operate a publicly owned
treatment works or other treatment works treating domestic sewage
shall file a report at least  180  185 
days in advance of the date on which it is desired to commence the
discharge of pollutants or dredged or fill material or the operation
of the treatment works. A person who owns or operates a publicly
owned treatment works or other treatment works treating domestic
sewage, which treatment works commenced operation before January 1,
1988, and does not discharge to navigable waters of the United
States, shall file a report within 45 days of a written request by a
regional board or the state board, or within 45 days after the state
has an approved permit program for the use and disposal of sewage
sludge, whichever occurs earlier. The discharge of pollutants or
dredged or fill material or the operation of a publicly owned
treatment works or other treatment works treating domestic sewage by
any person, except as authorized by waste discharge requirements or
dredged or fill material permits, is prohibited. This prohibition
does not apply to discharges or operations if a state or federal
permit is not required under the Federal Water Pollution Control Act,
as amended.