BILL ANALYSIS Ó
SB 607
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 607
AUTHOR: Walters
AMENDED: April 27, 2011
FISCAL: Yes HEARING DATE: May 2, 2011
URGENCY: No CONSULTANT:
Rachel Machi Wagoner
SUBJECT : STATE WATER RESOURCES CONTROL BOARD: WATER QUALITY:
BRACKISH GROUNDWATER TREATMENT
SUMMARY :
Existing federal law :
1) Under the Clean Water Act, establishes the national
pollutant discharge elimination system (NPDES) permit
program, regulating point sources that discharge pollutants
into waters of the United States.
2) Designates authorized states to implement and enforce the
NPDES program.
Existing state law , under the Porter-Cologne Water Quality
Act:
1) Provides that the State Water Resources Control Board
(SWRCB) and the nine California regional water quality
control boards (RWQCBs) are the principal state agencies
with responsibility for the coordination and control of
water quality in California.
2) Requires the board to adopt state policies for water
quality and requires the RWQCBs to adopt policies in
compliance with the state policies.
This bill requires SWRCB to either amend the California Ocean
Plan or adopt separate standards to address water quality
objectives and effluent limitations specifically appropriate
to brackish groundwater treatment system facilities that
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produce municipal water supplies for local use on or before
January 1, 2013.
COMMENTS :
1) Purpose of Bill . According to the author, given
California's strained water resources, identifying
alternative sources of water has become paramount. AB 2717
(Hertzberg) Chapter 957, Statutes of 2002 requires the
Department of Water Resources to create a task force to
make recommendations identifying "potential opportunities"
for the use of seawater and brackish water desalination in
California. Subsequently, desalination has been included
in the State Water Plan as an alternative to be considered
as part of a region's water supply.
The author argues that the development of potable water
from local sources of brackish groundwater does not occur
consistently and there are not predictable standards across
the various regions of the state. The author further
states that this condition creates a disincentive to invest
in local water supplies for water suppliers. The treatment
and use of brackish water is important to accomplishing the
goal of producing reliable and varied water supply sources
for the people of the state.
The author states that despite the ongoing water challenges
and their potentially devastating economic impacts, SWRCB
has not provided clear direction. According to the author,
as a result differing policies established by RWQCBs has
resulted in more onerous and costly penalties based on a
revision of the NPDES permit program. The author argues
that a non-uniform permitting process jeopardizes existing
and proposed recycled water, desalination and groundwater
treatment facilities.
2) California Ocean Plan (Ocean Plan) . The California Ocean
Plan is the state's water quality control plan for ocean
waters. It lists "beneficial uses" of California's ocean
waters which need to be protected; establishes "water
quality objectives" necessary to achieve protection for
those beneficial uses; identifies areas where discharges
are prohibited; and sets forth a program of implementation
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(including water discharge limitations, monitoring and
enforcement) to ensure that water quality objectives are
met. SWRCB adopted the Ocean Plan in 1972 and has made
periodic revisions every few years.
3) Ocean Plan - Triennial Review Workplan . The triennial
review of the Ocean Plan identifies issues that should be
examined by SWRCB to determine if the Ocean Plan should be
amended. The triennial review process as implemented by
SWRCB consists of a public hearing to identify the most
important issues to be addressed; followed by staff
evaluation of highest priority options for Ocean Plan
amendments and preparation of a workplan; and a SWRCB
public meeting to adopt the workplan and SWRCB action to
resolve identified issues through amendments to the Ocean
Plan, if needed. The SWRCB public hearing was held
September 22, 2010.
4) Brine Disposal Standards . The following discussion is
included in the draft Ocean Plan which SWRCB is currently
considering:
Currently, there are no Ocean Plan Water Quality
Objectives that apply specifically to brine waste
discharges from desalination plants or groundwater
desalting facilities. Untreated brine waste
discharged into the ocean "behaves" differently
than either water treatment plan freshwater
effluent or the brine waste-freshwater mixture.
The "brine waste" plume is denser than the
receiving ocean water due to a much higher salinity
and tends to settle on the ocean bottom. As a
result, a brine waste plume can have an adverse
effect on the bottom-dwelling marine organisms.
An amendment to the Ocean Plan is in progress,
based on direction given by SWRCB at the November
2, 2005 workshop and was discussed at the 2007
Scoping Meeting. Delays with the amendment were
associated with the unavailability of staff
resource, due to emphasis in 2008-2010 on the Once
Through Cooling policy. However, this issue
remains a very high priority. The amendment is
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currently planned by staff to have three
components: 1) a narrative objective for salinity,
2) limits on impingement and entrainment from
desalination intakes, and 3) an implementation
policy. Specifically with regard to intake
impacts, the Ocean Plan does not authorize flow
augmentation for dilution purposes, and
clarification of this existing constraint to the
use of in-plant dilution will be included in the
amendment.
Some commenters during the previous and current
Triennial Review suggested that the Ocean Plan be
modified to facilitate permitting of facilities
that discharge brine waste. Many commenters feel
that no action should be taken regarding this issue
because they believe that the water quality
objectives for brine water are not necessary, as
all brine discharges are already regulated by NPDES
permits that contain conditions protective of water
quality. Commenters also express concern over
setting a statewide objective due to the
variability of salinity along the coast, the lack
of knowledge regarding natural background, and
because NPDES permits are already protective of
water quality by utilizing site-specific
objectives. Commenters are concerned that brine
disposal regulations could hinder water recycling
projects, if financial impacts are not carefully
considered. West Basin, CASA and SOCWA also
expressed their belief that the state should
address brine discharges through a separate
statewide policy initiative rather than through
various planning documents, such as the Ocean Plan.
However West Basin and CASA suggested that in the
absence of a statewide policy initiative, the State
Water Board should amend the Ocean Plan to allow
brine discharge through existing outfalls. CASA
suggests that the "reasonable and representative"
water quality testing of these outfalls be done at
the end of the ocean outfall rather than at
multiple input points along the outfall, and that
facilities conducting brackish groundwater
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treatment, desalination, and recycled water
projects be regulated as municipal water supply
facilities rather than industrial facilities.
Several commenters also suggest that the Ocean Plan
simply recognize the importance of and encourage
the use of desalination and water recycling.
Two parties (California Coastkeeper Alliance and
the Center for Biological Diversity, in a joint
letter) expressed interest in the pursuit of an
amendment to address brine discharges and a
salinity objective. The Coastal Commission
submitted comments as part of the 2007 scoping
process in favor of the amendment.
The SWRCB staff have rated this action as a very high
priority for amendment of the Ocean Plan and have projected
completion of this amendment by 2012.
Revisions to the Ocean Plan to address brackish water
discharge have been in discussion for a number of years.
It is the intent of SB 603 to ensure that this issue is
incorporated into the most the current revision that SWRCB
is undertaking.
SOURCE : South Orange County Wastewater Authority
SUPPORT : None on file
OPPOSITION : None on file