BILL ANALYSIS Ó
SB 607
Page 1
Date of Hearing: June 28, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
SB 607 (Walters) - As Amended: April 27, 2011
SENATE VOTE : 39-0
SUBJECT : Waste water discharge: brackish groundwater
treatment system facilities.
SUMMARY : Requires the State Water Resources Control Board
(SWRCB), on or before January 1, 2013, to either amend the
California Ocean Plan, or adopt separate standards to address
water quality objectives and effluent limitations that are
specifically appropriate for brackish groundwater treatment
system facilities that produce municipal water supplies for
local use.
EXISTING LAW :
1) The Federal 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) Pursuant to the Porter Cologne Water Quality Control Act
the SWRCB adopts state policies for water quality and
requires the RWQCBs to adopt policies in compliance with
the state policies.
3) Requires the SWRCB to formulate and adopt a water
quality control plan for ocean waters of the state, and
requires the Board to review the Ocean Plan every three
years.
FISCAL EFFECT : Not known.
COMMENTS :
Need for the bill. According to the author, "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. This condition creates
a disincentive to invest in local water supplies for water
SB 607
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suppliers. Differing policies established by regional boards
has resulted in more onerous and costly penalties based on a
district revision of the National Pollution Discharge
Elimination System (NPDES) permit program. A non-uniform
permitting process jeopardizes existing and proposed recycled
water, desalinization and groundwater treatment facilities.
The Porter Cologne Water Quality Control Act establishes the
State Water Board and Regional Water Boards to preserve, enhance
and restore the State's waters. The Act recognizes the
importance of a regional approach to water quality regulation
that takes into account the unique hydrology and geology of
different regions of the State. The Act also recognizes that,
at times, there is a need for the development of broader
statewide standards. Historically, the State Water Board has
only issued statewide objectives when requested to by the US
Environmental Protection Agency (US EPA) in situations where US
EPA has identified specific numeric criteria for a particular
pollutant in accordance with Clean Water Act.
California Ocean Plan . The California Ocean Plan (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 (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.
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 the 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. The current review will be considering brine
treatment and disposal as an amendment to the Ocean Plan.
Brine disposal standards . Currently, there are no Ocean Plan
Water Quality Objectives that apply specifically to brine waste
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discharges from desalination plants or groundwater desalting
facilities. 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. Current brine discharges are regulated by NPDES
permits that contain conditions protective of water quality.
Past actions on ocean discharges . In January of 2011 California
Regional Water Quality Control Board, San Diego Board adopted an
NPDES permit for the city of Oceanside's Ocean Outfall
discharge. The permit established a technology-based effluent
limitation (TBEL) for a facility brine discharge. At the time
of the permit the City raised the issue of how waste byproducts
from desalination facilities are classified rather than the
NPDES regulations governing the point of compliance for TBELs in
NPDES permits. Waste brine discharges from desalination
processes are currently regulated through a default
classification as an industrial waste under both the Clean Water
Act and the California Ocean Plan because they do not provide
specific regulatory distinction for waste byproducts from
desalination facilities.
REGISTERED SUPPORT / OPPOSITION :
Support
South Orange County Wastewater Authority (Sponsor)
Opposition
None on file
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965