BILL NUMBER: AB 371 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2014
AMENDED IN SENATE JUNE 4, 2014
AMENDED IN ASSEMBLY JANUARY 30, 2014
AMENDED IN ASSEMBLY JANUARY 27, 2014
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Salas
FEBRUARY 14, 2013
An act to amend Section 13274 of the Water Code, relating to
sewage sludge.
LEGISLATIVE COUNSEL'S DIGEST
AB 371, as amended, Salas. Sewage sludge: Kern County.
Existing law requires the State Water Resources Control Board or a
California regional water quality control board, upon receipt of an
application for waste discharge requirements for discharge of
dewatered, treated, or chemically fixed sewage or other biological
solids, to prescribe general waste discharge requirements for that
sludge or those other solids. The California Integrated Waste
Management Act of 1989 establishes an integrated waste management
program that includes the regulation of solid waste disposal and
solid waste facilities, and defines solid waste to include dewatered,
treated, and chemically fixed sewage sludge that is not a hazardous
waste.
This bill would require the state board from January 1, 2015, to
December 31, 2016, inclusive, to require, for specified pathogens and
endotoxins, additional testing 2 times per year on the effects of
sewage sludge or other biological solids to occur on properties in
unincorporated areas of Kern County where sewage sludge or
other biological solids are imported from another California county.
Kern County. The bill would authorize the state
board to identify additional pathogens, endotoxins, and other hazards
for testing based on the potential for groundwater contamination and
potential to adversely affect human health originating in sewage
sludge or other biological solids, and would require the state board
to submit a report after each test containing the results of the test
to prescribed committees of the Legislature and the Kern County
Board of Supervisors. The bill would require the state board
from January 1, 2015, to December 31, 2016, inclusive, to
require, on property located in Kern County, monitoring of shallow
groundwater beneath or downgradient, or both, of a
biological solids application site for the specified pathogens and
endotoxins, at least once in the spring and once in the fall.
This bill would make legislative findings and declarations as to
the necessity of a special statute for Kern County.
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 13274 of the Water Code is amended to read:
13274. (a) (1) The state board or a regional board, upon receipt
of applications for waste discharge requirements for discharges of
dewatered, treated, or chemically fixed sewage sludge and other
biological solids, shall prescribe general waste discharge
requirements for that sludge and those other solids. General waste
discharge requirements shall replace individual waste discharge
requirements for sewage sludge and other biological solids, and their
prescription shall be considered to be a ministerial action.
(2) The general waste discharge requirements shall set minimum
standards for agronomic applications of sewage sludge and other
biological solids and the use of that sludge and those other solids
as a soil amendment or fertilizer in agriculture, forestry, and
surface mining reclamation, and may permit the transportation of that
sludge and those other solids and the use of that sludge and those
other solids at more than one site. The requirements shall include
provisions to mitigate significant environmental impacts, potential
soil erosion, odors, the degradation of surface water quality or fish
or wildlife habitat, the accidental release of hazardous substances,
and any potential hazard to the public health or safety.
(b) The state board or a regional board, in prescribing general
waste discharge requirements pursuant to this section, shall comply
with Division 13 (commencing with Section 21000) of the Public
Resources Code and guidelines adopted pursuant to that division, and
shall consult with the State Air Resources Board, the Department of
Food and Agriculture, and the Department of Resources Recycling and
Recovery.
(c) The state board or a regional board may charge a reasonable
fee to cover the costs incurred by the board in the administration of
the application process relating to the general waste discharge
requirements prescribed pursuant to this section.
(d) Notwithstanding any other law, except as specified in
subdivisions (f) to (i), inclusive, general waste discharge
requirements prescribed by a regional board pursuant to this section
supersede regulations adopted by any other state agency to regulate
sewage sludge and other biological solids applied directly to
agricultural lands at agronomic rates.
(e) The state board or a regional board shall review general waste
discharge requirements for possible amendment upon the request of
any state agency, including, but not limited to, the Department of
Food and Agriculture and the State Department of Public Health, if
the board determines that the request is based on new information.
(f) This section is not intended to affect the jurisdiction of the
Department of Resources Recycling and Recovery to regulate the
handling of sewage sludge or other biological solids for composting,
deposit in a landfill, or other use.
(g) This section is not intended to affect the jurisdiction of the
State Air Resources Board or an air pollution control district or
air quality management district to regulate the handling of sewage
sludge or other biological solids for incineration.
(h) This section is not intended to affect the jurisdiction of the
Department of Food and Agriculture in enforcing Sections 14591 and
14631 of the Food and Agricultural Code and any regulations adopted
pursuant to those sections, regarding the handling of sewage sludge
and other biological solids sold or used as fertilizer or as a soil
amendment.
(i) This section does not restrict the authority of a local
government agency to regulate the application of sewage sludge and
other biological solids to land within the jurisdiction of that
agency, including, but not limited to, the planning authority of the
Delta Protection Commission and the resource management plan of that
is required to be implemented by local government general plans.
(j) (1) From January 1, 2015, to December 31, 2016, inclusive, the
state board shall require, for the pathogens and endotoxins
described in paragraph (2), additional testing two times per year on
the effects of sewage sludge or other biological solids to occur on
properties in unincorporated areas of Kern County where
sewage sludge or other biological solids are imported from another
California county. Kern County. The state board
may identify additional pathogens, endotoxins, and other hazards for
testing pursuant to this subdivision based on the potential for
groundwater contamination and potential to adversely affect human
health originating in sewage sludge or other biological solids. The
state board shall review the testing conducted pursuant to this
subdivision. The state board shall submit a report after each test
conducted pursuant to this section containing the results of the test
to the Assembly Committee on Environmental Safety and Toxic
Materials, the Senate Committee on Environmental Quality, and the
Kern County Board of Supervisors.
(2) The following pathogens and endotoxins shall be tested for
pursuant to paragraph (1):
(A) Chlorphyrifos.
(B) Clostridium perfringens (C. perfringens).
(C) Dichlorodiphenyldichloroethylene (DDE).
(D) Dichlorodiphenyltrichloroethane (DDT).
(E) Escherichia coli (E. coli).
(F) Estrogen.
(G) Ethanol.
(H) Fluoride.
(I) Iron.
(J) Manganese.
(K) Polybrominated Diphenyl Ethers (PBDEs).
(L) Polychlorinated Biphenyls (PCBs).
(M) Salmonella.
(N) Silver.
(O) Tetrachloroethylene (PERC).
(P) Thallium.
(Q) Tin.
(R) Toluene.
(3) From January 1, 2015, to December 31, 2016, inclusive, the
state board shall require, on property located in Kern County,
monitoring of shallow groundwater beneath or downgradient, or both,
of a biological solids application site for the pathogens and
endotoxins identified in paragraph (2), as well as those pathogens
and endotoxins whose monitoring is required by applicable waste
discharge requirements. At a minimum, monitoring shall occur at least
once in the spring and once in the fall.
(3)
(4) This subdivision does not limit the authority of
the state board or a regional board to test and regulate discharge
requirements of dewatered, treated, or chemically-fixed sewage sludge
and other biological solids pursuant to existing law.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
due to the unique and special problems associated with the land
application of sewage sludge in Kern County requiring the control of
sewage sludge for the public good.