Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 725

Introduced by Assembly Member Wagner

February 25, 2015

An act to begin delete amend Section 13050 of end delete begin insert add Section 13529.6 to end insert the Water Code, relating to water quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 725, as amended, Wagner. Water quality: begin delete Porter-Cologne Water Quality Control Act. end delete begin insert recycled water: storm-induced overflow end insert begin insert . end insert

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 begin delete Act (state act). The state act defines various terms for purposes of the act. end delete begin insert Act. Existing law requires any person who causes or permits an unauthorized discharge of a specified amount of recycled water in any waters of the state or where the recycled water is, or probably will be, discharged in or on any waters of the state, to notify the appropriate regional board, as prescribed. end insert

begin delete

This bill would make various nonsubstantive changes to these definitions.

end delete begin insert

This bill, on or before December 31, 2016, would require the state board, in consultation with stakeholders, to adopt a policy to address the potential for a storm-induced overflow from an impoundment in which recycled water is stored for subsequent beneficial use or aesthetic purposes.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 13529.6 is added to the end insert begin insert Water Code end insert begin insert , to
read: end insert

13529.6.  

begin insert On or before December 31, 2016, the state board, in
consultation with stakeholders, shall adopt a policy to address the
potential for a storm-induced overflow from an impoundment in
which recycled water is stored for subsequent beneficial use or
aesthetic purposes. This policy shall be developed to maximize the
use of available recycled water storage capacity and the potential
for recycled water to be used in impoundments designed for
aesthetic purposes. In developing this policy, the state board shall
consider all of the following: end insert

begin insert

(a) The need for long- and short-term water supply availability.

end insert begin insert

(b) Efficient use of water resources.

end insert begin insert

(c) The need for storage of recycled water to optimize the uses
contemplated in this chapter, including uses that vary seasonally.

end insert begin insert

(d) Protection of long- and short-term economic opportunities.

end insert begin insert

(e) Human health.

end insert begin insert

(f) Property protection.

end insert begin insert

(g) Environmental protection.

end insert begin insert

(h) Water conservation.

end insert

begin delete

SECTION 1.  

Section 13050 of the Water Code is amended to
read:

13050.  

As used in this division:

(a) “State board” means the State Water Resources Control
Board.

(b) “Regional board” means any California regional water
quality control board for a region as specified in Section 13200.

(c) “Person” includes any city, county, district, the state, and
the United States, to the extent authorized by federal law.

(d) “Waste” includes sewage and any and all other waste
substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any
producing, manufacturing, or processing operation, including waste
placed within containers of whatever nature prior to, and for
purposes of, disposal.

(e) “Waters of the state” means any surface water or
groundwater, including saline waters, within the boundaries of the
state.

(f) “Beneficial uses” of the waters of the state that may be
protected against quality degradation include, but are not limited
to, domestic, municipal, agricultural and industrial supply; power
generation; recreation; aesthetic enjoyment; navigation; and
preservation and enhancement of fish, wildlife, and other aquatic
resources or preserves.

(g) “Quality of the water” refers to chemical, physical,
biological, bacteriological, radiological, and other properties and
characteristics of water that affect its use.

(h) “Water quality objectives” means the limits or levels of
water quality constituents or characteristics that are established
for the reasonable protection of beneficial uses of water or the
prevention of nuisance within a specific area.

(i) “Water quality control” means the regulation of any activity
or factor that may affect the quality of the waters of the state and
includes the prevention and correction of water pollution and
nuisance.

(j) “Water quality control plan” consists of a designation or
establishment for the waters within a specified area of all of the
following:

(1) Beneficial uses to be protected.

(2) Water quality objectives.

(3) A program of implementation needed for achieving water
quality objectives.

(k) “Contamination” means an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of
disease. “Contamination” includes any equivalent effect resulting
from the disposal of waste, whether or not waters of the state are
affected.

(l) (1) “Pollution” means an alteration of the quality of the
waters of the state by waste to a degree which unreasonably affects
either of the following:

(A) The waters for beneficial uses.

(B) Facilities that serve these beneficial uses.

(2) “Pollution” may include “contamination.”

(m) “Nuisance” means anything that meets all of the following
requirements:

(1) Is injurious to health, or is indecent or offensive to the senses,
or an obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property.

(2) Affects at the same time an entire community or
neighborhood, or any considerable number of persons, although
the extent of the annoyance or damage inflicted upon individuals
may be unequal.

(3) Occurs during, or as a result of, the treatment or disposal of
wastes.

(n) “Recycled water” means water that, as a result of treatment
of waste, is suitable for a direct beneficial use or a controlled use
that would not otherwise occur and is therefor considered a
valuable resource.

(o) “Citizen or domiciliary” of the state includes a foreign
corporation having substantial business contacts in the state or that
is subject to service of process in this state.

(p) (1) “Hazardous substance” means either of the following:

(A) For discharge to surface waters, any substance determined
to be a hazardous substance pursuant to Section 311(b)(2) of the
Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).

(B) For discharge to groundwater, any substance listed as a
hazardous waste or hazardous material pursuant to Section 25140
of the Health and Safety Code, without regard to whether the
substance is intended to be used, reused, or discarded, except that
“hazardous substance” does not include any substance excluded
from Section 311(b)(2) of the Federal Water Pollution Control Act
because it is within the scope of Section 311(a)(1) of that act.

(2) “Hazardous substance” does not include any of the
following:

(A) Nontoxic, nonflammable, and noncorrosive stormwater
runoff drained from underground vaults, chambers, or manholes
into gutters or storm sewers.

(B) Any pesticide that is applied for agricultural purposes or is
applied in accordance with a cooperative agreement authorized by
Section 116180 of the Health and Safety Code, and is not
discharged accidentally or for purposes of disposal, the application
of which is in compliance with all applicable state and federal laws
and regulations.

(C) Any discharge to surface water of a quantity less than a
reportable quantity as determined by regulations issued pursuant
to Section 311(b)(4) of the Federal Water Pollution Control Act.

(D) Any discharge to land that results, or probably will result,
in a discharge to groundwater if the amount of the discharge to
land is less than a reportable quantity, as determined by regulations
adopted pursuant to Section 13271, for substances listed as
hazardous pursuant to Section 25140 of the Health and Safety
Code. No discharge shall be deemed a discharge of a reportable
quantity until regulations set a reportable quantity for the substance
discharged.

(q) (1) “Mining waste” means all solid, semisolid, and liquid
waste materials from the extraction, beneficiation, and processing
of ores and minerals. Mining waste includes, but is not limited to,
soil, waste rock, and overburden, as defined in Section 2732 of
the Public Resources Code, and tailings, slag, and other processed
waste materials, including cementitious materials that are managed
at the cement manufacturing facility where the materials were
generated.

(2) For the purposes of this subdivision, “cementitious material”
means cement, cement kiln dust, clinker, and clinker dust.

(r) “Master recycling permit” means a permit issued to a supplier
or a distributor, or both, of recycled water, that includes waste
discharge requirements prescribed pursuant to Section 13263 and
water recycling requirements prescribed pursuant to Section
13523.1.

end delete