BILL NUMBER: SB 205 CHAPTERED
BILL TEXT
CHAPTER 613
FILED WITH SECRETARY OF STATE OCTOBER 5, 1995
APPROVED BY GOVERNOR OCTOBER 4, 1995
PASSED THE SENATE SEPTEMBER 5, 1995
PASSED THE ASSEMBLY SEPTEMBER 1, 1995
AMENDED IN ASSEMBLY AUGUST 31, 1995
AMENDED IN ASSEMBLY JUNE 21, 1995
AMENDED IN ASSEMBLY JUNE 2, 1995
AMENDED IN SENATE MAY 1, 1995
AMENDED IN SENATE MARCH 30, 1995
AMENDED IN SENATE MARCH 16, 1995
INTRODUCED BY Senator Kelley
FEBRUARY 6, 1995
An act to add Section 13274 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 205, Kelley. Waste discharge requirements: sewage sludge:
waiver.
The Porter-Cologne Water Quality Control Act generally requires
the California regional water quality control boards to prescribe
waste discharge requirements for individual waste discharges.
This bill would require the State Water Resources Control 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, to prescribe general
waste discharge requirements for those sludges and solids, as
specified. The bill would authorize the state board or a regional
board to charge a fee to cover the costs incurred by the board in the
administration of the application process relating to the prescribed
general waste discharge requirements. The bill would provide that
those provisions are not intended to affect the jurisdiction or
authority of specified state and local public agencies for
specified purposes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13274 is added to the Water Code, 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 those sludges and 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 California Integrated Waste Management
Board.
(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 provision of 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 Health Services, if
the board determines that the request is based on new information.
(f) Nothing in this section is intended to affect the jurisdiction
of the California Integrated Waste Management Board to regulate the
handling of sewage sludge or other biological solids for composting,
deposit in a landfill, or other use.
(g) Nothing in this section is 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) Nothing in this section is intended to affect the jurisdiction
of the Department of Food and Agriculture Code in enforcing Sections
14591 and 14631 of the Food and Agriculture 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) Nothing in this section restricts 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, the resource management plan of which is
required to be implemented by local government general plans.
SEC. 2. If the State Water Resources Control Board or a regional
water quality control board determines that the preparation of an
environmental impact report, pursuant to Division 13 (commencing with
Section 21000) of the Public Resources Code, is required in
conjunction with the adoption of general waste discharge requirements
pursuant to Section 13274 of the Water Code, that board shall take
no further action to adopt those requirements until funding for the
preparation of the environmental impact report, other than general
funds, is available through public or private sources.