BILL NUMBER: AB 580	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 25, 2009

   An act to amend Section 13291 of the Water Code, relating to water
quality.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 580, as introduced, Huber. Onsite sewage treatment systems.
   Existing law, the Porter-Cologne Water Quality Control Act, on or
before January 1, 2004, requires the State Water Resources Control
Board, in consultation with others, to adopt regulations or standards
for the permitting and operation of specified onsite sewage
treatment systems. The act requires the state board to apply those
regulations or standards to those systems commencing 6 months after
their adoption. The act requires the regulations or standards to
include exemption criteria established by the California regional
water quality control boards.
   This bill would specify that the exemption criteria may also be
established by the state board.
   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 13291 of the Water Code is amended to read:
   13291.  (a) On or before January 1, 2004, the state board, in
consultation with the State Department of Health Services, the
California Coastal Commission, the California Conference of Directors
of Environmental Health, counties, cities, and other interested
parties, shall adopt regulations or standards for the permitting and
operation of all of the following onsite sewage treatment systems in
the state and shall apply those regulations or standards commencing
six months after their adoptions:
   (1) Any system that is constructed or replaced.
   (2) Any system that is subject to a major repair.
   (3) Any system that pools or discharges to the surface.
   (4) Any system that, in the judgment of a regional board or
authorized local agency, discharges waste that has the reasonable
potential to cause a violation of water quality objectives, or to
impair present or future beneficial uses of water, to cause
pollution, nuisance, or contamination of the waters of the state.
   (b) Regulations or standards adopted pursuant to subdivision (a),
shall include, but shall not be limited to, all of the following:
   (1) Minimum operating requirements that may include siting,
construction, and performance requirements.
   (2) Requirements for onsite sewage treatment systems adjacent to
impaired waters identified pursuant to subdivision (d) of Section 303
of the Clean Water Act (33 U.S.C. Sec. 1313(d)).
   (3) Requirements authorizing a qualified local agency to implement
those requirements adopted under this chapter within its
jurisdiction if that local agency requests that authorization.
   (4) Requirements for corrective action when onsite sewage
treatment systems fail to meet the requirements or standards.
   (5) Minimum requirements for monitoring used to determine system
or systems performance, if applicable.
   (6) Exemption criteria to be established by  the state board
or the  regional boards.
   (7) Requirements for determining a system that is subject to a
major repair, as provided in paragraph (2) of subdivision (a).
   (c) This chapter does not diminish or otherwise affect the
authority of a local agency to carry out laws, other than this
chapter, that relate to onsite sewage treatment systems.
   (d) This chapter does not preempt any regional board or local
agency from adopting or retaining standards for onsite sewage
treatment systems that are more protective of the public health or
the environment than this chapter.
   (e) Each regional board shall incorporate the regulations or
standards adopted pursuant to subdivisions (a) and (b) into the
appropriate regional water quality control plans.