BILL NUMBER: AB 580 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2009
INTRODUCED BY Assembly Member Huber
( Principal coauthor: Assembly Member
Logue )
( Coauthor: Assembly Member
Chesbro )
FEBRUARY 25, 2009
An act to amend Section 13291 of the Water Code, relating to water
quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 580, as amended, 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. The act requires the regulations
to include minimum operating requirements and requires that the
regulations include requirements authorizing a qualified local agency
to implement the requirements adopted under the act if the local
agency requests authorization.
This bill would require that onsite sewage treatment systems be
classified into regulatory tiers based on the demonstrated risk each
system poses to the public health and environment. The bill would
require the regulations to include a requirement authorizing a
qualified agency to certify that its local ordinance will implement
the requirements of the regulations adopted pursuant to existing law.
This bill would specify that 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. The Legislature finds and declares the
following:
(a) The Legislature commends the State Water Resources Control
Board for listening to public concerns regarding the onsite sewage
treatment system regulatory program and responding to those concerns
by reevaluating regulations adopted pursuant to Chapter 781 of the
Statutes of 2000 (Assembly Bill 885 of the 1999-00 Regular Session).
(b) The Legislature encourages the board to draft regulations that
ensure local control, cure failing septic systems, and minimize cost
to homeowners.
(c) It is the Legislature's intent to assist the board's efforts
through clarifying legislation if necessary.
SECTION 1. SEC. 2. 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 categorize each of the following systems
into regulatory tiers based on the demonstrated risk posed to the
public health and the environment by each system. The state board
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
Requirements that local programs include minimum operating
standards that may include siting, construction, and
performance requirements monitoring to determine
system performance .
(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
certify that its ordinance implement
implements those requirements adopted under this chapter within
its jurisdiction if that local agency requests that
authorization. its jurisdiction. Based on a finding by
a regional board that a local agency does not meet the certification
requirements, a regional board shall have 90 days to deny the
self-certification by the local agency.
(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)
(5) Exemption criteria to be established by the state
board or the regional boards.
(7)
(6) 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.