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 wouldbegin delete authorize the Kern County Board of Supervisors, upon a majority vote, to regulate or prohibit by ordinance, in a manner more stringent than state or federal law and in a nondiscriminatory manner, the land application of sewage sludge in unincorporated areas in the jurisdiction of the county, as prescribedend deletebegin insert
require the state board from January 1, 2015, to January 1, 2017, inclusive, to provide for additional testing 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, as prescribed. The bill would require the testing to occur after each application of sewage sludge or other biological solids, but not fewer than 2 times per year, and would require the state board to submit a report after each test containing the results of the test to a prescribed committee of the Legislature and the Kern County Board of Supervisorsend insert.
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: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13274 of the Water Code is amended to
2read:
(a) (1) The state board or a regional board, upon receipt
4of applications for waste discharge requirements for discharges of
5dewatered, treated, or chemically fixed sewage sludge and other
6biological solids, shall prescribe general waste discharge
7requirements for that sludge and those other solids. General waste
8discharge requirements shall replace individual waste discharge
9requirements for sewage sludge and other biological solids, and
10their prescription shall be considered to be a ministerial action.
11(2) The general waste discharge requirements shall set minimum
12standards for agronomic applications of sewage sludge and other
13biological solids and the use of that sludge
and those other solids
14as a soil amendment or fertilizer in agriculture, forestry, and surface
15mining reclamation, and may permit the transportation of that
16sludge and those other solids and the use of that sludge and those
17other solids at more than one site. The requirements shall include
18provisions to mitigate significant environmental impacts, potential
19soil erosion, odors, the degradation of surface water quality or fish
20or wildlife habitat, the accidental release of hazardous substances,
21and any potential hazard to the public health or safety.
22(b) The state board or a regional board, in prescribing general
23waste discharge requirements pursuant to this section, shall comply
24with Division 13 (commencing with Section 21000) of the Public
25Resources Code and guidelines adopted pursuant to that division,
P3 1and shall consult with the State
Air Resources Board, the
2Department of Food and Agriculture, and the Department of
3Resources Recycling and Recovery.
4(c) The state board or a regional board may charge a reasonable
5fee to cover the costs incurred by the board in the administration
6of the application process relating to the general waste discharge
7requirements prescribed pursuant to this section.
8(d) Notwithstanding any other law, except as specified in
9subdivisions (f) to (j), inclusive, general waste discharge
10requirements prescribed by a regional board pursuant to this section
11supersede regulations adopted by any other state agency to regulate
12sewage sludge and other biological solids applied directly to
13agricultural lands at agronomic rates.
14(e) The
state board or a regional board shall review general
15waste discharge requirements for possible amendment upon the
16request of any state agency, including, but not limited to, the
17Department of Food and Agriculture and the State Department of
18Public Health, if the board determines that the request is based on
19new information.
20(f) This section is not intended to affect the jurisdiction of the
21Department of Resources Recycling and Recovery to regulate the
22handling of sewage sludge or other biological solids for
23composting, deposit in a landfill, or other use.
24(g) This section is not intended to affect the jurisdiction of the
25State Air Resources Board or an air pollution control district or
26air quality management district to regulate the handling of sewage
27sludge or other biological
solids for incineration.
28(h) This section is not intended to affect the jurisdiction of the
29Department of Food and Agriculture in enforcing Sections 14591
30and 14631 of the Food and Agricultural Code and any regulations
31adopted pursuant to those sections, regarding the handling of
32sewage sludge and other biological solids sold or used as fertilizer
33or as a soil amendment.
34(i) This section does not restrict the authority of a local
35government agency to regulate the application of sewage sludge
36and other biological solids to land within the jurisdiction of that
37agency, including, but not limited to, the planning authority of the
38Delta Protection Commission, the resource management plan of
39which is required to be implemented by local government general
40plans.
P4 1(j) The Kern County Board of Supervisors, upon a majority
2vote, may regulate or prohibit by ordinance, in a manner more
3stringent than state or
federal law and in a nondiscriminatory
4manner, the land application of sewage sludge, including sewage
5sludge imported from another California county, in unincorporated
6areas in the jurisdiction of the county.
7(j) From January 1, 2015, to January 1, 2017, inclusive, the
8state board shall provide for additional testing on the effects of
9sewage sludge or other biological solids to occur on properties
10in unincorporated areas of Kern County where sewage sludge or
11other biological solids are imported from another California
12county. The testing shall include, but not be limited to, the potential
13for groundwater contamination, pathogens, endotoxins, and other
14hazards that may adversely affect human health originating in
15sewage sludge or other biological solids. The state board shall
16perform or additionally
review the testing conducted pursuant to
17this subdivision. The testing shall occur after each application of
18sewage sludge or other biological solids on a property, but no
19fewer than two times per year. The state board shall submit a
20report after each test conducted pursuant to this section containing
21the results of the test to the Assembly Committee on Environmental
22Safety and Toxic Materials and the Kern County Board of
23Supervisors.
The Legislature finds and declares that a special law
25is necessary and that a general law cannot be made applicable
26within the meaning of Section 16 of Article IV of the California
27Constitution due to the unique and special problems associated
28with the land application of sewage sludge in Kern County
29requiring the control of sewage sludge for the public good.
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