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 would require the state board from January 1, 2015, tobegin delete January 1, 2017end deletebegin insert
December 31, 2016end insert, inclusive, tobegin delete provide forend deletebegin insert requireend insert additional testingbegin insert 2 times per yearend insert 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 thebegin insert state board to identify pathogens, endotoxins, and other hazards forend insert testingbegin delete to occur after each application of sewage sludge or other biological solids, but not fewer than 2 times per yearend deletebegin insert
based on the potential for groundwater contamination and potential to adversely affect human health originating in sewage sludge or other biological solidsend insert, and would require the state board to submit a report after each test containing the results of the test tobegin delete aend delete prescribedbegin delete committeeend deletebegin insert committeesend insert of the Legislature and the Kern County Board of Supervisors.
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: yes. 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
P3 1Resources Code and guidelines adopted pursuant to that division,
2and shall consult with the State
Air Resources Board, the
3Department of Food and Agriculture, and the Department of
4Resources Recycling and Recovery.
5(c) The state board or a regional board may charge a reasonable
6fee to cover the costs incurred by the board in the administration
7of the application process relating to the general waste discharge
8requirements prescribed pursuant to this section.
9(d) Notwithstanding any other law, except as specified in
10 subdivisions (f) to (j), inclusive, general waste discharge
11requirements prescribed by a regional board pursuant to this section
12supersede regulations adopted by any other state agency to regulate
13sewage sludge and other biological solids applied directly to
14agricultural lands at agronomic rates.
15(e) The
state board or a regional board shall review general
16waste discharge requirements for possible amendment upon the
17request of any state agency, including, but not limited to, the
18Department of Food and Agriculture and the State Department of
19Public Health, if the board determines that the request is based on
20new information.
21(f) This section is not intended to affect the jurisdiction of the
22Department of Resources Recycling and Recovery to regulate the
23handling of sewage sludge or other biological solids for
24composting, deposit in a landfill, or other use.
25(g) This section is not intended to affect the jurisdiction of the
26State Air Resources Board or an air pollution control district or
27air quality management district to regulate the handling of sewage
28sludge or other biological
solids for incineration.
29(h) This section is not intended to affect the jurisdiction of the
30Department of Food and Agriculture in enforcing Sections 14591
31and 14631 of the Food and Agricultural Code and any regulations
32adopted pursuant to those sections, regarding the handling of
33sewage sludge and other biological solids sold or used as fertilizer
34or as a soil amendment.
35(i) This section does not restrict the authority of a local
36government agency to regulate the application of sewage sludge
37and other biological solids to land within the jurisdiction of that
38agency, including, but not limited to, the planning authority of the
39Delta Protection Commissionbegin delete,end deletebegin insert
andend insert the resource management plan
P4 1ofbegin delete whichend deletebegin insert thatend insert is required to be implemented by local government
2general plans.
3(j) begin insert(1)end insertbegin insert end insert From January 1, 2015, tobegin delete January 1, 2017end deletebegin insert December
431, 2016end insert, inclusive, the state board shallbegin delete provide forend deletebegin insert
requireend insert
5 additional testingbegin insert two times per yearend insert on the effects of sewage
6sludge or other biological solids to occur on properties in
7unincorporated areas of Kern County where sewage sludge or other
8biological solids are imported from another California county. The
9begin delete testing shall include, but not be limited to, the potential for begin insert
state board shall identifyend insert pathogens,
10groundwater contamination,end delete
11endotoxins, and other hazardsbegin delete that mayend deletebegin insert for testing pursuant to this
12subdivision based on the potential for groundwater contamination
13and potential toend insert adversely affect human health originating in
14sewage sludge or other biological solids. The state board shall
15begin deleteperform or additionallyend delete
review the testing conducted pursuant to
16this subdivision.begin delete The testing shall occur after each application of The state board shall submit a report
17sewage sludge or other biological solids on a property, but no
18fewer than two times per year.end delete
19after each test conducted pursuant to this section containing the
20results of the test to the Assembly Committee on Environmental
21Safety and Toxic Materialsbegin insert, the Senate Committee on
22Environmental Quality,end insert and the Kern County Board of Supervisors.
23(2) This subdivision does not limit the authority of the state
24board or a regional board to test and regulate discharge
25requirements of dewatered,
treated, or chemically-fixed sewage
26sludge and other biological solids pursuant to existing law.
The Legislature finds and declares that a special law
28is necessary and that a general law cannot be made applicable
29within the meaning of Section 16 of Article IV of the California
30Constitution due to the unique and special problems associated
31with the land application of sewage sludge in Kern County
32requiring the control of sewage sludge for the public good.
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