Amended in Senate June 4, 2014

Amended in Assembly January 30, 2014

Amended in Assembly January 27, 2014

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 371

Introduced by Assembly Member Salas

February 14, 2013

An act to amend Section 13274 of the Water Code, relating to sewage sludge.

LEGISLATIVE COUNSEL’S DIGEST

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 begin delete 1989, end delete begin insert 1989 end insert 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, to December 31, 2016, inclusive, to require begin insert , for specified pathogens and endotoxins, end insert additional testing 2 times per year 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 begin delete county, as prescribed. end delete begin insert county. end insert The bill would begin delete require end delete begin insert authorize end insert the state board to identify begin insert additional end insert pathogens, endotoxins, and other hazards for testing based on the potential for groundwater contamination and potential to adversely affect human health originating in sewage sludge or other biological solids, and would require the state board to submit a report after each test containing the results of the test to prescribed committees 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 1.  

Section 13274 of the Water Code is amended 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 that sludge and those other 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 Department of
Resources Recycling and Recovery.

(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 law, except as specified in
subdivisions (f) to begin delete (j), end delete begin insert (i), end insert 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
Public Health, if the board determines that the request is based on
new information.

(f) This section is not intended to affect the jurisdiction of the
Department of Resources Recycling and Recovery to regulate the
handling of sewage sludge or other biological solids for
composting, deposit in a landfill, or other use.

(g) This section is not 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) This section is not intended to affect the jurisdiction of the
Department of Food and Agriculture in enforcing Sections 14591
and 14631 of the Food and Agricultural 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) This section does not restrict 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 and the resource management plan
of that is required to be implemented by local government general
plans.

(j) (1) From January 1, 2015, to December 31, 2016, inclusive,
the state board shall require begin insert , for the pathogens and endotoxins
described in paragraph (2), end insert additional testing two times per year
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. The state board begin delete shall end delete begin insert may end insert identify begin insert additional end insert
pathogens, endotoxins, and other hazards for testing pursuant to
this subdivision based on the potential for groundwater
contamination and potential to adversely affect human health
originating in sewage sludge or other biological solids. The state
board shall review the testing conducted pursuant to this
subdivision. The state board shall submit a report after each test
conducted pursuant to this section containing the results of the test
to the Assembly Committee on Environmental Safety and Toxic
Materials, the Senate Committee on Environmental Quality, and
the Kern County Board of Supervisors.

begin insert

(2) The following pathogens and endotoxins shall be tested for
pursuant to paragraph (1):

end insert begin insert

(A) Chlorphyrifos.

end insert begin insert

(B) Clostridium perfringens (C. perfringens).

end insert begin insert

(C) Dichlorodiphenyldichloroethylene (DDE).

end insert begin insert

(D) Dichlorodiphenyltrichloroethane (DDT).

end insert begin insert

(E) Escherichia coli (E. coli).

end insert begin insert

(F) Estrogen.

end insert begin insert

(G) Ethanol.

end insert begin insert

(H) Fluoride.

end insert begin insert

(I) Iron.

end insert begin insert

(J) Manganese.

end insert begin insert

(K) Polybrominated Diphenyl Ethers (PBDEs).

end insert begin insert

(L) Polychlorinated Biphenyls (PCBs).

end insert begin insert

(M) Salmonella.

end insert begin insert

(N) Silver.

end insert begin insert

(O) Tetrachloroethylene (PERC).

end insert begin insert

(P) Thallium.

end insert begin insert

(Q) Tin.

end insert begin insert

(R) Toluene.

end insert begin delete

(2)

end delete

begin insert (3) end insert  This subdivision does not limit the authority of the state
board or a regional board to test and regulate discharge
requirements of dewatered, treated, or chemically-fixed sewage
sludge and other biological solids pursuant to existing law.

SEC. 2.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution due to the unique and special problems associated
with the land application of sewage sludge in Kern County
requiring the control of sewage sludge for the public good.