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, to December 31, 2016, inclusive, to require, for specified pathogens and endotoxins, additional testing 2 times per year on
the effects of sewage sludge or other biological solids to occur on properties inbegin delete unincorporated areas of Kern County where sewage sludge or other biological solids are imported from another California county.end deletebegin insert Kern County.end insert The bill would authorize the state board to identify additional 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.begin insert The bill would require the state board from January 1, 2015,
to December 31, 2016, inclusive, to require, on property located in Kern County, monitoring of shallow groundwater beneath or downgradient, or both, of a end insertbegin insertbiological solids application site for the specified pathogens and endotoxins, at least once in the spring and once in the fall. end 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: 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
P3 1provisions to mitigate significant environmental impacts, potential
2soil erosion, odors, the degradation of surface water quality or fish
3or wildlife habitat, the accidental release of hazardous substances,
4and any potential hazard to the public health or safety.
5(b) The state board or a regional board, in prescribing general
6waste discharge requirements pursuant to this section, shall comply
7with Division 13 (commencing with Section 21000) of the Public
8Resources Code and guidelines adopted pursuant to that division,
9and shall consult with the State
Air Resources Board, the
10Department of Food and Agriculture, and the Department of
11Resources Recycling and Recovery.
12(c) The state board or a regional board may charge a reasonable
13fee to cover the costs incurred by the board in the administration
14of the application process relating to the general waste discharge
15requirements prescribed pursuant to this section.
16(d) Notwithstanding any other law, except as specified in
17subdivisions (f) to (i), inclusive, general waste discharge
18requirements prescribed by a regional board pursuant to this section
19supersede regulations adopted by any other state agency to regulate
20sewage sludge and other biological solids applied directly to
21agricultural lands at agronomic rates.
22(e) The
state board or a regional board shall review general
23waste discharge requirements for possible amendment upon the
24request of any state agency, including, but not limited to, the
25Department of Food and Agriculture and the State Department of
26Public Health, if the board determines that the request is based on
27new information.
28(f) This section is not intended to affect the jurisdiction of the
29Department of Resources Recycling and Recovery to regulate the
30handling of sewage sludge or other biological solids for
31composting, deposit in a landfill, or other use.
32(g) This section is not intended to affect the jurisdiction of the
33State Air Resources Board or an air pollution control district or
34air quality management district to regulate the handling of sewage
35sludge or other biological
solids for incineration.
36(h) This section is not intended to affect the jurisdiction of the
37Department of Food and Agriculture in enforcing Sections 14591
38and 14631 of the Food and Agricultural Code and any regulations
39adopted pursuant to those sections, regarding the handling of
P4 1sewage sludge and other biological solids sold or used as fertilizer
2or as a soil amendment.
3(i) This section does not restrict the authority of a local
4government agency to regulate the application of sewage sludge
5and other biological solids to land within the jurisdiction of that
6agency, including, but not limited to, the planning authority of the
7Delta Protection Commission and the resource management plan
8of that is required to be implemented by local government general
9plans.
10(j) (1) From January 1, 2015, to December 31, 2016, inclusive,
11the state board shall require, for the pathogens and endotoxins
12described in paragraph (2), additional testing two times per year
13on the effects of sewage sludge or other biological solids to occur
14on properties inbegin delete unincorporated areas of Kern County where sewage begin insert Kern County.end insert The state board may identify
15sludge or other biological solids are imported from another
16California county.end delete
17additional pathogens, endotoxins, and other hazards for testing
18pursuant to this subdivision based on the potential for groundwater
19contamination and potential to adversely affect human health
20originating
in sewage sludge or other biological solids. The state
21board shall review the testing conducted pursuant to this
22subdivision. The state board shall submit a report after each test
23conducted pursuant to this section containing the results of the test
24to the Assembly Committee on Environmental Safety and Toxic
25Materials, the Senate Committee on Environmental Quality, and
26the Kern County Board of Supervisors.
27(2) The following pathogens and endotoxins shall be tested for
28pursuant to paragraph (1):
29(A) Chlorphyrifos.
30(B) Clostridium perfringens (C. perfringens).
31(C) Dichlorodiphenyldichloroethylene (DDE).
32(D) Dichlorodiphenyltrichloroethane (DDT).
33(E) Escherichia coli (E. coli).
34(F) Estrogen.
35(G) Ethanol.
36(H) Fluoride.
37(I) Iron.
38(J) Manganese.
39(K) Polybrominated Diphenyl Ethers (PBDEs).
40(L) Polychlorinated Biphenyls (PCBs).
P5 1(M) Salmonella.
2(N) Silver.
3(O) Tetrachloroethylene (PERC).
4(P) Thallium.
5(Q) Tin.
6(R) Toluene.
begin insert
7(3) From January 1, 2015, to December 31, 2016, inclusive,
8the state board shall require, on property located in Kern County,
9monitoring of shallow groundwater beneath or downgradient, or
10both, of a biological solids application site for the pathogens and
11endotoxins identified in paragraph (2), as well as those pathogens
12and endotoxins whose monitoring is required by applicable waste
13discharge requirements. At a minimum, monitoring shall occur at
14least once in the spring and once in the fall.
15(3)
end delete
16begin insert(4)end insert This subdivision does not limit the authority of the state
17board or a regional board to test and regulate discharge
18requirements of dewatered, treated, or chemically-fixed sewage
19sludge and other biological solids pursuant to existing law.
The Legislature finds and declares that a special law
21is necessary and that a general law cannot be made applicable
22within the meaning of Section 16 of Article IV of the California
23Constitution due to the unique and special problems associated
24with the land application of sewage sludge in Kern County
25requiring the control of sewage sludge for the public good.
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