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 yearbegin delete on
the effects of sewage sludge or other biological solids to occurend delete on properties in Kern Countybegin insert where sewage sludge or other biological solids are appliedend 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. The bill would require the state board from January 1, 2015, to December 31, 2016, inclusive, to require, on property located in Kern Countybegin insert
where sewage sludge or other biological solids are appliedend insert, monitoring of shallow groundwater beneath or downgradient, or both, of a biological solids application site for the specified pathogens and endotoxins, at least once in the spring and once in the fall.
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
P3 1sludge and those other solids and the use of that sludge and those
2other solids at more than one site. The requirements shall include
3provisions to mitigate significant environmental impacts, potential
4soil erosion, odors, the degradation of surface water quality or fish
5or wildlife habitat, the accidental release of hazardous substances,
6and any potential hazard to the public health or safety.
7(b) The state board or a regional board, in prescribing general
8waste discharge requirements pursuant to this section, shall comply
9with Division 13 (commencing with Section 21000) of the Public
10Resources Code and guidelines adopted pursuant to that division,
11and shall consult with the State Air
Resources Board, the
12Department of Food and Agriculture, and the Department of
13Resources Recycling and Recovery.
14(c) The state board or a regional board may charge a reasonable
15fee to cover the costs incurred by the board in the administration
16of the application process relating to the general waste discharge
17requirements prescribed pursuant to this section.
18(d) Notwithstanding any other law, except as specified in
19subdivisions (f) to (i), inclusive, general waste discharge
20requirements prescribed by a regional board pursuant to this section
21supersede regulations adopted by any other state agency to regulate
22sewage sludge and other biological solids applied directly to
23agricultural lands at agronomic rates.
24(e) The
state board or a regional board shall review general
25waste discharge requirements for possible amendment upon the
26request of any state agency, including, but not limited to, the
27Department of Food and Agriculture and the State Department of
28Public Health, if the board determines that the request is based on
29new information.
30(f) This section is not intended to affect the jurisdiction of the
31Department of Resources Recycling and Recovery to regulate the
32handling of sewage sludge or other biological solids for
33composting, deposit in a landfill, or other use.
34(g) This section is not intended to affect the jurisdiction of the
35State Air Resources Board or an air pollution control district or
36air quality management district to regulate the handling of sewage
37sludge or other biological
solids for incineration.
38(h) This section is not intended to affect the jurisdiction of the
39Department of Food and Agriculture in enforcing Sections 14591
40and 14631 of the Food and Agricultural Code and any regulations
P4 1adopted pursuant to those sections, regarding the handling of
2sewage sludge and other biological solids sold or used as fertilizer
3or as a soil amendment.
4(i) This section does not restrict the authority of a local
5government agency to regulate the application of sewage sludge
6and other biological solids to land within the jurisdiction of that
7agency, including, but not limited to, the planning authority of the
8Delta Protection Commission and the resource management plan
9of that is required to be implemented by local government general
10plans.
11(j) (1) From January 1, 2015, to December 31, 2016, inclusive,
12the state board shall require, for the pathogens and endotoxins
13described in paragraph (2), additional testing two times per year
14begin delete on the effects of sewage sludge or other biological solids to occurend delete
15 on properties in Kern Countybegin insert where sewage sludge or other
16biological solids are appliedend insert. The state board may identify
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).
end delete31(C)
end delete32begin insert(B)end insert Dichlorodiphenyldichloroethylene (DDE).
33(D)
end delete34begin insert(C)end insert Dichlorodiphenyltrichloroethane (DDT).
35(E)
end delete36begin insert(D)end insert Escherichia coli (E. coli).
37(F) Estrogen.
end delete38(G) Ethanol.
end delete39(H)
end delete40begin insert(E)end insert Fluoride.
P5 1(I)
end delete2begin insert(F)end insert Iron.
3(J)
end delete4begin insert(G)end insert Manganese.
5(K)
end delete6begin insert(H)end insert Polybrominated Diphenyl Ethers (PBDEs).
7(L)
end delete8begin insert(I)end insert Polychlorinated Biphenyls (PCBs).
9(M)
end delete10begin insert(J)end insert Salmonella.
11(N)
end delete12begin insert(K)end insert Silver.
13(O)
end delete14begin insert(L)end insert Tetrachloroethylene (PERC).
15(P)
end delete16begin insert(M)end insert Thallium.
17(Q)
end delete18begin insert(N)end insert Tin.
19(R)
end delete20begin insert(O)end insert Toluene.
21(3) From January 1, 2015, to December 31, 2016, inclusive, the
22state board shall require, on property located in Kern Countybegin insert where
23send insertbegin insertewend insertbegin insertage
sludge or other biological solids are appliedend insert, monitoring
24of shallow groundwater beneath or downgradient, or both, of a
25biological solids application site for the pathogens and endotoxins
26identified in paragraph (2), as well as those pathogens and
27endotoxins whose monitoring is required by applicable waste
28discharge requirements. At a minimum, monitoring shall occur at
29least once in the spring and once in the fall.
30(4) This subdivision does not limit the authority of the state
31board or a regional board to test and regulate discharge
32requirements of dewatered, treated, or chemically-fixed sewage
33sludge and other biological solids pursuant to existing law.
The Legislature finds and declares that a special law
35is necessary and that a general law cannot be made applicable
36within the meaning of Section 16 of Article IV of the California
37Constitution due to the unique and special problems associated
P6 1with the land application of sewage sludge in Kern County
2requiring the control of sewage sludge for the public good.
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