949.489.0150 (FAX)

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SCAP ALERT

(SCAP Alert Policy)

TO: SCAP Members

FROM: Raymond C. Miller, Executive Director

DATE: February 25, 2005

Restrictions on Biosolids Use & Disposal Proposed

On February 22, 2005, Senator Dean Florez introduced SB 926 (attached) that would dramatically impact biosolids reuse in California. The bill has two basic provisions:

By January 1, 2006, no agency could export "sewage sludge" generated by the agency to any other county, except in the event their Regional Board grants them an exception because it finds that there is no feasible reuse or disposal option in the county of origin and if the county where the biosolids would be sent agrees to it.

By January 1, 2010, 75% of all "sewage sludge" generated by a local agency must be beneficially reused via power generation, composting or other land application or some other undefined method.

Biosolids Committee Chair Diane Gilbert is working with other state organizations, including CASA, to determine how we will coordinate our response to this bill. She has asked that all SCAP agencies review the bill and draft a comment letter stating the effects (cost, logistics, available alternatives, etc.). Next week we will issue another Alert that will include details regarding where to submit the letters and other aspects of our response.

If you have further questions on this issue, please contact Diane Gilbert at (213) 473-8554 or Lisa Ohlund at (949) 661-9395.

(Senate Bill No 926 to follow)

SENATE BILL	No.926

Introduced by Senator Florez February 22,2005

An act to add Section 40065 to the Public Resources Code,and to add Section 13228.17 to the Water Code,relating to sewage sludge. legislative counsel 's digest SB 926,as introduced,Florez.Sewage sludge management. Existing law,the California Integrated Waste Management Act of 1989,imposes requirements with respect to solid waste management and solid waste disposal facilities.That act defines solid waste to include dewatered,treated,and chemically fixed sewage sludge that is not a hazardous waste.Existing law,the Porter-Cologne Water Quality Control Act,requires the State Water Resources Control Board or the California regional water quality control boards to prescribe general waste discharge requirements for agronomic applications of that sludge and the use of that sludge as a soil amendment or fertilizer. This bill,on or before January 1,2010,would require each local public agency to apply at least 75%of all sewage sludge generated by that local public agency to beneficial use,including electricity generation,composting,or other land applications.The bill would prohibit a local public agency from exporting sewage sludge generated by that local public agency to any other county,but would authorize the appropriate regional board to grant an exception to that prohibition if certain requirements are met. Vote: majority.Appropriation: no.Fiscal committee: yes. State-mandated local program: no.

SB 926	- 2 -
The people of the State of California do enact as follows: 1 SECTION 1. Section 40065 is added to the Public Resources 2 Code, to read: 3 40065. Notwithstanding any other provision of law, on or 4 before January 1, 2010, each local public agency shall apply at 5 least 75 percent of all sewage sludge generated by that local 6 public agency to beneficial use, including, but not limited to, 7 electricity generation, composting, or other land applications. 8 SEC. 2. Section 13228.17 is added to the Water Code, to read: 9 13228.17. (a) Notwithstanding any other provision of law, 10 but subject to subdivision (b), on and after January 1, 2006, no 11 local public agency may export sewage sludge generated by that 12 local public agency to any other county. 13 (b) The appropriate regional board may grant an exception to 14 the prohibition set forth in subdivision (a) only if the regional 15 board determines both of the following apply: 16 (1) There is no feasible option for disposal or reuse in the 17 county of origin. 18 (2) The local public agency seeking to export the sewage 19 sludge, and the county to which the sewage sludge is proposed to 20 be sent, agree with the regional board's decision to permit the 21 exportation.