949.489.7676

949.489.0150 (FAX)

TO: SCAP Member Agencies

FROM: Raymond C. Miller, Executive Director

DATE: March 31, 2005

This Alert is a follow-up to our Red Alert dated February 25, 2005. The Senate Bill 926 (Florez) introduced on February 22, 2005 would prohibit a public wastewater treatment agency from exporting biosolids processed by that agency to any other county unless an exception is granted by the Regional Water Quality Control Board and would require all public wastewater treatment agencies to manage 75% of the biosolids processed via beneficial uses by 2010.

The bill has been referred to the Senate Environmental Quality Committee and the hearing date is currently scheduled for April 11th. We are requesting that SCAP member agencies oppose this bill. Please take a moment today to write each member of the Committee and urge his or her strong opposition to SB 926. In writing your letters, it would be helpful to explain how the bill would negatively impact your agency. The list of Committee members is provided below. A sample letter is attached to this memo for your reference.

Members of the Senate Environmental Quality Committee

Please contact SCAP Biosolids Committee Chair Diane Gilbert at (213) 473-8554 or the SCAP office if you have any questions.

Date

The Honorable Alan Lowenthal, Chair
Senate Environmental Quality Committee
State Capitol
Sacramento, Ca 95814

Dear Senator Lowenthal:

Subject: SB 926 (Florez) - OPPOSE

I am writing on behalf of the {your agency name} to oppose SB 926, which would prohibit a local public agency from exporting biosolids to any other county after December 31, 2005. This bill is bad public policy, extremely expensive for the sanitation districts and is unachievable.

The {your agency name} serves more than {your agency information} residents and has a strong interest in maintaining the environmentally preferred option of beneficial use of biosolids for California's citizens.

By restricting most agriculture uses, SB 926 takes away most, if not all, of the state's beneficial reuse options. Very few agencies in California have the ability to manage all of their biosolids within their own county. Currently, over 75% of California's biosolids are managed by using out-of-county management options, including 15% transported out of state. Cities and sanitation districts in highly urbanized areas must manage virtually all of their biosolids out of county. If the provisions of SB 926 were to become law, {include your agencies information concerning tonnage and beneficial use options and how this bill would impact your operations}

The vast majority of California's counties currently do not and could not possibly have the capacity to manage biosolids generated within their county by the SB 926-imposed December 31, 2005 deadline. No matter what the time of a deadline, with very limited alternatives, local agencies will face drastically increased costs for the treatment of biosolids. {Include your agencies cost information for currently managing biosolids and the cost impact if this bill is passed.} It would also take several years to site, design and obtain entitlements for biosolids management facilities within {include your county}

Senator Alan Lowenthal
Page 2
March 31, 2005

The fact is that biosolids are being appropriately managed today. An Environmental Impact Report (EIR) produced by the California State Water Resources Control Board in 2004 clearly states this as true. All biosolids managed in California must be done in accordance with the Federal Clean Water Act and its supporting regulations commonly referred to as the "Section 503 Regulations." Most public agencies in California provide on-going staff oversight and inspections of the contractors and end-users employing biosolids for beneficial agronomic applications. In short, the citizens of California and its legislature can be confident that public health and the environment are being protected by appropriate regulations and practices.

Lastly, we are concerned that if the policy prohibiting exportation to another county is established in SB 926, what other types of county bans on interstate commerce will follow: green waste, manure, or hazardous waste? For these and many other reasons, we must oppose SB 926.

Thank you for your continued efforts to improve our environment and protect Californians. Please contact {your agency contact information} if you have any questions or comments about this letter.

Sincerely,