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SB-1208 Waste discharge permits: landfills.(2023-2024)

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Date Published: 07/03/2024 09:00 PM
SB1208:v97#DOCUMENT

Amended  IN  Assembly  July 03, 2024
Amended  IN  Senate  April 29, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1208

Introduced by Senator Padilla

February 15, 2024

An act to amend Section 40060 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 1208, as amended, Padilla. Waste discharge permits: landfills.
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act and the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act.
The California Integrated Waste Management Act of 1989 prohibits a regional water board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand, as specified. The act defines “landfill used for the disposal of nonhazardous solid waste” as a disposal site regulated by a regional water board as a Class III landfill, as provided.
This bill would additionally prohibit a regional water board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River, except as provided. The bill would also expand the definition of “landfill used for the disposal of nonhazardous solid waste” to also include a disposal site regulated by a regional water board as a Class II landfill, as provided. The bill would state that its provisions are severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares that the use of areas within the Tijuana River watershed for landfill disposal and related activities create the potential for pollution and other hazardous conditions that can adversely affect human health and the environment.

SEC. 2.

 Section 40060 of the Public Resources Code is amended to read:

40060.
 (a) (1) Notwithstanding any other law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, which is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand.
(2) (A) Notwithstanding any other law, and not subject to a variance, a regional water board shall not issue a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the new landfill is to be located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. This prohibition does not apply if both of the following conditions are satisfied:
(i) The Secretary for Environmental Protection makes written findings, based on clear and convincing evidence, and posts on the agency’s internet website, that the construction, operation, and closure or postclosure of a new nonhazardous solid waste landfill within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River will not harm or otherwise adversely affect the Tijuana River or areas tributary to the Tijuana River.
(ii) A regional water board makes a finding that the waste discharge requirements for the landfill protect water quality, meet water quality objectives, and protect beneficial uses.
(B) Subparagraph (A) shall does not apply to a public agency restoration and beneficial reuse project for abandoned sand and gravel mining quarries located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River.
(b) A regional water board, in a public meeting, may grant a variance from paragraph (1) of subdivision (a) if the applicant demonstrates and the regional water board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, “groundwater” means the uppermost aquifer usable for beneficial purposes.
(c) Nothing in this section precludes any This section does not preclude a local jurisdiction from exercising any power that it has pursuant to any other law.
(d) The following definitions govern the construction of this section:
(1) “Landfill used for the disposal of nonhazardous solid waste” means a disposal site regulated by a regional water board as a Class II or III landfill pursuant to Subchapter 2 (commencing with Section 20200) of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations.
(2) “Lateral expansion” means a new or expanded waste management unit that is not authorized on January 1, 1989, under existing waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code and an existing solid waste facility permit issued pursuant to this division. For purposes of subdivision (f), “lateral expansion” does not include a new or expanded waste management unit for which waste discharge requirements were issued by a regional water board before January 1, 1989, but were subject to review after that date pursuant to Section 13320 of the Water Code.
(e) The regional water board may hold a single hearing for purposes of granting a variance pursuant to subdivision (b) and establishing waste discharge requirements.
(f) Notwithstanding subdivision (b), a regional water board shall not grant a variance from paragraph (1) of subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within the boundaries of the Main San Gabriel Groundwater Basin. For purposes of this subdivision, the boundaries of the Main San Gabriel Groundwater Basin are the boundaries described in Exhibit A of the judgment in Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al., Case Number 924128 of the Superior Court for the County of Los Angeles.
(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.