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 introduced, Padilla. Waste discharge permits: landfills.
Under existing law, the State Water Resources Control Board and the 9 California re gional water quality control boards re gulate 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 e xpansion of an e xisting landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at an y time for the mining or e xcavation of gra vel 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 w ould additionally prohibit a re gional w ater board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid w aste if the land is located within the Tijuana River National Estuarine Research Reserv e or within an area that is trib utary to the Tijuana River. The bill w ould also e xpand 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.
99 Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that the use line 2 of areas within the Tijuana River watershed for landfill disposal line 3 and related activities create the potential for pollution and other line 4 hazardous conditions that can adversely affect human health and line 5 the environment.
line 6 SEC. 2. Section 40060 of the Public Resources Code is line 7 amended to read:
line 8 40060. (a) (1) Notwithstanding any other provision of law, a line 9 regional water board shall not issue a w aste discharge permit for line 10 a new landfill, or a lateral expansion of an existing landfill, which line 11 is used for the disposal of nonhazardous solid waste if the land has line 12 been primarily used at an y time for the mining or e xcavation of line 13 gravel or sand.
line 14 (2) Notwithstanding any other law, and not subject to a variance, line 15 a regional water board shall not issue a waste disc harge permit line 16 for a ne w landfill that is used for the disposal of nonhazar dous line 17 solid waste if the new landfill is to be located within the Tijuana line 18 River National Estuarine Research Reserve or within an area that line 19 is tributary to the Tijuana River.
line 20 (b) A regional water board, in a public meeting, may grant a line 21 variance from paragraph (1) of subdivision (a) if the applicant line 22 demonstrates and the re gional w ater quality control board line 23 determines that the discharges to a new facility or expansion of an line 24 existing facility during its operation and postclosure period will line 25 not pollute or threaten to pollute the waters of the state. In deciding line 26 whether to grant a variance, the regional water board shall consider, line 27 among other f actors, site characteristics, including permeability line 28 and transmissivity of the underlying soils and depth to groundwater. line 29 For the purpose of this section, “groundw ater” means the line 30 uppermost aquifer usable for beneficial purposes. line 31 (c) Nothing in this section precludes any local jurisdiction from line 32 exercising an y po wer which that it has pursuant to an y other line 33 provision of law.
line 34 (d) The following definitions go vern the construction of this line 35 section:
99 — 2 — SB 1208
line 1 (1) “Landfill used for the disposal of nonhazardous solid waste” line 2 means a disposal site regulated by a regional water board as a Class line 3 II or III landfill pursuant to Sections 2533 and 2541 of Subchapter line 4 2 (commencing with Section 20200) of Chapter 3 of Subdivision line 5 1 of Division 2 of Title 23 27 of the California Code of Regulations. line 6 (2) “Lateral e xpansion” means a ne w or e xpanded w aste line 7 management unit which that is not authorized on January 1, 1989, line 8 under existing waste discharge requirements issued pursuant to line 9 Division 7 (commencing with Section 13000) of the Water Code line 10 and an existing solid waste facility permit issued pursuant to this line 11 title. division. For purposes of subdivision (f), “lateral expansion” line 12 does not include a ne w or expanded waste management unit for line 13 which w aste discharge requirements were issued by a re gional line 14 water board before January 1, 1989, b ut were subject to re view line 15 after that date pursuant to Section 13320 of the Water Code. line 16 (e) The re gional w ater board may hold a single hearing for line 17 purposes of granting a v ariance pursuant to subdi vision (b) and line 18 establishing waste discharge requirements.
line 19 (f) Notwithstanding subdivision (b), a regional water board shall line 20 not grant a variance from paragraph (1) of subdivision (a) if the line 21 variance is for a new landfill, or a lateral expansion of an existing line 22 landfill, located within the boundaries of the Main San Gabriel line 23 Groundwater Basin. F or purposes of this subdi vision, the line 24 boundaries of the Main San Gabriel Groundw ater Basin are the line 25 boundaries described in Exhibit A of the judgment in Upper San line 26 Gabriel Valley Municipal Water District v. City of Alhambra, et line 27 al., Case Number 924128 of the Superior Court for the County of line 28 Los Angeles.
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