Bill Text: CA AB2601 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2601 (Prior Session Legislation)

Bill Title: Waste discharge permits: landfills: Mexico border.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2601 Detail]

Download: California-2021-AB2601-Amended.html

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2601

Introduced by Assembly Member Eduardo Garcia

February 18, 2022

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

LEGISLATIVE COUNSEL'S DIGEST

AB 2601, as amended, Eduardo Garcia. Waste discharge permits: ~~landfills.~~ landfills: Mexico border.

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 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, except as specified.~~ sand. Existing law authorizes a regional board to grant a variance from that prohibition under specified circumstances, except within the boundaries of the Main San Gabriel Groundwater Basin.

This bill would ~~make nonsubstantive changes and delete obsolete cross-references in those provisions of the California Integrated Waste Management Act of 1989.~~ additionally prohibit a regional 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 is located within 3 miles of the United States border with Mexico. The bill would prohibit a regional board from granting a variance from that prohibition. The bill would also delete obsolete cross-references.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

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

SECTION 1.

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

40060.

(a) 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, 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.~~ sand, or if the land is located within three miles of the United States border with Mexico.

(b) A regional water board, in a public meeting, may grant a variance from 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 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 III landfill.

(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 subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within three miles of the United States border with Mexico or 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.