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HomeMy WebLinkAboutMINUTES - 06032003 - C53 t TO: BOARD OF SUPERVISORS FROM: TRANSPORTATION WATER.INFRASTRUCTURE COMMITTEE DATE: TUNE 3, 2003 SUBJECT: OPPOSE ASSEMBLY BILL 1541 CONCERNING PENALTIES FOR WASTE DISCHARGE REQUIREMENTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. .Recommended Action: OPPOSE AB 1541 unless amended to eliminate penalties for failure to produce technical or monitoring reports on Public Warps construction and maintenance activities except for violations that pose a serious imminent health hazard or to define specific reports with clear and compelling public interest for which failure to submit would result in mandatory minimum penalty and to provide an administrative procedure for imposing penalties that is the same as that provided in Water Code Section 13385(i)(1)for failure to report waste discharge. II. Financial impact: If enacted,AB 1541 (Montanez)would impose a mandatory minimum penalty of$3,000 for each technical and/or monitoring report that is not submitted by, as required, by the Sate Water Resources Control Board or by a Regional Water Quality Control Board regardless of the degree of public interest. The financial impact is potentially significant with penalties dependant upon the administrative policy of the Regional Board. Continued on Attachment: SIGNATURE. _,,,�COMMENDATION OF COUNTY ADMTNIST T RECOMMENDATION OF BOARD CONIMITTE 4,A-PPROVE OTHER SIGNATURE(S): ACTION OF BOAR June 3, 2003 APPROVED A RECOMMENDED.X OTHER VOTE OF SUPERVISORS .,._ UNANIMOUS(ABSENT AYES: NOES: l hereby certify that this is a true and correct copy ABSENT: ABSTAIN: of an action taken and entered on the minutes of the Board of Supervisors on the date shown. RMA,sg G:1GrpD&v[lAdr(n\Mitch1bo12003\BO Aka 1541 6-3-03.doc Orig.Div: Public Works(Admin Svcs) ATTESTED: Contact: MCshAvalon(313_2203) ATTESTED: jure-3, 2W3 M Shiuten,ConWy Works Administrator John Sweeten, Clerk of the Board of Supervisors M.Shia,Public Works Dircetor G.Connaughton,Rood Control and County Administrator C.sellgran,Bliviron"utal S.Ganz,Corm=ty Develop utnt County Counsel By J , Deputy SUBJECT: OPPOSE ASSEMBLY BILL 1541 CONCERNING PENALTIES FOR WASTE DISCHARGE REQUIREMENTS DATE: MAY 6,2403 PAGE 2 III. Reasons for Recommendations and Backzround: The Porter Cologne Water Quality Control Act provides the statutory framework for water quality regulations in the state. Existing law provides for certain violations of waste discharge effluent limitations to be considered a "serious violation", These serious violations pertain to exceeding effluent limitations by 20% for Group 11 pollutants (certain metals and organics, cyanide, chlorine), or by 40% for more of Group I pollutants (oxygen demand, solids,nutrients, detergents, oils,minerals). Assembly Bill,AB 1541,introduced by Assembly Member Montanez would add paragraph(h)(2)(B)to Water Code Section 13385. For the purposed of this section, a"serious violation" also means a failure to file a report pursuant to Section 13267 or 13383. Paragraph(h)(1)of Section 13385,currently,imposes a mandatory minimum penalty(MMP)of$3,000 foreach "serious violation"of Section 13385 defined as a waste discharge that violates established effluent limitations. The language added by AB 1541 will subject public agencies to a MMP of$3,000 for failure to provide any report required by the regional board that is related to the review of a water quality control plan or waste discharge requirements pursuant to Section 13267 or discharges of dredged or fill material to navigable waters pursuant to Section 13383. The penalty will apply regardless of the nature or importance of the required report. Paragraph 13267(b)requires that the regional board present a written explanation and evidence supporting the need for reports and states that the cost of reports must bear a reasonable relationship to the need and the benefits to be obtained from the reports. Nevertheless, nothing in the Water Code precludes the regional board from requiring arbitrary or insignificant reports that would lead to the imposition of a MMI'upon failure of a public agency to make a submittal. This amendment could affect virtually all maintenance and construction activities performed by the Flood Control and Water Conservation District and the Public Works Department,as road projects often include some drainage feature that discharges into natural watercourse. To be acce table AB 1541 should identify s ecific reports with clear and cg=elling public interest that are considered "serious violation" subject to MMP for failure to submit. In addition, the proposed language for paragraph 13385(h)(2)(B)should reflect the same administrative process for imposing a MMP for violation of effluent limitations as contained in Section 13385 paragraph(i)(1),i.e.:"A mandatory minimum penalty ofthree thousand dollars ($3,000) shall be assessed for each violation whenever the person fails to file a report four or more times in any period of six consecutive months, except that the mandatory minimum penalty shall not be applicable to the first three violations." Alternatively, the elimination of MMPs for Public Works and Flood Control and Water Conservation District projects and activities would be acceptable. V. Consequences of Negative Action: Our opposition to AB 1541 without amendment would not be forwarded to Assemblymember Montanez.