AB 1200
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 1200 (Ma) – As Amended: April 15, 2011
SUBJECT: Combined Sewage and Stormwater Systems.
SUMMARY: Requires combined sewer and stormwater (CSS) systems to report sewage spills
to the California Emergency Management Agency (CalEMA) and the State Water Resources
Control Board (SWRCB). Specifically, this bill:
1) Requires CSS systems to report sewage discharges to CalEMA in those cases where waste is
untreated or is only subject to primary treatment.
2) Requires the SWRCB to establish a reporting and public information system for discharges
from CSS systems. Requires the SWRCB, in consultation with local governments and public
interest groups, to develop a uniform CSS overflow event report form to be used for
reporting sewer system overflows from CCSs.
3) Provides that this reporting system will become effective on January 1st, of the year that the
Legislature appropriates sufficient funds for the CCS program.
4) Requires the CSS reporting form adopted by the SWRCB to include, at a minimum, the
following information:
a) The cause of the overflow, including, but not limited to, the amount of any rainfall that
may have contributed to the overflow.
b) An estimate of the volume of the overflow event.
c) The location of the overflow event. Sufficient information shall be provided to determine
location for purposes of GIS mapping, such as specific street address or the latitude and
longitude of the event.
d) The date, time, and duration of the overflow event.
e) Whether or not a beach closure occurred or may have occurred as a result of the
overflow.
f) The name, address, and telephone number of the system owner or operator and a specific
contact name.
5) Provides that all reporting of sewage releases by the CCS includes those qualities of waste
authorized under a discharge permit.
EXISTING LAW:
1) Under the Porter-Cologne Water Quality Control Act, requires any person who causes or
permits any hazardous substance or sewage to be discharged in or on any state waters to
immediately notify the CalEMA. Requires CalEMA to immediately notify the appropriate
regional water quality control board (RWQCB), local health officer, and administrator of
environment health. SWRCB must adopt regulations establishing reportable quantities of
sewage for purposes of this requirement.
AB 1200
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2) Under Community Facilities Law (general provisions with respect to sewers), requires the
State Department of Public Health (DPH) or any local health officer to order contamination
to be abated. When DPH finds that a pollution or nuisance exists, the condition must be
referred by DPH to the RWQCB with any recommendations for correction.
3) Requires local sanitary system owners and operators to report sewer system overflows to the
RWQCB and include detailed information about the overflow, including location, cause, and
environmental effects.
FISCAL EFFECT: Not Known
COMMENTS:
Need for the bill: According to the author, "Assembly Bill 1200 was introduced in the midst of a
wet rain year that led to 226 million gallons of combined sewage and stormwater discharged by
San Francisco in the month of December, 2010. AB 1200 closes a loophole in current law that
exempts combined systems from timely public notification and disclosure procedures.
"AB 1200 ensures that San Francisco lives up to its historic leadership role of environmental
stewardship," said Assemblywoman Ma. "This bill will make us lead by example. We've been
flushing our toilets into the bay and ocean and people have a right to know when the water is
polluted as soon as possible."
San Francisco's combined sewer system: According to the SWRCB, conventional storm water is
managed using a centralized approach; storm water is funneled through various catchments (i.e.
storm drains) and conveyance systems.
In older cities, combined sewer and storm systems may be routed to a waste water treatment
plant for treatment, however in most California cities and towns storm water is discharged
directly into streams, bays, estuaries, and other local bodies of water though storm water outlets.
Combined sewer and storm systems were very common prior to the early 1900s, e.g. older parts
of Sacramento and San Francisco have combined sewer and storm systems. These combined
sewer and storm water systems can overflow during storm events causing untreated sewage and
storm water to flow directly into nearby water bodies, thus resulting in violations of municipal
National Pollutant Discharge Elimination System (NPDES) permits and causing harm to aquatic
life and humans. Separate sanitary sewer systems also have the potential to overflow during high
storm events due to system leaks and groundwater infiltration. Both combined storm and sewer,
and separate sewer overflows are regulated under Municipal NPDES Permits.
According to the San Francisco Public Utilities Commission, which operated the San Francisco
combines sewer system," in cases of a combines sewer discharge (CSD), a discharge of
wastewater from an undesignated location into receiving waters, would be required to report “not
later than two (2) hours after becoming aware of the discharge to the State Office of Emergency
Services, the local health officers or directors of environmental health with jurisdiction over the
affected water bodies, and the Regional Water Board."
REGISTERED SUPPORT / OPPOSITION:
Support
AB 1200
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San Francisco Baykeeper
Opposition
San Francisco Public Utilities Commission
California Association of Sanitation Agencies
Analysis Prepared by:
Bob Fredenburg / E.S. & T.M. / (916) 319-3965