Resolution No. 8725
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RESOLUTION NO. 8725
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON OPPOSING SENATE BILL 926 RELATING TO SEWAGE
SLUDGE MANAGEMENT
6 WHEREAS, Senate Bill 926 ("SB 926"), authored by Senator Dean
7 Florez, would require each local public agency to put at least 75
8 percent of all sewage sludge generated by that local agency to
9 beneficial use and would also prohibit a local public agency from
10 exporting biosolids processed by that agency to any other county; and
11 WHEREAS, biosolids are nutrient-rich organic material
12 resulting from the treatment of sewage sludge (which is the solid
13 byproduct of the wastewater treatment process), which can be safety
14 recycled and applied as soil conditioner to improve and maintain
15 healthy soils and stimulate plant growth; and
16 WHEREAS, opportunities for reuse and recycling of biosolids
17 occur most frequently in areas where agricultural activities are
18 concentrated and appropriate locations do not usually occur within
19 major urban areas; and
20 WHEREAS, SB 926 was scheduled to be heard by the Senate
21 Committee on Environmental Quality on April 11, 2005; and
22 WHEREAS, the City of Vernon is opposed to SB 926 because it
23 believes that the bill would (a) seriously impact local public agency
24 investments in beneficial reuse projects for biosolids and discourage
25 beneficial reuse and diversion from landfills, which could result in
26 unnecessary wastewater rate increases for Vernon citizens in order to
27 pay for the development of new options for biosolids management; (b)
28 impact the City by prohibiting intercounty shipments of biosolids and
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1 facilities/projects that would manage biosolids that come from other
2 counties; and (c) undermine and eliminate many existing and planned
3 beneficial use projects and, in conjunction with the intercounty
4 transport ban, create an undue hardship upon the City in complying
5 with the requirement to use only in-county facilities for biosolids
6 management to meet the 75 percent goal of putting the sewage sludge
7 generated by the City to beneficial use.
8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
9 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
11 finds and determines that the recitals contained hereinabove are true
12 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
14 states its opposition to SB 926 and directs the City Clerk, or his
15 designee, to send copies of this Resolution to the Governor, members
16 of the California Legislature who represent the City of Vernon,
17 members of the Senate Committee on Environmental Quality and other
18 interested parties.
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SECTION 3:
The City Clerk of the City of Vernon shall
20 certify to the passage of this resolution, and thereupon and
21 thereafter the same shall be in full force and effect.
22 APPROVED AND ADOPTED this 27th day of April, 2005.
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:;:"". LEONIS C. MA BURG, yor
ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 8725, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Wednesday,
and thereafter was duly signed by the Mayor of the City
8 April 27, 2005,
9 of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
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COUNTY SANITATION DISTRICTS
OF LOS ANGELES COUNTY
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1955 Workman Mill Road, Whittier, CA 90601-1400
Mailing Address: P.o. Box 4998, Whittier, CA 90607-4998
Telephone: (562) 699-7411 , FAX: (562) 699-5422
www.lacsd.org
JAMES F. STAHL
Chief Engineer and General Manager
March 29, 2005
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Boards of Directors
County Sanitation Districts
of Los Angeles County
Dear Directors:
Senate Bill 926 (Florez) - Oppose Position
At the March 23, 2005 Board meeting, the Directors present were briefed on Senate Bill
(SB) 926, authored by Senator Dean Florez of Shafter, California. Senate Bill 926 would prohibit
a local public agency from exporting biosolids processed by that agency to any other county.
As written, SB 926 would have serious adverse impacts on the Sanitation Districts'
program to beneficially reuse biosolids produced in the wastewater treatment process in an envi-
ronmentally sound and cost-effective manner. At present, approximately 98 percent of the biosolids
produced at Sanitation Districts' facilities are beneficially reused through a multi-faceted system
of biosolids management, including production of compost for agricultural and consumer use,
agricultural land application, and air pollution (NOx) reduction through use as a feedstock in a
cement kiln. However, most of these activities are located outside of Los Angeles CouJ;1ty. Addi-
tionally, the major new biosolids composting facilities the Districts are currently developing in
Kings County (Westlake Farms) and San Bernardino County (the Inland Empire Regional
Composting Facility developed in partnership with the Inland Empire Utilities Agency), would
also be adversely affected by this bill.
Consistent with the Resolution adopted on March 23, 2005 by District No.2 on behalf of
each of the Districts party to the Amended Joint Outfall Agreement, the Sanitation Districts are
opposing this bill and are sending letters to Senator Florez and to each member of the Senate
Committee on Environmental Quality, which currently is scheduled to hold a hearing on the bill
on Aprilll, 2005. I strongly urge each city to also write to the Committee and urge the members
to vote "no" on SB 926. Attached for your reference are a copy of the bill, the Resolution
adopted by District No.2, a sample opposition letter, a fact sheet on SB 926, and a roster of the
members of the Senate Committee on Environmental Quality. If you have any questions, please
call Steve Maguin or me at (562) 699-7411.
p;:?~
James F. Stahl
JFS: SNG:djm
Enclosures
cc: City Managers/City Administrators
o Recycled Papar
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SENATE BILL
No. 926
Introduced by Senator Florez
February 22, 2005
An act to add Section 40065 to the Public Resources Code, and to
add Section 13228.11 to the Water Code, relating to sewage sludge.
LEGISLATIVE COUNSEL'S DIGEST
SB 926, as introduced, Florez. Sewage sludge management.
Existing law, the California Integrated Waste Management Act of
1989, imposes requirements with respect to solid waste management
and solid waste disposal facilities. That act defines solid waste to
include dewatered, treated, and chemically fixed sewage sludge that is
not a hazardous waste. Existing law, the Porter-Cologne Water
Quality Control Act, requires the State Water Resources Control
Board or the California regional water quality control boards to
prescribe general waste discharge requirements for agronomic
applications of that sludge and the use of that sludge as a soil
amendment or fertilizer.
This bill, on or before January I, 2010, would require each local
public agency to apply at least 15% of all sewage sludge generated by
that local public agency to beneficial use, including electricity
generation, composting, or other land applications. The bill would
prohibit a local public agency from exporting sewage sludge
generated by that local public agency to any other county, but would
authorize the appropriate regional board to grant an exception to that
prohibition if certain requirements are met.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
8B 926
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The people of the State of California do enact asfollows:
1 SECTION 1. Section 40065 is added to the PUblic Resources
2 Code, to read:
3 40065. Notwithstanding any other provision of law, on or
4 before January 1,2010, each local public agency shall apply at
5 least 75 percent of all sewage sludge generated by that local
6 public agency to beneficial use, including,. but not limited to,
7 electricity generation, composting, or other land applications.
8 SEC. 2. Section 13228.17 is added to the Water Code, to read:
9 13228.17. (a) Notwithstanding any other provision of law,
10 but subject to subdivision (b), on and after January 1, 2006, no
11 local public agency may export sewage sludge generated by that
12 local public agency to any other county.
13 (b) The appropriate regional board may grant an exception to
14 the prohibition set forth in subdivision (a) only if the regional
15 board determines both of the following apply:
16 (I) There is no feasible option for disposal or reuse in the
17 county of origin.
18 (2) The local public agency seeking to export the sewage
19 sludge, and the county to which the sewage sludge is proposed to
20 be sent, agree with the regional board's decision to permit the
21 exportation.
COUNTY SANITATION DISTRICTS
OF LOS ANGELES COUNTY
1955 Workman Mill Road, Whittier, CA 90601-1400
Mailing Address: P.o. Box 4998, Whittier, CA 90607-4998
Telephone: (562) 699-7411, FAX: (562) 699-5422
www.lacsd.org
JAMES F. STAHL
Chief Engineer and General Manager
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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1, M. ALMA HORVATH, Secretary of the Board of Directors of County Sanitation
District No. 2 of Los Angeles County, do hereby certify that the foregoing is a true and
correct copy of the Resolution in Opposition to Senate dill (SB) 926 (Florei) unanimously
adopted by said Board ata regular meeting held March 23, 2005.
County Sanitation District No. 2 of Los Angeles County adopted this Resolution on
behalf of the Districts party to the Joint Outfall S~tem agreement, which includes portions
of unincorporated county areas and the following cities: "
Alhambra Hawthorne Pasadena
Arcadia Hermosa Beach Pico Rivera
Artesia Huntington Park Pomona
Azusa Industry Rancho Palos Verdes
Baldwin Park Inglewood Redondo Beach
Bell Irwindale Rolling Hills
Bell Gardens La Caiiada Flintridge Rolling Hills Estates
Bellflower La Habra Heights Rosemead
Bradbury La Mirada San Dimas
Carson La Puente San Gabriel
Cerritos La Verne San Marino
Claremont Lakewood Santa Fe Springs
Commerce Lawndale Sierra" Madre
Co~ton Lomita Si~l Hill
Covina Long Beach South El Monte
Cudahy Los Angeles City South Gate
Culver City LynwOOd South Pasadena
Diamond Bar Manhattan Beach Temple City
Downey Maywood Torrance
Duarte Monrovia Vernon
EI Monte Montebello Walnut
El Segundo Monterey Park West Covina
Gardena Norwalk Whittier
Glendora Palos Verdes Estates
Hawaiian Gardens Paramount
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Secretary to the Board
SEA L
o Recycled Paper
RESOLUTION IN OPPOSITION
TO SENATE BILL (SB) 926 (FLOREZ)
ADOPTED MARCH 23, 2005
WHEREAS, the County Sanitation Districts of Los Angeles County (Sanitation Districts)
were created under the County Sanitation District Act in 1923; and
WHEREAS, the Sanitation Districts jointly provide for the regional management of
approximately one-half of the solid waste disposal needs of Los Angeles County and serve the
wastewater disposal needs of over five million people; and the Sanitation Districts' service area
encompasses all or parts of 78 cities and unincorporated areas in the county; and
WHEREAS, biosolids are the safe, nutrient-rich natural byproduct of wastewater
treatment, which are highly processed and analyzed to ensure their safety; and
WHEREAS, in exercise of their authority in the area of wastewater management to
provide for the essential public service of management of the biosolids produced as a byproduct
of wastewater treatment, the Sanitation Districts have developed a multi-faceted system of
biosolids management including reuse through production of compost for agricultural and
consumer use, agricultural land application, and air pollutant reduction in a cement kiln, and
WHEREAS, the biosolids produced by the Sanitation Districts' wastewater treatment
plants and used for agricultural land application, compost and other activities meet all local, state,
and federal regulatory requirements for environmental protection; and
WHEREAS, the Sanitation Districts strive to promote reuse of biosolids to the maximum
extent feasible, and were a pioneer in biosolids reuse through a partnership that began in 1927
with Kellogg Supply, Inc., to recycle dried biosolids for agricultural use as well as to produce a
high quality compost product containing biosolids from the Joint Water Pollution Control Plant
for use by consumers both within and outside of Los Angeles County; and
WHEREAS, SB 926 would severely constrain the Sanitation Districts' ability to
maximize reuse and recycling of biosolids, opportunities for which occur most frequently in m:eas
where agricultural activities are concentrated; and
WHEREAS, SB 926 would prohibit the Sanitation Districts' use of biosolids
management facilities outside of Los Angeles County, thereby undermining the Districts' use of
several existing facilities in other counties and several new projects currently under development
in other counties; and
WHEREAS, SB 926 ignores the interdependencies of the various regions of California
on each other for the economic and social welfare of the population, including such activities as
energy production, oil refining, transportation (e.g. airports, ports), solid and hazardous waste
management, and interstate and international trade.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of County
Sanitation District No.2 of Los Angeles County, on behalf of all the Districts party to the
Amended Joint Outfall Agreement, strongly opposes SB 926 and directs the Chief Engineer and
General Manager to communicate this position of opposition to the Legislature and the Governor
of the State of California. .
SAMPLE LETTER OF OPPOSITION TO
SENATE BILL 926 (FLOREZ) (AS INTRODUCED)
[fill in date]
The Honorable Alan Lowenthal, Chair
Senate Committee on Environmental Quality
State Capitol Building, Room 2205
Sacramento, CA 95814
Dear Chairman Lowenthal:
Senate Bill 926 (Florez) (As Introduced) - Oppose Position
On behalf of the City of {fill in}, I am writing in opposition to SB 926 by Senator Dean
Florez, which is scheduled to be heard by the Senate Committee on Environmental Quality
on April 11, 2005. SB 926 would prohibit a public wastewater treatment agency from
exporting biosolids processed by that agency to any other county.
SB 926 would undermine significant local public agency investments in beneficial
reuse projects for biosolids, and would discourage beneficial reuse and diversion from
landfills, which is contrary to long-established state policy under AB 939. Additionally, S8
926 also has the potential to result in unnecessary wastewater rate increases for the citizens
of my city, in order to pay for the development of new options for biosolids management.
Finally, SB 926 is poor public policy because it ignores the interdependencies of the various
regions of California on each other for a wide variety of purposes. Because counties are not
sustainable within their borders, they must rely on the free flow of goods and services
across county lines. Examples of inter-county reliance include the shipment of raw materials
to urban manufacturing centers for the production of final goods and the transport of
overseas products from the receiving ports to various counties across the state. In short, SB
926 is not in the best interest of the people of {fill in name of City} or the people of the State
of California.
For all of these reasons, the City of {fill in} respectfully urges you to vote "NO" when
SB 926 is heard by the Senate Committee on Environmental Quality.
Sincerely,
{fill in}
cc: Committee Consultants and Members, Senate Committee on Environmental Quality
Senator Dean Florez
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Fact Sheet
SB 926 (Florez) (As Introduced)
Main Points reQardinQ 58 926
o Bill summary: As introduced, S8 926 would require each local public agency to put at least
75% of all sewage sludge generated by that local agency to beneficial use, including, but not limited
to, electricity generation, composting, or other land applications. The bill would also prohibit as of
Jan. 1,2006 the export of sewage sludge generated by the local. public agency to any other county.
Exceptions to this inter-county export prohibition may only be granted after certain findings are
made by the "appropriate regional board" (not defined), and the county to which the sewage sludge
is proposed to be sent agrees with the regional board's decision. It is our understanding that the
author intends to. amend the bill shortly to retain just the provisions prohibiting the export of sewage
sludge generated in one county to any other county, and that the rest of the bill will be deleted.
o The bill ignores the interdependencies of various regions of California on .each other
fora wide variety of purposes. Interstate and international trade, major transportation centers
(e.g. airports), solid and hazardous waste management, energy production and processing, and
food production and processing are all examples of areas in which different regions are inter-
dependent. It is bad public policy, and not in the public interest, to prohibit intercounty shipments of
. biosolids and facilities/projects that would manage biosolids that come from other counties.
o The bill would undermine and eliminate many (if not most) existing and planned
beneficial use projects, and there would be no way for many local public agencies to comply
with the requirement to use only in-county facilities for biosolids management. Therefore,
the 75% goal is likely unachievable, if imposed in conjunction with the intercounty transport
ban. Opportunities for reuse and recycling of biosolids occur most frequently in areas where
agricultural activities are concentrated. Appropriate locations do not usually occur within major
urban areas.
Backoround Points
o The U.S. EPA defines biosolids as the nutrient-rich organic material resulting from the
treatment of sewage sludge (which is the solid byproduct of the wastewater treatment process).
When treated and processed, sewage sludge becomes biosolids, which can be safely recycled and
applied as soil conditioner to sustainably improve and maintain healthy soils, and stimulate plant
growth.
o The Sanitation Districts produce approximately 600,000 wet tons of biosolids per year. The
vast majority of these biosolids (-98%) are beneficially reused through a multi-faceted system of
biosolids management including production of compost for agricultural and consumer use,
agricultural land application, and air pollution reduction through a cement kiln. Most of the current
and planned projects for biosolids reuse in which the Districts are participating are located outside
of Los Angeles County. .
o The biosolids produced by the Sanitation Districts' wastewater treatment plants meet all local,
state and federal regulatory requirements for environmental and human health protection.
o Senator Florez' bill appears to have been introduced as a result of his interest in having the
Kern County Board of Supervisors revise their local ordinance to ban biosolids land application in
Kern County. Senator Florez' interest in this topic appears to have begun as a result of concerns
expressed by the Kern County Water Agency over the City of Los Angeles' Green Acres Farm,
which the City purchased in 2000 for $9.6 million for biosolids management. The Water Agency's
concern is related to the fact that the farmland used by the City of LA for biosolids land application
overlies the Kern Water Bank (a conjunctive use project.) However, no scientific evidence has been
brought forward to substantiate the Water Agency's concerns, or indicate that current regulations
are not fully protective of groundwater.
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ROSTER
CALIFORNIA STATE SENATE
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
STATE CAPITOL, ROOM #
SACRAMENTO, CA 95814
Committee Members
Alan lowenthal, Chair
George Runner, Vice Chair
John Campbell
\ Wesley Chesbro
Dave Cox
Martha Escutia
Liz Figueroa
Sheila Kuehl
Joseph Simitian
Room
3048
4066
3056
5035
2068
5080
4061
5108
4062
Senate EQ Committee Consultant:
Randy Pestor
2055