HomeMy WebLinkAbout1993-04-23; City Council; 12193; State AB 898 (hazardous substance exemption) sptSUPPORT FOR AB 898 HAZARDOUS
SUBSTANCE EXEMPTION
RECOMMENDED ACTION:
Authorize the Mayor to send a letter urging passage of AB 8'
in the legislature relieving a city of liability for was.
inappropriately disposed of in its storm or waste watl
treatment system.
ITEM EXPLANATION
In the past, a regional water quality control board, a sta. agency, has held a city responsible for cleanup costs fl waste inappropriately disposed of in its system.
Under existing law, the State Water Resources Control Board a regional water quality control board can order a locz
public entity to cleanup or abate the effects of ttwastell whic
it discharges into the surface water or groundwater. (Watc Code, S 13304.) I1Wastet1 includes sewage and all other was1
substances associated with human habitation or of animz origin or from a production, manufacturing or processii operation. (Water Code, S 13050(d).) The regional board ci
decide to perform the cleanup and recover the costs of tl: cleanup in a civil action against the City. (Water Code,
This bill would eliminate the power of the State Watt
Resources Control Board or a regional board to order a locz
public entity to cleanup or abate the effects of tgwastett :
the local public entity operates publicly owned treatmei
works, has a national pollutant discharge elimination systt (NPDES) permit, and is in compliance with the permit prograr
FISCAL IMPACT
Passage of the legislation would eliminate potential liabilit for the City in these circumstances.
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