AgdaPkt 2002-04-01 - Laserfiche WebLink

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Leglelatlve Bill Action ation, the city sells all or part of that territory, boards assess penalties for specified violations; the territory no longer owned by the city ceases the regional boards do not have any discretion. to be part of the city. This measure would pro- vide that territory annexed in this manner that is There are effluent limitations in many permits subsequently leased by the city for non-municipal that cannot be met 100 percent of the time, and uses shall cease to be part of the city. certain violations that do not pose a public health or environmental threat. Regional board officials According to the author's office, this measure have acknowledged that many of the financial originates with the author's concerns with an issuepenalties for permit violations are being imposed involving the City of Lodi. However, all cities areonly to comply with the mandatory minimum encouraged to carefully review SB 1717 with your penalty law, and that these discharges have little city attorney to determine its potential impact on or no water quality impact. Many local public your community. Many cities own land outside of agencies have been hit with sizeable mandatory their boundaries for municipal airports, sewage penalties. AB 2351 would maintain mandatory plants, water reservoirs, and other municipal uses.penalties for most violations, but allow exceptions Lands adjacent to runways may be leased to where the imposition of penalties would be unfair private businesses, etc. Furthermore, the bill or overly burdensome. (It should be noted that appears to apply retroactively, and not to leases because the existing mandatory minimum penalty entered into after the effective date of the bill. law does not apply to storm water permits, AB Staff: Dan Carrigg, Status: SenLG;Hrg-4/17, 2351 does not apply to storm water permits.) Position: Review and Comment. The League, CASA and the author's office have ENVIRONMENTAL met with representatives of the Water Board, industry and environmental groups to discuss the AB 2351 (Canciamilla). Water Quality. technical and policy aspects of this bill. In Civil Liability. AB 2351 revises the Mandatory response, the author is considering several amend- Minimum Penalty (MMP) provisions of the Water ments. Staff: Yvonne Hunter, Status: Code to ensure that municipalities and other AsEnvSafe&ToxMat, Position: SupportJCo-spon- NPDES-permit holders are not unfairly penalized sot. for violations that could not have been prevented and have minimal or no effect on water quality. AB 2351 is co-sponsored by the League of Califor- PUBLIC SAFETY nia Cities and the California Association of Sanita- AB 2133 (Goldber9). Law Enforcement. tion Agencies (CASA). Data Collection. AB 2133 requires the com- manding officer of each city and county law In the past, occasional violations of NPDES enforcement agency to prepare and submit an permits carried penalties only if there was a public annual report to his or her city council or board of health or water quality impact, or if the violationsupervisors that contains specific data related to represented a systemic problem at the wastewater motor vehicle stops, including driver race, age, treatment plant. SB 709, or the Clean Water and gender; issuance of citation or warning; type Enforcement and Pollution Prevention Act of of violation that precipitated the stop; and 1999, became law on January 1, 2000. The law vehicl~ ~earches. Staff: Natasha Fooman, Status: requires that the regional water quality control AsPubSfty, Position: Watch. Visit the League's Official Web Site--www. cacities.org PRIORITY FOCUS/PAGE 7