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HomeMy WebLinkAboutOCSD 05-11RESOLUTION NO. OCSD 05-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT IN OPPOSITION TO SENATE BILL 926 (FLOREZ)- BIOSOLIDS MANAGEMENT WHEREAS, biosolids are the residual product of municipal wastewater processing which have been extensively and properly treated so that they may be safely recycled to amend soil rather than take up limited landfill space; and, WHEREAS, in September 2002, the Orange County Sanitation District (Sanitation District) passed a resolution that adopted a biosolids policy that supports the beneficial use of its biosolids; and, WHEREAS, the Sanitation District produces approximately 240,000 tons per year of biosolids at its two wastewater treatment plants and has successfully recycled all the material since 1991 in compliance with all federal, state, and local regulations; and, WHEREAS, the United States Environmental Protection Agency (USEPA) has adopted detailed and scientifically sound rules regulating the production and use of biosolids [40 Code of Federal Regulations Part 503 (Part 503 Rule)]. The Part 503 Rule is continually evaluated and updated by the USEPA and others to assure the safe and beneficial use of biosolids when properly managed in accordance with the rule; and, WHEREAS, in July of 2004, the California State Water Resources Control Board certified a Final Program Environmental Impact Report that determined the beneficial use of biosolids through land application under their General Order regulation is environmentally sound and preferable to non-beneficial disposal; and, WHEREAS, it is the law of the State of California that municipalities divert recyclable materials from disposal in landfills in order to achieve a 50% waste diversion by Year 2000 (Assembly Bill 939); and, WHEREAS, SB 926 ignores the inter-reliance of California's counties on one another. Biosolids are beneficially used in Kern County because Kern County has arid land that can be turned into useful agricultural land with biosolids, likewise Kern County relies on cities manage hazardous and other wastes, because Kern does not have the facilities needed to do so; and, WHEREAS, having diverse biosolids management options available is necessary in order to enable California's municipalities to effectively manage their biosolids in an environmentally sensitive and cost effective manner; and, WHEREAS, the District desires to maintain a diverse program of biosolids management, including the application to agricultural land in California and Arizona, consistent with the District's mission to protect public health and the environment through excellence in wastewater systems; and, WHEREAS, the intent of SB 926 is to provide special State legislative authority to Kern County to ban the importation and land application of biosolids that is beyond that possessed by other counties in California; and, WHEREAS, On May 10, 2005, Kern County counsel instructed the Kern County Board of Supervisors that the Board has the legal authority to enact an ordinance banning the land application of biosolids without the passage of SB 926; and, WHEREAS, the legislative findings contained in SB 926 are inaccurate and misleading and severely undermines the concept of biosolids recycling, which is essential if California is to beneficially reuse biosolids in a manner similar to what is being done in other progressive regions of the nation; and, WHEREAS, SB 926 would end the Sanitation District's biosolids management operations in Kern County where over 30% of its biosolids are currently being recycled. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1 : The Sanitation District declares its full opposition to SB 926 (Florez) that would ban the land application of biosolids in unincorporated Kern County. Section 2: adoption. This Resolution shall become effective immediately upon its PASSED AND ADOPTED at a regular meeting of the Board of Directors held on the 25th day of May, 2005. Chair H:\deptlts\620\baroldil\Resountion 05-XX Biosolids.doc '-' ' ., .... ,, . ,. ' .. : ,J -;, .· r A • • \ . \; . . .... .. ' ",! '}- ,. I 1' \J ·~ l.. '