Cal. HSC § 42705.7 — California Code / Code hsc / Division 26 / Part 4 / Chapter 5 / Section 42705.7
Section 42705.7
Status: in_force

(a) For purposes of this section, the following definitions apply:

(1) “Wastewater treatment facility” means a wastewater treatment or reclamation facility that comes within both of the following descriptions:

(A) Is located within 1,500 feet of a residential neighborhood.

(B) Has an original design capacity of 425,000,000 gallons or more per day.

(2) “Wastewater treatment-related fence-line monitoring system” means equipment that measures and records air pollutant concentrations at or adjacent to a wastewater treatment facility and that may be useful for detecting or estimating emissions of pollutants from the treatment facility, including the quantity of fugitive emissions and other air emissions, and meets the minimum requirements of the appropriate air quality management district.

(b) (1) On or before January 1, 2027, the owner or operator of a wastewater treatment facility shall develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system that is approved by the appropriate air quality management district. The wastewater treatment-related fence-line monitoring system shall include equipment capable of measuring pollutants of concern, including hydrogen sulfide, emitted to the atmosphere from wastewater treatment or reclamation processes that the appropriate air quality management district deems appropriate for monitoring.

(2) Nothing in this section shall be construed as altering the responsibility of an owner or operator of a wastewater treatment facility to not exceed the limits for nitrogen oxides and volatile organic compounds established in existing air quality regulations, as determined by source tests required to be conducted by the operator or conducted by the appropriate air quality management district. Source testing by the owner or operator, or a contractor, shall be conducted pursuant to a protocol approved by the appropriate air quality management district.

(c) (1) The owner or operator of a wastewater treatment facility shall collect real-time data from the wastewater treatment-related fence-line monitoring system, shall maintain records of that data, and shall transmit the data to the appropriate air quality management district.

(2) The air quality management district and the owner or operator of a wastewater treatment facility shall maintain records of data from a wastewater treatment-related fence-line monitoring system for at least three years. To the extent feasible, the data generated by wastewater treatment-related fence-line monitoring systems shall be provided to the public by the owner or operator of a wastewater treatment facility in a publicly accessible format that provides a real-time data display.

(d) The owner or operator of a wastewater treatment facility shall be responsible for all of the following costs:

(1) The costs associated with development, installation, maintenance, and operation of a wastewater treatment-related fence-line monitoring system and source testing at the wastewater treatment facility.

(2) The costs associated with providing the data to the air quality management district and the public as required pursuant to subdivision (c).

(3) All costs incurred by the air quality management district related to the wastewater treatment-related fence-line monitoring system and source testing at the wastewater treatment facility, including, but not limited to, any costs to review and approve a wastewater treatment-related fence-line monitoring system plan, review documentation, identify appropriate pollutants to monitor, and collect, process, analyze, and store samples and data.