HB1390 would authorize a specialized EPA Section 402 permit for discharges from the Point Loma Wastewater Treatment Plant, under certain conditions and to meet stricter water-quality requirements. The bill sets a framework that ties a permit to concrete, data-driven performance metrics and a long-term plan that could include potable reuse if permitted by regulators.
It also requires alignment with existing federal water-pollution controls, state concurrence, and comprehensive ocean-monitoring obligations.
At a Glance
What It Does
The Administrator may issue a Section 402 permit for the Point Loma discharge that establishes a deep-ocean outfall (minimum 300 feet) at least 4 miles offshore, and imposes firm limits on solids loading and pollutant removal, along with pretreatment and monitoring requirements.
Who It Affects
The Point Loma Wastewater Treatment Plant and its operator (City of San Diego), EPA, and California regulators, plus coastal communities and marine ecosystems impacted by discharge quality.
Why It Matters
It creates a tightly defined, enforceable pathway to improve coastal water quality and supports long-term water management goals, including potable reuse, through milestone-driven oversight and strict pretreatment and compliance obligations.
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What This Bill Actually Does
The bill authorizes a targeted permit pathway for the Point Loma Wastewater Treatment Plant under the federal Clean Water Act framework. It empowers the EPA Administrator to issue a 402 permit that requires maintaining a deep-ocean outfall, located at least 4 miles from shore, with a depth of 300 feet or more.
The permit sets ambitious numeric limits on pollutants—specifically total suspended solids and related parameters—and requires robust removal efficiencies across treatment processes. It also imposes adherence to secondary treatment standards and ensures state concurrence and ocean-discharge criteria are satisfied before issuing the permit.
The Five Things You Need to Know
The permit anchors a 300-foot deep, 4-mile offshore outfall baseline for Point Loma.
Annual total suspended solids are capped at 12,000 metric tons for the permit term, with reductions planned for 2029 and 2031 (11,500 and 9,942 respectively).
Not to exceed 60 mg/L total suspended solids as a 30-day average, with at least 80% TSS removal monthly and at least 58% BOD removal annually.
The permit must meet 304(d) secondary-treatment limits, include pretreatment program requirements, and obtain state concurrence and ocean-discharge criteria review.
If potable reuse is permitted, an 83 million gallons-per-day target must be demonstrated by 2039.
Section-by-Section Breakdown
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Short title
This Act may be cited as the Ocean Pollution Reduction Act II.
In General — Permit authority
Authorizes the Administrator to issue a permit under section 402 for a discharge from the Point Loma Plant, notwithstanding other provisions, to impose the required conditions described in subsection (b).
Conditions
The permit shall require (1) a deep-ocean outfall with a depth of at least 300 feet and located at least 4 miles from shore; (2) annual total suspended solids limits starting at 12,000 metric tons and stepping down to 11,500 by 2029 and 9,942 by 2031; (3) not more than 60 mg/L TSS as a 30-day average; (4) removal of at least 80% of TSS and at least 58% of BOD, considering upstream treatment; (5) attainment of other secondary-treatment limitations under 304(d); (6) compliance with 402 permit requirements, including 401 state concurrence and 403 ocean-discharge criteria; (7) pretreatment program requirements under 301(h) and 402(b)(8); (8) provision of 10 consecutive years of ocean monitoring data and an ongoing monitoring program meeting 301(h) requirements; and (9) an 83 million gallons per day potable reuse production target by 2039, if permitted.
Milestones
The Administrator must define development milestones to ensure compliance with Section 2 and include them as permit conditions before December 31, 2039.
Secondary Treatment
Nothing in this section prevents submitting an application that complies with secondary treatment under section 301(b)(1)(B) and 402, offering an alternative path to compliance.
Definitions
Defines Administrator (EPA Administrator), Biochemical Oxygen Demand, Point Loma Plant (the City of San Diego plant), and State (the State of California).
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Explore Environment in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- City of San Diego, owner-operator of the Point Loma Plant, gains a defined permitting pathway with measurable requirements.
- EPA and California environmental regulators gain a clear, enforceable framework and oversight routine.
- Coastal communities and the marine environment benefit from stringent effluent limits and monitoring.
- Regional water utilities and planners seeking potable reuse options gain a concrete target and data-driven path.
- Public health and downstream users benefit from higher quality discharges and better water management planning.
Who Bears the Cost
- City and ratepayers fund facility upgrades, monitoring programs, and compliance activities to meet the new permit conditions.
- Regulators incur additional workload for permit development, monitoring oversight, and data analysis.
- Upstream industries subject to pretreatment and water-quality program requirements incur compliance costs and operational adjustments.
- Infrastructure providers and contractors supporting monitoring, outfall maintenance, and data systems face increased demand and cost.
- Potential near-term capital expenditures to maintain or upgrade outfall and treatment processes.
Key Issues
The Core Tension
The central dilemma is balancing rigorous, data-driven environmental protections and a long-term potable reuse ambition with the realities of financing, technology readiness, and cross-agency coordination to implement and sustain these requirements.
The bill ties environmental protections to a concrete permitting process with long-term monitoring and a potable reuse target, introducing substantial data requirements and interagency coordination. The main analytical questions concern the feasibility of achieving the 2039 potable reuse target, the reliability and cost of the required 10-year ocean data baseline, and how milestones will be adapted if regulatory or technological conditions change.
The framework also presumes alignment among federal, state, and local agencies on 401/403 processes and pretreatment obligations, which historically can be a source of delay and renegotiation.
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