CCLME.ORG - WC Chapter 5.6 (commencing with WC 13390)
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State
California
WC Sec 13390-13396.9 BAY PROTECTION AND TOXIC CLEANUP (WATER QUALITY)

WATER CODE
SECTION 13390-13396.9





13390. It is the intent of the Legislature that the state board and
the regional boards establish programs that provide maximum
protection for existing and future beneficial uses of bay and
estuarine waters, and that these programs include a plan for remedial
action at toxic hot spots. It is also the intent of the Legislature
that these programs further compliance with federal law pertaining
to the identification of waters where the protection and propagation
of shellfish, fish, and wildlife are threatened by toxic pollutants
and contribute to the development of effective strategies to control
these pollutants. It is also the intent of the Legislature that
these programs be structured and maintained in a manner which allows
the state board and the regional boards to make maximum use of any
federal funds which may be available for any of the purposes
specified in this chapter.



13391. (a) The state board shall formulate and adopt a water
quality control plan for enclosed bays and estuaries, which shall be
known as the California Enclosed Bays and Estuaries Plan, in
accordance with the procedures established by this division for
adopting water quality control plans.
(b) As part of its formulation and adoption of the California
Enclosed Bays and Estuaries Plan, the state board shall review and
update the Water Quality Control Policy for Enclosed Bays and
Estuaries of California, as adopted in 1974 pursuant to Article 3
(commencing with Section 13140) of Chapter 3, and incorporate the
results of that review and update in the California Enclosed Bays and
Estuaries Plan.
(c) State and regional offices, departments, boards and agencies
shall fully implement the California Enclosed Bays and Estuaries
Plan. Pending adoption of the California Enclosed Bays and Estuaries
Plan by the state board, state and regional offices, departments,
boards and agencies shall fully implement the Water Quality Control
Policy for Enclosed Bays and Estuaries of California.
(d) Each regional board shall review and, if necessary, revise
waste discharge requirements that are inconsistent with those
policies and principles.


13391.5. The definitions in this section govern the construction of
this chapter.
(a) "Enclosed bays" means indentations along the coast which
enclose an area of oceanic water within distinct headlands or harbor
works. "Enclosed bays" include all bays where the narrowest distance
between the headlands or outermost harbor works is less than 75
percent of the greatest dimension of the enclosed portion of the bay.
"Enclosed bays" include, but are not limited to, Humboldt Bay,
Bodega Harbor, Tomales Bay, Drake's Estero, San Francisco Bay, Morro
Bay, Los Angeles-Long Beach Harbor, Upper and Lower Newport Bay,
Mission Bay, and San Diego Bay. For the purposes of identifying,
characterizing, and ranking toxic hot spots pursuant to this chapter,
Monterey Bay and Santa Monica Bay shall also be considered to be
enclosed bays.
(b) "Estuaries" means waters, including coastal lagoons, located
at the mouths of streams which serve as mixing zones for fresh and
ocean waters. Coastal lagoons and mouths of streams which are
temporarily separated from the ocean by sandbars shall be considered
as estuaries. Estuarine waters shall be considered to extend from a
bay or the open ocean to a point upstream where there is no
significant mixing of fresh water and sea water. Estuarine waters
include, but are not limited to, the Sacramento-San Joaquin Delta, as
defined in Section 12220, Suisun Bay, Carquinez Strait downstream to
the Carquinez Bridge, and appropriate areas of the Smith, Mad, Eel,
Noyo, Russian, Klamath, San Diego, and Otay Rivers.
(c) "Health risk assessment" means an analysis which evaluates and
quantifies the potential human exposure to a pollutant that
bioaccumulates or may bioaccumulate in edible fish, shellfish, or
wildlife. "Health risk assessment" includes an analysis of both
individual and population wide health risks associated with
anticipated levels of human exposure, including potential synergistic
effects of toxic pollutants and impacts on sensitive populations.
(d) "Sediment quality objective" means that level of a constituent
in sediment which is established with an adequate margin of safety,
for the reasonable protection of the beneficial uses of water or the
prevention of nuisances.
(e) "Toxic hot spots" means locations in enclosed bays, estuaries,
or any adjacent waters in the "contiguous zone" or the "ocean," as
defined in Section 502 of the Clean Water Act (33 U.S.C. Sec. 1362),
the pollution or contamination of which affects the interests of the
state, and where hazardous substances have accumulated in the water
or sediment to levels which (1) may pose a substantial present or
potential hazard to aquatic life, wildlife, fisheries, or human
health, or (2) may adversely affect the beneficial uses of the bay,
estuary, or ocean waters as defined in water quality control plans,
or (3) exceeds adopted water quality or sediment quality objectives.

(f) "Hazardous substances" has the same meaning as defined in
subdivision (h) of Section 25281 of the Health and Safety Code.



13392. The state board and the regional boards, in consultation
with the State Department of Health Services and the Department of
Fish and Game, shall develop and maintain a comprehensive program to
(1) identify and characterize toxic hot spots, as defined in Section
13391.5, (2) plan for the cleanup or other appropriate remedial or
mitigating actions at the sites, and (3) amend water quality control
plans and policies to incorporate strategies to prevent the creation
of new toxic hot spots and the further pollution of existing hot
spots. As part of this program, the state board and regional boards
shall, to the extent feasible, identify specific discharges or waste
management practices which contribute to the creation of toxic hot
spots, and shall develop appropriate prevention strategies,
including, but not limited to, adoption of more stringent waste
discharge requirements, onshore remedial actions, adoption of
regulations to control source pollutants, and development of new
programs to reduce urban and agricultural runoff.




13392.5. (a) Each regional board that has regulatory authority for
one or more enclosed bays or estuaries shall, on or before January
30, 1994, develop for each enclosed bay or estuary, a consolidated
data base which identifies and describes all known and potential
toxic hot spots. Each regional board shall, in consultation with the
state board, also develop an ongoing monitoring and surveillance
program that includes, but is not limited to, the following
components:
(1) Establishment of a monitoring and surveillance task force that
includes representation from agencies, including, but not limited
to, the State Department of Health Services and the Department of
Fish and Game, that routinely monitor water quality, sediment, and
aquatic life.
(2) Suggested guidelines to promote standardized analytical
methodologies and consistency in data reporting.
(3) Identification of additional monitoring and analyses that are
needed to develop a complete toxic hot spot assessment for each
enclosed bay and estuary.
(b) Each regional board shall make available to state and local
agencies and the public all information contained in the consolidated
data base, as well as the results of new monitoring and surveillance
data.


13392.6. (a) On or before July 1, 1991, the state board shall adopt
and submit to the Legislature a workplan for the adoption of
sediment quality objectives for toxic pollutants that have been
identified in known or suspected toxic hot spots and for toxic
pollutants that have been identified by the state board or a regional
board as a pollutant of concern. The workplan shall include
priorities and a schedule for development and adoption of sediment
quality objectives, identification of additional resource needs, and
identification of staff or funding needs. The state board is not
prohibited from adopting sediment quality objectives in the workplan
for a constituent for which the workplan identifies additional
research needs.
(b) In preparing the workplan pursuant to subdivision (a), the
state board shall conduct public hearings and workshops and shall
consult with persons associated with municipal discharges, industrial
discharges, other public agencies, research scientists, commercial
and sport fishing interests, marine interests, organizations for the
protection of natural resources and the environment, and the general
public.



13393. (a) The state board shall adopt sediment quality objectives
pursuant to the workplan submitted pursuant to Section 13392.6.
(b) The state board shall adopt the sediment quality objectives
pursuant to the procedures established by this division for adopting
or amending water quality control plans. The sediment quality
objectives shall be based on scientific information, including, but
not limited to, chemical monitoring, bioassays, or established
modeling procedures, and shall provide adequate protection for the
most sensitive aquatic organisms. The state board shall base the
sediment quality objectives on a health risk assessment if there is a
potential for exposure of humans to pollutants through the food
chain to edible fish, shellfish, or wildlife.
(c) (1) Notwithstanding subdivision (a), in adopting sediment
quality objectives pursuant to this section, the state board shall
consider the federal sediment criteria for toxic pollutants that are
being prepared, or that have been adopted, by the Environmental
Protection Agency pursuant to Section 1314 of Title 33 of the United
States Code.
(2) If federal sediment criteria have been adopted, the state
board shall review the federal sediment criteria and determine if the
criteria meet the requirements of this section. If the state board
determines that a federal sediment criterion meets the requirements
of this section, the state board shall adopt the criterion as a
sediment quality objective pursuant to this section. If the state
board determines that a federal sediment criterion fails to meet the
requirements of this section, the state board shall adopt a sediment
quality objective that meets the requirements of this section.



13393.5. On or before January 30, 1994, the state board, in
consultation with the State Department of Health Services and the
Department of Fish and Game, shall adopt general criteria for the
assessment and priority ranking of toxic hot spots. The criteria
shall take into account the pertinent factors relating to public
health and environmental quality, including, but not limited to,
potential hazards to public health, toxic hazards to fish, shellfish,
and wildlife, and the extent to which the deferral of a remedial
action will result, or is likely to result, in a significant increase
in environmental damage, health risks, or cleanup costs.




13394. On or before January 1, 1998, each regional board shall
complete and submit to the state board a toxic hot spots cleanup
plan. On or before June 30, 1999, the state board shall submit to
the Legislature a consolidated statewide toxic hot spots cleanup
plan. The cleanup plan submitted by each regional board and the
state board shall include, but not be limited to, the following
information:
(a) A priority ranking of all hot spots, including the state board'
s recommendations for remedial action at each toxic hot spot site.
(b) A description of each hot spot site including a
characterization of the pollutants present at the site.
(c) An estimate of the total costs to implement the plan.
(d) An assessment of the most likely source or sources of
pollutants.
(e) An estimate of the costs that may be recoverable from parties
responsible for the discharge of pollutants that have accumulated in
sediment.
(f) A preliminary assessment of the actions required to remedy or
restore a toxic hot spot.
(g) A two-year expenditure schedule identifying state funds needed
to implement the plan.
(h) A summary of actions that have been initiated by the regional
board to reduce the accumulation of pollutants at existing hot spot
sites and to prevent the creation of new hot spots.
(i) The plan submitted by the state board shall include findings
and recommendations concerning the need for establishment of a toxic
hot spots cleanup program.



13394.5. The state board, as part of the annual budget process,
shall prepare and submit to the Legislature a recommended annual
expenditure plan for the implementation of this chapter.



13394.6. (a) The state board shall establish an advisory committee
to assist in the implementation of this chapter. The members of the
advisory committee shall be appointed by the state board to represent
all of the following interests:
(1) Trade associations whose members are businesses that use the
bay, estuaries, and coastal waters of the state as a resource in
their business activities.
(2) Dischargers required to pay fees pursuant to Section 13396.5.

(3) Environmental, public interest, public health, and wildlife
conservation organizations.
(b) The members of the advisory committee shall select a member as
the chairperson of the committee. The chairperson shall convene
meetings of the committee every three months in any calendar year.
The members of the advisory committee shall serve without
compensation.
(c) The advisory committee shall have access to all information
and documents, except for internal communications, that are prepared
to implement this chapter and may provide the state board with its
views on how that information should be interpreted and used.



13395. Each regional board shall, within 120 days from the ranking
of a toxic hot spot, initiate a reevaluation of waste discharge
requirements for dischargers who, based on the determination of the
regional board, have discharged all or part of the pollutants which
have caused the toxic hot spot. These reevaluations shall be for the
purpose of ensuring compliance with water quality control plans and
water quality control plan amendments. These reevaluations shall be
initiated according to the priority ranking established pursuant to
subdivision (a) of Section 13394 and shall be scheduled so that, for
each region, the first reevaluation shall be initiated within 120
days from, and the last shall be initiated within one year from, the
ranking of the toxic hot spots. The regional board shall,
consistent with the policies and principles set forth in Section
13391, revise waste discharge requirements to ensure compliance with
water quality control plans and water quality control plan
amendments adopted pursuant to Article 3 (commencing with Section
13240) of Chapter 4, including requirements to prevent the creation
of new toxic hot spots and the maintenance or further pollution of
existing toxic hot spots. The regional board may determine it is not
necessary to revise a waste discharge requirement only if it finds
that the toxic hot spot resulted from practices no longer being
conducted by the discharger or permitted under the existing waste
discharge requirement, or that the discharger's contribution to the
creation or maintenance of the toxic hot spot is not significant.




13395.5. The state board may enter into contracts and other
agreements for the purpose of evaluating or demonstrating methods for
the removal, treatment, or stabilization of contaminated bottom
sediment. For the purpose of preparing health risk assessments
pursuant to Section 13393, the state board shall enter into contracts
or agreements with the State Department of Health Services, or with
other state or local agencies, subject to the approval of the State
Department of Health Services. The costs incurred for work conducted
by other state agencies, including, but not limited to, the State
Department of Health Services and the Department of Fish and Game,
pursuant to this chapter shall be reimbursed according to the terms
of an interagency agreement between the state board and the agency.




13396. No person shall dredge or otherwise disturb a toxic hot spot
site that has been identified and ranked by a regional board without
first obtaining certification pursuant to Section 401 of the Clean
Water Act (33 U.S.C. Sec. 1341) or waste discharge requirements.
The state board and any regional board to which the state board has
delegated authority to issue certification shall not waive
certification for any discharge resulting from the dredging or
disturbance unless waste discharge requirements have been issued. If
the state board or a regional board does not issue waste discharge
requirements or a certification within the period provided for
certification under Section 401 of the Clean Water Act. The
certification shall be deemed denied without prejudice. On or after
January 1, 1993, the state and regional boards shall not grant
approval for a dredging project that involves the removal or
disturbance of sediment which contains pollutants at or above the
sediment quality objectives established pursuant to Section 13393
unless the board determines all of the following:
(a) The polluted sediment will be removed in a manner that
prevents or minimizes water quality degradation.
(b) Polluted dredge spoils will not be deposited in a location
that may cause significant adverse effects to aquatic life, fish,
shellfish, or wildlife or may harm the beneficial uses of the
receiving waters, or does not create maximum benefit to the people of
the state.
(c) The project or activity will not cause significant adverse
impacts upon a federal sanctuary, recreational area, or other waters
of significant national importance.



13396.6. No fees may be imposed pursuant to Section 13396.5 on
dischargers who discharge into enclosed bays, estuaries, or adjacent
waters in the contiguous zone or the ocean from lands managed solely
to provide habitat for waterfowl and other water-dependent wildlife.



13396.7. (a) The state board, in consultation with the State
Department of Health Services, shall contract with an independent
contractor to conduct a study to determine the adverse health effects
of urban runoff on swimmers at urban beaches. The contract shall
include a provision that requires the study to be conducted as
prescribed in the study proposal approved by the Santa Monica Bay
Restoration Project. The study shall be paid for by using available
resources or state funds appropriated in the annual Budget Act.
(b) It is the intent of the Legislature that the state board and
the State Department of Health Services use the results of the study
undertaken pursuant to subdivision (a) to establish recreational
water quality standards.



13396.9. (a) The California Coastal Commission and the Los Angeles
Regional Water Quality Control Board shall establish and participate
in the multiagency Los Angeles Basin Contaminated Sediments Task
Force, in cooperation with all interested parties, including, but not
limited to, the United States Environmental Protection Agency, the
United States Army Corps of Engineers, the Port of Long Beach, and
the Port of Los Angeles.
(b) (1) On or before January 1, 2005, the California Coastal
Commission shall, based upon the recommendations of the task force,
develop a long-term management plan for the dredging and disposal of
contaminated sediments in the coastal waters adjacent to the County
of Los Angeles. The plan shall include identifiable goals for the
purpose of minimizing impacts to water quality, fish, and wildlife
through the management of sediments. The plan shall include measures
to identify environmentally preferable, practicable disposal
alternatives, promote multiuse disposal facilities and beneficial
reuse, and support efforts for watershed management to control
contaminants at their source.
(2) The California Coastal Commission and the Los Angeles Regional
Water Quality Control Board shall seek to enter into an agreement
with the United States Environmental Protection Agency and the United
States Army Corps of Engineers for those federal agencies to
participate in the preparation of the long-term management plan, and,
on or before January 1, 1999, shall prepare and submit to the
Legislature a report indicating the status of that agreement.
(c) The California Coastal Commission and the Los Angeles Regional
Water Quality Control Board, in cooperation with the task force,
shall conduct not less than one annual public workshop to review the
status of the plan and to promote public participation.