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TITLE 23. WATERS DIVISION 4. REGIONAL WATER QUALITY CONTROL BOARDS
database is current through 09/29/06, Register 2006, No. 39
s 3900. Water Quality Control Plan.
On December 9, 1993, the North Coast Regional Water Quality Control Board adopted Resolution No. 93-89 amending the Water Quality Control Plan for the North Coast Region (hereinafter Basin Plan) to update descriptions and correct inaccuracies (hereinafter Amendment). The State Water Resources Control Board approved the Amendment by adopting State Board Resolution No. 94-29 on March 21, 1994.
The Amendment does not include any new regulations. The purpose of the Amendment is to revise the Basin Plan to update descriptions of the Region and regulatory programs, incorporate changes in water quality regulations which have occurred since the 1988 revision of the Basin Plan, and correct inaccuracies that existed in the text of the 1988 Basin Plan. The amendment consists of primarily factual (informational) and editorial changes. The amendment incorporates into the Basin Plan water quality regulations which have gone through the public review process separately and prior to the subject amendment (such as water quality objectives obtained from Title 22 drinking water standards).
s 3901. Water Quality Control Plan for the North Coast Region.
Section IV, Implementation Plans, Point Source Measures, Waste Discharge Prohibitions for the North Coastal Basin.
The Amendment: 1) clarifies that the discharge of waste to the Mad, Eel, and Russian rivers and their tributaries is prohibited during the period of May 15 through September 30; 2) clarifies that the discharge of waste to the Mad, Eel, and Russian rivers and their tributaries is limited to one percent of the receiving stream's flow during October 1 through May 14, and; 3) adds a procedure for dischargers to follow in applying for an exception to the one percent dilution requirement for the Mad, Eel, and Russian rivers.
s 3902. Regulatory Summary of Resolution No. 95-53 Amending Point Source Measures in Section 4 of the Water Quality Control Plan for the North Coast Region to Include an Action Plan for Storm Water Discharges.
On June 22, 1995, the California Water Quality Control Board, North Coast Region, (Regional Water Board), adopted Resolution No. 95-53, Amending Point Source Measures in Section 4 of the Water Quality Control Plan for the North Coast Region (Basin Plan). The amendment provides an Action Plan which will allow exception to the existing prohibition of point source waste discharges to waterbodies within the North Coast Region. The Action Plan requires the Regional Water Board to implement Section 402(p) of the Clean Water Act, and sets forth conditions for the implementation of Section 402(p). The conditions require the discharger to describe the storm water discharge in a Notice of Intent or application for NPDES permit and/or to manage the discharge and the activities which affect the discharge in conformance with the provisions of an applicable NPDES permit.
Resolution No. 95-53 does not contain any new regulatory language, but rather includes statewide and federal practices for regulating storm water discharges into the Basin Plan.
s 3903. Policy on the Control of Water Quality with Respect to On-Site Waste Treatment and Disposal Practices.
The Water Quality Control Plan for the North Coast Region (Basin Plan) was amended on May 23, 1996 (NCRWQCB Resolution 96-16) as follows: the Policy on the Control of Water Quality with Respect to On-Site Waste Treatment and Disposal Practices (Individual Septic Systems Policy) was updated to provide a clear policy regarding new technologies and the assessment of cumulative impacts of individual systems on water quality. The amendment contains new site suitability criteria and evaluation methods, and designs criteria and technical guidelines for individual systems.
s 3904. Garcia River TMDL for Sediment.
Regional Water Board Resolution No. 98-66, adopted by the North Coast Regional Water Quality Control Board on May 28, 1998 and subsequently revised on December 10, 1998, modified the regulatory provisions in Section 4, Implementation Plans, Nonpoint Source Measures of the Water Quality Control Plan for the North Coast Region by establishing a phased total maximum daily load (TMDL), an implementation plan, and a monitoring plan for sediment in the Garcia River watershed in southwestern Mendocino County. This resolution was revised and readopted by the North Coast Regional Water Board as Resolution No. R1-2001-72 on June 28, 2001, which modified the Garcia River Water Quality Attainment Action Plan for Sediment which includes the TMDL, Implementation Plan, and Monitoring Plan.
(a) The TMDL establishes the goal of attaining specified targets by the year 2049 for migration barriers, embeddedness, fines, primary pool frequency, proportion of fine sediment in a pool, median particle sizes, large woody debris, width-to-depth ratio, thalweg profile, and stream channel opening.
(b) The TMDL identifies the loading capacity of the Garcia River watershed as 552 tons/sq.mi./year, a 60 percent reduction of the average annual sediment load, and allocates the load to all dischargers as "zero controllable discharges." The loading capacity will be measured over 40 years.
(c) The implementation plan requires landowners to identify and control all existing and future controllable discharges of sediment in accordance with specified schedules using one of three options: (1) comply with waste discharge prohibitions that prohibit the controllable discharge of any organic or earthen material into the waters of the Garcia River or to any location where it could pass into the waters of the Garcia River; or (2) comply with an approved erosion control plan and an approved site-specific management plan; or (3) comply with an approved erosion control plan and the Garcia River Management Plan. The amendment specifies that it will not impose administrative civil liabilities for violations of the prohibitions if the discharging landowner is implementing an approved erosion control plan and management plan, but will consider the need to revise the plans or to issue a cleanup and abatement order.
(d) The implementation plan specifies the purpose of an erosion control plan and requires that it contain a baseline data inventory, a sediment reduction schedule, an assessment of unstable areas, and a monitoring plan which includes an annual report.
(e) The implementation plan specifies the purpose of the management plans and provides for time extensions. It specifies how a site-specific management plan must describe land management measures to control sediment delivery and describe land management measures to improve the condition of the riparian management zone. It also sets out the Garcia River Management Plan, which specifies land management measures that apply to the following: roads, watercourse crossings, and near stream facilities; unstable areas; the riparian management zone; and, gravel mining.
(f) The implementation plan specifies conditions under which other planning efforts such as a Timber Harvest Plan or a Ranch Plan will be approvable as an erosion control plan and management plan.
(g) The implementation plan provides that certain individual land management projects that are subject to Regional Water Board review are subject to the TMDL, the implementation plan, and the monitoring plan. It also requires notification of the Regional Board by a landowner conducting a restoration project, and allows substitution of restoration in lieu of action to control a sediment delivery site.
(h) The implementation Plan provides for the adoption of group erosion control plans; whereas landowners with similar land-use activities can develop collective watershed based erosion control plans without having to show internal property boundaries.
(i) The implementation plan establishes a procedure for its initiation, and an implementation schedule which specifies interim and final compliance dates ranging from 3 to 23 years for specified activities.
(j) The monitoring plan specifies instream and hillslope monitoring parameters, monitoring protocols, and frequency of monitoring, provides that instream and hillslope monitoring by landowners (except for sediment delivery site monitoring) is voluntary, and requires an annual report describing erosion control-related activities and sediment delivery reduction results.
(k) The amendment provides that the Regional Board shall review sufficiency of progress at least once every 3 years.
s 3905. Concise Summary of Regulatory Provisions.
Regional Board Resolution No. R1 2003-0052, adopted on June 26, 2003 by the North Coast Regional Water Quality Control Board, modifies the Beneficial Uses Chapter (Chapter 2) of the North Coast Regional Water Quality Control Plan(Basin Plan) by (1) updating the Beneficial Use Table 2-1 to include the Calwater classification system and a more refined level of beneficial use designation; (2) recognizing four existing beneficial uses of waters in the region (WET, WQE, FLD, and CUL); (3) recognizing two existing water body categories in the region (groundwater and wetlands); (4) modifying the existing beneficial use definition (COMM) for clarity; and (5) a beneficial use recognizing the existing "Subsistence Fishing" (FISH) use in the region.
This update meets the requirements of the Federal Clean Water Act (CWA), which requires that States designate beneficial uses for surface waters at a minimum, for the protection and propagation of fish, shellfish and wildlife, recreation in and on the water, use of water for public water supplies, and agricultural, industrial, and navigational purposes (CWA s 101 and s 303). Beneficial uses must be designated and periodically updated for all waters of the State. Flexibility inherent in the State process allows for the refinement and clarification of specific uses, which has been realized with this Basin Plan update. The amendment also brings the beneficial use designations up to date, to reflect the current state of knowledge of the existing and potential uses of the waters in the region, and makes the general previous designations more specific.
s 3906. Compliance Schedule Policy.
On March 24, 2004, the North Coast Regional Water Quality Control Board (North Coast Water Board) adopted Resolution No. R1-2004-0011, thereby amending Chapters 3 and 4 of the Water Quality Control Plan for the North Coast Region (Basin Plan). The amendment authorizes the inclusion of compliance schedules in National Pollutant Discharge Elimination System (NPDES) permits under the following circumstances:
1. Where the NPDES limitations are implementing water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after the effective date of this amendment. Compliance schedules shall not exceed ten years after adoption, revision, or reinterpretation of the objectives, criteria, or prohibitions;
2. Where a discharger, currently operating under a non-NPDES permit, under new interpretation of the law is required to comply with NPDES permitting limitations that implements water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after July 1, 1977 and that are not included in the permit. Compliance schedules shall not exceed ten years after the effective date of the initial NPDES permit; and
3. Where a discharger is required to comply with a Total Maximum Daily Load (TMDL) adopted as a single permitting action that implements water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after the effective date of this amendment. Compliance may extend beyond ten years from the date of permit issuance.
Schedules of compliance shall contain interim limits and shall in all cases be as short as feasible. An existing discharger must submit a written request and prove to the North Coast Water Board's satisfaction that it is infeasible to immediately comply with NPDES effluent or receiving water limitations. A discharger must further provide: (1) results of diligent efforts to quantify pollutant levels in the discharge and the sources of the pollutant in the waste stream; (2) documentation of source control efforts currently underway or completed; (3) a proposed schedule for additional source control measures or waste treatment; (4) the highest discharge quality that is feasible to achieve until final compliance is attained; (5) a demonstration that the proposed schedule of compliance is as short as feasible; (6) data demonstrating current treatment facility performance; and (7) additional information and analyses, to be determined by the North Coast Water Board on a case-by-case basis.
s 3907. Total Maximum Daily Loads for Sediment and Water Temperature in the Scott River Watershed.
The Total Maximum Daily Loads (TMDL) for Sediment and Water Temperature in the Scott River Watershed specify potential shade targets for water temperature and load allocations for sediment, which must be fully attained 40 years after the effective date of the TMDLs. The implementation actions are designed to encourage and build upon ongoing, proactive restoration and enhancement efforts and to comply with the State's Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program. Should any of the implementation actions fail to be implemented by the responsible party or should the implementation actions prove to be inadequate, the North Coast Regional Water Quality Control Board (North Coast Water Board) shall take appropriate permitting and/or enforcement actions.
Monitoring (e.g., implementation monitoring, upslope effectiveness monitoring, instream effectiveness monitoring, and compliance and trend monitoring) may be required of identified responsible parties in conjunction with existing and/or proposed human activities that will likely result in sediment waste discharges or elevated water temperatures. Additionally, North Coast Water Board staff shall develop a compliance and trend monitoring plan within one year of the date the Scott River TMDL Action Plan takes effect. The North Coast Water Board will conduct an extensive and focused reassessment after the Scott River TMDL Action Plan has been in effect for ten years, or sooner if the North Coast Water Board determines it necessary. North Coast Water Board staff will report to the North Coast Water Board at least yearly on the status and progress of implementation actions. For actions that rely on encouragement of existing efforts that address water quality impairments, the North Coast Water Board will conduct a formal assessment of the proven or expected effectiveness of these efforts within five years of approval of the TMDL Action Plan.
History: Adopted by the North Coast Regional Water Quality Control Board on December 7, 2005 under Resolution No. R1-2005-0113. Approved by the State Water Resources Control Board on June 21, 2006 under Resolution No. 2006-0046.
s 3910. Policy on the Use of Wastewater to Create, Restore, and/or Enhance Wetlands.
This policy revises a 1977 policy to add new provisions which: 1) establish a preference for the creation (rather than restoration or enhancement) of wetlands with wastewater; 2) require the project applicant to consider important wetland functions and values; and 3) in most cases, prohibit the use of these wetlands to satisfy Clean Water Act Section 404 mitigation requirements. The policy also revises the earlier policy to reflect current Basin Planning language, allow portions of a wetland to be created for wastewater treatment, and require a monitoring plan as part of the management plan.
s 3911. Use of Constructed Wetlands for Urban Runoff Pollution Control.
Constructed wetlands approved under the policy would be waste treatment systems in accordance with 40 CFR Part 122.2, and, as such, would not be waters of the United States. Policy provisions require that the wetland be an "artificial" or constructed system built on an upland site with the primary purpose of treatment. Adequate land and management resources must be committed to the project, wildlife monitoring and vector control programs are required, and the treatment wetlands may not be used to satisfy requirements for wetlands loss mitigation. In addition, a required management plan would include descriptive information, an operations and maintenance plan, and a monitoring plan. The management plan would be the chief means by which the Regional Board would review and/or approve a proposal under the policy. Upon project approval, the management plan would serve as the operations manual for the constructed treatment wetland.
s 3912. Revised Water Quality Control Plan for the San Francisco Bay Region.
The revisions to regulatory provisions in the basin plan adopted by the San Francisco Bay Regional Water Quality Control Board on September 16, 1992, October 21, 1992, August 17, 1994, and June 21, 1995 are summarized as follows:
(a) Beneficial Use Categories and Definitions: Revises the following beneficial use definitions to be consistent with statewide language: "Agricultural Supply," "Cold Freshwater Habitat," "Ocean Commercial and Sport Fishing," "Estuarine Habitat," "Freshwater Replenishment," "Ground Water Recharge," "Industrial Service Supply," "Marine Habitat," "Fish Migration," "Municipal and Domestic Supply," "Navigation," "Industrial Process Supply," "Preservation of Rare and Endangered Species," "Water Contact Recreation," "Non-Contact Water Recreation," "Shellfish Harvesting," "Fish Spawning," "Warm Freshwater Habitat," and "Wildlife Habitat."
(b) Water Body Definitions: Adds definitions for "ground water" and "ground water basin."
(c) Ground Waters: Identifies ground water basins within the region; designates ground waters within each basin as suitable or potentially suitable for municipal and domestic supply, industrial service supply, industrial process supply, agricultural supply, and/or freshwater replenishment.
(d) Wetlands: Clarifies that in cases where the Regional Board is required to delineate a specific wetland site and the beneficial uses associated with that site, that delineation will be based on Federal guidelines.
(e) Surface Water Objectives:
(1) Clarifies the term "surface waters";
(2) Adds descriptions of major types of point source discharges;
(3) Clarifies demonstration required for alternative objective;
(4) Clarifies numeric objective for coliform bacteria, and clarifies the relationship between testing methods and existing coliform bacteria objective for water designated as MUN;
(5) Revises narrative objective on bioaccumulation to include consideration of effects on wildlife;
(6) Deletes from biostimulatory substances narrative objective provisions on investigation resulting from certain chlorophyll a concentrations;
(7) Revises narrative objective for population and community ecology;
(8) Clarifies narrative objective for sediment;
(9) Clarifies existing narrative toxicity objectives by separating into acute and chronic toxicity, revising explanation of "detrimental responses," updating the description of tests used to identify acute toxicity;
(10) Establishes a numeric definition of acute toxicity;
(11) Clarifies units of measurement for the turbidity objective;
(12) Clarifies narrative objective for chemical constituents;
(13) Clarifies existing numeric water quality objectives for toxic pollutants:
(A) Changes the method for determining where salt or freshwater objectives apply to surface waters from a geographical line to average salinity values;
(B) Clarifies that existing freshwater objectives for metals are hardness-dependent, and includes the equations used to derive them;
(14) Specifies considerations in developing site specific objectives, lists highest priority constituents.
(f) Objectives for Municipal and Agricultural water supplies: Amends numeric objective for constituents of concern in water designated MUN or AGR to reflect changes in Title 22 of the California Code of Regulations.
(g) Objectives for Ground Water: Adds primary narrative water quality objective for ground water and narrative objectives for bacteria, organic and inorganic chemical constituents, radioactivity, and taste and odor.
(h) Watershed Management: Adds a policy that supports the local definition and implementation of watershed management plans.
(i) Toxic Pollutant Accumulation: Mass-Based Strategies:
(1) Adds consideration of pollutant accumulation in setting limits on point and non-point discharges;
(2) Provides that wasteload allocation may be based on mass, or concentration in water, tissue, or sediment;
(3) Describes monitoring requirements for toxicity, provides for attainment of chronic toxicity objectives at edge of mixing zone and acute toxicity objectives within the mixing zone;
(4) Clarifies that the need to determine the chronic effects of major discharges is being addressed by the Board's local effects monitoring program.
(j) Discharge Prohibitions:
(1) Adds a new exception provision concerning discharge of extracted/treated ground water;
(2) Adds a new exception provision to allow discharge from reclamation project in Alameda Creek when no natural flow occurs;
(3) Clarifies prohibition regarding biocides.
(k) Surface Water Protection and Management: Point Source Control:
(1) Effluent Limitations:
(A) Defines "best professional judgment" and specifies that it will be used to derive numerical effluent limitations for toxic pollutants in the absence of numerical water quality objectives or standards;
(B) Clarifies manner in which effluent limits will be derived in cases where water quality objectives are not being attained;
(C) Adds definition of "ocean waters," "inland surface waters," "enclosed bays," and "estuaries;"
(D) Deletes 1975 water body segment rankings;
(E) Clarifies definition of "deep water discharge";
(F) Clarifies that effluent limitations for conventional pollutants discharged to inland surface waters includes enclosed bays and estuaries;
(G) Adds condition for substitution of fecal coliform limitation for total coliform limitation;
(H) Clarifies effluent limitations for selected toxic pollutants discharged to surface waters;
(I) Clarifies implementation of toxicity objectives by updating the description of appropriate tests, monitoring frequency, interpretation of statistical results, and approaches for addressing violation of toxicity limits, and adds more stringent acute toxicity limits for deep water discharges;
(J) Adds condition for allowing compliance monitoring with only one fish species;
(K) Clarifies conditions under which the Board will consider observed toxicity to be due to ammonia and thus not a violation of toxicity limits;
(L) Adds factors for setting chronic toxicity effluent limits for individual dischargers;
(M) Adds basis for chronic toxicity monitoring requirements;
(N) Adds the requirement of Toxicity Identification/Reduction Evaluation (TIE/TRE) when persistent chronic toxicity is observed;
(O) Adds requirement for waste minimization if consistent toxicity is exhibited;
(P) Adds equation for calculating water quality-based effluent limitations;
(Q) Adds conditions for approval of an effluent limitation greater than that calculated from water quality objectives for deep water discharges;
(R) Adds a new provision specifying when exceptions will be granted to the assigned dilution allowance for shallow water discharges;
(S) Fresh Water vs. Marine Water: 1. Deletes the existing provision that effluent limits will be based on the lower of fresh or marine objectives for all receiving water bodies within the Region; 2. Adds the provision that specifies the salinity and beneficial use characteristics of the receiving waters in determining whether freshwater or marine water limitations apply;
(2) Implementation of Effluent Limitations:
(A) Adds options for permit modifications, including performance based limits, when an existing effluent limit is lower than necessary to achieve water quality objectives;
(B) Provides for calculation of effluent limitations based upon site-specific objectives;
(C) Clarifies that effluent limits will be defined in terms of the mean concentration of all samples analyzed during the averaging period;
(D) Defines "method detection limits," "practical quantitation levels," and "limits of quantification" and clarifies that these will be considered in determining compliance with effluent limitations;
(E) Clarifies how parameters are selected for inclusion in permits; adds demonstration requirement for substances that do not pose a risk to beneficial uses;
(F) Adds a provision on compliance schedules for new objectives or standards;
(G) Storm Water Discharges: Adds provisions on contents of NPDES permits for stormwater;
(H) Wet Weather Overflows: Clarifies existing policy on wet weather overflows of wastewater by adding description of minimum controls;
(I) Discharge of Treated Groundwater: Adds conditions for granting an exception to discharge prohibitions;
(J) Regulation of Industrial Discharges: Adds goal to move to water quality-based standards;
(K) Pollution Prevention:
1. Adds goals;
2. Clarifies elements of POTW general pollution prevention program;
3. Revises elements of POTW targeted pollution prevention program;
4. Revises direct industrial discharger pollution prevention program.
(l) Surface Water Protection and Management -Nonpoint Source Control Measures:
(1) Revises nonpoint source management elements;
(2) Adds policy outlining elements of appropriate voluntary Baseline Control Program for local entities to reduce pollutant loadings into storm drains;
(3) Revises programs for comprehensive urban runoff control, highway runoff control, and industrial stormwater runoff control;
(4) Clarifies Board's permitting of stormwater discharge from industrial facilities and construction activities involving disturbance of five or more acres.
(m) Dairy Waste Management: Adds policy supporting cooperative correction of dairy waste problems and adoption of Waste Discharge Requirements when objectives in an agricultural watershed are consistently exceeded or past corrective actions have not resolved water quality problems.
(n) Reclamation Requirements: Adds provisions under which certain dischargers may issue their own permits for use of reclaimed water.
(o) Individual System Guidelines: Clarifies existing policy on the design, use, and permitting of alternative septic systems and graywater disposal.
(p) Erosion and Sediment Control:
(1) Clarifies when enforcement authority will be exercised;
(2) Revises guidelines for regulating erosion and sedimentation.
(1) Adds a policy supporting upland disposal of material with a market value;
(2) Adds policy goals of the Long-Term Management Strategy;
(3) Clarifies definition of a "water year."
(r) Mines and Mineral Producers:
(1) Adds policy for protecting beneficial uses of receiving waters affected by past or present mining activities;
(2) Clarifies Board's permitting of runoff from mine sites;
(3) Adds provisions for Waste Discharge Requirements for mining sites that discharge waste.
(s) Wetlands Protection and Management:
(1) Clarifies general process that will be used to identify beneficial uses in wetlands;
(2) Clarifies that proposals involving wetland fill or discharge of waste to wetlands will be reviewed to determine impacts on wetland beneficial uses;
(3) Adds provision that in cases where mitigation is required under the Clean Water Act, the mitigation project should be located in the same part of the Region whenever possible;
(4) Implements the Governor's Executive Order W-59-93 by adding policy of no-net-loss of wetland acreage and no-net-loss of wetland value within the Region.
(t) Ground Water Protection and Management:
(1) Adds goals;
(2) Specifies that water quality objectives apply to all ground waters, rather than at a wellhead or at a point of consumption;
(3) Explains the Board's approach to the use of water quality objectives for ground water.
(u) Shallow Drainage Wells:
(1) Prohibits unauthorized construction and use of shallow drainage wells;
(2) Adds demonstration requirement for continued use of existing wells or construction of new wells.
(v) Designated Waste:
(1) Clarifies criteria for determining whether a non-hazardous waste is a designated waste;
(2) Adds requirement for proposal of waste constituent concentration criteria by certain municipal solid waste disposal facilities.
(w) (Landfill Expansions: Adds policy on locating or expanding landfills in sensitive ground water areas.
(x) Cleanup of Polluted Sites:
(1) Adds strategy for managing polluted sites;
(2) Adds policies and procedures for setting ground water cleanup levels: specifies the concentration ranges for cleanup levels for waterbodies without, and with a beneficial use of municipal and domestic supply;
(3) Adds policies and procedures for setting soil cleanup levels:
(A) Specifies that soil cleanup levels will be set based on threat to water quality;
(B) Adds "generic" cleanup levels for total VOCs and total semi-volatiles at certain sites.
s 3913. Site-Specific Water Quality Objectives for Copper and Nickel South of the Dumbarton Bridge.
Through Regional Water Board Resolution R2-2002-0061, the San Francisco Bay Regional Water Quality Control Board (Regional Board) amended on May 22, 2002, the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan).
The Basin Plan amendment adopted by the Regional Board includes two new regulatory provisions, which are summarized below.
1. The amendment specifies new site-specific water quality objectives (SSOs) for copper and nickel in the portion of San Francisco Bay South of the Dumbarton Bridge. The SSOs are 6.9mg/1 for a 4-day average and 10.8 for a one-hour average for dissolved copper and 11.9mg/1 for a 4-day average and 62.4mg/1 for a one-hour average for dissolved nickel.
2. The amendment specifies numeric values of metal translators (ration of dissolved to total metal) for copper and nickel in San Francisco Bay South of the Dumbarton Bridge that will be used to compute National Pollutant Discharge Elimination System (NPDES) effluent limitations according to the procedure outlined in the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of Californiafor the three Municipal Wastewater Treatment facilities discharging to this portion of San Francisco Bay. These translators are 0.53 for copper and 0.44 for nickel. Other Basin Plan amendments are non-regulatory and consist primarily of language updates and an implementation plan to implement the new site-specific objectives. The implementation plan does not contain any new regulatory requirement (other than establishment of the metal translators described above), but instead summarizes already existing permit requirements.
s 3914. Updates Water Quality Objectives, National Pollutant Discharge Elimination System (NPDES) Implementation Measures, and Edits Language.
Amendment revises water quality objectives for arsenic, cadmium, chromium (VI), copper (freshwater only), lead, nickel, silver, and zinc to be consistent with federal California Toxics Rule (CTR) regulations. These objectives will apply throughout the region. Definitions of "freshwater," "estuarine," and "marine" are revised to be consistent with the CTR. This amendment incorporates provisions of the State Water Resources Control Board Policy for Implementation of Toxic Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California pertaining to NPDES permitting. Obsolete provisions are removed, descriptions and references are updated and clarified, and minor corrections are made to the Basin Plan text.
s 3916. Total Maximum Daily Load for Pathogens in Tomales Bay Watershed.
The San Francisco Bay Regional Water Quality Control Board adopted Resolution R2-2005-0046 on September 21, 2005, which amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan) by establishing a program (a Total Maximum Daily Load (TMDL)) to control pathogens in the Tomales Bay watershed. The TMDL sets numeric targets, allocates responsibility among the sources for meeting those targets, and establishes an implementation plan to ensure that all segments of Tomales Bay and its major tributaries (Lagunitas Creek, Walker Creek, and Olema Creek) attain applicable bacteriological water quality standards established in the Basin Plan to protect and support the beneficial uses.
The numeric targets consist of:
(1) Fecal coliform bacteria density targets for Tomales Bay and the main tributaries identical to the Basin Plan objectives;
(2) A shellfish harvesting closure target of less than 30 days per year; and
(3) A human fecal waste discharge prohibition.
The implementation plan requires actions to eliminate any discharges of human fecal waste from boats, on-site sewage disposal systems, small wastewater treatment facilities, and sewage holding ponds.
Density-based allocations for fecal coliform bacteria are assigned to the various animal fecal waste sources to the watershed (grazing lands, dairies, equestrian facilities, and domestic animals) and reflect the highest fecal coliform bacterial densities that can be discharged while still attaining the shellfish harvesting beneficial use in Tomales Bay. Discharging entities are not held accountable for discharges originating from wildlife. The requirements are consistent with the State's Policy for Implementation and Enforcement of the Nonpoint Source Pollution Control Program and the California Water Code. Implementation measures include evaluation of operating practices, development of control measures, a schedule for implementing those measures, and submittal of progress reports documenting the actions taken.
Water quality monitoring will be conducted to evaluate fecal coliform concentration trends in Tomales Bay and its tributaries. Every five years, the San Francisco Bay Water Board will evaluate new and relevant information from monitoring and scientific literature, assess progress towards meeting the targets and load allocations and appropriateness and effectiveness of proposed action, and may consider revising the TMDL if needed. The reviews will provide opportunities for public participation. Any necessary modifications to the targets, allocations, or implementation plan will be incorporated into the Basin Plan. The California Department of Health Services, working in consultation with the Tomales Bay Shellfish Technical Advisory Committee, is encouraged to periodically evaluate shellfish harvesting guidelines beginning in 2009.
s 3920. Water Quality Control Plans.
The following are changes to the 1990 Water Quality Control Plan for the Central Coast Region (Basin Plan): (1) Revision of language in beneficial use definitions to be more consistent with statewide format. Changes include adding an "Estuarine Habitat", "Freshwater Replenishment", "Hydropower Generation", and "Aquaculture" beneficial use. The "Fish Migration" (Migr) definition is clarified to emphasize waters supporting habitat needed by migrating aquatic organisms is included in the definition. The "Navigation" beneficial use is expanded to include waters used for all types of shipping (not just Naval shipping), waters used for travel, or waters used for transportation. The "Commercial and Sport Fishing" beneficial use is expanded to consider fresh water body areas not just saline waters. The "Shellfish Harvesting" beneficial use is expanded to include waters used for collection of shellfish for human consumption. Shellfish are also defined as filter feeding varieties. (2) Assign designated beneficial uses for approximately 300 additional water bodies and revise beneficial use designations for approximately 150 water bodies. (3) Update water quality objectives for organic chemicals in accordance with Title 22, California Code of Regulations. (4) Add water quality objectives for the Paso Robles ground water basin. (5) Add Regional Water Quality Control Board Policy to alleviate seawater intrusion in the Salinas and Pajaro ground water basins. (6) Add Regional Water Quality Control Board Policy of Appreciation for Discharger Compliance.
s 3921. Revised Beneficial Use Definitions.
The 1994 Water Quality Control Plan for the Central Coast Region (Basin Plan) was amended in September 1994 resulting in revisions to the definitions for the following beneficial uses: Freshwater Replenishment (FRSH), Navigation (NAV), Estuarine Habitat (EST), and Shellfish Harvesting (SHELL).
s 3922. San Lorenzo River Watershed Wastewater Management Plan.
The 1994 Water Quality Control Plan for the Central Coast Region (Basin Plan) was amended on April 14, 1995 as follows: the San Lorenzo Valley on-site septic system prohibition was rescinded and replaced with the "Wastewater Management Plan for the San Lorenzo River Watershed" and "San Lorenzo Nitrate Management Plan, Phase II Final Report."
s 3923. Removal of the Numeric Nitrate Objective for the San Lorenzo River.
On June 2, 2002, the Central Coast Regional Water Quality Control Board adopted Resolution No. 00-001 amending the Water Quality Control Plan for the Central Coast Basin (Basin Plan). The amendment revised the Basin Plan by removing the numeric nitrate objective for the San Lorenzo River. Water quality will continue to be protected by the narrative Basin Plan taste and odor and biostimulatory effects objectives.
The amendment removes the numeric nitrate objective for San Lorenzo River from Chapter Three, page III-14 in the Basin Plan.
s 3924. Total Maximum Daily Load (TMDL) for Pathogens in Morro Bay, Including Chorro and Los Osos Creeks.
Establishes a Total Maximum Daily Load (TMDL) for pathogens in Morro Bay, Chorro and Los Osos Creeks to address impairment of the beneficial uses of Shellfish Harvesting, Contact Recreation and Non-contact Recreation by excessive levels of bacterial indicator organisms. The numeric target in the Bay is equal to the California Department of Health Service's standard, and the numeric targets for the Creeks are equal to the existing water quality objectives. An implicit margin of safety was incorporated into the TMDL through the use of conservative numeric targets.
The Regional Water Quality Control Board (Regional Board) will rely on self-determined actions and actions required by existing regulatory authority (National Pollutant Discharge Eliminations Systems permits for stormwater discharges and Waste Discharge Requirements [WDRs] for treated sewage discharges) for a ten-year implementation period to achieve the TMDL. The Regional Board will monitoring water quality for compliance with the numeric targets for fecal coliform and/or other appropriate bacterial indicator organisms and will track implementation progress. Any future revision of the TMDL or the numeric targets will be considered through the Basin Plan amendment process. If future revision to the implementation strategy is recommended, the revision will be considered through the Basin Plan amendment process and/or on a case-by-case basis through existing regulatory authority (e.g., additional WDRs).
s 3925. Concise Summary of Regulatory Provisions.
Regional Board Resolution No. R3-2002-0051, adopted on May 16, 2003 by the Central Coast Regional Water Quality Control Board (Regional Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region (Basin Plan) by establishing a Total Maximum Daily Load (TMDL) for Sediment in Chorro Creek, Los Osos Creek, and the Morro Bay Estuary, adopting numeric targets for sediment, and adopting an implementation plan to achieve the TMDL.
This Basin Plan amendment establishes the TMDL for sediment in Chorro Creek at 30,020 tons/year; in Los Osos Creek at 4,864 tons/year; and in the Morro Bay Estuary at 24,885 tons/year. An implicit margin of safety was incorporated into the TMDL through the use of conservative assumptions throughout the sediment source analysis and characterization of beneficial uses impacts. The Regional Board set load allocations for subwatersheds based on fifty percent reductions in erosion. The amendment establishes numeric targets for streambed sediment characteristics known to be supportive of the beneficial uses protecting anadromous fish and for the volume of tidal prism in the Morro Bay Estuary. The numeric targets interpret narrative water quality objectives for sediment in the Basin Plan. The Regional Board will evaluate the TMDL by monitoring numeric targets and tracking implementation actions. Implementation emphasizes the activities of the Morro Bay National Estuary Program, Coastal San Luis Resources Conservation District, and other public and private groups to implement self-determined activities identified in the amendment language. If self-determined actions have not been completed at the end of the third year of implementation, staff will develop a regulatory approach (rather than a self-determined approach) and present a revised implementation plan to the Regional Board as a Basin Plan amendment. This Basin Plan amendment establishes a 50- year implementation period to achieve the TMDL. Revision of the TMDL, the numeric targets, or the implementation strategy would be considered through the Basin Plan amendment process.
s 3926. Amends the Water Quality Control Plan (Basin Plan) for the Central Coast Region to Include a Revised and Updated Monitoring and Assessment Chapter (Chapter 6).
On December 24, 2002, the Central Coast Regional Water Quality Control Board (Regional Board) adopted an amendment to theWater Quality Control Plan - Central Coastal Basin, 1994(Basin Plan). TheWater Quality Control Plan - Central Coastal Basin, 1994(Basin Plan) serves as the cornerstone water quality protection policy and legal standards for the Central Coast. It identifies beneficial uses of surface and ground waters, establishes water quality objectives to protect beneficial uses, and provides an implementation plan to achieve those objectives. The Basin Plan includes a chapter on surveillance, monitoring, and assessment programs of the State and the Region (Chapter 6). Over the intervening years, new monitoring and assessment programs have been developed and existing monitoring and assessment programs have changed.
The purpose of this amendment is to include up-to-date information on State and Regional surveillance, monitoring, and assessment programs and requirements described in Chapter 6 of the Basin Plan.
s 3927. A Total Maximum Daily Load and Implementation Plan for Sediment in the San Lorenzo River, Including Carbonera Creek, Lompico Creek, and Shingle Mill Creek.
Regional Board Resolution No. R-3-2002-0063, adopted on May 16, 2003 by the Central Coast Regional Water Quality Control Board (Regional Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region (Basin Plan) by establishing Total Maximum Daily Loads (TMDLs) for Sediment in the San Lorenzo River, including Carbonera Creek, Lompico Creek, and Shingle Mill Creek, adopting numeric targets for sediment, and adopting an implementation plan to achieve the TMDLs.
This Basin Plan amendment establishes the TMDL for sediment in the San Lorenzo River at 306,139 tons/year; in Carbonera Creek at 11,728 tons/year; in Lompico Creek at 9,542 tons/year; and in Shingle Mill Creek at 857 tons/year. An implicit margin of safety was incorporated into the TMDLs through the use of conservative assumptions throughout the sediment source analysis and characterization of beneficial use impacts. The Regional Board also allocated the TMDLs, based on achievable reductions in sediment loading of up to 27 percent of current loads, to the major land use categories in the watershed. Through this Basin Plan amendment, the Regional Board adopted numeric targets for streambed sediment characteristics known to be supportive of the beneficial uses protecting anadromous fish. These numeric targets interpret narrative water quality objectives for sediment in the Basin Plan. The Regional Board will evaluate the TMDLs by monitoring numeric targets and tracking implementation actions. Implementation emphasizes the role of the Santo Cruz County Departments of Planning and Public Works, the Santa Cruz County Resource Conservation District, and other public and private groups to implement self-determined activities identified in the amendment language. By the end of the first year of implementation, the Regional Board and the implementing parties will establish a time schedule for completion of trackable implementation actions identified in the amendment language, or, staff will develop the schedule and present it to the Regional Board as a Basin Plan amendment. If, in future years, self-determined actions have not been completed, staff will develop a regulatory approach (rather than a self-determined approach) and present a revised implementation plan to the Regional Board as a Basin Plan amendment. The Regional Board scheduled a 25-year implementation period to achieve the TMDL. Revision of the TMDL, the numeric targets, or the implementation strategy would be considered through the Basin Plan amendment process.
s 3928. Total Maximum Daily Load (TMDL) and Implementation Plan for Pathogens in San Luis Obispo Creek.
On December 3, 2004, the Central Coast Regional Water Quality Control Board (Central Coast Water Board) adopted Resolution No. R3-2004-0142 amending the Water Quality Control Plan for the Central Coast Region (Basin Plan). The amendment revised the Basin Plan by establishing the San Luis Obispo Creek Total Maximum Daily Load and Implementation Plan for Pathogens (TMDL).
The TMDL addresses impairment of San Luis Obispo Creek due to fecal coliform. Current fecal coliform concentration in San Luis Obispo Creek is impairing the water contact recreation and non-contact water recreation beneficial uses (REC-1 and REC-2, respectively.) The TMDL establishes a numeric target for fecal coliform consistent with current Basin Plan objectives protecting both REC-1 and REC-2 beneficial uses. Fecal coliform concentration, based on a minimum of not less than five samples for any 30-day period, shall not exceed a log mean of 200 MPN per 100mL, nor shall more than ten percent of total samples collected during any 30-day period exceed 400 MPN per 100mL. Achieving the numeric target is the responsibility of several entities described in the Basin Plan amendment. An implicit margin of safety is utilized in the TMDL to account for uncertainties.
The Central Coast Water Board is relying on existing regulatory authority to insure implementation actions are carried out by the implementing parties using existing permits. An implementation target of ten years is established for achieving the TMDL. The Central Coast Water Board will track progress towards achieving the TMDL through review of implementation actions and monitoring conducted by the implementing parties. Staff will conduct triennial reviews of implementation actions and monitoring results. If existing efforts are not expected to achieve the TMDL as scheduled (as determined by a triennial review), staff will recommend that additional reporting, monitoring, or implementation efforts be required either through approval by the Executive Officer (e.g., pursuant to California Water Code section 13267 or 13383) or by the Central Coast Water Board (e.g., through revisions of existing permits and/or a Basin Plan amendment).
s 3929. Total Maximum Daily Load (TMDL) and Implementation Plan for Nitrate-N in San Luis Obispo Creek.
Resolution No. R3-2005-0106, adopted on September 9, 2005 by the Central Coast Regional Water Quality Control Board (Central Coast Water Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region. The State Water Resources Control Board (State Water Board) approved the amendment on June 21, 2006, under Resolution No. 2006-0045. Resolution No. R3-2005-0106 established the San Luis Obispo Creek Total Maximum Daily Load (TMDL) and Implementation Plan for Nitrate-Nitrogen (nitrate-N). The TMDL addresses impairment of San Luis Obispo Creek due to nitrate-N. Current nitrate-N concentrations in San Luis Obispo Creek are impairing the beneficial uses of the municipal and domestic supply of water. The TMDL establishes a numeric target for nitrate-N consistent with the current Water Quality Control Plan objective protecting the municipal and domestic water supply beneficial use. Responsibility for achieving the numeric target falls upon several entities as described in the resolution. The TMDL utilizes an implicit margin of safety to account for uncertainties. The Central Coast Water Board is relying on existing regulatory authority to ensure that implementation actions are carried out, through National Pollutant Discharge Elimination System permits, waste discharge requirements, and waivers. An implementation target date of the year 2012 is established for achieving the TMDL. The Central Coast Water Board will track progress towards achieving the TMDL through review of implementation actions and monitoring conducted by the implementing parties. Central Coast Water Board staff plans to conduct triennial reviews of implementation actions and monitoring results. If the triennial review shows that existing efforts will not achieve the TMDL as scheduled, the Executive Officer of the Central Coast Water Board may require changes to existing monitoring, reporting, or implementation efforts, pursuant to California Water Code section 13267 or section 13383. (continued)