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The regulatory mechanisms to implement the TMDL may include, but are not limited to, the Los Angeles County Municipal Storm Water National Pollutant Discharge Elimination System (NPDES) Permit, Ventura County Municipal Storm Water NPDES Permit, the Caltrans Storm Water Permit, waste discharge requirements (WDRs), Memorandum of Understanding (MOUs), revised MOUs, general NPDES permits, general industrial storm water permits, general construction storm water permits, and the authority contained in Sections 13225, 13263 and 13267 of the Water Code. Each NPDES permit assigned a Waste Load Allocation (WLA) shall be reopened or amended at reissuance, in accordance with applicable laws, to incorporate the applicable WLA as a permit requirement.
The amendment requires that responsible jurisdictions and responsible agencies provide the following submittals to the Executive Officer within the specified time after the effective date of the TMDL: (1) within 120 days, a comprehensive bacteria water quality monitoring plan for the Malibu Creek Watershed, (2) within one year, a written report outlining how each responsible agency intends to cooperatively achieve compliance with the TMDL, and a written report detailing the rationale and criteria used to identify high-risk areas where on-site systems have a potential to impact surface waters in the Malibu Creek Watershed, and (3) within two years, a reference watershed study, and a report quantifying the bacteria loading from birds to the Malibu Lagoon.
Within three years after the effective date of the TMDL, the Los Angeles Water Board must re-consider the TMDL to: (1) consider a natural source exclusion for bacteria loading from birds in the Malibu Creek Lagoon if all anthropogenic sources to the Lagoon have been controlled, (2) reassess the allowable winter dry-weather and wet-weather exceedance days based on additional data on bacterial indicator densities, and an evaluation of site-specific variability in exceedance levels to determine whether existing water quality is better than water quality at the reference watershed, (3) reassess the allowable winter dry-weather and wet-weather exceedance days based on a re-evaluation of the selected reference watershed and consideration of other reference watersheds that may better represent reaches of the Malibu Creek and Lagoon, (4) consider whether the allowable winter dry-weather and wet-weather exceedance days should be adjusted annually dependent on the rainfall conditions and an evaluation of natural variability in exceedance levels on the reference system(s), (5) re-evaluate the reference year used in the calculation of allowable exceedance days, and (6) re-evaluate whether there is a need for further clarification or revision of the geometric mean implementation provision.
s 3939.16. A Total Maximum Daily Load for Toxicity, Chlorpyrifos, and Diazinon in Calleguas Creek, Its Tributaries, and Mugu Lagoon.
California Regional Water Quality Control Board (Regional Board) Resolution No. R4-2005-009 adopted on July 7, 2005 by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for Toxicity, Chlorpyrifos, and Diazinon in Calleguas Creek, its Tributaries, and Mugu Lagoon.
The Basin Plan amendment specifies final wasteload allocations (WLAs) for point source discharges and load allocations (LAs) for nonpoint source discharges of chlorpyrifos and diazinon. The Basin Plan also specifies WLAs and LAs for toxicity. The TMDL establishes an implementation plan for reducing toxicity, chlorpyrifos, and diazinon loads from point-sources and nonpoint-sources which includes a monitoring program, special studies, and a compliance schedule to meet final WLAs in 2 years after the effective date of the TMDL for point sources and final LAs in 10 years after the effective date of the TMDL for nonpoint sources.
s 3939.17. A Total Maximum Daily Load for Organochlorine Pesticides, Polychlorinated Biphenyls, and Siltation in Calleguas Creek, its Tributaries, and Mugu Lagoon.
On July 7, 2005, the Los Angeles Regional Water Quality Control Board adopted Resolution No. R4-2005-010, amending the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) for organochlorine (OC) pesticides, polychlorinated biphenyls (PCBs), and siltation in Calleguas Creek, its tributaries, and Mugu Lagoon. The TMDL set numeric concentration-based targets for OC pesticides and PCBs in water, sediment, and/or fish tissue to ensure protection of designated beneficial uses. The specific pollutants addressed are aldrin, chlordane, dacthal, dichlorodiphenyldicloroethane (DDD), dichlorodiphenyldicloroethelyene (DDE), dichlorodiphenyltrichloroethane (DDT), dieldrin, endosulfan I, endosulfan II, endrin, hexachlorocyclohexane (alpha, beta, delta, and gamma BHC), heptachlor, heptachlor epoxide, PCBs, and toxaphene.
Water column targets are derived from California Toxics Rule (CTR) water quality chronic criteria for protection of aquatic life. Fish tissue targets are derived from CTR human health criteria for consumption of organisms. Sediment targets are derived from National Oceanographic and Atmospheric Administration sediment quality guidelines for fresh and marine waters. This TMDL further requires an annual reduction in the import of silt of 5,200 tons per year to Mugu Lagoon and preservation of 1,400 acres of existing aquatic habitat in Mugu Lagoon. Targets will be met by limiting discharges from point and nonpoint sources of pollutants.
Interim and final wasteload allocations assigned to point source dischargers will be implemented through National Pollution Discharge Elimination System (NPDES) permits. The TMDL establishes wasteload allocations for five major wastewater treatment plants (Hill Canyon Waste Water Treatment Plant, Simi Valley Water Quality Control Plant, Ventura County (Moorpark) Water Treatment Plant, Camarillo Water Reclamation Plant, and Camrosa Water Reclamation Plant), storm water permittees (California Department of Transportation, general construction, general industrial, and municipal permittees), and to minor point sources.
Interim and final load allocations for nonpoint sources will be implemented through the State's Nonpoint Source Pollution Control Program. Sediment-based load allocations will be measured as an in-stream annual average at the base of each sub-watershed. A Conditional Waiver for Irrigated Lands and/or Agricultural Water Quality Management Plans will be developed to implement load allocations for agricultural dischargers, taking into account TMDL-required studies to assess the effectiveness of Management Practices for reduction of pollutants from agricultural operations.
Special studies and/or monitoring will be conducted as part of this TMDL. The Los Angeles Regional Water Quality Control Board has committed to reconsidering the TMDL, if necessary, based on the collected data or other relevant information. Final wasteload and load allocations must be achieved within 20 years of the effective date of the TMDL.
s 3939.18. A Total Maximum Daily Load for Toxic Pollutants in Sediment in Ballona Creek Estuary.
On July 7, 2005, the Los Angeles Regional Water Quality Control Board adopted Resolution No. R05-008, amending the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) to reduce toxic pollutants in sediment in Ballona Creek Estuary (Estuary). The TMDL sets numeric concentration-based targets for cadmium, copper, lead, silver, zinc, chlordane, total dichlorodiphenyltrichloroethane (DDT) isomers and metabolites, total polychlorinated biphenyls (PCBs), and total polynuclear aromatic hydrocarbons (PAHs) in the sediment for the Estuary. The targets are based on Effects Range-Low sediment quality guidelines compiled by the National Oceanic and Atmospheric Administration and will be achieved primarily by limiting the amount of pollutants associated with suspended sediment in storm water runoff.
The TMDL will mainly be implemented through National Pollutant Discharge Elimination System (NPDES) storm water permits, including the Los Angeles County Municipal Separate Storm Sewer Systems permit, the California Department of Transportation (Caltrans) permit, the general industrial and construction permits, and other NPDES permits for low-volume, intermittent, non-stormwater discharges, and through the authority vested in the Executive Officer by Water Code section 13267.
The TMDL requires the general industrial and construction storm water permittees to achieve assigned wasteload allocations within seven years and nine years of the effective date of the TMDL, respectively. The implementation schedule for the municipal and Caltrans permittees consists of a phased approach, with wasteload allocations to be achieved in prescribed percentages of the watershed, with total compliance to be achieved within fifteen years of the effective date of the TMDL. The TMDL requires the municipal and Caltrans storm water permittees to submit a coordinated monitoring plan within one year of the effective date of the TMDL and an implementation plan within five and a half years of the effective date of the TMDL. The monitoring plan must include bioaccumulation testing of fish and mussel tissue and sediment toxicity testing. The TMDL allows for special studies, which are due within five years of the effective date of the TMDL, to refine source assessments, provide better estimates of loading capacity, and optimize implementation efforts. The TMDL specifies that within six months of the effective date of a statewide adopted sediment quality objectives and implementation policy, the Los Angeles Regional Water Quality Control Board will re-assess the numeric targets and wasteload allocations for consistency with these statewide objectives. The TMDL also specifies that within six years of its effective date, the Los Angeles Regional Water Quality Board shall reconsider the waste load allocations and implementation schedule based on the results of special studies.
s 3939.19. Total Maximum Daily Load for Metals for the Los Angeles River and its Tributaries.
On June 2, 2005, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. R05-006, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) to reduce metals in the Los Angeles River and its Tributaries for dry weather (maximum daily flow in the River less than 500 cubic feet per second) and wet weather (maximum daily flow in the River equal to or greater than 500 cubic feet per second). The TMDL: (1) sets dry- and wet-weather numeric targets to achieve California Toxics Rule (CTR) numeric water quality criteria for metals; (2) establishes a dry-weather loading capacity for a single critical flow to meet the dry-weather numeric target; (3) establishes a wet-weather loading capacity that varies with flow in order to meet wet-weather numeric targets; and (4) allocates the dry- and wet-weather loading capacities among point and nonpoint sources of metals, with the majority of the dry-weather allocation to the three largest publicly owned treatment works (POTWs) and the majority of the wet-weather allocation to storm water sources.
The TMDL identifies the National Pollutant Discharge Elimination System (NPDES) permits for three POTWs, the Los Angeles County and Long Beach municipal storm water NPDES permits, the Caltrans storm water NPDES permit, the general industrial and construction storm water NPDES permits, "other NPDES permits" for low-volume, intermittent, non-stormwater discharges, and the authority vested in the Executive Officer by Water Code section 13267 as the principal regulatory mechanisms to implement the TMDL. The TMDL requires the three POTWs to achieve dry- and wet-weather wasteload allocations at the time of permit issuance, renewal, or re-opener, or within 10 years of the effective date of the TMDL if advanced treatment is required to reduce metals loads.
The TMDL requires the general industrial and construction storm water permittees to achieve dry-weather wasteload allocations at the time of permit issuance, renewal, or re-opener; it requires the general industrial and construction storm water permittees to achieve wet-weather wasteload allocations within 10 years and 9 years of the effective date of the TMDL, respectively. The TMDL requires the municipal and Caltrans storm water permittees to achieve wasteload allocations in prescribed percentages of the watershed, achieving dry-weather allocations in the entire watershed within 18 years and wet-weather allocations in the entire watershed within 22 years.
The TMDL identifies five jurisdictional groups to coordinate implementation of the municipal storm water allocations and provides that within 15 months of its effective date, each jurisdictional group must submit a coordinated monitoring plan and within 4 1/2 years of its effective date, each jurisdictional group must submit an implementation plan. The TMDL allows for special studies, such as site-specific toxic effects and natural source studies, which are due within four years of the effective date of the TMDL. The TMDL specifies that within five years of its effective date, the Los Angeles Water Board shall reconsider the wasteload allocations and implementation schedule based on the results of special studies.
s 3939.20. Total Maximum Daily Load for Metals for Ballona Creek.
On July 7, 2005, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. R05-007, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) to reduce metals in Ballona Creek for dry weather (maximum daily flow in the creek less than 40 cubic feet per second) and wet weather (maximum daily flow in the creek equal to or greater than 40 cubic feet per second). The TMDL: (1) sets dry- and wet-weather numeric targets to achieve California Toxics Rule (CTR) numeric water quality criteria for metals; (2) establishes a dry-weather loading capacity for a single critical flow to meet dry-weather numeric targets; (3) establishes a wet-weather loading capacity that varies with flow in order to meet wet-weather numeric targets; and (4) allocates the dry- and wet-weather loading capacities among point and nonpoint sources of metals, with the majority of the capacity allocated to storm water sources.
The TMDL identifies the Los Angeles County municipal storm water National Pollutant Discharge Elimination System (NPDES) permit, the Caltrans storm water NPDES permit, the general industrial and construction storm water NPDES permits, and "other NPDES permits" for low-volume, intermittent, non-stormwater discharges, and the authority vested in the Executive Officer by Water Code section 13267 as the principal regulatory mechanisms to implement the TMDL. The TMDL requires the general industrial and construction storm water permittees to achieve dry-weather wasteload allocations at the time of permit issuance, renewal, or re-opener; it requires the general industrial and construction storm water permittees to achieve wet-weather wasteload allocations within 10 years and 9 years of the effective date of the TMDL, respectively. The TMDL requires the municipal and Caltrans storm water permittees to achieve wasteload allocations in prescribed percentages of the watershed, achieving dry-weather allocations in the entire watershed within 10 years and wet-weather allocations in the entire watershed within 15 years. The TMDL requires the municipal and Caltrans storm water permittees to submit a coordinated monitoring plan within one year of the effective date of the TMDL and an implementation plan within 4 1/2 years of the effective date of the TMDL. The TMDL allows for special studies, such as source assessment and metals partitioning studies, which are due within four years of the effective date of the TMDL. The TMDL specifies that within five years of its effective date, the Los Angeles Water Board shall reconsider the wasteload allocations and implementation schedule based on the results of special studies.
s 3939.21. TMDL for Toxic Pollutants in Marina del Rey Harbor.
On October 6, 2005, the Los Angeles Regional Water Quality Control Board (Regional Water Board), adopted Resolution No. 2005-012, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) to reduce toxic pollutants in Marina del Rey Harbor. The TMDL: (1) sets numeric targets for sediments based on Effects Range-Low sediment quality guidelines (ERLs) compiled by the National Oceanic and Atmospheric Administration; (2) sets numeric water quality and fish tissue targets based on standards established by the California Toxics Rule (CTR), for the protection of human health; (3) establishes a loading capacity to meet numeric targets for sediment based on the average annual total suspended solids loading to the harbor; and (4) allocates the loading capacities among point and nonpoint sources of toxic pollutants, with the majority of the capacity allocated to storm water sources.
The TMDL identifies the Los Angles County municipal storm water National Pollutant Discharge Elimination System (NPDES) permit, the Caltrans storm water NPDES permit, the general industrial and construction storm water NPDES permits, and "other NPDES permits" for low-volume, intermittent, non-stormwater discharges, and the authority vested in the Executive Officer by Water Code section 13267 as the principal regulatory mechanisms to implement the TMDL. The TMDL requires the general industrial and construction storm water permittees to achieve waste load allocations for sediment within 7 years and 9 years of the effective date of the TMDL, respectively. The TMDL requires the municipal and Caltrans storm water permittees to achieve waste load allocations for sediment in prescribed percentages of the watershed, achieving allocations in the entire watershed within 10 years. However, if an integrated resources approach is used, this deadline may be extended up to 5 years - pursuant to Regional Water Board approval.
The TMDL requires the municipal and Caltrans storm water permittees to submit a coordinated monitoring plan within one year of the effective date of the TMDL and an implementation plan within 5 1/2 years of the effective date of the TMDL. The monitoring plan must include bioaccumulation testing of fish tissue, and sediment toxicity testing. The TMDL allows for special studies, which are due within five years of the effective date of the TMDL, to refine source assessments, provide better estimates of loading capacity, and optimize implementation efforts. The TMDL specifies that within 6 months of the effective date of the State Water Resources Control Board (State Water Board) adopted sediment quality objectives and implementation policy, the Regional Water Board will reassess the numeric targets and waste load allocations for consistency with the State Water Board adopted sediment quality objectives. The TMDL also specifies that within six years of its effective date, the Regional Water Board shall reconsider the waste load allocations and implementation schedule based on the results of special studies.
With regard to existing sediment contamination by toxic pollutants, the TMDL also stipulates that the Executive Officer shall issue appropriate investigatory and clean up and abatement orders to address toxicity hotspots within sediments identified as a result of any investigation.
s 3939.22. Basin Plan Amendment to Revise the Early Life Stage Implementation Provision of the Inland Surface Water Ammonia Objectives for Freshwater.
On December 1, 2005 the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. 2005-014, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revises Chapter 3 "Water Quality Objectives" to revise the Early Life Stage (ELS) implementation provision of the inland surface water ammonia objectives for freshwater. This amendment applies the "ELS absent" 30-day average objective in major water bodies that do not have fish species that reproduce below 15 degrees Celsius. It is below 15 degrees Celsius that the objective varies on the basis of the presence or absence of ELS. The amendment also applies the "ELS absent" provision where physical conditions preclude reproduction and early development in significant numbers (even where fish species that reproduce below 15 degrees Celsius are present). The amendment applies the "ELS present" 30-day average objective to all other water bodies.
Early life stages of fish are presumptively present and must be protected at all times of the year, unless the water body is listed in the table titled, "Water Bodies Subject to 30-day Average Objective Applicable to 'ELS absent' Condition" in the Basin Plan or unless a site-specific study justifies applying the ELS absent condition or a seasonal ELS present condition. Any change in the implementation provision for the ELS present/absent condition, including the assignment of water bodies, must be approved through the Basin Plan amendment process.
If recent data and information are submitted to the Los Angeles Water Board that provide clear and convincing substantial evidence that the physical conditions of a water body listed in the table have changed due to restoration efforts such that the water body is "ELS present," the Los Angeles Water Board shall reconsider this implementation provision to ensure protection of ELS of fish in the water body.
To justify the ELS absent provision, information must be presented regarding fish species distributions, spawning periods, nursery periods, and the duration of ELS found in the water body. Expert opinions from fisheries biologists and other scientists will be considered. Where it can be obtained, a consensus opinion from a diverse body of experts would carry significant weight in determining the presence or absence of the ELS. Information on water body temperature, including spatial, seasonal, and inter-annual variability will also be considered. The determination of when ELS are most likely not to be present under chronic toxic conditions that would affect the long-term success of the fish populations should include adequate scientific justification. The Los Angeles Water Board shall use the record supporting a Basin Plan amendment as the basis upon which to approve or disapprove changes to these implementation provisions for the 30-day average ammonia objective. The Los Angeles Water Board shall ensure that the record clearly explains all the factors and information considered in arriving at the determination. The Los Angeles Water Board shall consider and weigh the breadth and depth of scientific evidence in determining whether to remove the ELS specification of a water body.
Where there is a site-specific ammonia objective for the water body and the water body is not identified as ELS absent due to physical characteristics of the water body, separate implementation provisions to protect ELS of fish may apply, since the temperature threshold at which ELS are more sensitive than invertebrates may change based on these site-specific conditions. The potential for seasonality for all ELS present water bodies will be considered before the ELS provision is applied to water bodies with a site-specific objective.
Notwithstanding anything to the contrary herein, a watershed may have some reaches and tributaries with ELS present conditions and others with ELS absent conditions. Implementation actions to achieve applicable ammonia objectives must implement downstream objectives.
s 3940. Revised Water Quality Control Plan for the Sacramento River and San Joaquin River Basins.
The revised Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, adopted 9 December 1994 by the Central Valley Regional Water Quality Control Board per Resolution No. 94-380 and approved by the State Water Resources Control Board 16 February 1995 per Resolution 95-12, modifies the regulatory provisions of the previous Water Quality Control Plan and its amendments as follows:
(a) Water Body Definitions: Adds definitions for "ground water" and "ground water basin."
(b) Beneficial Use Categories and Definitions: Add definitions for "Aquaculture," "Commercial and Sport Fishing," "Estuarine Habitat," "Marine Habitat," and "Preservation of Biological Habitats of Special Significance"; Revise beneficial use category definitions previously incorporated: Municipal and Domestic Supply" (MUN); Agricultural Supply", "Industrial Process Supply," "Ground Water Recharge," "Freshwater Replenishment," "Navigation", "Contract Water Recreation," "Non-contact Water Recreation," "Cold Freshwater Habitat," "Warm Freshwater Habitat," "Wildlife Habitat," "Rare, Threatened, and Endangered Species," "Migration of Aquatic Organisms," and "Spawning, Reproduction, and/or Early Development."
(c) Tributary Rule: Revise tributary rule to state that beneficial uses of a specifically identified waterbody generally applies to its tributary streams, but on a case-by-case basis the Regional Board may determine that a beneficial use designation does not apply to the entire body of water.
(d) Inland Surface Waters: (1) Revise chemical constituents objective, clarify that metal objectives are dissolved concentrations, and delete disapproved selenium objectives for San Joaquin River, Salt Slough, and Mud Slough; (2) Provide for "appropriate averaging periods" to determine compliance with pH objective, temperature objective, turbidity objective; (3) Revise radioactivity objective; (4) Revise Toxicity objective to clarify how Regional Board makes determinations when combinations of toxic chemicals are present; (5) Add turbidity objective for surface waters with natural turbidity less than 5 NTUs.
(e) Ground Waters: (1) Designate all ground waters, unless otherwise designated, as suitable or potentially suitable for municipal and domestic water supply (MUN), agricultural supply (AGR), industrial service supply (IND), and industrial process supply (PRO); (2) Add criteria for making exceptions to beneficial use designations of agricultural supply (AGR) or industrial supply (IND or PRO); (3) Revise chemical constituents objective; (4) Add narrative objective for toxicity.
(f) Wastewater Reuse Policy: Expand the existing "Disposal of Wastewater on Land Policy" to clarify implementation policy regarding State Water Board Resolution No. 77-1, "Statement of Policy with Respect to Water Reclamation in California."
(g) Antidegradation: Add policy on implementation of State Water Board Resolution No. 68-16, "Statement of Policy with Respect to Maintaining High Quality of Water in California."
(h) Water Quality Objectives: Add policy for application of water quality objectives to: clarify that objectives apply to all waters rather than at a point of compliance; clarify policy regarding designation of mixing zones; clarify that "background" represents an initial goal and describe how numerical limits are established in implementing a narrative water quality objective; and add method for determining when a combination of chemicals is assumed to present an unacceptable level of toxicological risk.
(i) Contaminated Sites: Add policy for investigation and cleanup of contaminated sites.
(j) Variances: Add authorization for short-term variances for vector and weed control, pest eradication, or fishery management.
s 3941. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins Specifically Authorizing Compliance Schedules in NPDES Permits for Achieving Water Quality Objectives or Effluent Limits Based on Objectives.
The amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, as adopted May 26, 1995 by the Central Valley Regional Water Quality Control Board, modifies the regulatory provisions of the previous Water Quality Control Plan as follows:
Compliance Schedules -Specific authorization was added to allow compliance schedules in NPDES permits for achieving water quality objectives or effluent limits based on objectives. The amendment authorizes time schedules in NPDES permits only for water quality objects or criteria adopted after the effective date of the amendment.
s 3942. Revised Water Quality Control Plan for the Tulare Lake Basin.
The revised Water Quality Control Plan for the Tulare Lake Basin, adopted August 17, 1995 by the Central Valley Regional Water Quality Control Board per Resolution No. 95-208 and approved by the State Water Resources Control Board, November 16, 1995 per Resolution No. 95-86 modifies the regulatory provisions of the previous Water Quality Control Plan and its amendments as follows:
(a) Introduction: adds definitions for "ground water" and "ground water basin"; clarifies waste discharge types; clarifies description of point and nonpoint discharges; describes regulatory direction on agricultural drainage water and evaporation ponds.
(b) Existing and Potential Beneficial Uses:
(1) Specifies that defined beneficial uses do not include all possible uses of water;
(2) Adds definitions for "Migration of Aquatic Organisms," "Preservation of Biological Habitats of Special Significance," "Aquaculture," and "Navigation"; revises "Fish Spawning" and "Warm Freshwater Habitat" and other beneficial use category definitions for statewide consistency;
(3) Clarifies policy on the applicability of the beneficial uses of a specifically identified water body to its tributary streams;
(4) Adds criteria for making exceptions to the beneficial use designations of Agricultural Supply and Industrial Supply;
(5) Adds surface water map dividing Tulare Lake Basin into hydrologic units: changes format of Table II-1 to reflect map.
(c) Water Quality Objectives:
(1) Clarifies how water quality objectives are to be achieved; provides for compliance within the shortest practicable time, not to exceed ten years, when immediate compliance is infeasible; explains policy for evaluating violations of water quality objectives formulated to preserve historic conditions;
(2) Inland Surface Waters:
(A) Adds narrative objective for unionized ammonia;
(B) Chemical Constituents: specifies that waters shall not contain concentrations that adversely affect beneficial uses; identifies information that will be considered to evaluate compliance; revises maximum numeric concentrations for water designated Municipal and Domestic Supply;
(C) Clarifies dissolved oxygen objective;
(D) Provides for use of averaging periods in determining compliance with objectives for pH, Temperature and Turbidity;
(E) Revises maximum numeric concentrations of pesticides and radioactivity for water designated Municipal and Domestic Supply;
(F) Specifies that Toxicity objective applies regardless of whether the toxicity is caused by a single substance or the interactive effect of multiple substances; identifies information that will be considered to evaluate compliance;
(G) Changes method of determining Turbidity from Jackson Turbidity Units (JTU) to Nephelometric Turbidity Units (NTU).
(3) Ground Waters:
(A) Chemical Constituents: clarifies narrative objective; identifies information that will be considered to evaluate compliance; revises maximum numeric concentrations for water designated Municipal and Domestic Supply;
(B) Revises maximum numeric concentrations of pesticides and radioactivity for water designated Municipal and Domestic Supply.
(d) Implementation:
(1) Provides a regulatory approach for discharges of agricultural subsurface drainage to evaporation basins;
(2) Adds a monitoring program and minimum management practices to reduce drainage to the Lower Kings River;
(3) Clarifies that animal confinement and related areas shall not create a nuisance; adds a 5-foot minimum separation requirement between the invert of the wastewater pond and the highest anticipated elevation of underlying groundwater; adds monitoring requirements for waiver of waste discharge requirements;
(4) Clarifies goal regarding overdraft of ground water;
(5) Revises valleywide drain recommendation to include salts generated by municipal, industrial, and agricultural dischargers; establishes conditions for Regional Water Board Support;
(6) Clarifies that flush toilets and package, biological treatment systems at recreational areas must meet the requirements of a domestic wastewater treatment facility;
(7) Deletes provisions requiring counties, cities or water agencies to adopt standards for drilling and abandonment of water wells, cathodic protection wells, and monitoring wells;
(8) Provides that burned areas should be managed to minimize erosion of materials into streams;
(9) Provides that wastewater dischargers will be required to reclaim and reuse wastewater whenever reclamation is feasible;
(10) Provides that Regional Water Board will review alternatives when considering a ban on new septic tank systems and elimination of existing systems;
(11) Revises effluent limits for discharges to navigable waters and discharges to land;
(12) Revises conditions for temporary waiver of wastewater reclamation requirements if the project is consistent with the "Guidelines for Use of Reclaimed Water" developed by the Department of Health Services;
(13) Requires inclusion of plans for reclamation in all project reports for new or expanded wastewater facilities;
(14) Adds a policy statement encouraging small communities to consolidate when they have insufficient resources to treat their wastewater;
(15) Revises requirements for industrial wastewater; allows discharge of higher electrical conductivity if the total salt load is decreased or the higher electrical conductivity is due to high organic material; explains policy on industrial wastewater reuse;
(16) Clarifies operational procedures for land disposal of stillage waste from wineries;
(18) Adds nature of control actions to achieve water quality objectives;
(19) Adds a policy on implementation of State Water Resources Control Board "Antidegradation Policy," Resolution No. 68-16, "Statement of Policy with Respect to Maintaining High Quality of Water in California";
(20) Application of water quality objectives:
(A) Provides that objectives apply to all waters having designated beneficial uses, rather than at an intake, wellhead or other point of consumption;
(B) Provides for designation of mixing zones in connection with the issuance of NPDES and storm water permits;
(C) Clarifies that "background" represents an initial goal and describes how the numerical limits are established in implementing the narrative water quality objectives;
(D) Clarifies how appropriate numerical limits are determined where toxic pollutants exist together in water;
(E) Provides for schedules of compliance regarding NPDES permits;
(21) Add "Ground Water Cleanups" policy: specifies factors to be considered and criteria that must be satisfied to investigate discharges and establish cleanup levels on a case-by-case basis;
(22) Adds specific prohibition of dilution in lieu of treatment to meet waste discharge requirements except in water short areas where waste may be blended with fresh water for reuse;
(23) Prohibits discharge of oil or any residuary product of petroleum;
(24) Prohibits discharge of hazardous waste or chemicals known to the state to cause cancer;
(25) Clarifies requirements that will be imposed on a discharger to a water quality limited segment;
(26) Provides for variances from Basin Plan provisions to implement control measures for vector and weed control, pest eradication, or fishery management conducted to fulfill statutory requirements.
s 3943. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Agricultural Subsurface Drainage Discharges.
The amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, as adopted May 3, 1996 by the Central Valley Regional Water Quality Control Board, modifies the regulatory provisions of the previous Water Quality Control Plan as follows:
1. Surface Water Beneficial Uses - Beneficial Uses were added to Mud Slough (north), Salt Slough and the Wetland Supply Channels, included a "Limited Beneficial Use" for Mud Slough (North) and the Wetland Supply Channels.
2. Water Quality Objective for Selenium - A Water Quality Objective for Selenium and schedule of compliance has been added for Mud Slough (North) and the San Joaquin River. A selenium Water Quality Objective has also been added for Salt Slough and reconstructed water supply channels in the Grasslands watershed.
3. Agricultural Discharge Prohibitions - The discharge of agricultural subsurface drainage from the Grasslands Watershed to the San Joaquin River is prohibited unless such discharge began prior to the effective date of this amendment, or is regulated by Waste Discharge Requirements. Selenium discharge from the Grasslands Watershed to the San Joaquin River is prohibited in amounts exceeding 8,000 lbs/yr, and is prohibited in Mud Slough and the San Joaquin River from Sack Dam to the mouth of the Merced River after October 1, 2010 unless Water Quality Objectives for selenium are being met. The discharge of agricultural subsurface drainage water to Salt Slough and the wetland water supply channels is prohibited unless quality objectives for selenium are being met.
4. Control Actions - Performance goals and effluent limits established in Waste Discharge Requirements will be used to measure progress toward achievement of Water Quality Objectives for selenium.
s 3944. Site Specific pH and Turbidity Objectives for Deer Creek in El Dorado and Sacramento Counties.
Regional Board Resolution No. R5-2002-0127, adopted on July 19 2002 by the Central Valley Regional Water Quality Control Board (CVRWQCB), amended Chapter 3, Water Quality Objectives by establishing the following site-specific pH and turbidity objectives for Deer Creek in El Dorado and Sacramento Counties:
The pH of the receiving water shall not be depressed below 6.5 nor raised above 8.5.
When the dilution ratio for discharges is less than 20:1 and where natural turbidity is less than 1 Nephelometric Turbidity Unit (NTU), discharges shall not cause the receiving water daily average turbidity to exceed 2 NTUs or daily maximum turbidity to exceed 5 NTUs. Where natural turbidity is between 1 and 5 NTUs, discharges shall not cause receiving water daily average turbidity to increase more than 1 NTU or daily maximum turbidity to exceed 5 NTUs. Where discharge dilution ratio is 20:1 or greater, or where natural turbidity is greater than 5 NTUs, the general turbidity objectives shall apply.
s 3944.1. Site Specific Objectives for Temperature for Deer Creek in El Dorado and Sacramento Counties.
Regional Board Resolution No. R5-2003-0006, adopted by the Central Valley Regional Water Quality Control Board on January 31, 2003, modified the regulatory provisions of the Water Quality Control Plan for the Sacramento and San Joaquin River Basins by (1) adding text to Chapter III (Water Quality Objectives) establishing site-specific objectives for temperature for Deer Creek in El Dorado and Sacramento Counties, and by (2) adding text to Chapter V (Surveillance and Monitoring) requiring a special study of temperature, flow, and biota on Deer Creek to be conducted by the El Dorado Irrigation District to evaluate compliance with the site-specific temperature objectives and their effect on beneficial uses. The site-specific temperature objectives are currently being attained and are specified by calendar month as a daily maximum and monthly average not to be exceeded.
s 3944.2. Revision to Site-Specific Objectives for Temperature for Deer Creek in El Dorado and Sacramento Counties.
On September 16, 2005, the Central Valley Regional Water Quality Control Board adopted Resolution No. R5-2005-0119, thereby modifying an amendment to the Water Quality Control Plan for the Sacramento and San Joaquin River Basins (Basin Plan) (previously adopted under Resolution No. R5-2003-0006) that established site-specific objectives for temperature for Deer Creek, located in El Dorado and Sacramento Counties. Resolution No. R5-2005-0119 changed the word "discharges"to the words "controllable factors" in the following sentence located in Chapter 3 of the Basin Plan: "For Deer Creek, source to Cosumnes River, temperature changes due to (strike)discharges(strike) controllable factors shall not cause creek temperatures to exceed the objectives specific in Table III-4A."
s 3945. Program for Control of Mercury in Clear Lake.
Regional Board Resolution No. R5-2002-0297, adopted on December 6, 2002, by the Central Valley Regional Water Quality Control Board, modifies the regulatory provisions of the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins by establishing a program for the control of mercury in Clear Lake. The modifications included:
1. Surface Water Beneficial Uses - The commercial and sport fishing beneficial use designation was added to Clear Lake.
2. Water Quality Objective for Methylmercury - A Water Quality Objective expressed as methylmercury concentration in fish tissue was added for Clear Lake. Methylmercury concentrations are not to exceed 0.09 mg/kg in trophic level 3 fish and 0.19 mg/kg in trophic level 4 fish.
3. Implementation Plan to Reduce Mercury - The implementation plan to reduce mercury levels in lake sediment and fish tissue includes a requirement to reduce mercury loads from the Sulphur Bank Mercury Mine by 95%, reduce lake sediment mercury concentrations by 70%, and reduce mercury loads from tributary creeks by 20%. Implementation of detailed remediation plans is required within ten years.
4. Monitoring Program - A monitoring and surveillance program includes criteria for determining compliance with the fish tissue objective. The program requires mercury monitoring in water, sediment, and fish tissue and specifies monitoring frequencies.
s 3946. Updating Language and Editorial Corrections in the Water Quality Control Plans for the Sacramento-San Joaquin River Basins and for the Tulare Lake Basin.
Amendment updates descriptions and references and makes minor corrections to the Basin Plan text.
s 3947. Program to Control the Discharge of Diazinon and Orchard Pesticide Runoff into the Sacramento and Feather Rivers.
The Amendment incorporates the following provisions into the Central Valley Regional Water Quality Control Board's (Regional Board's) Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Basin Plan):
Water Quality Objectives
A maximum diazinon concentration of 0.080 micrograms per liter (<>g/L) (1- hour average) and 0.050 <>g/L (4-day average) in the Sacramento and Feather Rivers not to be exceeded more than once every three years on the average.
Implementation Provisions for Discharge into the Sacramento and Feather Rivers.
1. After July 1, 2008, prohibits the discharge of diazinon from areas contributing to an exceedance of load allocations or water quality objectives in the previous year (July-June), unless the discharge is governed by waste discharge requirements or a waiver of waste discharge requirements.
2. Requires orchard dischargers to consider alternative pest control methods or control runoff to meet Basin Plan requirements, if an alternative to diazinon would degrade groundwater or surface water.
3. Requires compliance with diazinon water quality objectives, wasteload allocations, and load allocations by June 30, 2008.
4. Establishes the diazinon wasteload allocations for National Pollutant Discharge Elimination System-permitted sources equal to the diazinon water quality objectives.
5. Requires Regional Board review of the allocations and implementation provisions by June 30, 2007 and every five years thereafter.
6. Establishes the loading capacity for diazinon as equal to the water quality objective times flow as measured at three locations in the Sacramento River and one location in the Feather River, with the flow value adjusted to account for flood control diversions.
7. Establishes load allocations for nonpoint sources for four sub-watersheds above the Sacramento River at Verona (17 percent of the loading capacity to the Colusa Basin Drain, 12 percent to the Feather River, 27 percent to the Sacramento River at Colusa, and 33 percent to the Sutter Butte Basin) and establishes load allocations for nonpoint source discharge to the Sacramento River from Verona to the I Street Bridge. The load allocations are based on the available loading capacity minus a margin of safety.
8. States that the Regional Board will require any additional reductions in diazinon necessary to account for additive or synergistic effects or protect tributary waters.
9. Requires the submission of a management plan to the Regional Board by June 30, 2005 that describes the actions to be taken by diazinon dischargers to meet the allocations and objectives.
10. Requires any waiver of waste discharge requirements to be consistent with the provisions of the implementation program.
11. Includes other provisions that define terms and describe how the Regional Board will conduct the implementation program.
12. Includes estimates of the cost of the program for agriculture.
Monitoring
Requires the monitoring and reporting program associated with any waiver of waste discharge requirements or waste discharge requirements that addresses orchard pesticide runoff in the Sacramento Valley be designed to collect the information necessary to:
1. Determine compliance with established water quality objectives for diazinon in the Sacramento and Feather Rivers;
2. Determine compliance with established waste load allocations and load allocations for diazinon;
3. Determine the degree of implementation of management practices to reduce off-site migration of diazinon;
4. Determine the effectiveness of management practices and strategies to reduce off-site migration of diazinon;
5. Determine whether alternatives to diazinon are causing surface water quality impacts;
6. Determine whether the discharge causes or contributes to a toxicity impairment due to additive or synergistic effects of multiple pollutants; and
7. Demonstrate that management practices are achieving the lowest pesticide levels technically and economically achievable.
s 3948. Dedesignating Four Beneficial Uses of Old Alamo Creek, Solano County.
Regional Board Resolution No. R5-2005-0053, adopted by the Central Valley Regional Water Quality Control Board on April 28, 2005, modified the regulatory provisions of the Water Quality Control Plan for the Sacramento and San Joaquin River Basins by dedesignating four beneficial uses (municipal and domestic supply, cold freshwater habitat, spawning, reproduction, and early development of fish, and migration of aquatic organisms) of Old Alamo Creek in Solano County.
s 3949. Program for Control of Diazinon and Chlorpyrifos Runoff into the Lower San Joaquin River.
On October 21, 2005, the Central Valley Water Board adopted Resolution No. 2005-0138. The Amendment incorporates the following provisions into the Central Valley Regional Water Quality Control Board's (Regional Board's) Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Basin Plan):
Water Quality Objectives
A maximum chlorpyrifos concentration of 0.025 micrograms per liter (<>g/L) (1-hour average) and 0.015 <>g/L (4-day average) and a maximum diazinon concentration of 0.16 micrograms per liter (<>g/L) (1-hour average) and 0.10 <>g/L (4-day average) in the San Joaquin River from Mendota Dam to Vernalis not to be exceeded more than once in a three year period.
Implementation Provisions for Discharge into the San Joaquin River.
1. After December 1, 2010, the discharge of diazinon or chlorpyrifos is prohibited during dormant and irrigation seasons if there was any exceedence of diazinon and/or chlorpyrifos water quality objectives in the previous season. The prohibitions do not apply if the discharge is subject to a waiver of waste discharge or waste discharge requirement.
2. Requires dischargers to consider whether an alternative to diazinon or chlorpyrifos would degrade ground or surface water.
3. Requires compliance by December 1, 2010.
4. Requires Regional Water Board review of the allocations and implementation provisions by December 31, 2009 and every five years thereafter.
5. Establishes the wasteload allocations for National Pollutant Discharge Elimination System-permitted sources, load allocations for nonpoint source discharges, and the Loading Capacity of the San Joaquin River from the Mendota Dam to Vernalis as defined below:
C D = diazinon concentration in mg/L of point source discharge for the WLA; nonpoint source discharge for the LA; or San Joaquin River for the LC.
C C = chlorpyrifos concentration in mg/L of point source discharge for the WLA; nonpoint source discharge for the LA; or San Joaquin River for the LC.
WQO D = acute or chronic diazinon water quality objective in <>g/L. (continued)