1. Water Quality Control Plans

2. Water Quality Control Plans
Regional WQ Control Plan = Basin Plan
10 Regional Water Quality Control Plans
9 Regions in CA
Region 5
Central Valley
Tulare Lake

3. Basin Plan Must conform with CWC §13000 (Vision)
The Legislature finds and declares that the people of the state have a primary interest in the conservation, control, and utilization of the water resources of the state, and that the quality of all the waters of the state shall be protected for use and enjoyment by the people of the state.

4. Basin Plan CWC §13000 (Vision2)
The Legislature further finds and declares that activities and factors which may affect the quality of the waters of the state shall be regulated to attain the highest water quality which is reasonable, considering all demands being made and to be made on those waters and the total values involved, beneficial and detrimental, economic and social, tangible and intangible.

5. Basin Plan CWC §13000 (Vision3)
The Legislature further finds and declares that the health, safety and welfare of the people of the state requires that there be a statewide program for the control of the quality of all the waters of the state; that the state must be prepared to exercise its full power and jurisdiction to protect the quality of waters in the state from degradation originating inside or outside the boundaries of the state; that the waters of the state are increasingly influenced by interbasin water development projects and other statewide considerations; that factors of precipitation, topography, population, recreation, agriculture, industry and economic development vary from region to region within the state; and that the statewide program for water quality control can be most effectively administered regionally, within a framework of statewide coordination and policy.

6. Basin Plan
What do the BPs have to ensure the legislatures vision: Must Conform with CWC §13240
Each Region must formulate and adopt a Basin Plan for all areas within a region
Basin Plan must be consistent §13000 and any State Policy
§13170 Adopted State Board Plans supersede
During the process of formulating such plans the regional boards shall consult with and consider the recommendations of affected state and local agencies
Shall be Periodically Reviewed and May be Revised
13170 State Board can adopt water quality control plans and they supersede regional plans in any conflict.

7. Basin Plan Must Conform with CWC §13050 (j)
“Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality objectives.

8. Basin Plan Must Conform with CWC §13050 (j)
“Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality objectives.

9. Basin Plan (1) What are Beneficial Uses?
CWC §13050 (f) “Beneficial uses” of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.
** The Clean Water Act [§303] Requires that the State designate beneficial uses for surface waters for protection and propagation of fish, shellfish and wildlife, recreation in and on the water (“fishable/swimmable” goals, CWA §101), use of water for public water supplies, and agricultural, industrial, and navigational purposes [CWA §303].

10. Basin Plan Must Conform with CWC §13050 (j)
“Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality objectives.

11. Basin Plan What are Water Quality Objectives? CWC §13050 (h)
“Water quality objectives” means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area.

12. Basin Plan Dart Board Method? CWC §13241. Water quality objectives
Each regional board shall establish such water quality objectives in water quality control plans as in its judgment will ensure the reasonable protection of beneficial uses and the prevention of nuisance; however, it is recognized that it may be possible for the quality of water to be changed to some degree without unreasonably affecting beneficial uses.

13. Basin Plan CWC §13241. Water quality objectives
(a) Past, present, and probable future beneficial uses of water.
(b) Environmental characteristics of the hydrographic unit under consideration, including the quality of water available thereto.
(c) Water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality in the area.
(d) Economic considerations.
(e) The need for developing housing within the region.
(f) The need to develop and use recycled water.

14. Basin Plan Must Conform with CWC §13050 (j)
“Water quality control plan” consists of a designation or establishment for the waters within a specified area of all of the following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality objectives.

15. Basin Plan An Implementation Plan? CWC §13242. Implementation
A description of the nature of actions which are necessary to achieve the objectives, including recommendations for appropriate action by any entity, public or private.
A time schedule for the actions to be taken.
A description of surveillance to be undertaken to determine compliance with objectives.

16. Basin Plan Review of Basin Plan?
CWC §13240 requires “periodic” review of the Basin Plan
CWA §303(c)(1) requires a “triennial” review of Water Quality Standards.
Requires a formal action adopting the Review

17. Three Statewide Plans Ocean Plan Thermal Plan Bay-Delta Plan
Future Plans?

18. Statewide Plans Ocean Plan
Applies to “Ocean Waters” as defined by California Law
Beneficial Uses
Objectives
Monitoring and Surveillance

19. Statewide Plans Thermal Plan
Apples to Coastal and Interstate Waters, Enclosed Bays and Estuaries
Cold Interstate Waters
Warm Interstate Waters
Colorado and Lost Rivers
Coastal Waters
Enclosed Bays
Estuaries
Elevated temperature waste discharges into cold interstate waters are prohibited.
Warm Interstate Waters
A. Thermal waste discharges having a maximum temperature greater than 5°F above natural receiving water temperature are prohibited.
B. Elevated temperature wastes shall not cause the temperature of warm interstate waters to increase by more than 5°F above natural temperature at any time or place.
C. Colorado River
Lost River - Elevated temperature wastes discharged to the Lost River shall not cause the temperature of the receiving water to increase by more than 2°F
Coastal Waters
A. Existing discharges
(1) Elevated temperature wastes shall comply with limitations necessary to assure protection of the beneficial uses and areas of special biological significance.
B. New discharges
(1) Elevated temperature wastes shall be discharged to the open ocean
away from the shoreline to achieve dispersion through the vertical
water column.
(2) Elevated temperature wastes shall be discharged a sufficient distance from areas of special biological significance to assure the maintenance of natural temperature in these areas.
(3) The maximum temperature of thermal waste discharges shall not
exceed the natural temperature of receiving waters by more than 20°F.
(4) The discharge of elevated temperature wastes shall not result in
increases in the natural water temperature exceeding 4°F at (a) the
shoreline, (b) the surface of any ocean substrate, or (c) the ocean
surface beyond 1,000 feet from the discharge system. The surface
temperature limitation shall be maintained at least 50 percent of the
duration of any complete tidal cycle.
(5) Additional limitations shall be imposed when necessary to assure
protection of beneficial uses.
4. Enclosed Bays
(1) Elevated temperature waste discharges shall comply with limitations
necessary to assure protection of beneficial uses. 5
necessary to assure protection of beneficial uses. The maximum
temperature of waste discharges shall not exceed the natural
temperature of the receiving waters by more than 20°F.
(2) Thermal waste discharges having a maximum temperature greater than
4°F above the natural temperature of the receiving water are prohibited.
5. Estuaries
(1) Elevated temperature waste discharges shall comply
with the following:
a. The maximum temperature shall not exceed the natural
receiving water temperature by more than 20°F.
b. Elevated temperature waste discharges either individually or combined with other discharges shall not create a zone, defined by water temperatures of more than 1°F above natural receiving water temperature, which exceeds 25 percent of the cross-
sectional area of a main river channel at any point.
c. No discharge shall cause a surface water temperature rise greater than 4°F above the natural temperature of the receiving waters at any time or place.
d. Additional limitations shall be imposed when necessary to
assure protection of beneficial uses.
(2) Thermal waste discharges shall comply with the provisions of 5A (1) above and, in addition, the maximum temperature of thermal waste discharges shall not exceed 86°F.
with item 5A(1) above. 6
(2) Thermal waste discharges having a maximum temperature greater than 4°F above the natural temperature of the receiving water are prohibited.
(3) Additional limitations shall be imposed when necessary to assure

20. Statewide Plans Bay-Delta Plan
Applies to San Francisco Bay/Sacramento-San Joaquin Delta Estuary
Beneficial Uses
Water Quality Objectives
Implementation
“Complimentary” to Regional Board Basin Plans

21. Statewide Policies
Policy for Water Quality Control (adopted July 6, 1972)
Statement of Policy with Respect to Maintaining High Quality of Waters in California (Antidegradation Policy – SWRCB Resolution No )
Water Quality Control Policy for the Enclosed Bays and Estuaries of California (SWRCB Res )

22. Statewide Policies (cont.)
Water Quality Control Policy on the Use and Disposal of Inland Waters Used for Powerplant Cooling (SWRCB Res )
Policy with Respect to Water Reclamation in California (SWRCB Res. 77-1)
Policy on Disposal of Shredder Waste (SWRCB Res )
Policy Regarding the Underground Storage Tank Pilot Program (SWRCB Res )

23. Statewide Policies (cont.)
Sources of Drinking Water Policy (SWRCB Res )
Pollutant Policy Document for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (SWRCB Res )
Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code §13304 (Containment Zone Policy – SWRCB Res )

24. Statewide Policies (cont.)
Policy for Regulation of Discharges of Municipal Solid Waste (SWRCB Res )
Water Quality Enforcement Policy (SWRCB Res & )
Consolidated Toxic Hot Spots Cleanup Plan (Adopted as a water quality control policy) (SWRCB Res )
Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (“CTR” Policy – SWRCB Res )
Compliance Schedule Policy (SWRCB Resolution No )

25. Using Our Basin Plan
CWC §13242(a) Requires a description of the nature of actions which are necessary to achieve the objectives. So how can we can use our Basin Plan?
Issuance of Waste Discharge Requirements (WDR), which also serve as National Pollutant Discharge Elimination System (NPDES) permits for discharges from point sources to navigable waters, including stormwater runoff permitting;

26. Using Our Basin Plan (cont.)
Issuance of WDRs for discharges to groundwater and to earthen containment intended to preclude discharges reaching groundwater (e.g., landfills, ponds, land application of treated wastewater, sludge disposal, etc.);

27. Using Our Basin Plan (cont.)
Issuance of WDRs or conditional Waivers of WDRs for discharges of irrigated agriculture return flows;
Identification of background water quality;
Establishment of water quality based effluent limitations;

28. Using Our Basin Plan (cont.)
Prohibitions of discharge and, if applicable, the criteria under which exceptions to the prohibitions may be granted;
Nonpoint source control programs including applicability and procedures for approval/acceptance of management practices;
Establishment of Total Maximum Daily Loads (TMDL) with implementation plans;

29. Using Our Basin Plan (cont.)
Enforcement considerations;
Policy and procedures for addressing specified types of discharges, including agricultural runoff, erosion control, and vessel waste;
Policy and procedures for determining compliance with effluent limits and water quality objectives;

30. Using Our Basin Plan (cont.)
Policy and procedures for addressing specified programs, including wastewater reclamation, re-use and land disposal;
Waiver policy and listing of types of waivers granted;
State Board-adopted Policies and Guidelines;
Listing, and brief description, of cooperative agreements with other agencies for water quality control, such as Memoranda Of Understanding and Management Agency Agreements.

31. Using our Basin Plan (cont.2)
CWC §13242(c) Requires a description of surveillance and monitoring
CWC §13267 Inspections; Investigations
(a) RB may investigate the quality of any water of the State within it’s region.
In conducting an investigation RB may require technical or monitoring program reports of any discharger or suspected discharger
Recommend Reading entire Section
Very powerful Tool
(a) A regional board, in establishing or reviewing any
water quality control plan or waste discharge
requirements, or in connection with any action relating to
any plan or requirement authorized by this division, may
investigate the quality of any waters of the state within its
region.
(a) A regional board, in establishing or reviewing any water quality control plan or waste discharge
requirements, or in connection with any action relating to any plan or requirement authorized by this division, may investigate the quality of any waters of the state within its region.
(b) (1) In conducting an investigation specified in subdivision (a), the regional board may require that any
person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports.
(2) When requested by the person furnishing a report, the portions of a report that might disclose trade secrets or secret processes may not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies. However, these portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(c) In conducting an investigation pursuant to subdivision (a), the regional board may inspect the facilities of any person to ascertain whether the purposes of this division are being met and waste discharge requirements are being complied with. The inspection shall be made with the

32. Aligning Basin Plan with Priorities
Modifying the Basin Plan
Amendments
Total Maximum Daily Loads
Site Specific Objectives (SSO’s)
Alteration to a Water Quality Objective in a given area
WER
UAA
Policies
New Direction
Compliance Schedule
Requirements vs. Recommendations

33. Aligning Basin Plan with Priorities (cont.)
Modifying the Basin Plan
Basin Plan Amendment
Total Maximum Daily Load (TMDL)
Maximum Amount (loading capacity) Waterbody can receive and still meet WQS.
TMDL = ΣWLA + ΣLA + MOS

34. Aligning Basin Plan with Priorities (cont.)
Modifying the Basin Plan (cont.)
Basin Plan Amendment (Cont.)
Water Effects Ratio (WER)
A WER is a means to account for a difference between the toxicity of a pollutant in laboratory test water and its toxicity in local waterbodies.

35. Aligning Basin Plan with Priorities (cont.)
Modifying the Basin Plan (cont.)
Basin Plan Amendment (cont.)
Use Attainability Analysis (UAA)
UAAs are “a structured scientific assessment of the factors affecting the attainment of a use which may include physical, chemical, biological, and economic factors…”(40 CFR (g))

36. Aligning Basin Plan with Priorities (cont.)
Modifying the Basin Plan (cont.)
Basin Plan Amendment (cont.)
Policies
New Direction
Compliance Schedule
Requirements vs. Recommendations

37. Aligning Basin Plan with Priorities (cont.)
Examples
Los Angeles River Metals
Encourage Regional Solutions
Created “Jurisdictional Groups”
Malibu Creek and Lagoon Bacteria
Reference System/Antidegradation approach
Exceedance Days
Encourage Regional Implementation
Malibu Bacteria, SMB wet weather Bacteria, Ballona Bacteria, and Marina del Rey Bacteria allowed extra time based on an integrated water resources approach. However, this approach focuses on multiple water quality/quantity benefits rather than cooperation among entities. Although it is likely that entities would have to cooperate to achieve multiple benefits, this was not an explicit requirement for the additional compliance time. Instead, we encouraged cooperation among entities by assigning jurisdictional groups, which allowed flexibility in scheduling to achieve WLAs, but not additional compliance time. (The SMB wet weather Bacteria TMDL was the first and has the most detail.)
The metals TMDLs did not include an integrated approach incentive, but did include the jurisdictional groups.

38. Aligning Basin Plan with Priorities (cont.)
Other Possibilities?
Encourage Low Impact Development (LID)
Allow more time to install/implement LID approaches
Natural Source Exclusion Language?
Policies to address pollutant sources outside of TMDLs
North Coast Water Board Sediment Policy
Regulate Impacts to Beneficial Uses
Nutrient Numeric Endpoints

39. Aligning Basin Plan with Priorities (cont.)
What other possibilities are there?
Questions/Comments/Discussion