1. ADAPTIVE IMPLEMENTATION FOR SEDIMENT-BASED TMDL’S BACWA’S COMMENTS James M. Kelly Chair, Bay Area Clean Water Agencies Director of Operations Central Contra Costa Sanitary District May 4, 2004

2. Assessing the TMDL Approach to Water Quality Management Adaptive implementation is, in fact, the Application of the scientific method to decision- making. It is a process of taking actions of limited scope commensurate with available data and information to continuously improve our understanding of a problem and its solutions, while at the same time making progress toward attaining a water quality standard.

3. Assessing the TMDL Approach to Water Quality Management (continued) Plans for future regulatory rules and public spending should be tentative commitments subject to revision as we learn how the system responds to actions taken early on.

4. CENTRAL CONTRA COSTA SANITARY DISTRICT NPDES PERMIT REGIONAL MONITORING PROGRAM The Discharger shall continue to participate in the Regional Monitoring Program (RMP) to characterize the ambient background water quality of trace substances in San Francisco Bay, and to assist the Regional Board in TMDL development.

5. CENTRAL CONTRA COSTA SANITARY DISTRICT NPDES PERMIT (continued) The Discharger’s continued Participation in the RMP will offset some of the more extensive effluent and receiving water self-monitoring requirements that may otherwise be imposed.

6. BACWA – BAY AREA CLEAN WATER AGENCIES  Collect and treat wastewater from over 5,000,000 in San Francisco Bay area  Invested billions of dollars in treatment facilities  Spend $500 million per year to treat  Invest millions of dollars per year in pollution prevention

7. BACWA – BAY AREA CLEAN WATER AGENCIES  Members in Regional Monitoring Program  Nominally 1 percent of source of listed pollutants  Co-founder of Clean Estuary Partnership (CEP)  Permit compliance is a core value for BACWA agencies

8. CLEAN ESTUARY PARTNERSHIP (CEP)  Formed to set TMDL’s done  Focus evolved to include water quality attainment strategies  Effort now includes conceptual model / impairment assessment for listed pollutants

9. WHAT ARE VIABLE POSSIBLE / VIABLE IMMEDIATE ACTIVITIES  CEP and its studies  Pollution Prevention / Dental Program  Support studies to further define needed action

10. ARE YOU WILLING TO ACCEPT RESPONSIBILITY FOR IMMEDIATE ACTIONS?  BACWA is taking action  BACWA doesn’t want our good deeds to be punished  BACWA supports defining problem and needed actions

11. WHAT DOES BACWA NEED TO KNOW  That BACWA’s money and commitments will result in environmental improvements  Will there be a workable pollutant trading policy  BACWA’s actions relate to BACWA’s responsibilities

12. WHAT ARE THE BARRIERS / WHAT DATA IS NEEDED  Vested interests  Permit action that puts BACWA member agencies non-compliance with no measurable environmental benefit  CEP to continue to evolve Partners Actions

13. ARE YOU WILLING TO PAY MORE FOR STUDIES ?  We are now!  CEP / RWQCB have made notable progress  CEP has created forum for input from all interested parties  Role of the RMP?