1. Santa Ana Regional Water Quality Control Board Update on Maximum Benefit And Perchlorate Issues In the Chino Basin Gerard J. Thibeault, P.E. Executive Officer July 20, 2004

2. Nitrogen/TDS Basin Plan Amendment N/TDS Task Force N/TDS Task Force 7-Year Effort 7-Year Effort Funded by water supply, wastewater, & other governmental agencies Funded by water supply, wastewater, & other governmental agencies Scientific review of water quality objectives adopted in 1972. Scientific review of water quality objectives adopted in 1972. Evaluated Santa Ana Basin for assimilative capacity Evaluated Santa Ana Basin for assimilative capacity

3. Assimilative Capacity If assimilative capacity exists, then may discharge at quality in excess of objectives, if supported by antidegradation analysis (maximum benefit & support beneficial uses) If assimilative capacity exists, then may discharge at quality in excess of objectives, if supported by antidegradation analysis (maximum benefit & support beneficial uses) If no assimilative capacity, may not discharge at quality above objectives (Rancho Caballero decision) If no assimilative capacity, may not discharge at quality above objectives (Rancho Caballero decision)

4. “Maximum Benefit” Objectives In many cases, historic water quality was very good, and hence, calculated antidegradation objectives were found to be very restrictive In many cases, historic water quality was very good, and hence, calculated antidegradation objectives were found to be very restrictive Objectives too low, with little or no assimilative capacity, for discharge of recycled water, or even SPW Objectives too low, with little or no assimilative capacity, for discharge of recycled water, or even SPW

14. Max Ben Objectives Three areas made requests for objectives less stringent than the scientifically- derived antidegradation objectives Three areas made requests for objectives less stringent than the scientifically- derived antidegradation objectives Chino Basin, Yucaipa, and Beaumont Chino Basin, Yucaipa, and Beaumont Made proposals for integrated water quality and water supply management strategies, including alternative WQ objectives Made proposals for integrated water quality and water supply management strategies, including alternative WQ objectives

15. Max Ben Objectives Less stringent objectives would allow lowering of water quality, so must satisfy state’s antidegradation policy – Resolution 68-16 Less stringent objectives would allow lowering of water quality, so must satisfy state’s antidegradation policy – Resolution 68-16 1. Demonstrate that beneficial uses will continue to be protected 1. Demonstrate that beneficial uses will continue to be protected 2. Water quality consistent with maximum benefit to the people of the state will be maintained 2. Water quality consistent with maximum benefit to the people of the state will be maintained

16. Max Ben Demonstration Chino Basin Example Chino Basin Example Integrated water supply plan Integrated water supply plan Recycled water Recycled water Enhanced stormwater capture Enhanced stormwater capture Two (later, three) desalters Two (later, three) desalters Recharge excess low-TDS SPW Recharge excess low-TDS SPW Hydraulic Isolation Hydraulic Isolation Extensive monitoring proposal Extensive monitoring proposal Water softener improvement program Water softener improvement program

17. Chino Basin Max Benefit Max benefit to people of state Max benefit to people of state Extraction and treatment of salt- contaminated groundwater Extraction and treatment of salt- contaminated groundwater Protect downstream users from rising poor-quality groundwater Protect downstream users from rising poor-quality groundwater Less reliance on SPW for growth Less reliance on SPW for growth Integrated water supply planning – Optimum Basin Management Program Integrated water supply planning – Optimum Basin Management Program

18. Basin Plan Amendment Regional Board strongly supported task force effort Regional Board strongly supported task force effort Amendment incorporating max ben objectives for Chino Basin adopted without dissent or objection Amendment incorporating max ben objectives for Chino Basin adopted without dissent or objection Forwarded to State Board and Office of Administrative Law for adoption Forwarded to State Board and Office of Administrative Law for adoption

19. Current Status of Max Ben Basin Plan Amendment State Board staff review complete State Board staff review complete Never before attempted Never before attempted Significant discussion and explanation Significant discussion and explanation Asked for more explanation added to text Asked for more explanation added to text Judged non-substantive changes Judged non-substantive changes S.B. staff agreed to take BPA to S.B. S.B. staff agreed to take BPA to S.B. Requested expedited hearing Requested expedited hearing State Board W.S. on September 8 th State Board W.S. on September 8 th State Board hearing on September 23 rd State Board hearing on September 23 rd

20. Public Drinking Water Wells Affected by Perchlorate Public Drinking Water Wells Affected by Perchlorate Riverside County: 61 Riverside County: 61 San Bernardino County: 80 San Bernardino County: 80 Orange County: 31 Orange County: 31 Santa Ana Region total: 172 Santa Ana Region total: 172 Statewide: 338 Statewide: 338

21. Perchlorate Source Areas North Rialto (DOD, defense contractors, fireworks) North Rialto (DOD, defense contractors, fireworks) Mentone (Lockheed Martin) Mentone (Lockheed Martin) Glen Avon (Stringfellow site) Glen Avon (Stringfellow site) Orange County (Colorado River water) Orange County (Colorado River water) Historic Chilean Fertilizer Use - ??? Historic Chilean Fertilizer Use - ???

22. Rialto/Colton/Fontana Wells Affected by Perchlorate WVWD –58,000 gpm WVWD –58,000 gpm Rialto – 5 10,206 gpm Rialto – 5 10,206 gpm Colton – 3 4,713 gpm Colton – 3 4,713 gpm Fontana WC – 7 14,900 gpm Fontana WC – 7 14,900 gpm Total2037,819 gpm

23. Mid-Valley Landfill N Pyro Spectaculars Robertson’s Ready-Mix American Promotional Events Former Bunker Area Denova Environmental Former West Coast Loading Corp. & Goodrich Site Astro Pyrotechnics Rialto Concrete Former Pond

27. R/C/F Regulatory Activities 21 Investigation Orders, pursuant to CWC 13267 21 Investigation Orders, pursuant to CWC 13267 14 Soil & GW Investigation Orders 14 Soil & GW Investigation Orders 7 Orders for Investigation of Records 7 Orders for Investigation of Records

28. R/C/F Regulatory Activities Enforcement Actions Enforcement Actions 4 Notices of Violation 4 Notices of Violation 3 Administrative Civil Liability Complaints issued ($30,000 collected) 3 Administrative Civil Liability Complaints issued ($30,000 collected) 1 Cleanup and Abatement Order to San Bernardino County 1 Cleanup and Abatement Order to San Bernardino County 1 Cleanup and Abatement Order for Astro/Peters/Whittaker Corp. 1 Cleanup and Abatement Order for Astro/Peters/Whittaker Corp.

29. Wellhead Treatment Systems City of Colton – All 3 affected wells have treatment systems City of Colton – All 3 affected wells have treatment systems City of Rialto – 5 wells City of Rialto – 5 wells 2003 – one well 2003 – one well 2004 – two more wells to be added 2004 – two more wells to be added

31. Wellhead Treatment Systems West Valley Water District – 5 wells West Valley Water District – 5 wells 2003 – two wells 2003 – two wells 2005 – another well, early 2005 2005 – another well, early 2005 Fontana Water Company – 7 wells Fontana Water Company – 7 wells 2003 – two wells 2003 – two wells 2004 – one well 2004 – one well

33. Wellhead Treatment Systems $3,000,000 from SWRCB Cleanup and Abatement Account $3,000,000 from SWRCB Cleanup and Abatement Account $3,000,000 (+/-) from Props 13 and 50 $3,000,000 (+/-) from Props 13 and 50 $4,000,000 from Goodrich settlement $4,000,000 from Goodrich settlement $135,000 to date from Regional Board liability assessment contributions $135,000 to date from Regional Board liability assessment contributions Regional Board requested an additional $2,000,000 from Cleanup and Abatement Account Regional Board requested an additional $2,000,000 from Cleanup and Abatement Account

34. Ongoing Litigation West Coast Loading/Kwikset Locks/Emhart Industries/Black & Decker – Ongoing litigation seeking relief from Regional Board investigation activities. West Coast Loading/Kwikset Locks/Emhart Industries/Black & Decker – Ongoing litigation seeking relief from Regional Board investigation activities. Two Deputies Attorney General, one SWRCB Office of the Chief Counsel attorney, and lawyer representing City of Rialto, as well as thousands of staff hours for litigation support Two Deputies Attorney General, one SWRCB Office of the Chief Counsel attorney, and lawyer representing City of Rialto, as well as thousands of staff hours for litigation support Additional litigation deadlines approach Additional litigation deadlines approach

35. Additional Inland Empire Sites Chino Basin Watermaster – 28 wells (Chino, Chino Hills, Ontario, Rancho Cucamonga, and Fontana) Chino Basin Watermaster – 28 wells (Chino, Chino Hills, Ontario, Rancho Cucamonga, and Fontana) Initiating investigation activities Initiating investigation activities East Valley Water District, City of San Bernardino and City of Riverside – 17 wells East Valley Water District, City of San Bernardino and City of Riverside – 17 wells Initiating investigation activities Initiating investigation activities

36. Citrus and Perchlorate Many contaminated areas with no sources Many contaminated areas with no sources Staff research – Chilean Nitrate fertilizer mined since late 1800’s, and imported to citrus groves in Inland Empire from early to mid-1900’s (possible from late 1800’s) Staff research – Chilean Nitrate fertilizer mined since late 1800’s, and imported to citrus groves in Inland Empire from early to mid-1900’s (possible from late 1800’s) Heavily used for Inland Empire citrus production Heavily used for Inland Empire citrus production

37. Citrus and Perchlorate Hundreds of thousands of tons thru WWII Hundreds of thousands of tons thru WWII Chilean contains 0.2% perchlorate Chilean contains 0.2% perchlorate Acts much like nitrate Acts much like nitrate Chilean Nitrate, alone or combined with CRW, may be source of widespread low-level perchlorate contamination Chilean Nitrate, alone or combined with CRW, may be source of widespread low-level perchlorate contamination

40. California Citrograph October, 1928

42. Citrus and Perchlorate Certain affected parties are upset with findings of this research Certain affected parties are upset with findings of this research Part of cleanup costs would not be responsibility of industrial sources Part of cleanup costs would not be responsibility of industrial sources Public would be required to pay for portion of cleanup and wellhead treatment Public would be required to pay for portion of cleanup and wellhead treatment Expect this to be subject of future senate hearings Expect this to be subject of future senate hearings