Cal. Code Regs. tit. 23 § 3912

Current through Register 2024 Notice Reg. No. 37, September 13, 2024

Section 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.

(q)Dredging:

(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.

Cal. Code Regs. Tit. 23, § 3912

1. New section filed 11-14-95; operative 11-13-95, Regional Board Resolution No. 92-117 (9-16-92), as approved by State Board Resolution No. 93-40 (4-27-93), except for the provisions that incorporate and implement the statewide plans for Inland Surface Waters and Enclosed Bays and Estuaries adopted by the State Board on 4-11-91; Regional Board Resolution No. 92-131 (10-21-92), as approved by State Board Resolution No. 94-19 (2-17-94); Regional Board Resolution No. 94-101 (8-17-94), as approved by State Board Resolution No. 94-117 (12-13-94); Regional Board Resolution No. 95-076 (6-21-95), as approved by State Board Resolution No. 95-44 (7-20-95). Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 46).
2. Nonsubstantive amendments throughout the basin plan filed 12-22-2006; amendments adopted on 11-16-2005 by the San Francisco Bay Regional Water Quality Control Board Resolution No. R2-2005-0062; approved on 4-18-2006 by the State Water Resources Control Board Resolution No. 2006-0024; approved by OAL pursuant to Government Code section 11353 (Register 2006, No. 51).