Cal. Code Regs. tit. 23 § 3929.2
Resolution No. R3-2005-0132, adopted on December 2, 2005 by the Central Coast Regional Water Quality Control Board (Central Coast Water Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region (Basin Plan) by establishing Pajaro River Watershed Total Maximum Daily Load (TMDLs) for sediment (including Llagas Creek, Rider Creek, and San Benito River); adopted numeric targets for sediment; adopted an implementation plan to achieve the TMDLs, and adopted a Land Disturbance Prohibition. The State Water Resources Control Board (State Water Board) approved the amendment on September 21, 2006, under Resolution No. 2006-0068.
The TMDLs address impairment of Pajaro River, Llagas Creek, Rider Creek, and San Benito River due to sedimentation. An implicit margin of safety was incorporated into the TMDLs through the use of conservative assumptions throughout the sediment source analysis and characterization of beneficial use impacts. The Central Coast Water Board set load allocations for subwatersheds based on reduction of sediment from agricultural, rangeland, rural residential, and mining activities, as well as reductions in road-related erosion. The amendment establishes numeric targets for suspended sediment concentrations and streambed sediment characteristics that are known to be supportive of the beneficial uses protecting anadromous fish. The numeric targets interpret narrative water quality objectives for sediment in the Basin Plan.
The TMDLs rely on a Land Disturbance Prohibition for the Pajaro River Watershed that requires owners and operators of grazing, farm animal and livestock, hydromodification, and road activities to submit a Nonpoint Source Pollution Control Implementation Program or document that their activity does not result in the discharge of sediment. The Central Coast Water Board will rely upon National Pollutant Discharge Elimination System permits, waste discharge requirements (WDRs) and waivers of WDRs to ensure that implementing parties carry out implementation actions. Responsibility for achieving the numeric targets falls upon several entities as described in the resolution. This Basin Plan amendment establishes a 45-year implementation period to achieve the TMDLs. The Central Coast Water Board plans to track progress towards achieving the TMDLs through review of implementation actions and monitoring conducted by the implementing parties. Central Coast Water Board staff plans to conduct triennial reviews of implementation actions and monitoring results. If ongoing efforts are not expected to achieve the TMDLs as scheduled (as determined by a triennial review), the Executive Officer of the Central Coast Water Board may require changes to existing monitoring, reporting, or implementation efforts pursuant to Water Code (WC) section 13267 or 13383. Should Nonpoint Source Pollution Control Implementation Programs or documentation require modification or, if a party fails to submit a Program or documentation, the Executive Officer may issue a civil liability complaint pursuant to WC section 13268 or 13350 or, alternatively, propose individual or general WDRs to assure compliance with the prohibition.
Cal. Code Regs. Tit. 23, § 3929.2