Cal. Code Regs. tit. 23 § 3939.15

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 3939.15 - Total Maximum Daily Load for Bacteria in Malibu Creek

This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) for bacteria in Malibu Creek and Lagoon for summer (April 1 to October 31) dry weather, winter (November 1 to March 31) dry weather and wet-weather days. Wet-weather days are defined as any day receiving 0.1 inch of rain or more and three days thereafter. The TMDL establishes the loading capacity of the Malibu Creek and Lagoon as the maximum densities of the four bacterial indicators (total coliform, E. coli, fecal coliform, and enterococcus) as specified in the Basin Plan as bacteriological water quality objectives for fresh and marine water having a water contact beneficial use designation. This TMDL will be implemented in two phases over a fifteen-year period. By January 24, 2012, compliance with the allowable number of dry-weather exceedance days must be achieved. By July 15, 2021, compliance with the allowable number of wet-weather exceedance days and rolling geometric mean targets must be achieved.

The regulatory mechanisms to implement the TMDL may include, but are not limited to, the Los Angeles County Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit, Ventura County MS4 NPDES Permit, the Caltrans Storm Water Permit, any future Phase II MS4 permits, waste discharge requirements (WDRs), Memorandum of Understanding (MOUs), revised MOUs, or other appropriate mechanisms consistent with the Nonpoint Source Implementation and Enforcement Policy, general NPDES permits, general industrial storm water permits, general construction storm water permits, and the authority contained in Sections 13225, 13263, 13267, and 13383 of the California Water Code, and other appropriate regulatory mechanisms. Each NPDES permit assigned a Waste Load Allocation (WLA) shall be reopened or amended at reissuance, in accordance with applicable laws, to incorporate the applicable WLA as a permit requirement.

By July 15, 2018, the TMDL shall be re-considered to incorporate new information from technical or scientific studies, or to address revisions to water quality standards, such as adoption of revised water quality objectives based on recommendations from U.S. EPA.

This Basin Plan amendment was adopted by the Los Angeles Water Board on December 13, 2004 (Resolution No. R14-019R) and approved by the State Water Resources Control Board (State Water Board) on September 22, 2005.

The Basin Plan amendment was revised by the Los Angeles Water Board on June 7, 2012 (Resolution No. R12-009), and approved by the State Water Board under Resolution No. 2013-0008 on March 19, 2013.

Cal. Code Regs. Tit. 23, § 3939.15

1. New section summarizing amendments to basin plan filed 12-1-2005; amendments approved by State Water Resources Control Board Resolution No. 2004-109R; amendments approved by OAL pursuant to Government Code section 11353 on 12-1-2005 (Register 2005, No. 48).
2. Editorial correction of HISTORY 1 (Register 2006, No. 3).
3. Amendments to section summarizing amendments to basin plan filed 11-8-2013; amendments approved by State Water Resources Control Board 3-19-2013 pursuant to Resolution No. 2013-0008; amendments approved by OAL pursuant to Government Code section 11353 on 11-8-2013 (Register 2013, No. 45).
1. New section summarizing amendments to basin plan filed 12-1-2005; amendments approved by State Water Resources Control Board Resolution No. 2004-109R; amendments approved by OAL pursuant to Government Code section 11353 on 12-1-2005 (Register 2005, No. 48).
2. Editorial correction of History 1 (Register 2006, No. 3).
3. Amendments to section summarizing amendments to basin plan filed 11-8-2013; amendments approved by State Water Resources Control Board 3-19-2013 pursuant to Resolution No. 2013-0008; amendments approved by OAL pursuant to Government Code section 11353 on 11-8-2013 (Register 2013, No. 45).