Cal. Code Regs. tit. 23 § 3939.3

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 3939.3 - Compliance Schedule Policy

On January 30, 2003 the Los Angeles Regional Water Quality Control Board (Regional Board), adopted Resolution No. 2003-01 amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revised the Basin Plan by incorporating language authorizing the inclusion of compliance schedules in National Pollutant Discharge Elimination System (NPDES) permits. The amendment revised the regulatory provisions of the Basin Plan by adding language to Chapter 3 "Water Quality Objectives" and Chapter 4, "Strategic Planning and Implementation."

The language specifies that where the Regional Board determines that it is infeasible for an existing discharger to achieve immediate compliance with an effluent limitation specified to implement a new, revised or newly interpreted water quality standard, the Regional Board may establish a compliance schedule in the discharger's Waste Discharge Requirements (NPDES permit). In addition, the Regional Board may establish a compliance schedule to implement a total maximum daily load (TMDL) adopted as a single permitting action (i.e., through one NPDES permit). This provision authorizes compliance schedules for standards that are adopted, revised or newly interpreted after the effective date of this amendment. An authorized compliance schedule shall include a time schedule for completing specific actions (including interim effluent limits), final effluent limitations, and a final compliance date, based on the shortest possible time required to achieve compliance.

Except in the case of a TMDL adopted as a single permitting action, the provisions require that compliance shall be achieved no later than five years from the date of permit issuance, reissuance or modification, and no later than ten years after the adoption or interpretation of an applicable standard, whichever is the shorter period of time. In the case of a TMDL adopted as a single permitting action, a compliance schedule of greater than five years from the date of permit issuance, reissuance or modification may be granted, but the compliance schedule must be as short as possible as determined in the TMDL support document, and may only be used when implementing a new, revised or newly interpreted water quality standard.

To document the need for and justify the duration of any such compliance schedule, a discharger must submit the following information, at a minimum:

(1) the results of a diligent effort to quantify pollutant levels in the discharge and the sources of the pollutant(s) in the waste stream;

(2) documentation of source control efforts currently underway or completed, including compliance with any pollution prevention programs that have been established;

(3) a proposed schedule for additional source control measures or waste treatment;

(4) the highest discharge quality that can reasonably be achieved until final compliance is attained; and

(5) a demonstration that the proposed schedule is as short as possible, taking into account economic, technical and other relevant factors. The need for additional information and analyses will be determined by the Regional Board on a case-by-case basis.

Cal. Code Regs. Tit. 23, § 3939.3

1. New section summarizing amendments to Water Quality Control Plan for the Los Angeles Region (Basin Plan) filed 8-18-2003; Basin Plan amendment adopted by the Los Angeles Regional Water Quality Control Board 1-30-2003 per Resolution No. 2003-001, approved by OAL and effective per Government Code section 11353 on 8-18-2003 (Register 2003, No. 34).