Cal. Code Regs. tit. 23 § 3939.41

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 3939.41 - A Total Maximum Daily Load for Bacteria in the los Angeles River Watershed

Los Angeles Regional Water Quality Control Board (Regional Board) Resolution No. R10-007, adopted on July 9, 2010 by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents and (2) establishing a Total Maximum Daily Load (TMDL) for Bacteria in the Los Angeles River Watershed.

Los Angeles River Reaches 1, 2, 4, and 6, Aliso Canyon Wash, Arroyo Seco Reaches 1 and 2, Bull Creek, Compton Creek, Dry Canyon Creek, McCoy Canyon Creek, Rio Hondo Reaches 1 and 2, Tujunga Wash, and Verdugo Wash Reaches 1 and 2 have been listed pursuant to federal Clean Water Act Section 303(d) as not attaining water quality standards due to elevated levels of indicator bacteria. The Regional Board and the State Water Resources Control Board have adopted the proposed 2008 federal Clean Water Act Section 303(d) list, which includes both Bell Creek and Burbank Western Channel as impaired waterbodies for elevated levels of indicator bacteria. The beneficial uses most affected by elevated levels of indicator bacteria in the Los Angeles River Watershed include water contact recreation (REC-1) and non-contact water recreation (REC-2). These listings are subject to the Consent Decree deadline between USEPA and Heal the Bay, Case No. 98-4825 SBA. According to the consent decree, TMDLs must be approved or established by USEPA by March 24, 2012 to address coliform in analytical unit 15.

The amendment establishes final waste load allocations (WLAs) for point source discharges, final load allocations (LAs) for nonpoint source discharges, and interim WLAs for Municipal Separate Storm Sewer System (MS4) permittees. Final allocations to achieve the single sample maximum numeric targets are expressed as "allowable exceedance days". No exceedance days of the geometric mean targets are allowed. Allowable exceedance days are further separated into dry weather and wet weather allowances. The amendment establishes a phased and stepped implementation schedule for complying with allocations with separate final compliance dates of up to 18.5 years for dry weather, depending on the segment, and 25 years for wet weather, given the different conditions and implementation approaches necessary to achieve compliance.

Responsible parties shall submit a Coordinated Monitoring Plan one year after the effective date of the TMDL. To achieve the dry weather interim WLAs, MS4 permittees shall submit a Load Reduction Strategy (LRS) for reducing dry weather loading into the MS4. MS4 permittees that choose to comply with the TMDL in dry weather through alternative methods shall submit an alternative compliance plan for Regional Board Executive Office approval. MS4 permittees implementing an LRS may be permitted a second phase for implementing a revised LRS. Responsible parties shall submit a wet weather implementation plan 10 years after the effective date of the TMDL and shall achieve the final wet weather WLAs no later than 25 years after the effective date of the TMDL.

In addition to a brief description of the Los Angeles River Watershed and the existing conditions contributing to water quality problems, the Basin Plan amendment also includes numeric targets, a source analysis, a linkage analysis, WLAs, LAs, a margin of safety and critical conditions.

Cal. Code Regs. Tit. 23, § 3939.41

1. New section summarizing amendment to basin plan filed 3-21-2012; amendments adopted by the Los Angeles Regional Water Quality Control Board 7-9-2010 pursuant to Resolution No. R10-007. Approved by the State Water Resources Control Board 11-1-2011 pursuant to Resolution No. 2011-0056; approved by OAL pursuant to Government Code section 11353 on 3-21-2012 (Register 2012, No. 12).
1. New section summarizing amendment to basin plan filed 3-21-2012; amendments adopted by the Los Angeles Regional Water Quality Control Board 7-9-2010 pursuant to Resolution No. R10-007. Approved by the State Water Resources Control Board 11-1-2011 pursuant to Resolution No. 2011-0056; approved by OAL pursuant to Government Code section 11353 on 3-21-2012 (Register 2012, No. 12).