Cal. Code Regs. tit. 23 § 3942

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 3942 - Revised Water Quality Control Plan for the Tulare Lake Basin

The revised Water Quality Control Plan for the Tulare Lake Basin, adopted August 17, 1995 by the Central Valley Regional Water Quality Control Board per Resolution No. 95-208 and approved by the State Water Resources Control Board, November 16, 1995 per Resolution No. 95-86 modifies the regulatory provisions of the previous Water Quality Control Plan and its amendments as follows:

(a)Introduction: adds definitions for "ground water" and "ground water basin"; clarifies waste discharge types; clarifies description of point and nonpoint discharges; describes regulatory direction on agricultural drainage water and evaporation ponds.

(b)Existing and Potential Beneficial Uses:

(1) Specifies that defined beneficial uses do not include all possible uses of water;

(2) Adds definitions for "Migration of Aquatic Organisms," "Preservation of Biological Habitats of Special Significance," "Aquaculture," and "Navigation"; revises "Fish Spawning" and "Warm Freshwater Habitat" and other beneficial use category definitions for statewide consistency;

(3) Clarifies policy on the applicability of the beneficial uses of a specifically identified water body to its tributary streams;

(4) Adds criteria for making exceptions to the beneficial use designations of Agricultural Supply and Industrial Supply;

(5) Adds surface water map dividing Tulare Lake Basin into hydrologic units: changes format of Table II-1 to reflect map.

(c)Water Quality Objectives:

(1) Clarifies how water quality objectives are to be achieved; provides for compliance within the shortest practicable time, not to exceed ten years, when immediate compliance is infeasible; explains policy for evaluating violations of water quality objectives formulated to preserve historic conditions;

(2)Inland Surface Waters:

(A) Adds narrative objective for unionized ammonia;

(B) Chemical Constituents: specifies that waters shall not contain concentrations that adversely affect beneficial uses; identifies information that will be considered to evaluate compliance; revises maximum numeric concentrations for water designated Municipal and Domestic Supply;

(C) Clarifies dissolved oxygen objective;

(D) Provides for use of averaging periods in determining compliance with objectives for pH, Temperature and Turbidity;

(E) Revises maximum numeric concentrations of pesticides and radioactivity for water designated Municipal and Domestic Supply;

(F) Specifies that Toxicity objective applies regardless of whether the toxicity is caused by a single substance or the interactive effect of multiple substances; identifies information that will be considered to evaluate compliance;

(G) Changes method of determining Turbidity from Jackson Turbidity Units (JTU) to Nephelometric Turbidity Units (NTU).

(3)Ground Waters:

(A) Chemical Constituents: clarifies narrative objective; identifies information that will be considered to evaluate compliance; revises maximum numeric concentrations for water designated Municipal and Domestic Supply;

(B) Revises maximum numeric concentrations of pesticides and radioactivity for water designated Municipal and Domestic Supply.

(d)Implementation:

(1) Provides a regulatory approach for discharges of agricultural subsurface drainage to evaporation basins;

(2) Adds a monitoring program and minimum management practices to reduce drainage to the Lower Kings River;

(3) Clarifies that animal confinement and related areas shall not create a nuisance; adds a 5-foot minimum separation requirement between the invert of the wastewater pond and the highest anticipated elevation of underlying groundwater; adds monitoring requirements for waiver of waste discharge requirements;

(4) Clarifies goal regarding overdraft of ground water;

(5) Revises valleywide drain recommendation to include salts generated by municipal, industrial, and agricultural dischargers; establishes conditions for Regional Water Board Support;

(6) Clarifies that flush toilets and package, biological treatment systems at recreational areas must meet the requirements of a domestic wastewater treatment facility;

(7) Deletes provisions requiring counties, cities or water agencies to adopt standards for drilling and abandonment of water wells, cathodic protection wells, and monitoring wells;

(8) Provides that burned areas should be managed to minimize erosion of materials into streams;

(9) Provides that wastewater dischargers will be required to reclaim and reuse wastewater whenever reclamation is feasible;

(10) Provides that Regional Water Board will review alternatives when considering a ban on new septic tank systems and elimination of existing systems;

(11) Revises effluent limits for discharges to navigable waters and discharges to land;

(12) Revises conditions for temporary waiver of wastewater reclamation requirements if the project is consistent with the "Guidelines for Use of Reclaimed Water" developed by the Department of Health Services;

(13) Requires inclusion of plans for reclamation in all project reports for new or expanded wastewater facilities;

(14) Adds a policy statement encouraging small communities to consolidate when they have insufficient resources to treat their wastewater;

(15) Revises requirements for industrial wastewater; allows discharge of higher electrical conductivity if the total salt load is decreased or the higher electrical conductivity is due to high organic material; explains policy on industrial wastewater reuse;

(16) Clarifies operational procedures for land disposal of stillage waste from wineries;

(18) Adds nature of control actions to achieve water quality objectives;

(19) Adds a policy on implementation of State Water Resources Control Board "Antidegradation Policy," Resolution No. 68-16, "Statement of Policy with Respect to Maintaining High Quality of Water in California";

(20) Application of water quality objectives:

(A) Provides that objectives apply to all waters having designated beneficial uses, rather than at an intake, wellhead or other point of consumption;

(B) Provides for designation of mixing zones in connection with the issuance of NPDES and storm water permits;

(C) Clarifies that "background" represents an initial goal and describes how the numerical limits are established in implementing the narrative water quality objectives;

(D) Clarifies how appropriate numerical limits are determined where toxic pollutants exist together in water;

(E) Provides for schedules of compliance regarding NPDES permits;

(21) Add "Ground Water Cleanups" policy: specifies factors to be considered and criteria that must be satisfied to investigate discharges and establish cleanup levels on a case-by-case basis;

(22) Adds specific prohibition of dilution in lieu of treatment to meet waste discharge requirements except in water short areas where waste may be blended with fresh water for reuse;

(23) Prohibits discharge of oil or any residuary product of petroleum;

(24) Prohibits discharge of hazardous waste or chemicals known to the state to cause cancer;

(25) Clarifies requirements that will be imposed on a discharger to a water quality limited segment;

(26) Provides for variances from Basin Plan provisions to implement control measures for vector and weed control, pest eradication, or fishery management conducted to fulfill statutory requirements.

Cal. Code Regs. Tit. 23, § 3942

1. New section filed 2-27-96; operative 2-27-96 pursuant to Government Code section 11353 (Register 96, No. 9).
2. Editorial correction (Register 97, No. 2).