Cal. Code Regs. tit. 23 § 3949.16

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

Section 3949.16 - Amendment to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin to Establish a Central Valley-Wide Salt and Nitrate Control Program

On May 31, 2018, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted Resolution No. R5-2018-0034, amending the Water Quality Control Plans for the Central Valley Region to Incorporate a Central Valley-wide Salt and Nitrate Control Program.

The Amendments will:

1. Establish a phased Salt Control Program for discharges to surface and groundwater;

2. Establish a prioritized Nitrate Control Program for discharges to groundwater;

3. Identify alternative compliance pathways that allow collaborative means of addressing salt and nitrate issues;

4. Include a Conditional Prohibition of Discharge to establish enforceable conditions until the Central Valley Water Board revises permits to incorporate applicable requirements from the Control Program;

5. Establish a Surveillance and Monitoring Program;

6. Revise the existing Salinity Variance Policy;

7. Revise the existing Exceptions Policy;

8. Incorporate a Drought and Conservation Policy;

9. Incorporate an Offsets Policy; and

10. Clarify intent and use of applying secondary MCLs in permitting actions.

On December 10, 2020, the Central Valley Water Board adopted Resolution No. R5-2020-0057, amending the Water Quality Control Plans for the Central Valley Region to incorporate revisions to the Central Valley-wide Salt and Nitrate Control Program established by Central Valley Water Board Resolution No. R5-2018-0034.

These Revisions to the Amendments will:

1. Modify a Salt and Nitrate Control Program goal to be cessation of causing or contributing to exceedances of water quality objectives;

2. Clarify no new standards are created for de-designating aquifer beneficial uses or adopting less stringent site-specific water quality objectives;

3. Require a sampling program to identify residents impacted by nitrate;

4. Revise the Nitrate Control Program, including deadline requirements;

5. Revise the Exceptions Policy for the Nitrate Control Program, including a maximum of 35 years for nitrate exceptions and a goal of 50 years for basin restoration;

6. Revise the Offsets Policy for the Nitrate Control Program;

7. Remove authorizations of specified exceedances of Secondary Maximum Contaminant Levels;

8. Revise Salt Control Program to not rely on multi-discharger variances; and

9. Modify the Salt Control Program Conservative Salinity Permitting Approach delineation values.

Cal. Code Regs. Tit. 23, § 3949.16

1. New section summarizing amendments to Basin Plan filed 1-15-2020; amendments approved by State Water Resources Control Board Resolution No. 2019-0057 on 10-16-2019; amendments approved by OAL pursuant to Government Code section 11353 on 1-15-2020 (Register 2020, No. 3).
2. Amendment of section summarizing amendments to Basin Plan filed 11-10-2021; amendments approved by State Water Resources Control Board Resolution No. 2021-0019 on 6-1-2021; amendments approved by OAL pursuant to Government Code section 11353 on 11-10-2021 (Register 2021, No. 46).

1. New section summarizing amendments to Basin Plan filed 1/15/2020; amendments approved by State Water Resources Control Board Resolution No. 2019-0057 on 10-16-2019; amendments approved by OAL pursuant to Government Code section 11353 on 1-15-2020 (Register 2020, No. 3).
2. Amendment of section summarizing amendments to Basin Plan filed 11/10/2021; amendments approved by State Water Resources Control Board Resolution No. 2021-0019 on 6-1-2021; amendments approved by OAL pursuant to Government Code section 11353 on 11-10-2021 (Register 2021, No. 48).