Cal. Code Regs. tit. 23 § 3989.6

Current through Register 2024 Notice Reg. No. 37, September 13, 2024

Section 3989.6 - Authorization of Compliance Time Schedules in NPDES Requirements

CONCISE SUMMARY OF REGULATORY PROVISIONS

Resolution R9-2005-0238 -- Resolution Amending the Water Quality Control Plan for the San Diego Basin (9) to Incorporate Authorization for Compliance Time Schedules in National Pollutant Discharge Elimination System Requirements.

This amendment to the Water Quality Control Plan for the San Diego Basin (9) (Basin Plan) authorizes compliance time schedules in Waste Discharge Requirements that implement National Pollutant Discharge Elimination System (NPDES) regulations and federal Clean Water Act requirements (NPDES requirements) issued by the San Diego Regional Water Quality Control Board (San Diego Water Board).

The language specifies that where the San Diego Water Board determines that it is infeasible for an existing discharger to achieve immediate compliance with new or more stringent water quality based effluent limitations or receiving water limitations that implement new, revised, or newly interpreted water quality objectives after November 9, 2005, and/or that resulted from new knowledge on the characteristics and impacts of the discharge for any pollutant for which a water quality objective was issued, revised, or newly interpreted after July 1, 1977, the San Diego Water Board may establish a compliance time schedule in the discharger's NPDES requirements.

The compliance time schedule shall include a time schedule for completing or achieving specific actions (including interim effluent limitations) that demonstrate reasonable progress toward compliance. The compliance time schedule shall contain a final compliance date, based on the shortest practicable time, required to achieve compliance. In addition, in all cases, the findings of the NPDES requirements shall specify the final effluent limitations.

NPDES requirements may not include a compliance time schedule that extends beyond five years from the date of order issuance, reissuance, or modification. The San Diego Water Board may grant an additional extension of up to five years, but only where the discharger has demonstrated satisfactory progress toward achieving compliance. In no case shall a compliance time schedule for these discharges exceed ten years from the date of adoption, revision, or interpretation of the applicable water quality objective, whichever is the shorter period of time.

To document the need for and justify the duration of any such compliance time 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) identification of the sources of the pollutant in the waste stream, documentation of source control efforts currently underway or completed, including compliance with any pollution prevention programs that have been established, and a proposed schedule for additional source control measures or waste treatment needed to meet the WQBELs and/or receiving water limitation;

(3) evidence that the current discharge quality is the highest that can reasonably be achieved; and

(4) a demonstration that the proposed schedule is as short as practicable, taking into account economic, technical, and other relevant factors. The need for and justification of the duration of any such compliance time schedule will be subject to San Diego Water Board review and approval.

Cal. Code Regs. Tit. 23, § 3989.6

1. New section summarizing amendments to Basin Plan filed 3-23-2007; amendments adopted by the San Diego Regional Water Quality Control Board 11-9-2005 per Resolution R9-2005-0238. Approved by State Water Resources Control Board Resolution No. 2006-0077 on 10-25-2006; approved by OAL pursuant to Government Code section 11353 on 3-23-2007 (Register 2007, No. 12).