2000 Accomplishments and Priorities

State Water Resources Control Board

The mission of the State Water Resources Control Board is to preserve and enhance the quality of California’s water resources and ensure their proper allocation and efficient use for the benefit of present and future generations.

Accomplishments during first Half of 2000

1. Bay-Delta Program. The SWRCB adopted Order WR 2000-02 in March, denying petitions for reconsideration of Decision 1641, which approved the San Joaquin River Agreement, the Mokelumne River Agreement and the joint use of the State Water Project and the Central Valley Project points of diversion in the Delta. It also established responsibility for meeting salinity objectives in the south Delta and Suisun Marsh. The responsibility of Sacramento Basin water right holders to meet Bay-Delta objectives is being considered in Phase 8. Phase 8 of the Bay-Delta hearings began in April when the SWRCB heard evidence regarding a proposed settlement agreement between the water users on the Bear River and the Department of Water Resources.

2. Inland Surface Waters/Enclosed Bays and Estuaries Implementation Policy. The SWRCB approved the supporting Functional Equivalent Document and adopted the Policy in March. The Policy establishes implementation provisions for priority pollutant criteria promulgated by the U.S. EPA in the 1992 National Toxics Rule and the May 18 California Toxics Rule. The Policy applies to Regional Boards issuing, reissuing, and modifying federal wastewater discharge (NPDES) permits.

3. Guidelines for MTBE Cleanup. Final draft guidelines for MTBE investigation and cleanup, prepared pursuant to the Governor's Executive Order D-5-99 on MTBE, were presented at the SWRCB’s March 1 public workshop. The guidelines provide a framework for prioritizing MTBE release cases for both investigation and cleanup. The Guidelines were issued in draft form to allow local agencies and Regional Water Boards to immediately begin to prioritize MTBE cases. A total of six statewide staff workshops are being held on the Guidelines.

4. Yuba River. The SWRCB held a supplemental hearing to receive new information on lower Yuba River flow and water use issues. This supplemental hearing completed a total of 27 days of hearing the matter.

5. Water Rights Workshops. The SWRCB held four workshops on key water rights issues including seawater intrusion in the Salinas and Pajaro valleys, Carmel River fishery and water supply issues, discussions of legal and scientific issues regarding subterranean streams, and various issues regarding water transfers.

6. Imperial Irrigation District/San Diego County Water Authority. Fourteen protests to the proposed water transfer between the two water districts were received. Six protests were accepted and additional information was requested from the remaining protestants. The SWRCB distributed a workplan in April, describing the efforts needed to review the water transfer.

7. Water Quality Certification Program. The SWRCB adopted new regulations governing the state’s Water Quality Certification Program (authorized through section 401 of the Federal Clean Water Act) in February 2000. These regulations became effective on June 24.

8. Statewide Biosolids Waste Discharge Requirements. The final environmental impact report associated with the adoption of general waste discharge requirements for the application of biosolids to land was circulated for comments in June. Adoption of requirements is expected by October.

9. Proposition 13 Implementation. The SWRCB adopted Proposition 13 (2000 Water Bond) implementation procedures at the June Board workshop. Other measures taken to assure early use of Proposition 13 funds include the development of (1) tentative agreements and draft contracts with parties specified to receive funds and (2) Memoranda of Understanding for two specified Watershed Programs.

10. Comprehensive Ambient Surface Water Monitoring Program. The SWRCB convened a 24 member public advisory group to evaluate the structure and effectiveness of the Board’s monitoring and assessment programs. Discussions have covered the SWRCB’s proposed comprehensive ambient surface water monitoring program, listing of impaired water bodies pursuant to section 303(d) of the Clean Water Act, and Total Maximum Daily Load (TMDL) activities.

11. Coordinated Pesticide Monitoring Related to the Development of TMDLs. Pesticide monitoring projects were prioritized based on TMDL priorities for the Sacramento River watershed, Feather River watershed, the Lower San Joaquin River Basin, Chollas Creek in San Diego County, and several urban watersheds. Most of the earmarked pesticide monitoring funds were encumbered.

12. Underground Tank Data Systems. The first phase of the Geographic Environmental Information Management System (GEIMS) database and its geographic information system interface called GeoTracker was implemented. All interested parties can now access the database on the Internet and obtain information on leaking underground storage tanks (LUSTs) and public water supply wells including a display of the location of LUSTs and public water supply wells anywhere in the state.

13. Senate Bill 709 Implementation. Guidance and training was provided to the Regional Water Boards on Senate Bill 709, which became effective January 1. SB 709 requires mandatory minimum penalties for certain violations of the Water Code.

14. SWRCB Enforcement Policy and Guidance Update. The Enforcement Order Review Panel expanded the scope of the update of the Enforcement Policy and Guidance. Final recommendations from the panel are expected in July.

15. California’s Nonpoint Source Pollution Control Program. In June, California became the first state to satisfy requirements of both the Clean Water Act (section 319 (h) Nonpoint Source) and the Coastal Zone Act Reauthorization Amendments of 1990 (coastal Nonpoint Source). Additionally, the SWRCB and California Coastal Commission (CCC) convened the first meeting of the Interagency Coordinating Council (IACC). The IACC is composed of representatives from each of the agencies/departments in Cal/EPA, the California Resources Agency, the Department of Food and Agriculture, Department of Health Services, and the Department of Transportation.

Priorities for Second Half of 2000

1. Bay-Delta Program. The SWRCB will continue Phase 8 of the Bay-Delta Water Rights Hearing in August. The responsibility of water right holders in the Sacramento Basin to meet Bay-Delta flow requirements will be considered in Phase 8. The Phase 8 hearing is scheduled over 26 days in August, September, and October. A water right decision is anticipated by July 2001. A decision on the proposed settlement agreement on the Bear River is scheduled for August.

2. NPDES Storm Water Program. SWRCB staff will draft and release for review a proposed policy to implement Phase II of the NPDES Storm Water Program. Phase II will affect municipal separate storm sewer systems serving a population of less than 100,000 persons, state and federal facilities in areas subject to municipal storm water permits, and construction activities resulting in a land disturbance of between one and five acres.

3. Beach Closure Remediation Activities: The State Water Resources Control Board (SWRCB) and Regional Water Quality Control Board (RWQCB) staff will pursue several areas of activity to address beach contamination:

   • The State Water Board, in cooperation with local agencies, will continue development and application of the beach closure warnings database. The standardized approach to collecting information on the sources of contamination has identified the contribution of stormwater to beach contamination. In addition, for the first time, the data collected by the SWRCB is compiled and forwarded to the U.S. Environmental Protection Agency (USEPA) and National Resource Defense Council, which eliminated additional work by the counties to fill out duplicative surveys of the same information for multiple agencies. The Water Board intends to work closely with local water agencies to mitigate beach contamination problems.
   • State Water Board staff will continue a lead role in the Beach Water Quality Workgroup (Workgroup), an ad hoc committee composed of groups responsible for the protection and reporting of beach water quality in Southern California. In the past year, the Workgroup has led the effort of providing guidelines to counties for a consistent approach of issuing postings for closures and reopening of closed beaches. The Workgroup is developing a model monitoring program for bacteria in coastal waters. The model integrates stormwater agencies with monitoring by sewage treatment plants and environmental health agencies to provide better coverage of the coastal waters.
   • The State Water Board is developing source investigation protocols for beaches where storm drains frequently contaminate beaches. These protocols will provide guidance for conducting investigations of the location and biological origins of sources of bacteriological contamination.
   • The State and Regional Water Boards will increase enforcement actions against sewage treatment agencies that spill sewage into surface waters.
   • The State and Regional Water Boards will apply a new spill tracking system that will provide the ability to regularly report on progress in reducing spills and identify agencies and geographic areas with chronic spill problems.

4. MTBE. The SWRCB, Regional Water Boards, and local agencies will prioritize MTBE release sites in accordance with the framework proposed in the draft Guidelines for the Investigation and Cleanup of MTBE. MTBE vulnerability maps will be made available on the Internet.

5. Underground Storage Tank (UST) Data Systems. The SWRCB will identify locations of approximately 20,000 operating underground storage tank facilities and incorporate these into GEIMS/GeoTracker Internet based database, which is already loaded with all leaking sites.

6. UST Regulations. The SWRCB will consider adoption of regulations requiring enhanced leak detection for USTs with a single-walled component. As proposed, USTs located within 1000 feet of a public water supply well would be required to implement this enhanced monitoring by January 2001.

7. Amendment of the California Ocean Plan. The SWRCB will consider adoption of six proposed amendments to the California Ocean Plan in October. The six amendments involve (1) regulation of acute toxicity in ocean discharges, (2) revision of certain chemical water quality objectives for the protection of human health, (3) a new means of determining compliance with chemical water quality objectives, (4) a mechanism for special water quality protection for near coastal waters, (5) revision of the Ocean Plan format, and (6) administrative changes to the Ocean Plan.

8. Imperial Irrigation District (IID)/San Diego County Water Authority (SDCWA). The SWRCB will consider a workplan for the IID/SDCWA water transfer at a workshop in July. If IID is unable to resolve protests filed against its petition to transfer water to SDCWA, the SWRCB will schedule a hearing on the water transfer.

9. Yuba River. The SWRCB will release a draft decision on the Yuba River dealing with (1) the condition of the fishery resources and other public trust resources of the lower Yuba River, (2) the effects the Yuba River Development Project has on these resources, and (3) whether water right permits and licenses for the project should be revised to include terms to protect these resources. The decision will be considered for adoption in the first half of 2001.

10. Funding Assistance.

    • Proposition 13 Funds. The SWRCB will continue to expedite Proposition 13 (2000 Water Bond) funding by (1) considering priority lists for the Small Communities Grant and Water Recycling Financial Assistance Programs, (2) executing a Memorandum of Understanding for the Lake Elsinore and San Jacinto Watershed Program, (3) executing contracts for the Southern California Integrated Watershed Program, the Lake Elsinore and San Jacinto Watershed Program and projects specified in the Watershed and Coastal Nonpoint Source Programs. and (4) initiating funding for prioritized projects within the Watershed, Coastal Nonpoint Source and Nonpoint Source Programs. As appropriate, Regional Water Boards will encourage parties to make applications for funds.

    • State Revolving Fund (SRF) Policy. A policy for the administration of SRF loan funding for "expanded use projects" will be considered at a July SWRCB Workshop.

11. SWRCB Enforcement Policy and Guidance Update. A draft of the revised Enforcement Policy and Guidance will be presented at staff workshops and a State Board workshop, in preparation for policy adoption in early 2001.

12. Thermal Plan Revision. The SWRCB will review and consider amending the Water Quality Control Plan for Control of Temperature in the Coastal and Interstate Waters and Enclosed Bays and Estuaries of California (Thermal Plan), last amended in 1975.

13. Comprehensive Monitoring.

    • Ambient Surface Water Monitoring Program. The SWRCB will submit a legislatively mandated report to the Legislature by November 30 regarding current surface water quality monitoring programs.
    • Coastal Water Quality Monitoring Plan. SWRCB staff will finalize the Comprehensive Coastal Water Quality Monitoring Plan by December for submittal to the Legislature by January 1, 2001.

14. Beach Closures - Source Investigation Protocols. The SWRCB with the assistance of the Department of Health Services will develop protocols for investigating sources of pathogens causing beach closures.

15. California’s Nonpoint Source Pollution Control Program. An update of the five-year NPS implementation plans will be distributed for public review.

16. San Joaquin Valley Agricultural Drainage. The SWRCB is cooperating with Westlands Water District in an investigation of alternative solutions to the drainage problems on the west side of the San Joaquin Valley. A contract between Westlands and SWRCB for reimbursement of SWRCB costs is expected to be in place in July. A consultant contract for planning studies and environmental scoping activities is expected to be in place in early August.

17. Inland Surface Waters/Enclosed Bays and Estuaries Implementation Policy. Phase 2 activities to support various Policy provisions will be initiated. A draft mixing zone guidance document will be prepared, peer reviewed and released for public review in the fall. A contract will be executed to assess current water quality standards pertaining to effluent-dependent water bodies.

18. Water Rights Workshops and Workgroups.
    • Subterranean Streams and Water Transfers. The SWRCB will convene two workgroups for purposes of making recommendations on issues associated with subterranean streams and water transfers.
    • Expediting the Water Right Process. The SWRCB will hold a workshop to gather information and review alternatives to expedite the water right process.

19. Salinas Valley Seawater Intrusion. The SWRCB will execute a contract to provide funds for the Monterey County Water Resources Agency to develop an Environmental Impact Statement and alternative solutions to seawater intrusion problems in the Salinas Valley.

20. SWRCB/RWQCB Strategic Plan. Upon completion of the Cal/EPA strategic vision, the SWRCB will work with the Regional Boards and stakeholders to update its 1997 Plan.

21. Needs Analysis. The SWRCB will submit a report to the Legislature by January 2001 on the legislatively mandated Needs Analysis of the Core Regulatory Program. The analysis will cover permitting, monitoring, inspection, and enforcement needs associated with point source dischargers, including storm water.

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