1999 Accomplishments and Priorities

State Water Resources Control Board

The mission of the State Water Resources Control Board (SWRCB) 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 Second Half of 1999

1. Bay Delta Program. SWRCB staff prepared a final Environmental Impact Report (EIR) and a proposed decision on implementing the flow and salinity objectives in the 1995 Bay/Delta Water Quality Control Plan. The proposed decision addressed (1) whether to accept the San Joaquin River Agreement and approve necessary petitions filed by parties to the agreement; (2) whether to accept other negotiated agreements regarding the responsibilities of water users to meet Bay/Delta objectives; (3) how to deal with objectives for southern Delta salinity and dissolved oxygen; and (4) whether to approve petitions filed by the Department of Water Resources and the U.S. Bureau of Reclamation. After hearing comments from the public, the Board certified the final EIR and after making some modifications, adopted the decision in December 1999.

2. MTBE.
   • Ethanol Study. The study of the fate and transport of ethanol in surface water and groundwater, pursuant to the Governor’s Executive Order D-5-99 on MTBE, was completed by the SWRCB’s contractor, the Lawrence Livermore National Laboratory. The study report was peer reviewed and was submitted to Cal/EPA in December 1999, and approved by the Environmental Policy Council in January 2000.
   • Groundwater Vulnerability. Groundwater vulnerability maps were prepared and submitted to the Department of Health Services, the Department of Water Resources and Regional Water Quality Control Boards for review.
   • Guidelines for Cleanup. Draft guidelines for the investigation and cleanup of MTBE in groundwater, pursuant to the Governor’s Executive Order D-5-99 on MTBE, were developed and submitted for peer review in December 1999. The draft guidelines were posted on the Internet for public review in December 1999.

3. Inland Surface Water/Enclosed Bays and Estuaries Implementation Policy. The second draft of the ISWP/EBEP Implementation Policy was released in November 1999 and public comment was taken at a December 1999 SWRCB Workshop.

4. California’s Nonpoint Source Control Program. The SWRCB approved the final draft plan for California’s Nonpoint Source Pollution Control Program at its December 14, 1999 meeting. The plan was adopted by the California Coastal Commission at its January 2000 meeting. The U.S. EPA and National Oceanic and Atmospheric Administration are expected to approve the program plan by spring of 2000 with federal approval of this plan, the State will be eligible for additional Clean Water Act funding.

5. Issuance of a Permit for Storm Water Discharge Associated with Construction Activity (General Permit). The SWRCB adopted Order DWQ 99-08 in August 1999, issuing the new General Storm Water Permit for Construction. All active construction permit holders and interested parties were sent a copy of the new permit and informed of the major changes in the permit and the duty to comply. In September 1999, the Superior Court in the county of Sacramento was petitioned to set aside the Board order.

6. Watershed Management Initiative - Approval of Grants. The SWRCB, at its October Board meeting, approved approximately $7.5 million in federal 319(h) implementation project grants and $400,000 in 205(j) planning project grants. These project grants are being targeted at high priority watersheds in concert with the SWRCB’s Watershed Management Initiative.

7. Imperial Irrigation District (IID)/San Diego County Water Authority (SDCWA). The protest period for the petition supporting the proposed conserved water transfer from IID to the SDCWA was closed on September 22, 1999. Protests were received from 14 parties; five additional parties expressed interest in the proceeding. Major parties in the water transfer (IID, Coachella Valley Water District and Metropolitan Water District of Southern California) reached agreement in October 1999. Staff is continuing work on development of a work plan outlining the efforts that will be necessary to support the water transfer. The draft work plan was completed in December 1999.

8. State Revolving Fund (SRF). Five workshops were completed by the end of September 1999 as part of an outreach program for potential new applicants to the SRF.

9. Water Quality Petitions. During this period, the SWRCB received a total of 38 petitions seeking review of actions taken by the Regional Boards. Of the 38 petitions, 28 sought active review and 10 were filed to preserve appeal rights. During the same time period, 14 petitions were dismissed, two petitions were withdrawn and one order was adopted. The order adopted in October 1999 upheld permits issued by the San Francisco Regional Board to three publicly owned treatment plants discharging to South San Francisco Bay.

10. Enforcement/Compliance Assurance. In September, the SWRCB completed an evaluation of its enforcement program. Results of the evaluation and a strategy for improving the enforcement programs of the SWRCB and Regional Water Boards are contained in the Compliance Assurance and Enforcement Initiative. In implementing the Initiative, the Enforcement Order Review Panel met twice. The Panel, comprised of State and Regional Board Members, is charged with the review of Regional Board enforcement actions and making recommendations to improve consistency in future enforcement actions.

11. Year 2000 (Y2K) Readiness of Dischargers. The SWRCB and Regional Boards expanded their awareness and assistance efforts related to Y2K to include of confirmation discharger readiness for Y2K. Over 800 dischargers were required to certify their preparedness, both in terms of remediating Y2K problems and having contingency plans. Regional Board staff incorporated similar questions in their ongoing inspections of other dischargers to enhance these efforts.

12. Wastewater Operator Training. The State Water Resources Control Board and the Colorado River Regional Water Quality Control Board in conjunction with Dr. Ken Kerri, Sacramento State University, recently published "Operation and Maintenance of Wastewater Collection Systems" a 200 page training manual in Spanish adapted to Mexico’s wastewater systems and needs. The manual is intended to assist Mexican operators in their day-to-day activities when operating wastewater treatment plants.

13. Tijuana River. On December 8, 1999, the U.S. EPA and the International Boundary and Water Commission, signed the Record of Decision on the Secondary Treatment Alternatives Supplemental Environmental Impact Statement for the International Wastewater Treatment Plant in San Ysidro. This action clears the way to begin design of secondary treatment capacity for the International Treatment Plant which is needed to achieve compliance with State of California Ocean Plan Standards and the NPDES Permit issued by the San Diego Regional Water Quality Control Board.

14. Potable Water Issues. State Water Resources Control Board staff facilitated a first ever inspection of the Mexicali potable water system by the California Department of Health Services. The request for the inspection came from the Comision Estatal de Servicios Publicos de Mexicali during technical discussions on wastewater issues with State and Regional Board staff. A draft report was provided to Mexico, which was well received. Follow-up discussions have been requested. This is an example of multi-agency State of California efforts to respond to requests for technical assistance from Baja California.

Priorities for First Half of 2000

1. Bay Delta Program. The SWRCB will begin Phase 8 of the Bay-Delta hearings. This last phase of the hearings will consider the responsibility of the Sacramento Basin water right holders to release or bypass water to meet Bay-Delta objectives. A water rights decision for this phase is anticipated by the end of 2000.

2. Inland Surface Water/Enclosed Bays and Estuaries Implementation Policy. The policy will be considered for adoption by the SWRCB in February 2000, contingent on the promulgation of the U.S. EPA’s California Toxics Rule. The proposed policy includes special monitoring requirements for dioxins. After the policy becomes effective, a draft mixing zone guidance document will be prepared and released for public review.

3. Guidelines for MTBE Cleanup. Final draft Guidelines for MTBE Cleanups will be prepared for SWRCB consideration in March 2000, pursuant to the Governor’s Executive Order D-5-99 on MTBE.

4. Amendment of the California Ocean Plan. In May, the SWRCB will consider adoption of six proposed amendments to the California Ocean Plan. 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.

5. Yuba River. The SWRCB is scheduling a hearing in February. Contingent on the results of that hearing, a decision establishing appropriate flows in the lower Yuba River will be scheduled.

6. Imperial Irrigation District/San Diego County Water Authority. The work plan outlining efforts needed to support the water transfer will be circulated for comment. Subsequently, the work plan will be considered for adoption by the SWRCB. Protests received will be reviewed and hearing issues defined. Staff will begin establishing the baseline of water use within the Imperial Irrigation District from which conserved water savings can be measured.

7. Water Quality Certification Program. In June, the SWRCB held a public hearing on proposed new regulations governing the State’s Water Quality Certification Program authorized by section 401 of the federal Clean Water Act. The modified draft regulations are scheduled for review by the SWRCB at the February 2000 SWRCB workshop, with adoption at a subsequent Board meeting.

8. Issuance of General Waste Discharge Requirements for the Land Application of Biosolids and Certification of the Environmental Impact Report (EIR). In September 1997, the Superior Court of California for Sacramento County ordered the SWRCB to adopt general waste discharge requirements for the land application of biosolids and certify an EIR for that discretionary action by September 2000. In June 1999, the SWRCB released the draft EIR for public comment. In February 2000, it is expected that the final EIR will be circulated for comments. A public workshop is expected to be held by April 2000. Certification of the final EIR is expected in late June or July 2000 with the adoption of waste discharge requirements or preferred alternative on the same date.

9. Regulations to Implement the State Revolving Fund (SRF) Loan Program. In conjunction with stakeholder input, SWRCB staff will develop draft regulations to replace and update the SRF policy. The proposed regulations will be presented for adoption in the second half of 2000. A major issue will involve the purchase of land for nonpoint source pollution control.

10. Comprehensive Ambient Surface and Ground Water Monitoring Program. The SWRCB will continue developing a comprehensive surface water monitoring and assessment program plan. Beginning in January 2000, advisory group(s) will be convened to assist in the evaluation of the structure, effectiveness and consistency of the program with respect to Section 303(d) of the federal Clean Water Act, applicable federal regulations and Assembly Bill 982 (Chapter 495, Statutes of 1999).

11. Coordinated Monitoring Related to the Development of TMDLs. The SWRCB and Department of Pesticide Regulation will coordinate pesticide monitoring based on the need to develop TMDLs for pesticides. Initial efforts will focus on the Sacramento and San Joaquin River watersheds.

12. Leaking Underground Tank Data Systems. The 20 Local Oversight Program contract agencies will be phased into the electronic uploading of LUSTIS, the Leaking Underground Storage Tank Information System. This will enhance LUSTIS by providing more complete and up-to-date information for tracking progress of underground gasoline storage tank cleanups. The first phase of the Geographic Environmental Information System (GEIMS) will be implemented. This will include initiating online access to basic statewide leaking UST information and beginning the addition of information on operating UST sites. Online data entry forms will be developed for local agencies and Regional Boards to use. The GEIMS will provide staff and the public with an additional tool to evaluate known or potential impacts from leaking underground storage tanks.

13. SB 709 Implementation. SB 709 (Chapter 93, Statutes of 1999) established a process for Regional Boards and Publicly Operated Treatment Works (municipal sewage facilities) to require pollution prevention plans and to set in place mandatory minimum penalties for certain violations of the Water Code. Guidance and training for SB 709 will be provided.

14. Update of the State Board’s Enforcement Policy and Guidance. The SWRCB will update its Enforcement Policy and Guidance by June 2000 to incorporate amendments to reflect legislative mandates (SB 709) and recommendations of the Enforcement Order Review Panel.

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