Regional regulatory approaches to agricultural runoff in California

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In California, several regulatory options exist to limit agricultural contributions to water quality impairment. The California Water Code requires some combination of Waste Discharge Requirement (WDRs), conditional waivers of WDRs (ag waivers) and/or basin plan prohibitions. WDRs and conditional waivers are adopted as permits and requirements and can include discharge prevention, implementation of management practices, water quality monitoring, remediation and reporting. WDRs implement applicable water quality control plans to protect receiving waters and consider beneficial uses, suitable water quality objectives, nuisance prevention and other waste discharges [1]. Although waivers of WDRs are less intensive, permitting requirements are not simply abandoned; rather permittees must follow a certain set of conditions specified in the conditional waiver that are designed to avoid water quality violations while the waiver can be terminated at any time [2]. The conditional waiver does not hinder the need for other required permits and does not prevent the establishment of additional requirements as authorized by the California Water Code. A prohibitions approach simply restricts certain types of discharges such as municipal, industrial or hazardous wastes while the level of discharge risk to water quality determines the requirements of WDRs and ag waivers [1]. The Porter-Cologne Water Quality Control Act 1969 is the primary law regulating the quality of both surface and ground waters. This Act makes the California State Water Resources Control Board (SWRCB) the agency responsible for water quality planning statewide and grants the Regional Water Quality Control Boards (RWQCBs) authority. The RWQCBs are responsible for the enforcement of WDRs, ag waivers and prohibitions. California contains nine Water Quality Control Regions, each regulated by its own RWQCB. Therefore each region regulates discharge from agricultural irrigation independently with different conditions and variations of the required regulatory approaches as shown in the Central Coast Region Agricultural Waiver.

Regions with ag waivers

Currently, four regions (Central coast, Los Angeles, Central Valley and San Diego) have adopted conditional ag waivers for irrigated agricultural lands.

Characteristics of Various Regulatory Approaches[1]

WDRs (ag waivers) Conditional Waivers of WDRs
Permit Type Individual or General Usually General
Risk of Discharges Moderate Low
Management Practices Not Prescribed May be Prescribed
Monitoring and Reporting High Low
Fee Yes Yes
Expiration No - Open ended renewal depending on program effectiveness Yes – Reviewed, revised, replaced, or reissued every 5 years

Regional Commonalities

Each of the 9 regions contain agricultural runoff issues. The goal of setting regulations to remedy agricultural runoff is common amongst the regions, although each region contains unique irrigation practices and previous regulatory actions; if any at all. These unique circumstances cause each region to form preferential regulatory approaches and lead to differences amongst the regions.

Regional Differences

Each RWQCB is tailored to a specific region. The regulations that are established are specific to types of irrigated land and environmental concerns within a region. For example, the regulations in San Francisco will be different then the regulations in Los Angeles because the agricultural settings are different (San Francisco is currently developing a conditional waiver program for vineyard facilities). Vineyard facilities are a larger concern for agricultural runoff in San Francisco then in Los Angeles.

Regions

(These links and the associated page titles need changing. The page titles should include more context, and the link text should be clear about whether we're going to the page for each region or the page for the ag waiver activities of each region)


The 9 RWQCBs for California are:

Region 1 -- North Coast

Region 2 -- San Francisco

Region 3 -- Central coast

Region 4 -- Los Angeles

Region 5 -- Central Valley

Region 6 -- Lahontan

Region 7 -- Colorado River Region

Region 8 -- Santa Ana

Region 9 -- San Diego

Technical Assistance

The following organizations provide a wide range of information, tools and guidance to assist California growers in water management and discharge reduction:[3]

References

  1. 1.0 1.1 1.2 Water Quality Compliance Program Initial Program Framework http://www.swrcb.ca.gov/northcoast/water_issues/programs/irrigated_lands/pdf/120227/dec_14_ad_grp/4_Powerpoint_Initial_Staff-Developed_Framework.pdf
  2. Vineyards and Waivers http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/waiver_newsletter.pdf
  3. http://www.swrcb.ca.gov/rwqcb4/water_issues/programs/tmdl/waivers/08_5_10/BMP%20Resources%20Guide.pdf

Links

Disclaimer

This page may contain students's work completed as part of assigned coursework. It may not be accurate. It does not necessarily reflect the opinion or policy of CSUMB, its staff, or students.