Difference between revisions of "Regional regulatory approaches to agricultural runoff in California"
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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 [http://csumb.edu/ CSUMB], its staff, or students. | 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 [http://csumb.edu/ CSUMB], its staff, or students. |
Revision as of 18:10, 11 April 2012
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 |
Technical Assistance
The following organizations provide a wide range of information, tools and guidance to assist California growers in water management and discharge reduction:[5]
- University of California Division of Agriculture and Natural Resources- Free publications on agriculture, insects, soil, water, and irrigation
- Natural Resources Conservation Service (NRCS) – A federal agency that aims to preserve and enhance natural resources
- NRCS Environmental Quality Incentives Program - Financial and technical assistance for Best Management Practice (BMP) implementation
- NRCS Agricultural Water Enhancement Program - Financial and technical assistance for BMP implementation for the purpose of improving water quality of surface and groundwaters.
- University of California Cooperative Extension - Local advisers and researchers provide assistance to growers and conduct education programs and research to address agriculture issues.
- California Irrigation Management Information System - weather stations across the state specifically developed to support efficient water management
- Pesticide Wise – Database provides pesticide information to growers and threats to water quality
Contents
Region 1 -- North Coast
Summary
The North Coast RWQCB monitors and regulates water quality for the following counties: Del Norte, Glenn, Humboldt, Lake, Marin, Mendocino, Modoc, Siskiyou, Sonoma, and Trinity counties [6]. Types of irrigated lands in the region include row crops, vineyards, orchards, pasture and marijuana cultivation. Major concerns include polluted runoff (sediments, manure, fertilizers, pesticides), groundwater pollution, erosion, flooding and threats to riparian vegetation and wildlife [1]. The North Coast RWQCB currently uses conditional prohibition to regulate specific types of discharges to waters of the state. Conditional prohibitions are permissible by the region’s Basin Plan and can be implemented through existing TMDL programs in order to regulate and evaluate discharges from irrigated agricultural lands [7]. A new regulatory program called the Water Quality Compliance Program for Discharges from Irrigated Lands (Program) is being developed to supplement existing TMDL program and will likely involve a combination of conditional prohibitions, WDRs and conditional waivers of WDRs. The Program will also include non-regulatory aspects such as education, outreach, coordination and assistance. Overall the program intends to investigate water quality concerns and meet requirements of the California Water Code, the State Nonpoint Source Policy, and the Klamath River Total Maximum Daily Loads (TMDLs).
Framework
The aspects listed below have been identified as a starting point for the Program while stakeholder involvement will be used to adjust this framework.
- Best management practice implementation: Local expertise will identify discharges and appropriate management practices while landowners will implement chosen practices. Implementation will take place on a schedule with relative flexibility depending on specific circumstances and other factors involved such as local priorities and availability of funds [8].Potential management practices include management of:
- Polluted Runoff
- Tailwater
- Riparian Zone
- Erosion of Fields and Roads
- Livestock Access to Streams
- Manure and Fertilizer Application Rates
- Monitoring: Tracking management measure implementation and effectiveness and/or participation in a group monitoring program where several representative locations are sampled and assessed for trends in water quality. The type of monitoring will be specific to the type of discharge and degree of impairment of the receiving waterbody and should be developed with existing programs.
- Reporting: Reporting to the RWQCB by individuals or by means of a third party will aid in assessing program effectiveness and demonstrating results to the RWQCB. Annual reporting may be required and used for overall program assessment and adaptive management purposes [1].
- Enforcement: Enforcement will be dependent on the State Water Resources Control Board Water Quality Enforcement Policy.
Stakeholders and Organizations Involved
The stakeholder involvement process supports extensive participation to identify concerns, potential opportunities and to inform decisions during the formation of regulations. This Advisory Group has been established to develop the Program and provide input on the Program framework described above and other important Program elements. Stakeholder meetings will involve the full Advisory Group in addition to smaller sub-regional group meetings that will focus on local concerns and provide recommendations to the Advisory Group. The Advisory Group meetings will work to confirm consistency between regions and to provide recommendations to the RWQCB [8]. The Stakeholder Advisory Group consists of the following representatives of stakeholder interests:
- North Coast Regional Water Quality Control Board RWQCB
- Environmental groups
- Farmers
- Industries
The Advisory Group Charter provides further information about the role of the Advisory Group and regional sub-groups.
Status
The scope of the irrigated lands program has yet to be confirmed but is expected to include at least discharges from vineyards, orchards and irrigated row crops and pastures, while dairies and grazing will be addressed in separate programs [8]. The Stakeholder Advisory Group met in December 2011 for the first time while the four regional sub groups met in February 2012. Advisory Group meetings are scheduled to continue through April 2013 when draft orders and permits should be completed and circulated for public review. The official public comment period is planned for Summer 2013 followed by the RWQCB adoption hearing in the Fall of 2013 [9].
Region 2 -- San Francisco
Summary
The San Francisco Regional Water Quality Control Board RWQCB monitors and regulates water quality for the following counties: Alameda, Contra Costa, San Francisco, Santa Clara (north of Morgan Hill), San Mateo, Marin, Sonoma, Napa, Solano counties [6].In the San Francisco region, management measures for grazing lands, dairies and vineyards constitute an agricultural water quality control program. Although no plans exist at this time for regulation of agricultural discharges in general, a conditional waiver program for vineyard facilities is being developed and approaching final stages in the Napa River and Sonoma Creek Watersheds. A similar conditional waiver program has already been adopted for grazing operations in these watersheds and in the Tomales Bay Watershed.
Vineyard Waiver Program
The Napa River and Sonoma Creek Vineyard Waiver Program will apply to existing and future vineyard facilities and is estimated to affect at least 42,000 acres of vineyard land [9]. Major concerns include diminishing steelhead and salmon populations while both of these waterbodies are on the Section 303(d) list of the Clean Water Act for sediments, pathogens and nutrients. Total Maximum Daily Loads (TMDLs) exist for sediments and pathogens in these watersheds while TMDLs are currently being developed for nutrients. The Vineyard Waiver program will be used as a regulatory device to attain the sediment load allocations identified in the sediment TMDL [2].
Framework
Many vineyard owners and operators will be required to implement the following conditions through the Vineyard Waiver program:
- Enroll by submitting a Notice of Intent form
- Develop a Farm Water Quality Plan (a planning series designed to assist with management practice implementation and discharge reduction):
- Assess lands through inventory and evaluation of natural resources, agricultural lands, pollutant sources and management practices
- Identify locations for management measure implementation and develop a scheduled plan for implementation
- Must address erosion control, storm water/peak runoff, roads, sediments, pesticides, fertilizers, nutrients and protection of streams
- Annual report on the status of the Farm Plan
- Compliance monitoring and remediation actions if necessary
Status
Currently, the CEQA analysis is being prepared and the draft Conditional Waiver of WDRs is being developed and refined. Stakeholder groups have been meeting since June 2011 and continue to meet to discuss language of the Conditional Waiver draft, fees, support from third-party entities, and compliance strategies. Environmental documentation and public reviews of the Conditional Waiver are expected to be completed by the spring of 2012 [10].
Grazing Waiver Programs
Napa River/Sonoma Creek
On September 14, 2011 a Conditional Waiver of WDRs for agriculutral grazing operations (> 100 acres) was adopted. Similar to the Vineyard Waiver, the waiver for grazing operations implements the sediment TMDL for these waterbodies in addition to the pathogen TMDL. The waiver aims to reduce discharge from these pollutants and protect stream and riparian areas through implementation of management measures [11].
Framework [12].
Conditions of the grazing waiver include the following:
- Basic visual monitoring
- Ranch Water Quality Plan
- Evaluation of resources, existing management practices and facility conditions
- Development of pathogen and sediment control measures
- Schedule for management measure implementation
- Annual progress report submission
- Routine facility inspections to confirm compliance
Status [9].
The conditional waiver required that owners of grazing lands submit a Notice of Intent (NOIs) by November 15, 2011 to demonstrate compliance with the waiver. As of February 2012, 29 NOIs have been received out of a projected total of 50 NOIs. The San Francisco RWQCB has been collaborating with the Sonoma Farm Bureau, the University of California Cooperative Extension and Resources Conservation Districts to identify and contact ranching operations that have yet to submit an NOI. Stakeholder outreach, education and training has taken place throughout the Fall of 2011 and will continue throughout the Spring of 2012 to notify ranchers of the waiver’s requirements and assist in preparation of Ranch Water Quality Plans that must be completed by November 15, 2012.
Tomales Bay Watershed
On July 8th 2008, a Conditional Waiver was adopted for agricultural grazing operations (> 50 acres) in the Tomales Bay Watershed. Similar to other conditional waivers of the San Francisco region, the waiver implements the sediment TMDL for Walker Creek and the pathogens TMDL for the Tomales Bay Watershed (Tomales Bay, Lagunitas Creek, Walker Creek, Olema Creek). Major concerns include threats to the shellfish industry, recreation and human health. These pollutants are derived from dairies, ranches, residents, septic systems/wastewater, discharges from boats, and wildlife feces [13]. The framework of the Tomales Bay grazing waiver is nearly identical to that of Sonoma Creek and Napa River waiver. Both grazing waivers involve implementation of a Ranch Water Quality Plan that includes management measures implementation, effectiveness monitoring, annual reporting and routine inspections. Specific water quality goals include zero discharges from human waste, coliform bacteria targets and limiting shellfish closures to less than 30 days/year [14].
Organizations Involved
The following organizations are third parties interested in the grazing waiver and in assisting with long-term water quality monitoring: [14]
- National Park Service
- California Department of Health Services
- Commercial shellfish growers
- Inverness Public Utility District
- Salmon Protection and Watershed Network
A partnership of organizations has been formed to communicate with ranchers, provide assistance, and bridge the gap between ranchers and regulatory agencies. The partnership includes the following entities: [15].
- Resource Conservation District, Farm Bureau, and Agricultural Land Trust (Marin County)
- California Cattlemen’s Association
- Western United Dairymen
- University of California Cooperative Extension
- Point Reyes National Seashore
- USDA Natural Resources Conservation Service
Status
As of June 2011, almost all grazing operations in the Tomales Bay Watershed were covered by the grazing waiver as 97% of facilities had submitted NOIs. Notices of Violation and targeted inspections will potentially be used for additional enforcement if necessary [15]. In 2014 and approximately every five years thereafter, evaluations of participation and compliance will take place at specific sites, sub-watersheds and over the entire watershed area [14]. The grazing waiver program has so far been considered a success as extensive technical assistance and grant funding were achieved through networking and collaboration with the partnership and other organizations involved [13].
Region 3 -- Central Coast
See Central Coast Region Agricultural Waiver for extensive information about approaches to agricultural runoff in the Central Coast region.
Region 4 -- Los Angeles
Summary
The Los Angeles Regional Water Quality Control Board RWQCB monitors and regulates water quality for Los Angeles and Ventura counties in addition to small portions of Kern and Santa Barbara counties.[6] A conditional waiver program for irrigated agricultural lands was adopted on November 3rd 2005 for the Los Angeles Region [4]. Approximately 100,000 acres of irrigated agricultural lands have contributed to degraded water quality and exceedence of Water Quality Benchmarks (WQB) by every monitored watershed in the region. WQBs are requirements established by:
- The Basin Plan, including discharge prohibitions
- A relevant statewide plan or policy
- United States Environmental Protection Agency, including National and California Toxics Rule
- TMDL load allocations
Pesticides and biostimulatory substances are considered two key pollutants from agricultural discharges impairing watersheds of the Los Angeles Region. Major concerns include threats to beneficial uses and high levels groundwater nitrate.[16]
Framework
The conditional waiver includes typical implementation of management practices, monitoring and reporting in addition to completion of 8 hours of educational training, a BMP checklist and preparation of a Monitoring and Reporting Plan (MRP) and a Quality Assurance Project Plan (QAPP). Water quality must be monitored twice during the wet season and twice during the dry season with results reported annually. Any exceedance of WQBs requires development of a Water Quality Management Plan (WQMP) with targeted management practices.[16]
Duty | Accountable Party | Deadline |
---|---|---|
Submit NOI and MRP | Individual or Discharger Group | 6 months after adoption of Conditional Waiver |
Annual Monitoring Report (AMR) | Individual or Discharger Group | One year after Notice of Applicability (NOA) is issued and every year thereafter |
WQMP, if necessary | Individual or Discharger Group | 6 months after submission of AMR and annually thereafter (if necessary) |
Discharger Groups
The Nursery Growers Association Los Angeles County Irrigated Lands Group (NGA-ILG) and the Ventura County Agriculture Irrigated Lands Group (VCAILG) are the two discharger groups in the Los Angeles Region covered under the conditional waiver. As of 2009, the VCAILG represented about 92% of the irrigated agricultural lands covering an area of approximately 125,000 acres. The NGA-ILG contained 237 locations at this time and covered approximately 2,232 acres [4] The VCAILG received a Notice of Applicability from the RWQCB in September of 2011 while the NGA-ILG was issued an NOA in February 2012. These groups currently comply with the MRPs and WQMPs from the orignal waiver adopted in 2005 [9] but have established opportunities for their members to comply with the education requirements of the renewed waiver that was adopted in October of 2010.
Status
On October 7, 2010 the conditional waiver for WDRs was renewed with few changes by the Los Angeles RWQCB. Monitoring results have indicated exceedence of WQBs and the new waiver renewal in 2015 may see significant changes if effective BMPs are not implemented and progress is not demonstrated [4]. Several grants are in the process of being acquired through Clean Water Act section 319 grant and Proposition 84.[9]
Region 5 -- Central Valley
The Central Valley RWQCB monitors and regulates water quality for the following counties: Modoc, Shasta, Lassen, Plumas, Butte, Glen, Colusa, Lake, Sutter, Yuba, Sierra, Nevada, Placer, Yolo, Napa, (N. East), Solano (West), Sacramento, El Dorado, Amador, Calaveras, San Joaquin, Contra Costa (East), Stanislaus, Toulumne, Merced, Mariposa, Madera, Kings, Fresno, Tulare, Kern. (Very small portions of San Benito, San Luis Obispo) counties [6].
To write this section see Central Valley Regional Water Quality Control Board website RWQCB
Region 6 -- Lahontan
The Lahontan RWQCB monitors and regulates water quality for the following counties:Modoc (East), Lassen (East side and Eagle Lake), Sierra, Nevada, Placer, El Dorado,Alpine, Mono, Inyo, Kern (East), San Bernardino, Los Angeles (N/E corner) counties [6].
To write this section see the Lahontan Regional Water Quality Control Board RWQCB
Region 7 -- Colorado River Region
The Colorado River RWQCB monitors and regulates water quality for Imperial, San Bernardino, Riverside and San Diego counties [6].
To write this section see Colorado River Regional Water Quality Control Board website RWQCB
Region 8 -- Santa Ana
The Santa Ana RWQCB monitors and regulates water quality for Orange, Riverside and San Bernardino counties [6].
To write this section see Santa Ana Regional Water Quality Control Board website RWQCB
Region 9 -- San Diego
The San Diego RWQCB monitors and regulates water quality for San Diego, Imperial and Riverside counties [6].
To write this section see San Diego Regional Water Quality Control Board website RWQCB
References
- ↑ 1.0 1.1 1.2 1.3 1.4 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
- ↑ 2.0 2.1 Vineyards and Waivers http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/waiver_newsletter.pdf
- ↑ Some text copied from Conditional waiver of waste discharge requirements for irrigated lands http://ecoviz.csumb.edu/wiki/index.php/Conditional_waiver_of_waste_discharge_requirements_for_irrigated_lands
- ↑ 4.0 4.1 4.2 4.3 New Ag Waivers http://ucanr.org/sites/UCNFAnews/Archived_Stories/_New__Ag_Waivers_from_two_regional_water_quality_control_boards/
- ↑ http://www.swrcb.ca.gov/rwqcb4/water_issues/programs/tmdl/waivers/08_5_10/BMP%20Resources%20Guide.pdf
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 Regional Water Quality Control Board Fact Sheet http://www.waterboards.ca.gov/publications_forms/publications/factsheets/docs/region_brds.pdf
- ↑ About the Irrigated Lands Regulatory Program http://www.waterboards.ca.gov/water_issues/programs/agriculture/docs/about_agwaivers.pdf
- ↑ 8.0 8.1 8.2 Water Quality Compliance Program for Discharges from Irrigated Lands http://www.waterboards.ca.gov/northcoast/water_issues/programs/irrigated_lands/
- ↑ 9.0 9.1 9.2 9.3 9.4 Irrigated Lands Regulatory Program Monthly Report: February 2012 http://www.swrcb.ca.gov/water_issues/programs/agriculture/docs/monthlyreports/2012/feb12.pdf
- ↑ Region 2 Conditional Waiver Program for Vineyard Facilities http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/index.shtml
- ↑ Conditional Waiver Program for Grazing Operations in the Napa River and Sonoma Creek Watersheds http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/grazing/index.shtml
- ↑ Region 2 Grazing Staff Report http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/grazing/Staff_Report.pdf
- ↑ 13.0 13.1 Tomales Bay Pathogen TMDL http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/tomalesbaypathogenstmdl.shtml#grazing-waiver
- ↑ 14.0 14.1 14.2 Tomales Bay Basin Plan Amendment http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/tomalespathogens/09-21-05finalbpa.pdf
- ↑ 15.0 15.1 Tomales Bay Status Report http://www.waterboards.ca.gov/sanfranciscobay/board_info/agendas/2011/June/6_SSR.pdf
- ↑ 16.0 16.1 Los Angeles Region Order http://www.waterboards.ca.gov/losangeles/water_issues/programs/tmdl/waivers/09-22-2010/Order.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.