Central Coast Region Agricultural Waiver

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A watershed-related issue examined by the ENVS 560/L Watershed Systems class at CSUMB.

Summary

The Central Coast is one of nine regions in the state designated to regulate waste discharges from irrigated agricultural land. Essentially, it waives growers of their obligation to obtain waste discharge permits. The waiver is good for five years and is “conditional,” meaning that it can be revoked at any time. The Central Coast Water Quality Preservation Inc. (CCWQP) is the non-profit agency that will conducts the cooperative monitoring program [1].

Irrigated agriculture is exempt from regulation through the National Pollutant Discharge Elimination System (NPDES) permit program of the federal Clean Water Act; however, they are not exempt from state law. California state law requires anyone who is discharging waste which could impact the quality of the waters of the state to submit a Report of Waste Discharge.

Agricultural activities can generate pollutants such as nutrients, pesticides and sediment that upon discharge can degrade water quality and impair beneficial uses. To purpose of the program is to prevent agricultural discharges and protect surface water and groundwater.

On December 10, 2009, The Water Board directed the Central Coast Regional Water Quality Control Board staff to distribute a preliminary report and preliminary draft order for the regulation of discharges from irrigated lands on February 1, 2010. This preliminary report and preliminary draft order is available to the public to review, comment, and provide alternative recommendations for regulating agricultural discharges. Water Board members request that members of the public submit comments or alternatives to staff by April 1,2010 [2].


Citations: [1] http://westernfarmpress.com/mag/farming_conditional_ag_waiver/ [2] Ag press release 2.10.2010

Location

The Central Coast Water Board is responsible for protecting and restoring water quality in the coastal region from southern San Mateo and Santa Clara Counties to the northern part of Ventura County.

Resource/s at stake

Anyone who owns, operates or manages irrigated lands used to produce commercial crops, including but not limited to, row crops, vineyards, field and tree crops, commercial nurseries, nursery stock production and greenhouse operations with soil floors that are not currently operated under Waste Discharge Requirements will be required to self-monitor water quality or contribute to cooperative monitoring costs, train personnel, develop water quality management plans, and pay enrollment fees.

Stakeholders

The Central Coast (Region 3) Regional Water Quality Control Board (RWQCB) is the state agency with the authority to regulate waste discharges that may impact water quality in this part of the state. The RWQCB is responsible for issuing Waste Discharge Requirements (WDRs), or in this case, conditional waivers thereof, and for enforcing compliance with the conditions imposed by the Ag Waiver.

Farmers practicing irrigated farming in the central coast region are subject to these new regulatory conditions.

Among the conditions imposed by the Ag Waiver is a requirement for water quality monitoring. A Cooperative Monitoring Program (CMP) has been established as part of the waiver program, so that each individual farmer will not have to conduct water quality monitoring independently. The CMP is managed by a non-profit organization: Central Coast Water Quality Preservation Inc., which was established for this purpose.

Environmental advocacy groups with an interest in fish, aquatic/riparian habitat, coastal ecosystems, or drinking water quality also have a vested interest in the success of the Ag Waiver program. The bill (SB 390) which initiated the new conditional Ag Waiver process was sponsored by two such organizations San Francisco Bay Keeper and Delta Keeper.

Finally, all citizens making use of water that is impacted by agricultural discharges, whether for drinking or recreation, are affected by the outcome of the Ag Waiver program.


Laws, policies, & regulations

The Porter-Cologne Water Quality Control Act (1969) established the nine Regional Water Quality Control Boards and granted them the authority to regulate all waste discharges through the issuance of Waste Discharge Requirements. These are roughly equivalent to NPDES permits.

In 1983 the Central Coast Regional Water Quality Control Board issued a waiver officially exempting irrigation return flows and other discharges from agricultural lands from Waste Discharge Requirements. Agricultural discharges were similarly exempted around the state.

In 1999 the state legislature passed SB 390, which required existing waivers to expire by 2003. It also requires that new waivers be conditional upon compliance with water quality monitoring requirements, and have a term of no longer than five years.

As of 2004, a new Conditional Waiver of Discharge Requirements for Discharges from Irrigated Lands is now in effect in the Central Coast region. It requires that all farmers of irrigated land:

1. Enroll in the Ag Waiver program,

2. Complete of 15 hours of farm water education,

3. Submit a farm water management plan,

4. Implement water quality improvement practices, and

5. Monitor water quality, either individually of through the Cooperative Monitoring Program (CMP).


Systems

The Conditional Ag Waiver program seeks to reduce the impact of agricultural discharges. These discharges may percolate into the groundwater, where they can impact the quality of drinking and irrigation water pumped out of the ground in the surrounding area. Alternatively, they may travel as surface flow into local streams and rivers, where they impact aquatic and riparian habitat via toxicity, sedimentation, and nutrient enrichment. Ultimately, these rivers flow to the ocean, where near-shore marine habitats may be similarly impacted.

Science

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Tools

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Future research

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References

Littleworth, AL and EL Garner. 2007. California Water II. Solano Press Books.

Central Coast Regional Water Quality Control Board. Irrigated Ag Order R3-2009-0050. [1]

Central Coast Water Quality Preservation, Inc. [2]

Disclaimer

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