Difference between revisions of "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 [http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=wat&codebody=&hits=20/ 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 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 <ref name="framework"> 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 </ref>. 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 <ref name="vineyards"> Vineyards and Waivers http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/waiver_newsletter.pdf </ref>. A prohibitions approach simply restricts certain types of discharges while the level of discharge risk to water quality determines the requirements of WDRs and ag waivers <ref name="framework"/>. 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]] 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 <ref name="old"> 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 </ref>.
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[[Image:Ca_regions.jpg|375px|thumb|right|Image from: http://ucanr.org/sites/UCNFAnews/Feature_Stories/_New__Ag_Waivers_from_two_regional_water_quality_control_boards]] In California, several regulatory options exist to limit agricultural contributions to water quality impairment. The [http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=wat&codebody=&hits=20/ 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 <ref name="framework"> 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 </ref>. 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 <ref name="vineyards"> Vineyards and Waivers http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/waiver_newsletter.pdf </ref>. 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 <ref name="framework"/>. [[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]].
  
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'''Characteristics of Various Regulatory Approaches'''<ref name="framework"/>
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=='''Regions with ag waivers'''==
 +
Currently, four regions ([[Central coast]], [[Los Angeles]], [[California Central Valley Region|Central Valley]] and [[San Diego]]) have adopted conditional ag waivers for irrigated agricultural lands.
 +
 
 +
=='''Characteristics of Various Regulatory Approaches'''<ref name="framework"/>==
  
 
{|border="3"
 
{|border="3"
 
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!style="background: #efefef;" | WDRs
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!style="background: #efefef;" | WDRs (ag waivers)
 
!style="background: #efefef;" | Conditional Waivers of WDRs
 
!style="background: #efefef;" | Conditional Waivers of WDRs
  
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==Region 1 -- North Coast==
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=='''Regional Commonalities'''==
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===Summary===
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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.
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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  <ref name="counties"> Regional Water Quality Control Board Fact Sheet http://www.waterboards.ca.gov/publications_forms/publications/factsheets/docs/region_brds.pdf </ref>. 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 <ref name="framework"/>. 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 <ref> About the Irrigated Lands Regulatory Program http://www.waterboards.ca.gov/water_issues/programs/agriculture/docs/about_agwaivers.pdf </ref>. 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 [http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=wat&codebody=&hits=20/ California Water Code], the State Nonpoint Source Policy, and the [http://www.waterboards.ca.gov/northcoast/water_issues/programs/tmdls/klamath_river/ Klamath River Total Maximum Daily Loads (TMDLs)].
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===Framework===
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=='''Regional Differences'''==
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The aspects listed below have been identified as a starting point for the Program while stakeholder involvement will be used to adjust this framework.
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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.
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*'''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 <ref name="program"> Water Quality Compliance Program for Discharges from Irrigated Lands http://www.waterboards.ca.gov/northcoast/water_issues/programs/irrigated_lands/ </ref>.Potential management practices include management of:
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**Polluted Runoff
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**Tailwater
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**Riparian Zone
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**Erosion of Fields and Roads
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**Livestock Access to Streams
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**Manure and Fertilizer Application Rates
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*'''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.
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== '''Regions''' ==
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*'''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 <ref name="framework"/>.
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*'''Enforcement''': Enforcement will be dependent on the [http://www.swrcb.ca.gov/water_issues/programs/enforcement/docs/enf_policy_final111709.pdf/ State Water Resources Control Board Water Quality Enforcement Policy].
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===Stakeholders and Organizations Involved===
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(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)
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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 <ref name="program"/>.
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The Stakeholder Advisory Group consists of the following representatives of stakeholder interests:
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*North Coast Regional Water Quality Control Board [http://www.waterboards.ca.gov/northcoast/ RWQCB]
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*Environmental groups
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*Farmers
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*Industries
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The [http://www.waterboards.ca.gov/northcoast/water_issues/programs/irrigated_lands/pdf/120227/Advisory_Group_Charter.pdf/ Advisory Group Charter] provides further information about the role of the Advisory Group and regional sub-groups.
 
  
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===Status===
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The 9 [[RWQCBs]] for California are:
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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 <ref name="program"/>. 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 <ref name="monthlyreport"> Irrigated Lands Regulatory Program Monthly Report: February 2012 http://www.swrcb.ca.gov/water_issues/programs/agriculture/docs/monthlyreports/2012/feb12.pdf </ref>.
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==Region 2 -- San Francisco==
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===Region 1 -- [[North Coast]]===
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===Summary===
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===Region 2 -- [[San Francisco]]===
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The San Francisco Regional Water Quality Control Board [http://www.waterboards.ca.gov/sanfranciscobay/ 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 <ref name="counties"/>.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.
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===Region 3 -- [[Central Coast]]===
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===Region 4 -- [[Los Angeles]]===
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===Region 5 -- [[California Central Valley Region|Central Valley]]===
  
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===Vineyard Waiver Program===
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===Region 6 -- [[Lahontan]]===
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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 <ref name="monthlyreport"/>. Major concerns include diminishing steelhead and salmon populations while both of these waterbodies are on the [http://ecoviz.csumb.edu/wiki/index.php/Clean_Water_Act 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 <ref name="vineyards"> Vineyards and Water Quality http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/waiver_newsletter.pdf </ref>.
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===Region 7 -- [[Colorado River Region]]===
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===Region 8 -- [[Santa Ana]]===
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===Region 9 -- [[San Diego]]===
  
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'''Framework'''
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=='''Technical Assistance''' ==
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The following organizations provide a wide range of information, tools and guidance to assist California growers in water management and discharge reduction:<ref> http://www.swrcb.ca.gov/rwqcb4/water_issues/programs/tmdl/waivers/08_5_10/BMP%20Resources%20Guide.pdf</ref>
 +
*[https://ucanr.org/ University of California Division of Agriculture and Natural Resources]- [https://ucanr.org/freepubs/ Free publications] on agriculture, insects, soil, water, and irrigation
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*[http://www.ca.nrcs.usda.gov/ Natural Resources Conservation Service] (NRCS) – A federal agency that aims to preserve and enhance natural resources
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*[http://www.ca.nrcs.usda.gov/programs/awep.html NRCS Environmental Quality Incentives Program] - Financial and technical assistance for Best Management Practice (BMP) implementation
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*[http://www.ca.nrcs.usda.gov/programs/eqip/2010/ NRCS Agricultural Water Enhancement Program] - Financial and technical assistance for BMP implementation for the purpose of improving water quality of surface and groundwaters.
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*University of California Cooperative Extension - Local advisers and researchers provide assistance to growers and conduct education programs and research to address agriculture issues.
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*[http://wwwcimis.water.ca.gov/cimis/welcome.jsp California Irrigation Management Information System] - weather stations across the state specifically developed to support efficient water management
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*[http://www.pw.ucr.edu Pesticide Wise] – Database provides pesticide information to growers and threats to water quality
  
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Many vineyard owners and operators will be required to implement the following conditions through the Vineyard Waiver program:
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=='''References'''==
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*Enroll by submitting a Notice of Intent form
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<references/>
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*Develop a Farm Water Quality Management Plan
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**Assess lands through inventory and evaluation of natural resources, agricultural lands, pollutant sources and management practices
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**Identify locations for management measure implementation and develop a scheduled plan for implementation
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**Must address erosion control, storm water/peak runoff, roads, sediments, pesticides, fertilizers, nutrients and protection of streams
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**Annual report on the status of the Farm Plan
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*Compliance monitoring and remediation actions if necessary
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'''Status'''
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==Links==
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*[[Ag Waiver]]
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*[[TMDL]]
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*[[ENVS 560/L Watershed Systems]]
  
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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 <ref name="sanfran"> Region 2 Conditional Waiver Program for Vineyard Facilities http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/vineyard/index.shtml </ref>.
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=='''Disclaimer'''==
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===Grazing Waiver Programs===
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'''''Napa River/Sonoma Creek'''''
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On September 14, 2011 a [http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/grazing/Grazing_Waiver.pdf 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 <ref name="Napa/SonomaGrazing"> 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 </ref>.
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'''Framework''' <ref name="staffreport"> Region 2 Grazing Staff Report  http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/grazing/Staff_Report.pdf </ref>.
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Conditions of the grazing waiver include the following:
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*Basic visual monitoring
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*Ranch Water Quality Plan
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**Evaluation of resources, existing management practices and facility conditions
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**Development of pathogen and sediment control measures
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**Schedule for management measure implementation
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**Annual progress report submission
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*Routine facility inspections to confirm compliance
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'''Status''' <ref name="monthlyreport"/>.
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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.
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'''''Tomales Bay Watershed'''''
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On July 8th 2008, a [http://www.waterboards.ca.gov/sanfranciscobay/board_decisions/adopted_orders/2008/R2-2008-0054.pdf 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 <ref name="Tomales"> Tomales Bay Pathogen TMDL http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/tomalesbaypathogenstmdl.shtml#grazing-waiver </ref>. 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 <ref name="Basin"> Tomales Bay Basin Plan Amendment http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/tomalespathogens/09-21-05finalbpa.pdf </ref>. 
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'''Oranizations Involved'''
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The following organizations are third parties interested in the grazing waiver and in assisting with long-term water quality monitoring: <ref name="Basin"/>
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*National Park Service
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*California Department of Health Services
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*Commercial shellfish growers
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*Inverness Public Utility District
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*Salmon Protection and Watershed Network
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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: <ref name="status"> Tomales Bay Status Report http://www.waterboards.ca.gov/sanfranciscobay/board_info/agendas/2011/June/6_SSR.pdf </ref>.
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*Resource Conservation District, Farm Bureau, and Agricultural Land Trust (Marin County)
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*California Cattlemen’s Association
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*Western United Dairymen
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*University of California Cooperative Extension
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*Point Reyes National Seashore
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*USDA Natural Resources Conservation Service
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'''Status'''
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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 <ref name="status"/>. 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 <ref name="Basin"/>. 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 <ref name="Tomales"/>.
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==Region 3 -- Central Coast==
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See [[Conditional waiver of waste discharge requirements for irrigated lands]] for extensive information about approaches to agricultural runoff in the Central Coast region.
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==Region 4 -- Los Angeles==
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The Los Angeles RWQCB monitors and regulates water quality for Los Angeles and Ventura counties in addition to small portions of Kern and Santa Barbara counties <ref name="counties"/>.
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To write this section see Los Angeles Regional Water Quality Control Board website [http://www.waterboards.ca.gov/losangeles/ RWQCB].
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==Region 5 -- Central Valley==
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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
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Luis Obispo) counties <ref name="counties"/>.
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To write this section see Central Valley Regional Water Quality Control Board website [http://www.waterboards.ca.gov/centralvalley/ RWQCB]
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==Region 6 -- Lahontan==
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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 <ref name="counties"/>.
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To write this section see the Lahontan Regional Water Quality Control Board [http://www.waterboards.ca.gov/lahontan/ RWQCB] for more information.
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==Region 7 -- Colorado River Region==
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The Colorado River RWQCB monitors and regulates water quality for Imperial, San Bernardino, Riverside and San Diego counties <ref name="counties"/>.
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To write this section see Colorado River Regional Water Quality Control Board website [http://www.waterboards.ca.gov/coloradoriver/ RWQCB]
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==Region 8 -- Santa Ana==
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The Santa Ana RWQCB monitors and regulates water quality for Orange, Riverside and San Bernardino counties <ref name="counties"/>.
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To write this section see Santa Ana Regional Water Quality Control Board website [http://www.waterboards.ca.gov/santaana/ RWQCB]
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==Region 9 -- San Diego==
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The San Diego RWQCB monitors and regulates water quality for San Diego, Imperial and Riverside counties <ref name="counties"/>.
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To write this section see San Diego Regional Water Quality Control Board website [http://www.waterboards.ca.gov/sandiego/ RWQCB]
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==References==
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<references/>
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==Links==
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==Disclaimer==
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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.

Latest revision as of 13:55, 25 February 2021

Image from: http://ucanr.org/sites/UCNFAnews/Feature_Stories/_New__Ag_Waivers_from_two_regional_water_quality_control_boards
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

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