WATER QUALITY CONTROL POLICY
FOR THE
ENCLOSED BAYS AND ESTUARIES
OF CALIFORNIA
AS ADOPTED BY RESOLUTION NO. 95-84
STATE OF CALIFORNIA5T A TE WATER RESOURCES CONTROL BOARD(Amendments shown on page 2, Chapter 1.8, 1.b in underscore)
STATE WATER RESOURCES CONTROL BOARDRESOLUTION NO. 95-84
ADOPTION OF AN AMENDMENT TO THEWATER QUALITY CONTROL POLICY FOR THE ENCLOSED BAYS
AND ESTUARIES OF CALIFORNIA
WHEREAS:
1. The Water Quality Control Policy for the Enclosed Bays andEst~aries of California (Policy) was adopted by theState Water Resources Control Board (SWRCB) in 1974.
2. Section 13143 of the California Water Code provides thatState policy for water quality control may be revised.
3. The San Francisco Bay Regional Water Quality Control Board(SFBRWQCB) proposed that the Policy be amended to allowdischarges from ground water cleanup projects toSan Francisco Bay south of the Dumbarton Bridge whenreclamation or other disposal methods are unavailable or notappropriate and when other SWRCB and SFBRWQCB plans,policies, and regulations are met.
4. At the time of SWRCB adoption of the Policy, ground watercleanup projects were not widely undertaken and, there is noevidence that discharges from these projects were consideredin the development of the Policy.
5. Appropriate ground water cleanup projects should beencouraged.
6.
The discharges from ground water cleanup projects could beallowed where reclamation is not feasible and the need todispose of treated ground water outweighs the need toprohibit the discharge south of the Dumbarton Bridge.
7. SWRCB staff prepared public notices 'and documents andfollowed procedures satisfying environmental documentationrequirements in accordance with the California EnvironmentalQuality Act (Public Resources Code 21000 et seq.) and otherState and Federal statutes and regulations.
8 The SWRCB held a public hearing regarding the proposedamendments on November 2, 1995.
Amendments to SWRCB policies do not become effective untilregulatory provisions are approved by the Office ofAdministrative Law (OAL).
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TH~REFORE BE IT RESOLVED THAT
Th~ SWRCB:
1. Approves the following amendment to the Policy:
Add to the end of Chapter I.B., lb.:Exceptions to this provision may be granted to allowdischarges south of the Durnbarton Bridge of treated groundwater from ground water cleanup projects. Prior to allowingsuch a discharge, the Regional Board must make the followingfindings:
1 That the discharge will comply with all applicable Stateand Regional Board plans, policies and regulations.
2. That the reclamation or other reuse of the treated groundwater prior to discharge is not practicable.
3.
That there is no other feasible location to discharge thetreated ground water.
4. That the need to dispose of treated ground wateroutweighs the need to prohibit the discharge south of theDurnbarton Bridge.
2 The SFBRWQCB shall continue to implement provisions ofexisting State and Federal laws regarding the discharge oftoxic pollutants. In particular, the SFBRWQCB shall issueNational Pollutant Discharge Elimination System permits incompliance with the Porter-Cologne Water Quality Control Actand applicable State and Federal regulation, including, butnot limited to, 40 CFR, Section 122.44(d).
3 Within three years after Department of Fish and Game (DFG)notifies the SFBRWQCB that specific water bodies supportthreatened or endangered species and that scientific evidenceindicates that certain existing water quality objectives forthese water bodies do not adequately protect such species,the SFBRWQCB shall determine, in consultation with DFG,whether these objectives are adequately protective. In caseswhere such existing objectives do not provide adequateprotection for threatened and endangered species, theSFBRWQCB shall develop and adopt adequately protectivesite-specific objectives for these constituents.
4 Has determined after careful consideration of a~l commentstestimony, and written reports, that while the proposedamendment may have some impacts on the environment, thoseimpacts are not significant and will not result indegradation of water quality.
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5. Authorizes the SWRCB staff to submit the approved amendmentto the u.s. Environmental Protection Agency and regulatoryprovisions to OAL for approval.
CERTIFICATION
The undersigned, Administrative Assistant to the Board, doeshereby certify that the foregoing is a full, true, and correctcopy of a resolution duly and regularly adopted at a meeting ofthe State Water Resources Control Board held on November 16,1995.
the Board
TABLE OF CONTENTS
Page
INTRODUCTION 1
2CHAPTER I Principles for Management of Water Quality
in Enclosed Bays and Estuaries
5CHAPTERII Quality Requirements for Waste Discharges
6CHAPTER III. Discharge Prohibitions
7CHAPTER IV General Provisions
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FOOTNOTES.
74-43 11RESOLUTION NO.
WATER QUALITY CONTROL POLICYFOR THE ENCLOSED
BAYS AND ESTUARIES OF CALIFORNIAli
INTRODUCTION
The purpose of this policy is to provide water quality principlesand guidelines to prevent water quality degradation and toprotect the beneficial uses of waters of enclosed bays andestuaries. Decisions on water quality control plans, wastedischarge requirements, construction grant projects, water rightspermits, and other specific water quality control implementingactions of the State and Regional Boards shall be consistent withthe provisions of this policy.
The Board declares its intent to determine from time to time theneed for revision this policy.
This policy does not apply to wastes from vessels or land runoffexcept as specifically indicated for siltation (Chapter III 4.)and combined sewer flows (Chapter III 7.)
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CHAPTER I.PRINCIPLES FOR MANAGEMENT OF
WATER QUALITY IN ENCLOSED BAYS AND ESTUARIES
A.
It is the policy of the State Board that the discharge ofmunicipal wastewaters and industrial process waters U(exclusive of cooling waste discharges) to enclosed bays and
estuaries, other than the San Francisco Bay-Delta system,shall be phased out at the earliest practicable date.Exceptions to this provision may be granted by aRegional Board Qnly when the Regional Board finds that thewastewater in question would consistently be treated anddischarged in such a manner that it would enhance the qualityof receiving waters above that which would occur in theabsence of the discharge.~
B. with regard to the waters of the San Francisco Bay-Deltasystem, the State Board finds and directs as follows:
l.a. There is a considerable body of scientific evidence andopinion which suggests the existence of biologicaldegradation due to long-term exposure to toxicantswhic,h have been discharged to the San Francisco Bay-Delta system. Therefore, implementation of a programwhich controls toxic effects through a combination ofsource control for toxic materials, upgraded wastewatertreatment, and improved dilution of wastewaters shallproceed as rapidly as is practicable with the objectiveof providing full protection to the biota and thebeneficial uses of Bay-Delta waters in a cost-effectivemanner.
l.b A comprehensive understanding of the biological effectsof wastewater discharge on San Francisco Bay, as awhole, must await the results of further scientificstudy. There is, however, sufficient evidence at thistime to indicate th~t the continuation of wastewaterdischarges to the southern reach of San Francisco Bay,south of the Dumbarton Bridge, is an unacceptablecondition. The State Board and the San Francisco BayRegional Board shall take such action as is necessaryto assure the elimination of wastewater discharges towaters of the San Francisco Bay, south ofDumbarton Bridge, at the earliest practicable date.ExceQtions to this Drovision mav be aranted to allowdischaraes south of the Dumbarton Bridae of treatedground water from around water cleanuD Drolects. Priorto allowina such a discharae. the Reaional Board mustmake the followina findinas:
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1. That the discharGe will comDlv with all aDDlicableState and ReGional Board Dlans, Dolicies andreaulations.
2. That the reclamation or other reuse of the treatedqround water Drior to discharGe is not Dracticable.
3. That there is no other feasible location todischarae the treated around water.
4. That the need to disDose of treated around wateroutweiahs the need to Drohibit the discharae southof the Dumbarton Bridge.
1.c In order to prevent excessive investment which wouldunduly impact the limited funds available to Californiafor construction of publicly owned treatment works,construction of such works shall proceed in a stagedfashion, and each stage shall be fully evaluated by theState and Regional Boards to determine the necessityfor additional expenditures. Monitoring requirementsshall be established to evaluate any effects on waterquality, particularly changes in species diversity andabundance, which may result from the operation of eachstage of planned facilities and source controlprograms.
Such a staged construction program, incombination with an increased monitoring effort, willresult in the most cost-effective and rapid progresstoward a goal of maintaining and enhancing waterquality in the San Francisco Bay-Delta system.
Where a waste discharger has an alternative of in-bay orocean disposal and where both alternatives offer a similardegree of environmental and public health protection,prime consideration shall be given to the alternativewhich offers the greater degree of flexibility for theimplementation of economically feasible wastewaterreclamation options. I
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