Cal. Code Regs. tit. 23 § 2913

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 2913 - Concise Summary of the Consolidated Toxic Hot Spots Cleanup Plan

(a) Resolution 99-065, adopted June 17, 1999, by the State Water Resources Control Board, created the Consolidated Toxic Hot Spots Cleanup Plan (Plan). As required by Water Code Sections 13392 and 13394, the Plan requires the Regional Water Quality Control Boards to implement remedial actions at identified known toxic hot spots to improve and protect the quality of the enclosed bays, estuaries and coastal waters of the State from discharges of hazardous substances in accordance with the provisions of Chapter 5.6 of the Water Code. The Plan was adopted as Policy for Water Quality Control. The Plan contains the following elements:

* A list of known toxic hot spots;

* The priority of each known toxic hot spot;

* Procedures for removing toxic hot spots from the Plan;

* Guidance on the reevaluation of waste discharge requirements;

* The scope of remedial actions and costs;

* Policy on remediation if potential discharger is identified;

* Policy on remediation in the absence of potential discharger;

* Policy for prevention of toxic hot spots:

* Special provisions for remediation in San Diego Bay;

* The toxic hot spot definition, ranking criteria, and benefits of remediation;

* Mitigation necessary to avoid the potential environmental impacts of remediation; and

* Regional Toxic Hot Spots Cleanup Plan developed pursuant to Title 23, California Code of Regulations Section 2912.

(b) On January 22, 2004, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2004-0002 amending the Consolidated Hotspots Cleanup Plan (Consolidated Plan). The amendment revised three toxic hot spot cleanup plans for the Central Valley region.

The Central Valley Regional Water Quality Control Board (Regional Water Board) adopted the revised plans in Resolution R5-2003-0034. The revised plans address:

1) diazinon in orchard dormant spray;

2) diazinon and chlorpyrifos in stormwater; and

3) chlorpyrifos in irrigation return flow. The revisions deleted site-specific variances for these hot spots and added specific information addressing the elements that must be included in a toxic hot spot cleanup plan under Water Code § 13394. The revised Plans recognize that the three pesticide problems are seasonal water column problems that cannot be addressed by hauling away the water or underlying sediments but instead must rely on controlling the amount of chemicals that reach surface waters in the delta. The revised Plans:

* Comprehensively describe actions already implemented to reduce pesticide levels (Water Code § 13394(h))

* Preliminarily assess actions required to remedy or restore toxic hot spots (Water Code § 13394(f)), including the establishment of time schedules for the Regional Board to consider Basin Plan amendments to control pesticide discharges and to implement TMDLs, as well as the identification of elements that need to be included in revisions to the Basin Plan

* Estimate the costs of implementing the program and the costs that may be recoverable from potential dischargers (Water Code §§ 13394(c) and (e)) and identify potential sources of funds for costs not recoverable from dischargers (Water Code § 13394(g))

* Require monitoring to evaluate program success.

Cal. Code Regs. Tit. 23, § 2913

1. New section summarizing Water Quality Control Policy for Consolidated Toxic Hot Spots Cleanup Plan, Resolution No. 99-065, adopted 6-17-99 by the State Water Resources Control Board; approved by OAL and effective 11-15-99 pursuant to Government Code section 11353; filed with the Secretary of State 11-15-99 (Register 99, No. 47).
2. Amendment designating first paragraph as subsection (a) and adopting subsection (b) providing summary of amendment filed 3-20-2007; amendment approved by State Water Resources Control Board Resolution No. 2004-0002 on 1-22-2004; amendment approved by OAL pursuant to Government Code section 11353 on 3-20-2007 (Register 2007, No. 12).