On May 20, 2004, the State Water Resources Control Board (SWRCB) adopted Resolution No 2004-0030, adopting the Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program (NPS Implementation Policy) in accordance with California Water Code section 13369.
A nonpoint source (NPS) pollution control implementation program is a program developed to comply with SWRCB or RWQCB waste discharge requirements (WDRs), waivers of WDRs, or basin plan prohibitions. The policy provides a framework for developing NPS pollution control programs throughout the state. NPS pollution control programs may be developed by the SWRCB, a RWQCB or a third-party entity. The policy defines "third-party entities" as entities that are not actual dischargers under RWQCB/SWRCB permitting authority.
All NPS pollution control programs endorsed or approved by a RWQCB as sufficient to meet RWQCB obligations to protect water quality are required, at a minimum, to meet the requirements of the following key elements, thus providing consistent program requirements throughout the state.
1. A NPS control implementation program's purpose must be explicitly stated, and must be designed to achieve and maintain water quality objectives and beneficial uses, including any applicable antidegradation requirements.2. The NPS program shall include a description of the management practices to be implemented and the process to ensure and verify proper implementation.3. Where a RWQCB determines time is necessary to achieve water quality requirements, a time schedule and corresponding quantifiable milestones to measure progress are required.4. Feedback mechanisms must be included in the implementation program so that the RWQCB, dischargers and the public can determine whether the program is achieving its stated purpose(s), or if additional or other actions are required.5. In addition, each RWQCB shall make clear, in advance, the potential consequences for failure to achieve a program's stated purposes and make clear that any enforcement action that needs to be taken will be taken against individual dischargers, not the third parties. Investigation, identification, and enforcement of NPS discharger noncompliance with State water quality control laws, regulations, policies and plans shall be consistent with the requirements of the State Water Resources Control Board Water Quality Enforcement Policy (Title 23, California Code of Regulations section 2910).
Cal. Code Regs. Tit. 23, § 2915
1. New section summarizing "Policy for Implementation and Enforcement of the Nonpoint Source Pollution Control Program," Resolution No. 2004-0030 adopted 5-20-2004 by the State Water Resources Control Board; approved by OAL and effective 8-26-2004 pursuant to Government Code section 11353; filed 8-26-2004 (Register 2004, No. 35). 1. New section summarizing "Policy for Implementation and Enforcement of the Nonpoint Source Pollution Control Program," Resolution No. 2004-0030 adopted 5-20-2004 by the State Water Resources Control Board; approved by OAL and effective 8-26-2004 pursuant to Government Code section 11353; filed 8-26-2004 (Register 2004, No. 35).