Cal. Code Regs. tit. 23 § 3916
The San Francisco Bay Regional Water Quality Control Board adopted Resolution R2-2005-0046 on September 21, 2005, which amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan) by establishing a program (a Total Maximum Daily Load (TMDL)) to control pathogens in the Tomales Bay watershed. The TMDL sets numeric targets, allocates responsibility among the sources for meeting those targets, and establishes an implementation plan to ensure that all segments of Tomales Bay and its major tributaries (Lagunitas Creek, Walker Creek, and Olema Creek) attain applicable bacteriological water quality standards established in the Basin Plan to protect and support the beneficial uses.
The numeric targets consist of:
The implementation plan requires actions to eliminate any discharges of human fecal waste from boats, on-site sewage disposal systems, small wastewater treatment facilities, and sewage holding ponds.
Density-based allocations for fecal coliform bacteria are assigned to the various animal fecal waste sources to the watershed (grazing lands, dairies, equestrian facilities, and domestic animals) and reflect the highest fecal coliform bacterial densities that can be discharged while still attaining the shellfish harvesting beneficial use in Tomales Bay. Discharging entities are not held accountable for discharges originating from wildlife. The requirements are consistent with the State's Policy for Implementation and Enforcement of the Nonpoint Source Pollution Control Program and the California Water Code. Implementation measures include evaluation of operating practices, development of control measures, a schedule for implementing those measures, and submittal of progress reports documenting the actions taken.
Water quality monitoring will be conducted to evaluate fecal coliform concentration trends in Tomales Bay and its tributaries. Every five years, the San Francisco Bay Water Board will evaluate new and relevant information from monitoring and scientific literature, assess progress towards meeting the targets and load allocations and appropriateness and effectiveness of proposed action, and may consider revising the TMDL if needed. The reviews will provide opportunities for public participation. Any necessary modifications to the targets, allocations, or implementation plan will be incorporated into the Basin Plan. The California Department of Health Services, working in consultation with the Tomales Bay Shellfish Technical Advisory Committee, is encouraged to periodically evaluate shellfish harvesting guidelines beginning in 2009.
Cal. Code Regs. Tit. 23, § 3916