Cal. Code Regs. tit. 23 § 3939.19

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 3939.19 - Site-Specific Objectives for Copper and Lead and a Total Maximum Daily Load for Metals in the los Angeles River and Its Tributaries

On September 6, 2007, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. R2007-014, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) to reduce metals in the Los Angeles River and its Tributaries for dry weather (maximum daily flow in the River less than 500 cubic feet per second) and wet weather (maximum daily flow in the River equal to or greater than 500 cubic feet per second). The TMDL:

(1) sets dry- and wet-weather numeric targets to achieve California Toxics Rule (CTR) numeric water quality criteria for metals;
(2) establishes a dry-weather loading capacity for a single critical flow to meet the dry-weather numeric target;
(3) establishes a wet-weather loading capacity that varies with flow in order to meet wet-weather numeric targets; and
(4) allocates the dry- and wet-weather loading capacities among point and nonpoint sources of metals, with the majority of the dry-weather allocation to the three largest publicly owned treatment works (POTWs) and the majority of the wet-weather allocation to storm water sources.

The TMDL identifies the National Pollutant Discharge Elimination System (NPDES) permits for three POTWs, the Los Angeles County and Long Beach municipal storm water NPDES permits, the Caltrans storm water NPDES permit, the general industrial and construction storm water NPDES permits, "other NPDES permits" for low-volume, intermittent, non-stormwater discharges, and the authority vested in the Executive Officer by Water Code section 13267 as the principal regulatory mechanisms to implement the TMDL. The TMDL requires the three POTWs to achieve dry- and wet-weather wasteload allocations at the time of permit issuance, renewal, or re-opener, or by January 11, 2016 if advanced treatment is required to reduce metals loads.

The TMDL requires the general industrial and construction storm water permittees to achieve dry-weather wasteload allocations at the time of permit issuance, renewal, or re-opener; it requires the general industrial and construction storm water permittees to achieve wet-weather wasteload allocations by January 11, 2016 and January 11, 2015, respectively. The TMDL requires the municipal and Caltrans storm water permittees to achieve waste load allocations in prescribed percentages of the watershed, achieving dry-weather allocations in the entire watershed by January 11, 2024 and wet-weather allocations in the entire watershed by January 11, 2028.

The TMDL identifies five jurisdictional groups to coordinate implementation of the municipal storm water allocations and provides that by April 11, 2007, each jurisdictional group must submit a coordinated monitoring plan and by July 11, 2010, each jurisdictional group must submit an implementation plan. The TMDL allows for special studies, such as site-specific toxic effects and natural source studies, which are due by January 11, 2010. The TMDL specifies that by January 11, 2011, the Los Angeles Water Board shall reconsider the wasteload allocations and implementation schedule based on the results of special studies.

On May 6th, 2010, the Los Angeles Water Board adopted Resolution No. R10-003, amending the Basin Plan to revise the TMDL for metals in the Los Angeles River and its tributaries. The revision adjusts the copper numeric targets and loading capacity for Reaches 1-4 of the Los Angeles River and the Burbank Western Channel, as well as the copper waste load allocations for the Donald C. Tillman, Los Angeles-Glendale, and Burbank POTWs.

On April 9, 2015, the Los Angeles Water Board adopted Resolution No. R15-004, amending the Basin Plan to adopt site-specific objectives for lead and copper in the Los Angeles River watershed and to revise the TMDL for metals in the Los Angeles River and tributaries. The revisions update the numeric targets, loading capacity, and load and waste load allocations for Reaches 1-4 of the Los Angeles River and Compton Creek, Rio Hondo, Arroyo Seco, Verdugo Wash, Burbank Western Channel, and Tujunga Wash based on site-specific objectives calculated using water effect ratios for copper and a criteria recalculation for lead.

Cal. Code Regs. Tit. 23, § 3939.19

1. New section summarizing amendments to basin plan filed 12-9-2005; amendment approved by State Water Resources Control Board Resolution No. 2005-0077 on 10-20-2005; amendments approved by OAL pursuant to Government Code section 11353 on 12-9-2005 (Register 2005, No. 49).
2. Editorial correction of HISTORY 1 (Register 2006, No. 3).
3. Amendment of section summarizing amendments to basin plan filed 10-14-2008; amendment approved by State Water Resources Control Board Resolution No. 2008-0046 on 6-17-2008; amendment approved by OAL pursuant to Government Code section 11353 on 10-14-2008 (Register 2008, No. 42). These amendments are the result of a petition for writ of mandate invalidating the originally approved amendment (Resolution No. 2005-0077), and mandating the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board conduct alternatives analysis. This analysis has been completed, and the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board have both readopted this basin plan amendment.
4. New final paragraph summarizing further amendments to basin plan filed 7-27-2011; amendments adopted by Los Angeles Regional Water Quality Control Board Resolution No. R10-003 on 5-6-2010; amendment approved by State Water Resources Control Board Resolution No. 2011-0021 on 4-19-2011; amendments approved by OAL pursuant to Government Code section 11353 on 7-27-2011 (Register 2011, No. 30).
5. Amendment of section heading and new final paragraph summarizing further amendments to basin plan filed 7-11-2016; amendments approved by State Water Resources Control Board Resolution No. 2015-0069 on 11-17-2015; amendments approved by OAL pursuant to Government Code section 11353 on 7-11-2016 (Register 2016, No. 29).
1. New section summarizing amendments to basin plan filed 12-9-2005; amendment approved by State Water Resources Control Board Resolution No. 2005-0077 on 10-20-2005; amendments approved by OAL pursuant to Government Code section 11353 on 12-9-2005 (Register 2005, No. 49).
2. Editorial correction of History 1 (Register 2006, No. 3).
3. Amendment of section summarizing amendments to basin plan filed 10-14-2008; amendment approved by State Water Resources Control Board Resolution No. 2008-0046 on 6-17-2008; amendment approved by OAL pursuant to Government Code section 11353 on 10-14-2008 (Register 2008, No. 42). These amendments are the result of a petition for writ of mandate invalidating the originally approved amendment (Resolution No. 2005-0077), and mandating the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board conduct alternatives analysis. This analysis has been completed, and the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board have both readopted this basin plan amendment.
4. New final paragraph summarizing further amendments to basin plan filed 7-27-2011; amendments adopted by Los Angeles Regional Water Quality Control Board Resolution No. R10-003 on 5-6-2010; amendment approved by State Water Resources Control Board Resolution No. 2011-0021 on 4-19-2011; amendments approved by OAL pursuant to Government Code section 11353 on 7-27-2011 (Register 2011, No. 30).
5. Amendment of section heading and new final paragraph summarizing further amendments to basin plan filed 7/11/2016; amendments approved by State Water Resources Control Board Resolution No. 2015-0069 on 11-17-2015; amendments approved by OAL pursuant to Government Code section 11353 on 7-11-2016 (Register 2016, No. 29).