Cal. Code Regs. tit. 23 § 3959.6

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

Section 3959.6 - Amendments to the Water Quality Control Plan for the Lahontan Region

On April 9, 2014, the Lahontan Regional Water Quality Control Board adopted Resolution No. R6T-2014-0027 amending the Water Quality Control Plan for the Lahontan Region (Basin Plan). The State Water Resources Control Board approved the amendments under Resolution No. 2014-0032, on July 2, 2014.

The amendments include both non-regulatory provisions and regulatory provisions. The regulatory provisions of the amendments include:

(a) Revision of the Mojave Hydrologic Unit portion of Table 2-1, Beneficial Uses of Surface Waters of the Lahontan Region, to correct identified receiving waters and add receiving waters, as appropriate.

(b) Modifications to Chapter 3, Water Quality Objectives, to

(1) Add descriptions of the National Toxics Rule and the California Toxics Rule that apply as water quality objectives.

(2) Correctly identify the Antidegradation Policy of the State Water Resources Control Board and federal antidegradation regulations.

(3) Correct an error on the Lake Tahoe electrical conductivity water quality objective.

(4) Correct nitrate description in Tables 3-8, 3-10, 3-11, 3-14, and 3-16 through 3-21.

(5) Clarify the form of manganese and aluminum in Table 3-14.

(6) Remove the copper and arsenic water quality objectives in Table 3-14 that are superseded by the California Toxics Rule.

(7) Correct surface water names in Tables 3-17 and 3-20.

(c) Modifications to Chapter 4, Implementation, in the Introduction section to

(1) Incorporate State Water Resources Control Board policy on mixing zones for NPDES waste discharge permits in Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP).

(2) Expand the use/applicability of provisions of the SIP for additional constituents and waters not covered by the SIP, including non-federal surface waters and groundwaters.

(3) Incorporate State Water Resources Control Board policy authorizing use of compliance schedules in NPDES permits.

(d) Modifications to Section 4.1, Waste Discharge Prohibitions, and associated figures to clarify, simplify, and consolidate waste discharge prohibitions, including:

(1) Consolidate the narrative (No. 1) and numeric (No. 2) objective violation prohibitions

(2) Add a prohibition (new No. 3) for unauthorized discharges.

(3) Remove the prohibition (No. 5) on certain municipal and industrial discharges.

(4) Provide exemption criteria for prohibition Nos. 1 and 2.

(5) Authorize the Executive Officer to grant exemptions to prohibitions for emergency projects.

(6) Provide authorization/exemptions for a list of low threat discharges.

(7) Authorize the Executive Officer to grant exemptions to prohibitions for restoration projects.

(8) Eliminate duplication of Surprise Valley, Cowhead Lake, Madeline Plans, Duck Flat, Susanville (prohibition Nos. 1 through 3), and Smoke Hydrologic Unit prohibitions with revised regionwide prohibition No. 1 and new No. 3.

(9) Clarify the Eagle Drainage Hydrologic Unit prohibitions and remove duplicative prohibitions.

(10) Consolidate Little Truckee River Hydrologic Unit and Truckee River Hydrologic Unit prohibitions and exemptions; remove duplicative prohibitions; add exemption criteria for prohibited surface water discharges; and modify exemption criteria for discharges within the 100-year floodplain.

(11) Remove Executive Officer delegation language.

(12) Remove septic system prohibition for Glenshire and Devonshire subdivisions.

(13) Amend the pesticide prohibition language that was approved by the Lahontan Regional Water Quality Control Board on December 7, 2011 (23 CCR § 3959.5) to clarify what entities may apply for exemptions.

(14) Amend or delete figures as appropriate to reflect above amendments.

(e) Amend Section 4.4 to incorporate the 2012 State Board policy on onsite wastewater treatment systems. Clarify graywater systems discussion to be consistent with Health and Safety Code section 17922.12.

(f) Amend the Forest Management portion of Section 4.9 to reflect current regulation of forest and vegetation management activities.

(g) Modifications to Chapter 5, Water Quality Standards and Control Measures for the Lake Tahoe Basin, to

(1) Remove outdated discussion of the Tahoe Regional Planning Agency and its plans and policies (throughout all sections).

(2) Remove language that duplicates parts of Section 4.

(h) Modifications to Section 5.1, Lake Tahoe Water Quality Standards, to

(1) Correctly identify the Antidegradation Policy of the State Board and federal antidegradation regulations.

(2) Correct typographical error on ammonia formula.

(3) Correct typographical error on Lake Tahoe electrical conductivity water quality objective.

(i) Modifications to Section 5.2, Lake Tahoe Hydrologic Unit Waste Discharge Prohibitions, to

(1) Delete language of regionwide prohibitions and refer to section 4.1, where regionwide prohibitions are located.

(2) Remove prohibitions that are duplicative of regionwide prohibitions or other Tahoe prohibitions.

(3) Improve descriptions of waste discharge prohibitions, including for floodplain and Stream Environment Zones (SEZ), and associated exemption criteria.

(4) Remove duplicative prohibition language for the Truckee River Hydrologic Unit.

(5) Remove Figures 5.2-1 and 5.2-2 that are no longer applicable to this section.

(j) Modifications to Section 5.3, Lake Tahoe Hydrologic Unit Best Management Practices, to update to reflect current plans, policies and regulations.

(k) Modifications to Section 5.4, Lake Tahoe Hydrologic Unit Land Capability and Coverage Limitations, to update reference the Tahoe Regional Planning Agency (TRPA) and local government regulations and planning documents, and remove outdated references to regulations no longer in effect or not applicable to the Lahontan Water Board's authority, including deleting Tables 5.4-1 through 5.4-3.

(l) Modifications to Section 5.5, Lake Tahoe Hydrologic Unit Remedial Programs and Offset, to simplify discussion and refer to TRPA programs to address the effects of watershed disturbance.

(m) Modifications to Section 5.6, Lake Tahoe Hydrologic Unit Stormwater Problems and Control Measures, to update and remove outdated references.

(n) Modifications to Section 5.7, Lake Tahoe Hydrologic Unit Stream Zones, Floodplains, Shorezones and Ground Water, to

(1) Remove outdated material and most references to TRPA programs, policies and ordinances to focus on Regional Board activities and authorities.

(2) Delete prohibition exemption discussions, as exemptions are now all in Section 5.2.

(3) Remove discussion on Executive Officer authority to grant exemptions.

(o) Delete Section 5.8, Lake Tahoe Hydrologic Unit Development Restrictions, as development and most land use regulation are not within the Lahontan Regional Water Quality Control Board's authority.

(p) Modifications to Sections 5.9 through 5.12 and 5.14 through 5.17 to remove most language referencing TRPA plans, policies and ordinances.

(q) Modifications to Section 5.13, Lake Tahoe Hydrologic Unit Forest Management Activities, to update language to reflect current regulations and approaches.

(r) Modifications to Chapter 6 to update and correct references, including discussion of State and Regional Board plans and policies.

Cal. Code Regs. Tit. 23, § 3959.6

1. New section summarizing amendments to basin plan filed 10-1-2014; amendments approved by State Water Resources Control Board Resolution No. 2014-0032 on 7-2-2014; amendments approved by OAL pursuant to Government Code section 11353 on 10-1-2014 (Register 2014, No. 40).