Regional Board Resolution No. 99-10, adopted on April 9, 1999, by the Santa Ana Regional Water Quality Control Board (SARWQCB), modified the regulatory provisions of the Water Quality Control Plan for the Santa Ana Region by establishing a Total Maximum Daily Load (TMDL) for fecal coliform bacteria discharged in the Newport Bay. The TMDL addresses impairment due to pathogens in Newport Bay in a prioritized, phased approach. Compliance with objectives to protect water contact recreation are to be achieved no later than 14 years after State approval of the TMDL; objectives to protect shellfish harvesting are to be met no later than 20 years after State approval of the TMDL. Concentration-based allocations are assigned for vessel waste, urban runoff, natural sources, and agricultural runoff. The TMDL will be reevaluated and revised, if appropriate, based on monitoring results and relevant studies. These studies include source identification and characterization, development of a bacterial water quality model, a shellfish harvesting and a water contact recreation beneficial use assessment, and evaluation of a vessel waste program. Revision of the TMDL would be considered through the Basin Plan amendment process. Upon completion and consideration of studies and any appropriate Basin Plan amendment, the Regional Board shall adopt a plan for achieving the targets. This plan will use a phased compliance approach with priorities and compliance schedules assigned based on the use and area affected and the nature, magnitude, and timing of violations. The fecal coliform TMDL contains an implicitly incorporated margin of safety by not applying adjustments for dilution, natural die-off, and tidal flushing.
Cal. Code Regs. Tit. 23, § 3975