California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 23 - Water Quality Control Plans
Section 3005 - Clear and Concise Summary of Amendments to the California Ocean Plan Adopted by the State Water Resources Control Board on January 20, 2005 and April 21, 2005 and September 15, 2009

Universal Citation: 23 CA Code of Regs 3005

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The State Water Resources Control Board (State Water Board) adopted Resolution No. 2005-0013 on January 20, 2005 and Resolution No. 2005-0035 on April 21, 2005, amending the California Ocean Plan (Ocean Plan) as follows:

(1) Choice of Indicator Organisms for Water-Contact Bacterial Standards. Add an enterococcus geometric mean and single sample maximum (SSM) water-contact standard. If a single sample exceeds any of the SSM standards, repeat sampling at that location will be conducted within 24 hours of receiving analytical results and continued until the sample result is less than the SSM standard, or until a sanitary survey is conducted to determine the source. Required monitoring for total coliform at offshore stations. Added a statement that it is State policy that the geometric mean is strongly preferred for use in water body assessment decisions. The use of only the SSM value is generally inappropriate, except under appropriate circumstances.

(2) Reasonable potential: Determining when Ocean Plan Water Quality-based Effluent Limitations are Required. Removed existing language that allows dischargers to certify that Table B pollutants are not present in their effluent in lieu of monitoring, and added general "reasonable potential" language to Chapter III (Program of Implementation) of the Ocean Plan. Additional reasonable potential procedures were added in the new Appendix VI of the Ocean Plan.

(3) Classification of Areas of Special Biological Significance (ASBS) as State Water Quality Protection Areas (SWQPAs), rename certain ASBS to coincide with name changes corresponding to Marine Managed Areas, and clarification that all exceptions are subject to Triennial Review. Changed the names of specific ASBS and incorporated the classification of ASBS as SWQPAs according to the Public Resources Code. In addition, amended the Ocean Plan to state that exceptions (including non-ASBS related exceptions) would be reviewed during the Triennial Review and an appendix was added listing all current exceptions to the Ocean Plan.

(b) The amendments of the Water Quality Control Plan for Ocean Waters of California, as adopted September 15, 2009 by the State Water Resources Control Board, modify the regulatory provisions of the previous Water Quality Control Plan as follows:

(1) Clarify that metals are expressed as total recoverable metals;

(2) Remove Section III(F)(1) on compliance schedules, which is outdated and unnecessary, and add Section III(G)(1) on compliance schedules in National Pollution Discharge Elimination System (NPDES) permits;

(3) Correct toxicity definitions and references in Appendix I;

(4) Include maps of California's ocean waters, bays, and estuaries; and

(5) Update the list of exceptions in Appendix VII in order to include:
(A) exceptions for discharges to Area(s) of Special Biological Significance which were approved after the adoption of the 2005 Ocean Plan;

(B) the 1979 conditional exception for untreated wet weather discharges from the City and County of San Francisco's combined storm and wastewater collection system, which was inadvertently omitted from the 2005 Ocean Plan; and

(C) the 1988 exceptions for total chlorine residual for nine coastal power plant discharges, which were also inadvertently omitted from the 2005 Ocean Plan.

1. New section containing concise summary of amendments to the California Ocean Plan approved by OAL 10-12-2005; filed 10-12-2005; operative 10-12-2005 pursuant to Government Code section 11353 (Register 2005, No. 41).
2. Amendment of section heading, designation of first four paragraphs as subsections (a)-(a)(3) and new subsections (b)-(b)(5)(C) summarizing amendments to the California Ocean Plan filed 3-10-2010; amendment approved by the State Water Resources Control Board Resolution No. 2009-0072 on 9-15-2009; amendment approved by OAL pursuant to Government Code section 11353 on 3-10-2010 (Register 2010, No. 11).

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