California Code of Regulations
Title 23 - Waters
Division 4 - Regional Water Quality Control Boards
Chapter 1 - Water Quality Control Plans, Policies, and Guidelines
Article 5 - Central Valley Region
Section 3949.16 - Amendment to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin to Establish a Central Valley-Wide Salt and Nitrate Control Program
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
On May 31, 2018, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted Resolution No. R5-2018-0034, amending the Water Quality Control Plans for the Central Valley Region to Incorporate a Central Valley-wide Salt and Nitrate Control Program.
The Amendments will:
1. Establish a phased Salt Control Program for discharges to surface and groundwater;
2. Establish a prioritized Nitrate Control Program for discharges to groundwater;
3. Identify alternative compliance pathways that allow collaborative means of addressing salt and nitrate issues;
4. Include a Conditional Prohibition of Discharge to establish enforceable conditions until the Central Valley Water Board revises permits to incorporate applicable requirements from the Control Program;
5. Establish a Surveillance and Monitoring Program;
6. Revise the existing Salinity Variance Policy;
7. Revise the existing Exceptions Policy;
8. Incorporate a Drought and Conservation Policy;
9. Incorporate an Offsets Policy; and
10. Clarify intent and use of applying secondary MCLs in permitting actions.
On December 10, 2020, the Central Valley Water Board adopted Resolution No. R5-2020-0057, amending the Water Quality Control Plans for the Central Valley Region to incorporate revisions to the Central Valley-wide Salt and Nitrate Control Program established by Central Valley Water Board Resolution No. R5-2018-0034.
These Revisions to the Amendments will:
1. Modify a Salt and Nitrate Control Program goal to be cessation of causing or contributing to exceedances of water quality objectives;
2. Clarify no new standards are created for de-designating aquifer beneficial uses or adopting less stringent site-specific water quality objectives;
3. Require a sampling program to identify residents impacted by nitrate;
4. Revise the Nitrate Control Program, including deadline requirements;
5. Revise the Exceptions Policy for the Nitrate Control Program, including a maximum of 35 years for nitrate exceptions and a goal of 50 years for basin restoration;
6. Revise the Offsets Policy for the Nitrate Control Program;
7. Remove authorizations of specified exceedances of Secondary Maximum Contaminant Levels;
8. Revise Salt Control Program to not rely on multi-discharger variances; and
9. Modify the Salt Control Program Conservative Salinity Permitting Approach delineation values.
1. New section summarizing amendments to Basin Plan filed 1-15-2020; amendments approved by State Water Resources Control Board Resolution No. 2019-0057 on 10-16-2019; amendments approved by OAL pursuant to Government Code section 11353 on 1-15-2020 (Register 2020, No. 3).
2. Amendment of section summarizing amendments to Basin Plan filed 11-10-2021; amendments approved by State Water Resources Control Board Resolution No. 2021-0019 on 6-1-2021; amendments approved by OAL pursuant to Government Code section 11353 on 11-10-2021 (Register 2021, No. 46).