SUBJECT:  CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO NEGOTIATE, ACCEPT, AND AMEND A TOXIC SUBSTANCES CONTROL ACT GRANT AND NEGOTIATE, EXECUTE, AND AMEND AN AGREEMENT WITH THE UNIVERSITY OF CALIFORNIA TO SUPPORT THE DAIRY WASTE MANAGEMENT PARTNERSHIP AGREEMENT

DISCUSSION: A Dairy Waste Management Partnership Agreement (Partnership Agreement) was executed in October 1998 among 14 State and federal agencies and industry organizations including the State Water Resources Control Board (SWRCB) (attached). The Partnership Agreement creates a producer certification process which enables dairy operators to achieve compliance with environmental regulations through a comprehensive voluntary program of training in waste management, preparation of Environmental Stewardship Farm Management Plans, and on-site evaluations by a third party.
Division of Water Quality staff, in cooperation with the University of California (University), submitted a preproposal to the U.S. Environmental Protection Agency for funding in the amount of $443,740 under section 28 of the federal Toxic Substances Control Act (TSCA) to partially support activities under the Partnership Agreement. The preproposal was ranked as first on the nationwide priority list. SWRCB staff has been asked to proceed with submittal of a full proposal which is now nearing completion. Final award of the grant is expected in July 1999.
Under the grant, the University will

• Conduct Environmental Stewardship short courses for dairy operators,
• Participate in preparation of a uniform inspection checklist and related materials, and
• Provide training to third party evaluators.

POLICY ISSUE: Should the SWRCB adopt a resolution:

1. Authorizing the Executive Director or his designee to negotiate, accept, and amend a TSCA grant in an amount not to exceed $500,000.

2. Authorizing the Executive Director or his designee to negotiate, accept, and amend an agreement with the University of California to support the Partnership Agreement?

FISCAL IMPACT: SWRCB will incur administrative costs in managing this contract. Five percent of the expected contract amount (approximately $22,000) will be reserved for contract administrative costs. Division of Water Quality staff will work with the Budget Office to ensure that there is adequate budget authority for the additional funds.

RWQCB IMPACT: Yes, statewide, but primarily North Coast, Central Valley, and Santa Ana Regional Water Quality Control Boards.

STAFF RECOMMENDATION: That SWRCB adopt a resolution:

1. Authorizing the Executive Director or his designee to negotiate, accept, and amend a TSCA grant in an amount not to exceed $500,000.

2. Authorizing the Executive Director or his designee to negotiate, accept, and amend an agreement with the University of California to support the Partnership Agreement
[Note: The Partnership Agreement Signatories attachment is not available electronically. For copies, contact: Janie Mitsuhashi, Division of Water Quality, SWRCB, P.O. Box 944213, Sacramento, CA 94244-2130/ (916) 657-0633 or FAX (916) 657-2127]

WHEREAS:

1. Discharges of animal waste from confined animal facilities have impaired the beneficial uses of ground and surface waters and have posed a significant threat to the waters of the State.

2. The State Water Resources Control Board (SWRCB) has entered into a Dairy Waste Management Partnership Agreement (Partnership Agreement) with 13 other State and federal agencies and dairy industry groups to enable compliance with environmental regulations through cooperative measures.

3. The SWRCB, together with the University of California, has submitted a preproposal to U.S. Environmental Protection Agency (USEPA) for funding under the Toxic Substances Control Act (TSCA) for activities in support of the Partnership Agreement.

4. Under the preproposal, the University of California will, among other things, conduct Environmental Stewardship short courses for dairy operators and provide training for third party evaluators.

5. The preproposal submitted by the SWRCB and the University of California was ranked first on the nationwide priority list by the USEPA review, and the final proposal has a high probability of being funded.

6. Activities to be conducted under the TSCA grant will support the Partnership Agreement and will result in improvements to water quality and a reduction in threats to water quality throughout the State.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1.  Authorizes the Executive Director or his designee to negotiate, accept, and amend a TSCA grant in an amount not to exceed $500,000.

2.  Authorizes the Executive Director or his designee to negotiate, accept, and amend an agreement with the University of California to support the Partnership Agreement.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on March 18, 1999.

Maureen Marché
Administrative Assistant to the Board