WORKSHOP SESSION--DIVISION
OF WATER QUALITY
ITEM:4
SUBJECT:
CONSIDERATION OF APPROVAL OF CALIFORNIA WATER CODE SECTION 13263.3 POLLUTION PREVENTION PLAN FORMATS
DISCUSSION:
The Clean Water Enforcement and Pollution Prevention Act of 1999 (Senate Bill 709) amended the California Water Code (CWC) by adding Section 13263.3.CWC
Section 13263.3(d)(1) authorizes the State Water Resources Control Board (SWRCB), a Regional Water Quality Control Board (RWQCB), or a publicly owned treatment works (POTW) to require a discharger to prepare and implement a pollution prevention plan.CWC Section 13263.3(c) defines a discharger as any entity required to obtain National Pollutant Discharge Elimination System (NPDES) permit or any entity subject to the federal pretreatment program.
Under CWC Section 13263.3, a pollution prevention
plan may be required if any of the following apply:
1.The SWRCB finds the discharger to be a chronic violator, and the SWRCB, an RWQCB, or a POTW determines that pollution prevention could assist the discharger in achieving compliance;
2.The discharger significantly contributes, or has the potential to significantly contribute, to the creation of a toxic hot spot as defined in CWC Section 13391.5; or
3. The SWRCB, an RWQCB, or a POTW determines that pollution prevention is necessary to achieve a water quality objective.
CWC Section 13263.3(j) requires the SWRCB to adopt a sample format for use by dischargers, including POTWs, for preparing Section 13263.3 pollution prevention plans.
Use of the format is not mandatory.Dischargers, however, must address all the elements required by Section 13263.3 and the format, if required to prepare a Section 13263.3 pollution prevention plan.
The
Hazardous Waste Source Reduction and Management Review Act of 1989
POLICY
ISSUE:
Should
the SWRCB adopt the CWC Section 13263.3 pollution prevention plans formats
(attached)?
Approving the pollution prevention plan formats will have no fiscal impact on the SWRCB or the RWQCBs.There will, however, be some costs for implementing CWC Section 13263.3.RWQCBs will incur costs to require and review pollution prevention plans.The authority to require a pollution prevention plan is discretionary and is provided only under prescribed circumstances.SWRCB staff, therefore, does not expect the RWQCBs to require a large number of dischargers to prepare and implement pollution prevention plans.For this reason, the costs to implement Section 13263.3 are expected to be small and will not impact existing budgets allotments.
RWQCB IMPACT:
All
RWQCBs
STAFF
RECOMMENDATION:
That the SWRCB
adopts CWC Section 13263.3 pollution prevention plan formats (attached).
March
27, 2000 Draft
STATE WATER
RESOURCES CONTROL BOARD
RESOLUTION
NO. 2000-
ADOPTION OF
CALIFORNIA
WATER CODE SECTION 13263.3
POLLUTION
PREVENTION PLAN FORMATS
WHEREAS:
1.The
Clean Water Enforcement and Pollution Prevention Act of 1999 was signed
by Governor Davis on July 12, 2000.
2.The
Clean Water Enforcement and Pollution Prevention Act added Section 13263.3
to the California Water Code (CWC).
3.CWC
Section 13263.3, under specified circumstances, allows the State Water
Resources Control Board (SWRCB), Regional Water Quality Control Boards,
and Publicly Owned Treatment Works to require dischargers that have National
Pollutant Discharge Elimination System (NPDES) permits or are subject to
the federal pretreatment program to prepare pollution prevention plans.
4.CWC
Section 13263.3 requires the SWRCB to adopt a sample format to be used
by dischargers for completing the pollution prevention plans prescribed
by the section.
5.CWC
Section 13263.3 requires the sample format to address all the factors required
by the section and states that the SWRCB may include other factors determined
to be necessary to carry out the section.
6.Although
use of the sample format is not mandatory, CWC Section 13263.3 pollution
prevention plans must address all elements included in the sample format.
7.SWRCB
staff has prepared a format for adoption by the SWRCB.
THEREFORE
BE IT RESOLVED THAT:
The
SWRCB adopts the CWC Section 13263.3 pollution prevention plan formats
(attached).
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 April 26, 2000.
_____________________________________
Maureen
Marché
_____________________________________________________________________________________________
March
27, 2000 Draft
I.ANALYSIS
OF POLLUTANT SOURCES
A.Provide
an analysis of one or more pollutants of concern as directed by the State
Water Resources Control Board (SWRCB),
the Regional Water Quality Control Board (RWQCB), or a Publicly Owned Treatment
Works (POTW) that the facility discharges.This
analysis must include:
i.A
description of the sources of the pollutants and
ii.A
comprehensive review of the processes used that result in the generation
and discharge of the pollutants.
II.POLLUTION
PREVENTION ALTERNATIVES ANALYSIS
A.Provide
a description of the existing pollution prevention and wastewater treatment
methods used by the discharger.
B.Provide an analysis of pollution prevention activities that may reduce the generation and/or discharge of the pollutants, including the application of innovative and alternative technologies.Discuss any adverse environmental impacts that may be caused by the use of these methods.
C.Provide
an analysis, to the extent feasible, of the relative costs and benefits
of the pollution prevention activities described in Item B.
D.Provide
a description and rationale for the pollution prevention measures selected
for implementation.
III.IMPLEMENTATION
PLAN
A.Provide
a statement of pollution prevention goals for the short-term (less than
two years) and the long-term (two to five years).
B.Provide
a detailed description of the tasks and schedules for implementing the
pollution prevention activities.
C.Provide
a description of a monitoring program designed to measure the effectiveness
of the pollution prevention activities in reducing the pollutants of concern.This
monitoring program must include:
i.A description of the methods used to measure the effectiveness of the pollution prevention activities and
ii.A discussion relating the performance measurements to the pollution prevention goals.
D.Provide
a statement saying that the existing and planned pollution prevention activities
do not transfer pollutants to other media.Cross
media transfers are not allowed unless clear environmental benefits are
identified and supported by relevant information.
E.Provide
proof of compliance with the Hazardous Waste Source Reduction and Management
Review Act of 1989 (Article 11.9 [commencing with Section 25244.12] of
Chapter 6.5 of Division 20 of the Health and Safety Code), if applicable.
___________________________________________________________________________________________________________
March
27, 2000 Draft
CALIFORNIA
WATER CODE SECTION 13263.3
A.Provide
a list of pollutants of concern and the reasons why these pollutants were
chosen.
B.Provide
an estimate of the pollutant load from each of the sources that discharge
the pollutants of concern to the Publicly Owned Treatment Works (POTW).Also,
identify those sources that are not within the ability or authority of
the POTW to control, such as pollutants in the potable water supply, airborne
pollutants, pharmaceuticals, or pesticides and estimate the magnitude of
these sources, to the extent feasible.
II.POLLUTION
PREVENTION ACTIVITIES
A.Provide a description of the POTW’s existing pollution prevention activities.
B.Provide an analysis of the methods that could be used to prevent the discharge of the pollutants of concern to the
POTW, including:
i.The
application of local limits to industrial or commercial dischargers, public
education and outreach, development of partnerships with other agencies
and organizations, and other methods including innovative/alternative ones
to reduce the discharges of the pollutants of concern to the POTW;
ii.An
estimate of load reductions that may be attained through the methods identified
in Part i; and
iii.An analysis, to the extent feasible, of the costs and benefits that would be incurred to implement the pollution prevention methods identified in Part i.
III.IMPLEMENTATION PLAN
A.Provide a statement of the POTW’s pollution prevention goals, including priorities for the short-term (less than two years) and long-term (two to five years) and a description of the POTW’s intended pollution prevention activities for the immediate future.
B.Provide a description of the tasks, cost, and time required to investigate and implement the activities in pollution prevention plan.
C.Provide
a plan for monitoring the results of the pollution prevention activities.
D.Provide an analysis, to the extent feasible, of any adverse environmental impacts including those caused by cross media transfers or substitute chemicals that may result from the implementation of the pollution prevention plan.