The California Water Boards' Annual Performance Report - Fiscal Year 2008-09

REGULATE: NPDES WASTEWATER

MEASUREMENTS

WHAT THE MEASURE IS SHOWING

According to the data extracted from the Water Boards’ database, 14% or 36 Major Permits are expired as of June 30, 2009. This contributes to the backlog of permits that must be addressed and may represent a significant workload for FY 09-10. The backlog of expired permits varies among the different Regional Boards.

WHY THIS MEASURE IS IMPORTANT

In order to ensure that discharges to surface waters do not adversely affect the quality and beneficial uses of such waters the NPDES permits must be reviewed and revised to reflect new standards and requirements (such as new TMDLs and other water quality plans and policies adopted) and updates to monitoring and reporting requirements (reflecting previous facility performance and compliance history).  NPDES permits expire five years after issuance and shall be reissued (renewed) every five years or less (40 CFR Part 122.46). Permits may also be revoked or terminated. Typically, permit requirements remain in effect until the permit is reissued. Revising and reissuing permits for major facilities requires a significant amount of time and resources and is considered a good indicator of overall program performance.

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS.  Period July 1, 2008 to June 30, 2009. Extracted on August 15, 2009.
• Unit of Measure: Number of active NPDES permits for Major facilities during FY 08-09.
• Data Definitions: Permits issued during FY 08-09: effective date between July 1, 2008 and June 30, 2009. Permits Current: permits not expired and not issued in FY 08-09. Permits Expired: permits with an expiration date before June 30, 2009.
• References: More information on the Water Boards’ NPDES program is available at: https://www.waterboards.ca.gov/water_issues/programs/npdes/
• Public reports and data are available at: https://www.waterboards.ca.gov/water_issues/programs/ciwqs/publicreports.shtml

GLOSSARY

Major Facility

Major municipal dischargers include all facilities with design flows of greater than one million gallons per day and facilities with approved industrial pretreatment programs. Major industrial facilities are determined based on specific ratings criteria developed by US EPA/State.

National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program (Section 402 of the Clean Water Act) controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. US EPA has approved the Water Board’s program to issue NPDES permits.

NPDES Permit

The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit contains limits on what can be discharged, monitoring and reporting requirements, and other provisions to protect water quality and public health. In essence, the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants.

(Updated 9/20/11)