STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 99 – 114

APPROVAL OF A RESOLUTION ADOPTING THE PLAN FOR CALIFORNIA'S NONPOINT SOURCE POLLUTION
CONTROL PROGRAM (PROGRAM PLAN) AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT THE
PROGRAM PLAN TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION FOR APPROVAL AND TO IMPLEMENT THE PROGRAM PLAN

 

 

WHEREAS:

 

1. The State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCBs) are committed to and are ultimately responsible for nonpoint source (NPS) pollution management to protect and restore water quality in California.

 

2. In February 1987, the federal Clean Water Act (CWA) was amended to include section 319 which required each state to address NPS pollution by: (a) assessing NPS pollution problems and causes within the state; (b) adopting management programs to control the NPS pollution; and (c) implementing the management programs.

 

3. In accordance with the requirements of CWA section 319, on November 15, 1988, the SWRCB adopted and, on January 4, 1990, the U. S. Environmental Protection Agency (USEPA) approved California's Nonpoint Source Management Plan.

 

4. On November 5, 1990, the Coastal Zone Act Reauthorization Amendments (CZARA) were enacted to address concerns with NPS pollution of coastal waters not adequately considered in the Coastal Zone Management Act of 1972.

 

5. Section 6217 of CZARA requires coastal states to develop Coastal Nonpoint Pollution Control Programs (CNPCP) that: (a) identify and adopt management measures to prevent and control NPS pollution; (b) ensure that enforceable mechanisms exist where self-determined efforts are insufficient to restore and protect water quality; (c) enhance cooperation among the states' land and water use agencies; (d) identify land uses which individually or cumulatively may cause or contribute significantly to a degradation of coastal waters; (e) identify “critical coastal areas” and identify and implement additional measures where necessary to achieve and maintain water quality in the such areas; (f) provide technical assistance to local governments and the public to implement the management measures; (g) provide opportunities for public participation in CNPCP development and implementation; and (h) monitor management measure implementation. The CNPCP must be approved by USEPA and the National Oceanic and Atmospheric Administration (NOAA).

 

6. The lead agencies designated for upgrading the State's NPS Program to conform to the requirements of the CWA and CZARA are the SWRCB, the RWQCBs, and the California Coastal Commission (CCC).

 

7. In September 1995, the SWRCB and the CCC submitted to USEPA and NOAA the State's response to the CZARA requirements. In lieu of a separate program for the coastal zone, the SWRCB and the CCC applied the CZARA requirements on a statewide basis.

 

8. In July 1998, USEPA and NOAA issued their findings and conditional approval of the State's submittal. For final approval of the CNPCP, the State was required, consistent with the August 1997 Action Plan, to (a) adopt management measures; (b) identify back-up and enforceable policies and mechanisms for the management measures; and (c) demonstrate the ability for widespread implementation of the management measures.

 

9. The Program Plan is the State's final submittal to satisfy the requirements specified by USEPA and NOAA for CNPCP approval and NPS Program Upgrade. The Program Plan is composed of two volumes -- Volume I: Nonpoint Source Program Strategy and Implementation Plan for 1998-2013 (PROSIP) and Volume II: California Management Measures for Polluted Runoff (CAMMPR) (Attachments 1 and 2, respectively).

 

10. SWRCB and CCC staffs held public workshops to receive comments on the Program Plan, and the Program Plan has been revised to incorporate pertinent comments.

 

 

THEREFORE BE IT RESOLVED THAT:

 

The SWRCB:

 

1. Adopts the Program Plan;

 

2. Authorizes the Executive Director to submit the Program Plan to the USEPA and NOAA for approval;

 

3. Authorizes the Executive Director to execute the Memorandum of Understanding between the SWRCB and CCC;

 

4. Directs the Executive Director in coordination with CCC to request the Secretaries of the California Environmental Protection Agency and Resources Agency to jointly transmit a memorandum directing all departments and boards within their agencies to use their respective authorities to implement the Program Plan; and

 

5. Directs the Executive Director in coordination with CCC to request the Secretaries of the California Environmental Protection Agency and Resources Agency to jointly transmit a memorandum asking the California Department of Transportation, Department of Food and Agriculture, and Department Health Services to use their respective authorities to implement the Program Plan;

 

6. Directs the Executive Director to work with the Executive Officers of each RWQCB and directors of the State agencies to implement the Program Plan; and

 

7. Directs staff to initiate activities described in the Program Plan.

 

 

CERTIFICATION

 

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 December 14, 1999.

 

/s/

Maureen Marché

Administrative Assistant to the Board