STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION--DIVISION OF WATER QUALITY

AUGUST 6, 1997

 

ITEM: 6
SUBJECT: CONSIDERATION OF APPROVAL OF A NUNC PRO TUNC AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE SAN FRANCISCO BAY BASIN (BASIN PLAN)

DIS-

CUSSION:

The most recent Basin Plan amendment adopted by the Regional Water Quality Control Board, San Francisco Bay Basin (SFBRWQCB) in June 1995 included a major revision of the entire Basin Plan that resulted in the first consolidated and updated publication of the Basin Plan since 1986. The Basin Plan was approved by the State Water Resources Control Board (SWRCB) in July 1995, and the Office of Administrative Law (OAL) in November 1995.

Great effort was devoted to making the document accurate, however, a few unintentional drafting errors have been found in the June 1995 amendment. For example, the table listing the Delta's beneficial uses was inadvertently omitted, and a document and several equations were not cited correctly. On April 16, 1997 the SFBRWQCB adopted Resolution No.97-058* to retroactively correct these errors.

The SWRCB staff has reviewed the proposed amendment and concurs with the SFBRWQCB's action.

POLICY

ISSUE:

 Should the SWRCB approve the Nunc Pro Tunc Basin Plan amendment adopted by the SFBRWQCB under Resolution No. 97-058?

FISCAL

IMPACT:

 SWRCB and SFBRWQCB staff work associated with this action can be accommodated within budgeted resources.

RWQCB

IMPACT:

Yes, SFBRWQCB.

STAFF

RECOMMEN-

DATION:

That the SWRCB:

1. Approve the Nunc Pro Tunc Basin Plan amendment adopted by the SFBRWQCB under Resolution No. 97-058.

2. Authorize the SWRCB staff to submit the approved Nunc Pro Tunc Basin Plan amendment to the U.S. Environmental Protection Agency and OAL.

*Note: SFBRWQCB Resolution No. 97-058 is not available electronically. For copies, contact: Phil Zentner/Division of Water Quality/SWRCB/P.O. Box 944213/Sacramento, CA 94244-2130/(916) 657-0912 or FAX (916) 654-8375

DRAFT July 28, 1997

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 97-

APPROVAL OF A NUNC PRO TUNC AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE SAN FRANCISCO BAY BASIN (BASIN PLAN)

 

WHEREAS:


1. The Regional Water Quality Control Board, San Francisco Bay Basin (SFBRWQCB), adopted a revised Water Quality Control Plan (Basin Plan) in June 1995, and the Basin Plan was approved by the State Water Resources Control Board (SWRCB) in July 1995 and the Office of Administrative Law (OAL) in November 1995.
2. On April 16, 1997, the SFBRWQCB adopted Resolution No. 97-058 (Attachment) as a Nunc Pro Tunc amendment correcting the unintentional drafting errors found in the Basin Plan.
3. Section 303(c) of the Federal Clean Water Act requires that water quality standards be reviewed and revised, if appropriate, at least every three years, and Section 13240 of the California Water Code provides that Basin Plans be periodically reviewed and, if appropriate, revised.
4. The SFBRWQCB is not required to file documentation in accordance with the California Environmental Quality Act (CEQA), since Nunc Pro Tunc amendments do not qualify as a project under CEQA (Public Resources Code, Section 21065).
5. The SFBRWQCB Resolution No. 97-058 was adopted in accordance with State laws and regulations.
6. Basin Plan amendments do not become effective until approved by the SWRCB and until regulatory provisions are approved by OAL.


THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approve the Nunc Pro Tunc Basin Plan amendment adopted on April 16, 1997 by the SFBRWQCB under Resolution No. 97-058.
2. Authorize staff to submit the approved Nunc Pro Tunc Basin Plan amendment to OAL.

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 August 21, 1997.

_____________________________________

Maureen Marché

Administrative Assistant to the Board