STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION--OFFICE OF CHIEF COUNSEL

AUGUST 6, 1997

 

ITEM: 7

SUBJECT: In The Matter Of The Petitions Of Central Delta Water Agency, South Delta Water Agency, And California Farm Bureau Federation For Review Of Waste Discharge Requirements Order No. 95-140 And Resolution No. 95-144 Of The California Regional Water Quality Control Board, Central Valley Region. Swrcb/Occ Files A-977 And 977(A).

DISCUSSION: On April 18, 1996, the State Water Resources Control Board adopted order No. 96-08. That order found that the Central Valley Regional Water Quality Control Board should have prepared an environmental impact report before adopting general waste discharge requirements for the application of sewage sludge on agricultural operations. The order went on to find that the small number of persons who had already obtained permission to use the sewage sludge did not constitute a threat to the environment and permitted them to continue the use of the product.

The Central Delta and South Delta Water Agencies filed suit in Superior Court in Sacramento alleging that allowing a few dischargers to continue using the sewage sludge was inconsistent with the California Environmental Quality Act and was beyond the jurisdiction of the State Water Resources Control Board. After a hearing on the issue before the court, an order was issued that, among other things, required the amendment of Order No. 96-08 to remove the language allowing continued operation.

This order implements the changes in the adopted language that are required by the Superior Court order.

POLICY ISSUE: Should Order No. 96-08 be amended to conform to the changes required by the order of the Superior Court?

FISCAL IMPACT: None. Any impacts to individual farmers are already mandated by Court order.

RWQCB IMPACT: Region 5.

STAFF RECOMMENDATION: Adopt order as proposed.


DRAFT -- 7/28/97

STATE OF CALIFORNIA

STATE WATER RESOURCES CONTROL BOARD

In the Matter of the Petitions of CENTRAL DELTA WATER AGENCY,SOUTH DELTA WATER AGENCY, and CALIFORNIA FARM BUREAU FEDERATION for Review of General Waste Discharge Requirements Order No. 95-140 and Resolution No. 95-144 of the California Regional Water Quality Control Board, Central Valley Region. SWRCB/OCC Files A-977 and A-977(a).

ORDER NO. WQ 97-

 

BY THE BOARD:

In compliance with the Writ of Mandate by the Sacramento County Superior Court in the case of Central Delta Water Agency and South Delta Water Agency v. State Water Resources Control Board et al., Case No. 96CS01366, it is hereby ordered that Order No. WQ 96-08 will be amended to remove certain language found to be invalid by the court. The following modifications will be made to Order No. WQ 96-08:

"In the interim, farmers who have submitted waivers or filed NOIs with the CVRWQCB, on or before April 1, 1996, may continue to submit pre-application reports and may discharge sewage sludge on lands covered by the NOI or an approved waiver. Those who have not submitted an NOI or a waiver request by this date may not discharge under these authorizations until there is CEQA compliance. Case law makes it clear that enjoining activities that have already commenced is discretionary and depends on a balancing of the environmental threat and other factors such as cost. (Laurel Heights Improvement Association of San Francisco, Inc. v. The Regents of the University of California (1988) 47 C.3d 376, 424, 253 Cal.Rptr. 426.) Representations in the record indicate that the magnitude of the environmental threat posed by the few additional operations is unlikely to cause water quality problems and, therefore, is not significant compared to the cost and inconvenience that would be visited upon the individual farmers." (Page 7.)

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of an order duly and regularly adopted at a meeting of the State Water Resources Control Board held on August 21, 1997.

AYE:

NO:

ABSENT:

ABSTAIN:

___________________

Maureen Marché

Administrative Assistant to the Board