ITEM: 13

SUBJECT: CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE SANTA ANA RIVER BASIN REVISING BACTERIAL WATER QUALITY OBJECTIVES FOR OCEAN WATERS

DISCUSSION: The Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) was adopted by the California Regional Water Quality Control Board, Santa Ana Region (SARWQCB) on March 11, 1994, and approved by the State Water Resources Control Board (SWRCB) on July 21, 1994, and by the Office of Administrative Law (OAL) on January 24, 1995. On April 18, 1997, the SARWQCB adopted Resolution No. 97-20 (Attachment 1) amending the Basin Plan by deleting ocean water bacterial objectives for water contact recreation and shellfish harvesting and relying on the objectives contained in the Water Quality Control Plan for Ocean Waters of California (Ocean Plan), adopted by the SWRCB in 1990.

The bacterial objectives contained in the Basin Plan to specifically protect water contact recreation and shellfish harvesting beneficial uses were originally adopted in the 1983 Basin Plan and carried over unchanged into the current 1995 Basin Plan. These objectives were based on the bacterial water quality objectives contained in the 1978 Ocean Plan, which was in effect at the time the 1983 Basin Plan was adopted. The most recent update of the Ocean Plan was approved by the SWRCB in 1990 and contains bacterial water quality objectives that are inconsistent with those in the 1995 Basin Plan. These differences confound the development of appropriate and reasonable bacterial limitations in waste discharge requirements. A comparison of the bacterial water quality objectives in the 1995 Basin Plan and the 1990 Ocean Plan is provided in Attachment 2.

The history of the Basin Plan bacterial objectives indicates that it has never been the SARWQCB's intent to be more restrictive than the Ocean Plan with respect to the application of bacterial standards. Furthermore, there is no scientific evidence to support the contention that the bacterial objectives contained in the Basin Plan are any more restrictive than those contained in the Ocean Plan. As such, relying on the bacterial standards contained in the Ocean Plan will comply with the requirements of SWRCB Resolution 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California).

Amending the Basin Plan by deleting the bacterial objectives for ocean waters and relying solely, by reference, on the Ocean Plan would: (1) protect water quality and continue to assure the reasonable protection of beneficial uses, (2) allow for the development of appropriate and reasonable bacterial limitations in waste discharge requirements, and (3) ensure that any subsequent changes to the water quality objectives are based on a thorough consideration of the best available scientific information concerning the protection of public health.

POLICY ISSUE: Should the SWRCB approve SARWQCB Resolution No. 97-20 amending the Water Quality Control Plan for the Santa Ana River Basin?

FISCAL IMPACT: SARWQCB and SWRCB staff work associated with, or resulting from this action, can be accommodated within budgeted resources.

RWQCB IMPACT: Yes SARWQCB.

STAFF RECOMMENDATION: That the SWRCB:

1. Approve SARWQCB Resolution No. 97-20 amending the Water Quality Control Plan for the Santa Ama River Basin.

2. Authorize staff to forward regulatory provisions pertaining to the enforcement of effluent limitations to OAL and the entire amendment to the U.S. Environmental Protection Agency for approval.

Note: SARWQCB Resolution No. 97-20 is not available electronically. For copies, contact: Steve Fagundes, Division of Water Quality, SWRCB, P. O. Box 944213, Sacramento, CA 94244-2130 -- (916) 657-0914 or FAX (916) 654-8375

June 23, 1997 DRAFT

WHEREAS:

1. The California Regional Water Quality Control Board, Santa Ana Region (SARWQCB), adopted a revised Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) on March 11, 1994.

2. On April 18, 1997, following a public hearing, the SARWQCB adopted Resolution No. 97-20 (Attachment 1) which amended the Basin Plan by deleting bacterial objectives for ocean waters and relying on the objectives contained in the Water Quality Control Plan for Ocean Waters of California (Ocean Plan), adopted by the State Water Resources Control Board (SWRCB) in 1990.

3. The SWRCB finds that the proposed amendment complies with requirements of SWRCB Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California).

4. Section 13240 of the Water Code specifies that basin plans be periodically reviewed and, if appropriate, revised.

5. The SARWQCB staff prepared documents and followed procedures satisfying environmental documentation requirements in accordance with the California Environmental Quality Act and other State laws and regulations.

6. This Basin Plan amendment does not become effective until approved by the SWRCB and the U.S. Environmental Protection Agency (U.S. EPA) and until the regulatory provisions are approved by the Office of Administrative Law (OAL).

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves SARWQCB Resolution No. 97-20 amending the Water Quality Control Plan for the Santa Ana River Basin.

2. Authorizes staff to forward regulatory provisions to OAL and the entire amendment to U.S. EPA for approval.

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 July 17, 1997.

_____________________________________

Maureen Marché

Administrative Assistant to the Board