ITEM: 6

SUBJECT: CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE LOS ANGELES REGION REVISING BENEFICIAL USE DESIGNATIONS FOR SELECTED SURFACE AND GROUND WATER BODIES

DISCUSSION: The Water Quality Control Plan for the Los Angeles Region (Basin Plan) was adopted by the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB), on June 13, 1994, and approved by the State Water Resources Control Board (SWRCB) on November 17, 1994 and by the Office of Administrative Law (OAL) on February 23, 1995. On November 2, 1998, the LARWQCB adopted Resolution No. 98-18 (RB 98-18) (Attachment 1) amending the Basin Plan by: (1) removing the municipal and domestic supply (MUN) beneficial use designation from eight [8] surface water bodies and two [2] specifically defined areas of one [1] ground water basin, (2) assigning additional beneficial use designations to three [3] surface water bodies, and (3) removing the cold water freshwater habitat (COLD) beneficial use designation from portions of three [3] surface water bodies.

In 1988, the SWRCB adopted Resolution No. 88-63 (SB 88-63), the Sources of Drinking Water Policy. SB 88-63 considered all surface and ground waters to be suitable, or potentially suitable, for municipal or domestic water supply and that they should be so designated by the Regional Water Quality Control Boards (Regional Boards). Criteria were provided in SB 88-63 which could be used by the Regional Boards to exempt water bodies through the Basin Plan amendment process. These criteria included: (1) surface and ground waters with greater than 3,000 milligrams per liter (mg/l) of total dissolved solids (TDS); (2) surface and ground waters which cannot be reasonably treated for domestic use; (3) ground water sources with yields below 200 gallons per day; (4) surface water in systems designed or modified to convey wastewaters and/or runoff; and (5) ground waters regulated as geothermal sources. In 1989, the LARWQCB adopted Resolution No. 89-03 (RB 89-03), incorporating the provisions of SB 88-63 into the Basin Plan. The result of RB 89-03 was to designate all previously undesignated inland surface waters as at least potential sources of municipal or domestic drinking water. All ground waters in the Los Angeles Region had already been designated MUN.

As part of the 1994 Basin Plan update, several groups of dischargers were concerned with MUN designations resulting from RB 89-03. Specifically, the dischargers felt that some water bodies designated as potential MUN would never be used for that purpose. Meeting with interested parties in 1997, LARWQCB staff developed criteria for MUN dedesignation for surface water bodies consistent with that required in SB 88-63 and 40 Code of Federal Regulations (CFR) Section 131. The primary criterion for dedesignating surface water bodies was that they must have been hydrologically modified (e.g. concrete lined) for flood control prior to 1975. The rationale being that the function of flood control modifications was to move runoff to the ocean as quickly as possible, resulting in no current, reasonable potential for water conservation. The second criterion was that the concrete lining be continuous from the upstream point of dedesignation to the estuary outlet so that the potential for interaction with ground water resources was minimal.

Applying the MUN dedesignation criteria for flood control channels, the MUN designation was removed from a portion of eight (8) surface water bodies extending from their respective estuaries to a point upstream where the continuity of the flood control channel ceased. These surface water bodies are: (1) Ballona Creek, (2) Sepulveda Channel, (3) Centinela Creek, (4) Dominguez Channel, (5) Los Cerritos Channel, (6) Lower San Gabriel River, (7) Coyote Creek, and (8) the Oxnard Drain (see Attachment 2).

Centinela Creek, the Oxnard Industrial Drain, and the Sepulveda Channel were not originally listed in the Basin Plan (Table 2-1 Beneficial Uses of Inland Surface Waters). In addition to deleting the MUN designation for these surface water bodies, beneficial use designations were added based on support of downstream uses and/or field observation. Based on typographical errors in the 1994 Basin Plan update, the Cold Freshwater Habitat (COLD) beneficial use designation was removed from portions of the Arroyo Las Posas and Calleguas Creek. The changes in beneficial use designations for these surface water bodies are summarized in Attachment 3.

The MUN designation was also removed from two (2) areas in the Los Angeles Coastal Plain (West Coast Basin) ground water basin (see Attachment 2). The areas dedesignated are seaward of injection barriers established to prevent further sea water intrusion. As a result of these barriers, production of ground water seaward of the barrier is discouraged. Furthermore, for the West Basin Barrier (where reclaimed water is injected into the aquifer), the California Department of Health Services prohibits drinking water supply wells within 2,000 feet of the barrier. MUN dedesignation requires compliance only with one of the exemptions specified in SB 88-63. These areas have historically had TDS concentrations in excess of 3,000 mg/l and are not reasonably expected to supply a public water supply system, thereby meeting the criteria established in SB 88-63.

POLICY ISSUE: Should the SWRCB:

1. Approve LARWQCB Resolution No. 98-18 amending the Water Quality Control Plan for the Los Angeles Region.

2. Authorize staff to submit the regulatory provisions of LARWQCB Resolution 98-18 to OAL for approval.

3. Authorize staff to submit the surface water portions of LARWQCB Resolution No. 98-18 to the U. S. Environmental Protection Agency (USEPA) for approval.

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

RWQCBIMPACT: Yes, LARWQCB.

STAFF RECOMMENDATION: That the SWRCB:

1. Approves LARWQCB Resolution 98-18 amending the Water Quality Control Plan for the Los Angeles Region.

2. Authorizes staff to submit the regulatory provisions of LARWQCB Resolution No. 98-18 to OAL for approval.

3. Authorizes staff to submit the surface water portions of LARWQCB Resolution No. 98-18 to USEPA for approval.

NOTE: Attachments not electronically available. For a copy contact: Steve Fagundes (916) 657-0914

WHEREAS:

1. In 1989, the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB), adopted Resolution No. 89-03 (RB 89-03) which amended the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by designating all previously undesignated inland surface waters in the Los Angeles Region as existing or potential sources of municipal or domestic water supply (MUN) in accordance with State Water Resources Control Board (SWRCB) Resolution No. 88-63 (SB 88-63).

2. On November 2, 1998, the LARWQCB adopted Resolution No. 98-18 (Attachment 1) amending the Basin Plan by: (a) removing the municipal and domestic supply (MUN) beneficial use designation from eight [8] surface water bodies and two [2] specifically defined areas of one [1] ground water basin; (b) assigning additional beneficial use designations to three [3] surface water bodies; and (c) removing the cold water freshwater habitat (COLD) beneficial use designation from portions of three [3] surface water bodies.

3. Dedesignation of the MUN beneficial use for a surface water body requires compliance with the exemption criteria specified in SB 88-63 and 40 Code of Federal Regulations (CFR) Section 131, while dedesignation of the MUN beneficial use from a ground water body requires compliance only with the exemption criteria specified in SB 88-63.

4. The LARWQCB developed and applied criteria for the dedesignation of the MUN beneficial use for surface water bodies. These criteria were that the surface water body must: (a) be a surface water channel paved before 1975 for flood control purposes with a concrete lining that is continuous from a designated upstream point to an estuary outlet; (b) have no risk of interaction with underlying ground water resources, and (c) meet the exemption criteria in SB 88-63 for channelized surface waters.

5. The SWRCB finds that the development and application of the criteria for dedesignation of the MUN beneficial use for surface waters are in compliance with the requirements specified in 40 CFR Section 131, and SB 88-63.

6. The SWRCB finds that the dedesignation of the MUN beneficial use for two specified areas of the of the Los Angeles Coastal Plain (West Coast Basin) is in compliance with exemption criteria specified in SB 88-63.

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

8. The SWRCB will work with the California Department of Fish and Game to ensure that threatened or endangered species are protected, pursuant to Fish and Game Code Section 2055.

9. A Basin Plan amendment does not become effective until approved by the SWRCB and until the regulatory provisions are approved by the Office of Administrative Law (OAL).

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves LARWQCB Resolution No. 98-18 amending the Water Quality Control Plan for the Los Angeles Region.

2. Authorizes staff to submit the regulatory provisions of LARWQCB Resolution No. 98-18 to OAL for approval.

3. Authorizes staff to submit the surface water portions of LARWQCB Resolution No. 98-18 to USEPA 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 January 21, 1999.

_____________________________________

Maureen Marché

Administrative Assistant to the Board