SUBJECT

OWN MOTION REVIEW OF THE PETITION OF ENVIRONMENTAL HEALTH COALITION TO REVIEW WASTE DISCHARGE REQUIREMENTS ORDER NO. 96-03, NPDES PERMIT NO. CASO1O8740, ISSUED BY THE SAN DIEGO REGION. SWRCB/OCC FILE A-1041

DISCUSSION

The State Water Resources Control Board (State Water Board) will consider an order that would revise the receiving water limitations language placed in municipal separate storm sewer permits.

POLICY ISSUE

Should the State Water Board revise the receiving water limitation language it adopted in Order WQ 98-01 and instead, adopt the language that the U.S. Environmental Protection Agency used in permits it vetoed and then reissued?

FISCAL IMPACT

None.

RWQCB IMPACT

Regional Water Boards will use the revised receiving water limitation language in future municipal storm water permits.

STAFF RECOMMENDATION

Adopt the draft order.

BY THE BOARD:

In Order WQ 98-01, the State Water Resources Control Board (State Water Board) ordered that certain receiving water limitation language be included in future municipal storm water permits. Following inclusion of that language in permits issued by the San Francisco Bay and San Diego Regional Water Quality Control Boards (Regional Water Boards) for Vallejo and Riverside respectively, the United States Environmental Protection Agency (EPA) objected to the permits. The EPA objection was based on the receiving water limitation language. The EPA has now issued those permits itself and has included receiving water limitation language it deems appropriate.

In light of EPA’s objection to the receiving water limitation language in Order WQ 98-01 and its adoption of alternative language, the State Water Board is revising its instructions regarding receiving water limitation language for municipal storm water permits. It is hereby ordered that Order WQ 98-01 will be amended to remove the receiving water limitation language contained therein and to substitute the EPA language. Based on the reasons stated here, and as a precedent decision, the following receiving water limitation language shall be included in future municipal storm water permits.

RECEVING WATER LIMITATIONS

The permittees shall comply with Discharge Prohibitions [ ] and Receiving Water Limitations [ ] through timely implementation of control measures and other actions to reduce pollutants in the discharges in accordance with the SWMP and other requirements of this permit including any modifications. The SWMP shall be designed to achieve compliance with Receiving Water Limitations [ ]. If exceedance(s) of water quality objectives or water quality standards (collectively, WQS) persist notwithstanding implementation of the SWMP and other requirements of this permit, the permittees shall assure compliance with Discharge Prohibitions [ ] and Receiving Water Limitations [ ] by complying with the following procedure:

a.  Upon a determination by either the permittees or the Regional Water Board that discharges are causing or contributing to an exceedance of an applicable WQS, the permittees shall promptly notify and thereafter submit a report to the Regional Water Board that describes BMPs that are currently being implemented and additional BMPs that will be implemented to prevent or reduce any pollutants that are causing or contributing to the exceedance of WQSs. The report may be incorporated in the annual update to the SWMP unless the Regional Water Board directs an earlier submittal. The report shall include an implementation schedule. The Regional Water Board may require modifications to the report.

b.  Submit any modifications to the report required by the Regional Water Board within 30 days of notification.

c.  Within 30 days following approval of the report described above by the Regional Water Board, the permittees shall revise the SWMP and monitoring program to incorporate the approved modified BMPs that have been and will be implemented, implementation schedule, and any additional monitoring required.

d.  Implement the revised SWMP and monitoring program in accordance with the approved schedule.

So long as the permittees have complied with the procedures set forth above and are implementing the revised SWMP, the permittees do not have to repeat the same procedure for continuing or recurring exceedances of the same receiving water limitations unless directed by the Regional Water Board to develop additional BMPs.

IT IS ORDERED that Order WQ 98-01 is revised as discussed above.

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 June 17, 1999.

AYE:

NO:

ABSENT:

ABSTAIN:

Maureen Marché
Administrative Assistant to the Board