Site Assessment & Cleanup

  Key Regulations and Policy Documents

To request a copy of documents listed on this page, please contact Chris Flower at Chris.Flower@waterboards.ca.gov

The Regional Board’s legal authority for regulation of site cleanup is found in Division 7 of the California Water Code, State Water Resources Control Board (State Board) policies, and the Water Quality Control Plan for the Sacramento and San Joaquin Basins and the Water Quality Control Plan for the Tulare Lake Basin (Basin Plans). Below you will find general descriptions and links to the most widely applicable regulations and policy documents used in site cleanup.

Basin Plans - are designed to preserve and enhance water quality and protect the beneficial uses of all regional waters.

Specifically, Basin Plans designate beneficial uses for surface and ground waters, set narrative and numerical objectives that must be attained or maintained to protect the designated beneficial uses and conform to the state’s Antidegradation Policy, and describe implementation programs to protect all waters in the Region. In addition, Basin Plans incorporate by reference all applicable State and Regional Board plans and policies and other pertinent water quality policies and regulations.

One component of the Basin Plans establishes numerical and narrative water quality objectives for surface water and groundwater. These objectives are used in the process of determining appropriate site-specific cleanup levels. The Basin Plans also incorporate various resolutions that apply to the site cleanup process.

State Water Resources Control Board Resolution No. 92-49 - Policies and Procedures for the Investigation and Cleanup and Abatement of Discharges Under Section 13304

Resolution No. 92-49 was adopted at a meeting of the State Water Resources Control Board held on June 18, 1992, and amended at meetings of the State Water Resources Control Board held on April 21, 1994, and October 2, 1996. Resolution No. 92-49 describes the policies and procedures for investigation and cleanup and abatement of discharges explained in California Water Code Section 13304. The resolution also provides detailed information on when the establishment of a containment zone is appropriate and consistent with the maximum benefit to the people of the State.

This resolution contains policies and procedures for Regional Water Boards to follow for the oversight and regulation of investigations and cleanup and abatement activities from all types of discharge or threat of discharge subject to Section 13304 of the Water Code. It directs Regional Water Boards to ensure that dischargers are required to cleanup and to abate the effect of discharges. This cleanup and abatement shall be done in a manner that promotes attainment of background water quality, or the highest water quality which is reasonable if background levels of water quality cannot be restored. Any cleanup less stringent than background water quality shall be consistent with maximum benefit to the people of the state. Resolution No. 92-49 also provides the requirements of establishing and maintaining a site's containment zone.

State Water Resources Control Board Resolution No. 68-16 - Statement of Policy Regarding Maintaining High Quality of Water in California (also known as the Antidegradation Policy)

Resolution No. 68-16 protects water bodies where existing water quality is higher than necessary for the protection of beneficial uses. Under the Antidegradation Policy, any actions that can adversely affect water quality in all surface and ground waters must (1) be consistent with maximum benefit to the people of the State, (2) not unreasonably affect present and anticipated beneficial use of the water, and (3) not result in water quality less than that prescribed in water quality plans and policies.

It establishes criteria the Regional Water Board must satisfy before allowing discharges that may reduce water quality of surface or ground waters even though such a reduction will still protect beneficial uses. Changes in water quality may be allowed only if the change is consistent with maximum benefit to the people of the State, does not unreasonably affect present and anticipated beneficial uses, and does not result in water quality less than that prescribed in water quality control plans and policies. U. S. EPA water quality standards regulations require each state to adopt an “antidegradation” policy and specify the minimum requirements for it {40 CFR 131.12}.

State Water Resources Control Board Resolution No. 88-63 - “Sources of Drinking Water Policy”

This policy, adopted on 19 May 1988, specifies that, except under specifically defined exceptions, all surface and ground waters are suitable or potentially suitable for Municipal and Domestic Supply (MUN). The specific exceptions are for waters with existing high total dissolved solids concentrations (greater than 3,000 mg/l), aquifers with low sustainable yield (less than 200 gallons per day for a single well), water with contamination that cannot be treated for domestic use using best management practices or best economically achievable treatment practices, waters within particular municipal, industrial and agricultural wastewater conveyance and holding facilities, and regulated geothermal ground waters. Where the Regional Water Board finds that one of the exceptions applies, it may remove the MUN designation for the particular water body through a formal Basin Plan amendment which includes a public hearing. The exception becomes effective upon approval by the State Water Board and the Office of Administrative Law.

Order No. R5-2015-0012 - General Order for In-Situ Groundwater Remediation and Discharge of Treated Groundwater to Land

This General Order is used for cleanup projects that propose in-situ remediation of groundwater and/or discharge of extracted and treated groundwater to land. The in-situ cleanup can be for soils and/or groundwater where the process could adversely impact groundwater quality. The proponent submits a Notice of Intent to be covered and receives a Notice of Applicability containing limitations and monitoring requirements to protect water quality from certain aspects of the remedy. The same holds true for projects that will extract and treat groundwater with discharge of the treated groundwater to land. For discharge of treated groundwater to surface water see General Order No. R5-2022-0006.

Order No. R5-2022-0006, NPDES Permit No. CAG995002 - General Waste Discharge Requirements/NPDES Permit for Limited Threat Discharges

As above for the General Order for In-Situ Groundwater Remediation and Discharge of Treated Groundwater to Land, this permit covers the discharge of treated groundwater to surface waters. The discharge must meet the conditions of the General Order, otherwise a site-specific order will be needed.

Low Threat Closure Policy

In August 2014 the State Water Resources Control Board issued a Policy governing the evaluation and closure of petroleum sites polluted by petroleum products. Under this Policy, a site contaminated with petroleum products that has been fully characterized and which meets prescribed conditions as defined in the policy document can be closed while leaving petroleum pollution in place. The Site Cleanup Program uses this Policy to evaluate petroleum releases at Department of Defense, public, and private facilities throughout our region in accordance with the Low Threat Closure Policy and will close those sites where appropriate. The Policy does not apply to non-petroleum contamination. However, cleanup staff use some of the concepts of the Policy in assessing the contamination.

Final Draft Supplemental Vapor Intrusion Guidance

The Final Draft Supplemental VI Guidance is a tool to help practitioners and regulators evaluate buildings that may be prone to vapor intrusion from underlying or nearby contamination and assess potential health risks for building occupants.  The Supplemental VI Guidance describes a four-step approach for screening buildings and assessing health risks early in the investigation process.  The Supplemental VI Guidance supplements existing Department of Toxic Substances Control (DTSC) and Water Board guidance and is intended to promote Statewide consistency in site investigation and cleanup.  This Supplemental VI Guidance does not apply to leaking petroleum underground storage tanks governed under State Water Resources Control Board's Low-Threat Underground Storage Tank Case Closure Policy. Additional information regarding vapor intrusion or the Final Draft Supplemental Vapor Intrusion Guidance can be found at the State Water Resource Control Board's Vapor Intrusion site:
Vapor Intrusion | California State Water Resources Control Board
Or at the Department of Toxic Substances Control Vapor Intrusion site:
Vapor Intrusion | Department of Toxic Substances Control (ca.gov)

 

Central Valley Regional Water Board Resolution No 98-240 - Confirming Application of Resolution No. 92-49 and the Basin Plan as Requirements for Groundwater and Soil Cleanups at McClellan Air Force Base

Not only does this Board Resolution identify and confirm State Applicable or Relevant and Appropriate Requirements (ARARs) at McClellan Air Force Base, but for all CERCLA (Superfund) sites.

A Compilation of Water Quality Goals

A compilation of relevant toxicity criteria for pollutants that is used in developing cleanup and discharge values for those pollutants in groundwater or surface water.