1. Home
2. about us

About Regional Water Quality Control Boards

It is the policy of the State of California, as set forth by the Legislature in Porter-Cologne (Section 13000 of the CWC) that the quality of all the waters of the State shall be protected, that all activities and factors affecting the quality of water shall be regulated to attain the highest water quality within reason, and that the State must be prepared to exercise its full power and jurisdiction to protect the quality of water in the State from degradation.

SWRCB and RWQCB Organization and Function

SWRCB is composed of five members and the RWQCBs have nine members each. The members are appointed by the governor and are subject to approval by the State senate. SWRCB and RWQCB members represent specific resource protection and management expertise. In addition to a member of the public, SWRCB members include an attorney qualified in the fields of water supply and water rights, a registered professional engineer qualified in the field of water quality related to irrigated agriculture, another registered professional engineer and a member qualified in the field of water quality. RWQCB members represent the fields of water supply, irrigated agriculture, industrial water use, municipal government, county government, a nongovernmental organization associated with recreation, fish or wildlife, and two members with water quality competence.

The SWRCB and the RWQCBs have primary responsibility for managing water quality in California. The SWRCB provides program guidance and oversight, allocates funds, and reviews RWQCB decisions. The RWQCBs have responsibility for individual permitting, inspection, and enforcement actions within each of nine hydrologic regions.

The RWQCBs regulate discharges under Porter-Cologne primarily through issuance of waste discharge requirements (waste discharge requirements). Anyone discharging or proposing to discharge materials that could affect water quality (other than to a community sewer system) must file a report of waste discharge. The SWRCB and the RWQCBs can make their own investigations or may require dischargers to carry out water quality investigations and report on water quality issues even if that agency is not a discharger. Porter-Cologne provides several options for enforcement of waste discharge requirements and other orders, including cease and desist orders, cleanup and abatement orders, administrative civil liability orders, civil court actions, and criminal prosecutions. The SWRCB also combines the water rights and the water pollution control functions of State government and considers water quality and the availability of unappropriated water whenever rights to water use are granted or waste discharge controls are established.

Porter-Cologne also incorporates many provisions of the federal Clean Water Act (CWA) such as delegation to the SWRCB and RWQCBs of the National Pollutant Discharge Elimination System (NPDES) permitting program. Section 401 of the CWA gives the SWRCB the authority to review any proposed federally-permitted or federally-licensed activity which may impact water quality, and to certify, condition, or deny the activity to comply with State water quality standards. If the SWRCB imposes a condition on its certification, those conditions must be included in the federal permit or license.

The California Environmental Quality Act (CEQA)

California is also one of 20 states with an environmental impact assessment law modeled after the National Environmental Policy Act. The SWRCB, RWQCBs and all government agencies must comply with CEQA. CEQA applies to discretionary activities proposed to be carried out by government agencies, including approval of permits and other entitlements. CEQA has six objectives, 1) to disclose to decision makers and the public the significant environmental effects of proposed activities; 2) to identify ways to avoid or reduce environmental damage; 3) to prevent environmental damage by requiring implementation of feasible alternatives or mitigation measures; 4) to disclose to the public reasons for agency approvals of projects with significant environmental effects; 5) To foster interagency coordination; and 6) to enhance public participation.

CEQA sets forth procedural requirements to ensure that the objectives are accomplished, and also contains substantive provisions requiring agencies to avoid or mitigate, when feasible, impacts disclosed in an Environmental Impact Report. In addition, CEQA sets forth a series of sweeping policy statements encouraging environmental protection. These policies have led the courts to interpret CEQA "so as to afford the fullest protection of the environment within the reasonable scope of the statutory language." Friends of Mammoth v. Board of Supervisors (1972) 8 Cal. 3d 247.

Water Quality Control Plans

Porter-Cologne requires adoption of Water Quality Control Plans which contain the guiding policies of water pollution management in California. There are a number of statewide water quality control plans adopted by the SWRCB; and regional water quality control plans, commonly referred to as Basin Plans have been adopted by each of the RWQCBs.

All water quality control plans identify the existing and potential beneficial uses of waters of the State and establish water quality objectives to protect these uses. They also contain an implementation, surveillance and monitoring plan. Water Quality Control Plans include enforceable prohibitions against certain types of discharges. Most water quality control planning is done by RWQCBs and is subject to SWRCB approval. Portions of water quality control plans are also subject to review by the U.S. EPA. When approved by the U.S. EPA, the water quality objectives and beneficial use designations become water quality standards under the federal CWA. In most cases, water quality objectives contained in a water quality control plan are not directly enforceable unless implemented through waste discharge requirements or a water right permit.

Statewide plans include the Enclosed Bays and Estuaries Plan, the Ocean Plan, the San Francisco Bay and Delta Plan, and the Inland Surface Waters Plan. There are also a number of Statewide SWRCB policies. These include the Policy With Respect To Maintaining High Quality of Waters in California (SWRCB Resolution No. 68-16), State Policy for Water Quality Control, Policy and Action Plan for Water Reclamation in California, Policy on the Disposal of Shredder Waste (Resolution No. 87-22), and the Water Quality Control Policy on the Use and Disposal of Powerplant Cooling Water, SWRCB Resolution No. 75-58). RWQCBs also adopt policies which cover subjects such as onsite disposal systems, erosion control, reclamation, dairy waste management and dredging.

Basin Plans have been adopted for each of the nine regions of California. The regions are delineated on the map at the top of this page. The nine regions may be identified by numerals and include: