Exempted Low Threat Discharge Revisions Project
(Project to Update Low Threat Prohibition Table 4.1-1)

Background

Section 13243 of the Water Code gives Regional Boards, in Basin Plans or waste discharge requirements, authority to “specify certain conditions or areas where the discharge of waste, or certain types of waste, will not be permitted.” Regional Boards may take enforcement action for violations of waste discharge prohibitions. The Water Code may also contain waste discharge prohibitions that are applicable in the Lahontan Region. Regionwide and hydrologic unit specific waste discharge prohibitions are listed in Chapters 4 and 5 of the Water Quality Control Plan for the Lahontan Region (Basin Plan).

The Lahontan Water Board can grant exemptions from these waste discharge prohibitions to allow permitted discharges to surface waters. Table 4.1-1 in the Basin Plan includes a suite of low threat discharge categories that are conditionally exempt from waste discharge prohibitions. The Exemption Criteria for Restoration Projects section of Chapter 4.1 contains criteria that allow the Regional Board Executive Officer to grant exemptions to waste discharge prohibitions for restoration projects intended to reduce or mitigate existing sources of soil erosion, water pollution, or impairment of beneficial uses.

Project Description

In 2020, a Nature Based Solutions Executive Order (N-82-20) was issued to “increase the pace and scale of environmental restoration and land management efforts by streamlining the State’s process to approve and facilitate these projects.” In response, the California Natural Resources Agency launched Cutting the Green Tape (CGT), a regulatory strategy to accelerate ecological restoration, conservation, and stewardship by advancing permitting and funding efficiencies across agencies, regulations, policies, and practices. Consistent with the goals of CGT to increase permitting efficiencies for restoration activities, this Basin Plan amendment would revise the exemption process for restoration projects to exempt restoration activities from applicable waste discharge prohibitions. A definition of restoration projects would be added to the Basin Plan to make more explicit which restoration activities qualify for exemption from those prohibitions. This amendment would also expand the project categories in Table 4.1-1 so that additional low threat discharge project types could be exempt from prohibitions in this manner. Lastly, additional clarification would be added to the Exempted Low Threat Discharges section of Basin Plan Chapter 4 to provide clarification on which activities listed in Table 4.1-1 are conditionally exempt from waste discharge prohibitions.

Project Announcements and Documents

• Project announcements and documents will be posted here