California Code of Regulations › Title 23 - Waters › Division 4 - Regional Water Quality Control Boards › Chapter 1 - Water Quality Control Plans, Policies, and Guidelines › Article 9 - San Diego Region › Section 3989.6 - Authorization of Compliance Time Schedules in NPDES Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CONCISE SUMMARY OF REGULATORY
					 PROVISIONS
Resolution R9-2005-0238 -- Resolution Amending the
Water Quality Control Plan for the San Diego Basin (9)
to
					 Incorporate Authorization for Compliance Time Schedules in National Pollutant
					 Discharge Elimination System Requirements.
This amendment to the
Water Quality Control Plan
					 for the San Diego Basin (9)
(Basin Plan) authorizes compliance time
					 schedules in Waste Discharge Requirements that implement National Pollutant
					 Discharge Elimination System (NPDES) regulations and federal Clean Water Act
					 requirements (NPDES requirements) issued by the San Diego Regional Water
					 Quality Control Board (San Diego Water Board).
The language specifies that where the San Diego Water Board
					 determines that it is infeasible for an existing discharger to achieve
					 immediate compliance with new or more stringent water quality based effluent
					 limitations or receiving water limitations that implement new, revised, or
					 newly interpreted water quality objectives after November 9, 2005, and/or that
					 resulted from new knowledge on the characteristics and impacts of the discharge
					 for any pollutant for which a water quality objective was issued, revised, or
					 newly interpreted after July 1, 1977, the San Diego Water Board may establish a
					 compliance time schedule in the discharger's NPDES requirements.
The compliance time schedule shall include a time schedule
					 for completing or achieving specific actions (including interim effluent
					 limitations) that demonstrate reasonable progress toward compliance. The
					 compliance time schedule shall contain a final compliance date, based on the
					 shortest practicable time, required to achieve compliance. In addition, in all
					 cases, the findings of the NPDES requirements shall specify the final effluent
					 limitations.
NPDES requirements may not include a compliance time
					 schedule that extends beyond five years from the date of order issuance,
					 reissuance, or modification. The San Diego Water Board may grant an additional
					 extension of up to five years, but only where the discharger has demonstrated
					 satisfactory progress toward achieving compliance. In no case shall a
					 compliance time schedule for these discharges exceed ten years from the date of
					 adoption, revision, or interpretation of the applicable water quality
					 objective, whichever is the shorter period of time.
To document the need for and justify the duration of any
					 such compliance time schedule, a discharger must submit the following
					 information, at a minimum:
(1) the
				  results of a diligent effort to quantify pollutant levels in the discharge and
				  the sources of the pollutant(s) in the waste stream;
(2) identification of the sources of the
				  pollutant in the waste stream, documentation of source control efforts
				  currently underway or completed, including compliance with any pollution
				  prevention programs that have been established, and a proposed schedule for
				  additional source control measures or waste treatment needed to meet the WQBELs
				  and/or receiving water limitation;
(3) evidence that the current discharge
				  quality is the highest that can reasonably be achieved; and
(4) a demonstration that the proposed
				  schedule is as short as practicable, taking into account economic, technical,
				  and other relevant factors. The need for and justification of the duration of
				  any such compliance time schedule will be subject to San Diego Water Board
				  review and approval.
1. New
					 section summarizing amendments to Basin Plan filed 3-23-2007; amendments
					 adopted by the San Diego Regional Water Quality Control Board 11-9-2005 per
					 Resolution R9-2005-0238. Approved by State Water Resources Control Board
					 Resolution No. 2006-0077 on 10-25-2006; approved by OAL pursuant to Government
					 Code section
					 11353 on
					 3-23-2007 (Register 2007, No. 12).