California Code of Regulations › Title 23 - Waters › Division 4 - Regional Water Quality Control Boards › Chapter 1 - Water Quality Control Plans, Policies, and Guidelines › Article 4 - Los Angeles Region › Section 3939.3 - Compliance Schedule Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On January 30, 2003 the Los Angeles Regional Water Quality
					 Control Board (Regional Board), adopted Resolution No. 2003-01 amending the
					 Water Quality Control Plan for the Los Angeles Region (Basin Plan). The
					 amendment revised the Basin Plan by incorporating language authorizing the
					 inclusion of compliance schedules in National Pollutant Discharge Elimination
					 System (NPDES) permits. The amendment revised the regulatory provisions of the
					 Basin Plan by adding language to Chapter 3 "Water Quality Objectives" and
					 Chapter 4, "Strategic Planning and Implementation."
The language specifies that where the Regional Board
					 determines that it is infeasible for an existing discharger to achieve
					 immediate compliance with an effluent limitation specified to implement a new,
					 revised or newly interpreted water quality standard, the Regional Board may
					 establish a compliance schedule in the discharger's Waste Discharge
					 Requirements (NPDES permit). In addition, the Regional Board may establish a
					 compliance schedule to implement a total maximum daily load (TMDL) adopted as a
					 single permitting action (i.e., through one NPDES permit). This provision
					 authorizes compliance schedules for standards that are adopted, revised or
					 newly interpreted after the effective date of this amendment. An authorized
					 compliance schedule shall include a time schedule for completing specific
					 actions (including interim effluent limits), final effluent limitations, and a
					 final compliance date, based on the shortest possible time required to achieve
					 compliance.
Except in the case of a TMDL adopted as a single permitting
					 action, the provisions require that compliance shall be achieved no later than
					 five years from the date of permit issuance, reissuance or modification, and no
					 later than ten years after the adoption or interpretation of an applicable
					 standard, whichever is the shorter period of time. In the case of a TMDL
					 adopted as a single permitting action, a compliance schedule of greater than
					 five years from the date of permit issuance, reissuance or modification may be
					 granted, but the compliance schedule must be as short as possible as determined
					 in the TMDL support document, and may only be used when implementing a new,
					 revised or newly interpreted water quality standard.
To document the need for and justify the duration of any
					 such compliance 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) documentation of source control efforts
				  currently underway or completed, including compliance with any pollution
				  prevention programs that have been established;
(3) a proposed schedule for additional source
				  control measures or waste treatment;
(4) the highest discharge quality that can
				  reasonably be achieved until final compliance is attained; and
(5) a demonstration that the proposed
				  schedule is as short as possible, taking into account economic, technical and
				  other relevant factors. The need for additional information and analyses will
				  be determined by the Regional Board on a case-by-case basis.
1. New
					 section summarizing amendments to Water Quality Control Plan for the Los
					 Angeles Region (Basin Plan) filed 8-18-2003; Basin Plan amendment adopted by
					 the Los Angeles Regional Water Quality Control Board 1-30-2003 per Resolution
					 No. 2003-001, approved by OAL and effective per Government Code section
					 11353 on
					 8-18-2003 (Register 2003, No. 34).