California Code of Regulations › Title 23 - Waters › Division 4 - Regional Water Quality Control Boards › Chapter 1 - Water Quality Control Plans, Policies, and Guidelines › Article 5 - Central Valley Region › Section 3945.1 - Program for Control of Mercury in Cache Creek, Bear Creek, Sulphur Creek, and Harley Gulch

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The amendment establishes water quality objectives for
					 average methylmercury concentrations of 0.12 and 0.23 milligram per kilogram
					 (mg/kg), wet weight, respectively, in large, trophic level 3 and 4 fish in
					 Cache Creek (Clear Lake to Yolo Bypass), North Fork Cache Creek, and Bear
					 Creek. It also establishes the average methylmercury concentration of 0.05
					 mg/kg, wet weight, in whole, trophic level 2 and 3 fish in Harley Gulch.
The amendment also requires monitoring of fish tissue,
					 water, and sediment to determine compliance with the methylmercury fish tissue
					 objectives and verify implementation of mercury controls.
The amendment adds the commercial and sport fishing (COMM)
					 beneficial use to Cache Creek from Clear Lake to Yolo Bypass and in the
					 following tributaries only: North Fork Cache Creek and Bear Creek.
The amendment establishes the following implementation
					 provisions:
1. Establishes annual
				  average methylmercury (unfiltered) aqueous goals for evaluating achievement of
				  load allocations.
2. Establishes
				  load allocations of methylmercury from nonpoint sources by watershed.
3. Requires 95 percent total mercury load
				  reduction from inactive mines.
4.
				  Requires mine owners to submit cleanup plans for mines and downstream wetlands
				  and complete remedial activities by 2011 and to develop creek sediment cleanup
				  plans thereafter.
5. Requires the
				  U.S. Bureau of Land Management to evaluate engineering options to control
				  erosion at the bottom of Harley Gulch and to clean up the sediment, if feasible
				  projects are identified.
6.
				  Requires that road construction projects or maintenance activities of the
				  California Department of Transportation (Caltrans) comply with Caltrans'
				  statewide Storm Water Management Plan and implement best management practices
				  to control erosion, including pre-project assessments to identify areas with
				  enriched mercury and descriptions of additional management practices that will
				  be implemented in these areas.
7.
				  Requires non-Caltrans road departments to control erosion and submit
				  information describing the management practices that will be implemented to
				  control erosion.
8. Requires
				  landowners and project proponents to control erosion, minimize discharges of
				  mercury and methylmercury, and submit erosion control plans for changes in land
				  use or new projects that are expect to increase mercury or methylmercury
				  discharges.
9. Requires new
				  impoundments, reservoirs, ponds, and wetlands to be constructed and operated to
				  preclude an increase in methylmercury concentrations in Cache Creek, Bear
				  Creek, Harley Gulch, and Sulphur Creek.
10. Requires the California Department of
				  Parks and Recreation to evaluate potential management practices to reduce
				  methylmercury loads from Anderson Marsh.
11. Requires owners of the Wilbur Hot Springs
				  resort to not increase mercury or methylmercury loads.
12. Requires Central Valley Water Board
				  review every five years.
1. New
					 section summarizing amendments to basin plan filed 10-17-2006; amendment
					 approved by State Water Resources Control Board Resolution No. 2006-0054 on
					 7-19-2006; amendments approved by OAL pursuant to Government Code section
					 11353 on
					 10-17-2006 (Register 2006, No. 42)