California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 22 - State Policy for Water Quality Control › Section 2915 - Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On May 20, 2004, the State Water Resources Control Board
				  (SWRCB) adopted Resolution No 2004-0030, adopting the
Policy for the
				  Implementation and Enforcement of the Nonpoint Source Pollution Control
				  Program
(NPS Implementation Policy) in accordance with California
				  Water Code section
				  13369.
A nonpoint source (NPS) pollution control implementation
				  program is a program developed to comply with SWRCB or RWQCB waste discharge
				  requirements (WDRs), waivers of WDRs, or basin plan prohibitions. The policy
				  provides a framework for developing NPS pollution control programs throughout
				  the state. NPS pollution control programs may be developed by the SWRCB, a
				  RWQCB or a third-party entity. The policy defines "third-party entities" as
				  entities that are not actual dischargers under RWQCB/SWRCB permitting
				  authority.
All NPS pollution control programs endorsed or approved by a
				  RWQCB as sufficient to meet RWQCB obligations to protect water quality are
				  required, at a minimum, to meet the requirements of the following key elements,
				  thus providing consistent program requirements throughout the state.
1. A NPS control implementation program's
				purpose must be explicitly stated, and must be designed to achieve and maintain
				water quality objectives and beneficial uses, including any applicable
				antidegradation requirements.
2.
				The NPS program shall include a description of the management practices to be
				implemented and the process to ensure and verify proper
				implementation.
3. Where a RWQCB
				determines time is necessary to achieve water quality requirements, a time
				schedule and corresponding quantifiable milestones to measure progress are
				required.
4. Feedback mechanisms
				must be included in the implementation program so that the RWQCB, dischargers
				and the public can determine whether the program is achieving its stated
				purpose(s), or if additional or other actions are required.
5. In addition, each RWQCB shall make clear,
				in advance, the potential consequences for failure to achieve a program's
				stated purposes and make clear that any enforcement action that needs to be
				taken will be taken against individual dischargers, not the third parties.
Investigation, identification, and enforcement of NPS
				  discharger noncompliance with State water quality control laws, regulations,
				  policies and plans shall be consistent with the requirements of the State Water
				  Resources Control Board
Water Quality Enforcement Policy
(Title 23, California Code of Regulations section
				  2910).
1. New section
				  summarizing "Policy for Implementation and Enforcement of the Nonpoint Source
				  Pollution Control Program," Resolution No. 2004-0030 adopted 5-20-2004 by the
				  State Water Resources Control Board; approved by OAL and effective 8-26-2004
				  pursuant to Government Code section
				  11353;
				  filed 8-26-2004 (Register 2004, No. 35).