CHAPTER 4: IMPLEMENTATION PLANS

INTRODUCTION

The San Francisco Bay Regional Water Quality Control Board (Water Board)'s overall mission is to protect the beneficial uses supported by the quality of the San Francisco Bay Region (Region)'s surface water and groundwater. Together, the beneficial uses described in detail in Chapter 2 define the resources, services, and qualities of aquatic ecosystems that are the ultimate goals of protecting and achieving water quality. The objectives presented in Chapter 3 present a framework for determining whether water quality is indeed supporting these beneficial uses. This chapter describes in detail the Water Board's regulatory programs and specific plans of action for meeting water quality objectives and protecting beneficial uses.

The descriptions of specific actions to be taken by local public entities and industries to comply with the policies and objectives of this Water Quality Control Plan (Basin Plan) are intended for the guidance of local officials. The Water Board will consider any proposed alternative actions that are consistent with and achieve the policies and objectives of the Basin Plan.

This chapter describes the watershed management conceptual framework for water quality control in the Region and presents each of the individual regulatory programs that form part of this comprehensive approach. These programs are organized into general categories, including surface water protection and management, groundwater protection and management, wetland protection and management, and emerging program areas. Taken together, these programs constitute an integrated, comprehensive water quality control program that is protective, efficient, and flexible.

4.1 THE WATERSHED MANAGEMENT APPROACH

In 1995, the Water Board initiated a watershed management approach to regulating water quality, expanding its primary focus from point sources of pollution to include more diffuse sources such as urban and agricultural runoff. A five-year statewide Strategic Plan, initiated in 1995 and last updated in 2001, guides the water resource protection efforts of the State and Regional Water Boards. A key component of the Strategic Plan is the Watershed Management Initiative (WMI), which promotes a watershed management approach for water quality protection as discussed in Chapter 1.

The WMI is designed to integrate various surface water and groundwater regulatory programs while promoting cooperative, collaborative efforts within a watershed that are designed to improve water quality and protect the beneficial uses of the watershed’s water bodies. The WMI is also designed to focus limited funding and resources on the highest priority water quality issues identified by the Water Board in consultation with local stakeholders. The Water Board’s strategy for the WMI is contained in the report titled, “San Francisco Bay Regional Water Quality Control Board Watershed Management Initiative, Integrated Plan Chapter.” This report is a regularly updated planning tool for identifying priorities to be funded by existing resources, as well as priority tasks that are currently not funded. For each update, activities are planned over the next one to two years, and in some cases, over the next five years. The report also contains descriptions of regional and watershed strategies, discusses how the Water Board is structured to implement the WMI, and how the Water Board is implementing a priority-setting process. The WMI builds upon the progress made to date by the Water Board’s efforts, combined with local watershed efforts led by other entities, and it also identifies tasks to be accomplished to fully implement the WMI. Examples of local implementation of the WMI are included in Section 4.1.3 Watershed Management in Countywide Programs and Individual Watersheds.

To implement the WMI in the Region, there are three levels of watershed management: 1) region-wide, 2) countywide, and 3) in sub-watersheds. This watershed management process is flexible and recognizes the existing institutional structures that can implement watershed management to protect water quality.

Some water quality issues are managed at the region-wide level. For example, the Water Board's water quality control program focuses in part on managing the influx of toxic pollutants to the Estuary's aquatic system, described in Section 4.1.2 Toxic Pollutant Management in the San Francisco Estuary System. The goal of this program element is to limit the total amount of pollutants in the entire system to ensure protection of beneficial uses. In cases where evidence suggests beneficial uses are not protected due to specific pollutants in the system, the program described in Section 4.1.1 Water Quality Attainment Strategies Including Total Maximum Daily Loads is initiated.

Other water quality issues are managed at the countywide level. The Region includes portions of nine counties, which all include shoreline on the Bay, permitted discharges to the Bay, and watershed drainage to the Bay. These institutions are therefore well suited to organize and/or participate in a watershed management approach at the countywide level, forming stakeholder groups that include municipalities, other organizations, and members of the public. Examples are discussed in Section 4.1.3 Watershed Management in Countywide Programs and Individual Watersheds. For example, several urban runoff management programs are organized at this countywide level.

Sub-watershed level watershed management occurs within the county-wide framework, as a result of priority setting that is strongly influenced by local input.

4.1.1 WATER QUALITY ATTAINMENT STRATEGIES INCLUDING TOTAL MAXIMUM DAILY LOADS

The Water Board intends to establish Water Quality Attainment Strategies (WQAS) including Total Maximum Daily Loads (TMDLs) where necessary and appropriate to ensure attainment and maintenance of water quality standards. WQAS and TMDLs for the Region are described in Chapter 7. Section 303(d) of the federal Clean Water Act requires states to identify water bodies that are not attaining water quality standards, and to establish TMDLs for pollutants causing the impairment (non-attainment of water quality standards) of listed water bodies. As such, TMDLs are the pollutant load levels necessary to attain the applicable water quality standards. A complete TMDL refers to the process and elements associated with establishing a TMDL that include, but are not limited to, problem statement, numeric target(s), source analysis, linkage analysis, wasteload and load allocations, implementation plan, and monitoring plan.

WQAS are development and implementation actions associated with implementing (attaining) water quality standards. Complete TMDLs are WQAS, but WQAS are not limited to 303(d)-list pollutants. For example, they may be developed for pollutants for which threat of impairment provides cause for pollution prevention actions and related activities. WQAS may contain, but not necessarily include, all or some of the complete TMDL elements.

The Water Board will establish WQAS including TMDLs at the level (the Estuary, smaller segments within the Estuary, or individual watersheds) deemed most appropriate in terms of effectiveness and efficiency relative to the applicable water quality standard, types and locations of pollutant sources, and type and scale of implementation actions.

4.1.2 TOXIC POLLUTANT MANAGEMENT IN THE ESTUARY

The Water Board's water quality programs began decades ago with a focus on controlling the discharge of point sources of pollution such as municipal sewage and industrial wastewater. Since then, highly effective waste treatment systems have been built, essentially eliminating what had been major water quality problems associated with high nutrient and organic loading. In addition, the overall influx of toxic pollutants from point sources has significantly declined as a result of these efforts. Still, certain toxic pollutants remain a great concern.

The focus of efforts to attain water quality goals has expanded accordingly. Further reductions in point source pollutant loadings are being attained through complex, innovative programs often involving numerous public agencies and private organizations. Loading from diffuse sources, such as urban and agricultural runoff, had until recently, continued largely unchecked. These sources are now generally considered to be the largest source of pollutants to aquatic systems. Water Board programs aim to reduce this diffuse pollutant loading.

4.1.2.1 NUMERIC WATER QUALITY OBJECTIVES: WASTELOAD ALLOCATIONS

The numerical objectives presented in Chapter 3 define maximum levels of individual pollutants allowed in the waters of the region. These objectives are based on extensive technical information that relates concentrations of pollutants in water to adverse effects on beneficial uses.

Assuring that pollutant concentrations throughout the whole Estuary system will meet objectives for each pollutant requires (a) information on the fate, transport, and distribution of that pollutant and (b) quantification of loading from all sources, including riverine inputs, urban and agricultural runoff, and point source discharges. When this information is available, the total amount of each pollutant that can enter the system without exceeding water quality objectives can be calculated. The maximum pollutant load can then be allocated among all sources, a process known as wasteload allocation. By considering pollutant influx from all sources, wasteload allocation supports the identification and implementation of the most effective and economically efficient means of achieving water quality objectives in the larger Estuary system.

There are three limitations to this approach. First, there are many pollutants of local concern for which objectives have not been developed and adopted. The objectives for specific toxic pollutants contained in Chapter 3 are reasonable for the purposes of interim regulation because they provide a minimum level of protection in the Estuary; however, additional objectives are necessary to fully implement the wasteload allocation approach. The Water Board will establish water quality objectives for selected pollutants as the necessary technical information becomes available and a framework for assessing economic factors is developed.

Second, the wasteload allocation approach only considers the impact of individual pollutants. Aquatic systems in the region contain mixtures of pollutants in a complex and variable water matrix. Implementation of the toxicity objective described in the following section addresses this issue.

Finally, substances that accumulate in sediment or organisms pose a more complicated problem for water quality control. The additional considerations necessary for these pollutants are described below.

4.1.2.2 TOXIC POLLUTANT ACCUMULATION: MASS-BASED STRATEGIES

Wasteload allocations based on the achievement of numeric water quality objectives will provide appropriate protection of beneficial uses for many toxic pollutants. For some pollutants, however, concentrations in water are not good indicators of their impairment of beneficial uses. Instead, wasteload allocations for such compounds are developed based on mass rather than concentration, and tissue and sediment concentrations. Typically, mass-based allocations require more extensive technical information on the fate and transport of pollutants in the system than those based on water alone.

The Water Board implements the narrative objectives regarding sediment accumulation and bioaccumulation in several ways. These are discussed in greater detail later in this chapter. In general, pollutants are identified and monitored in both discharges and the aquatic system. At a minimum, limits placed on point and nonpoint discharges take pollutant accumulation into consideration. Ultimately, the goal is to develop system-wide, mass-based wasteload allocations for appropriate substances.

4.1.2.3 SCIENTIFIC RESEARCH: ONGOING REFINEMENT OF PROGRAMS

The quantity of pollutants in the Estuary system is the result of many complex and interacting factors beyond the total amount discharged day-to-day. Levels of pollutants in water, sediments, and aquatic organisms are regularly assessed through the Regional Monitoring Program and other surveillance described in Chapter 6.

In addition, implementation of this Water Quality Control Plan involves research and investigation on processes controlling the fate, transport, and distribution of pollutants. In the past, the Water Board has supported research on Delta outflow and associated flushing, sediment movement, chemical transformations within the aquatic system, and biological effects associated with existing and projected pollutant levels.

Information resulting from ongoing scientific research and regular monitoring within the Estuary is continuously incorporated into each of the programs described in detail later in this chapter. In addition, the Water Board typically requires technical investigations in situations where water quality problems have been identified but not enough information is available to craft appropriate courses of action. As a result, programs are constantly evolving as better scientific information becomes available.

4.1.2.4 RIVERINE FLOWS, SYSTEM FLUSHING, AND POLLUTANT LOADING

4.1.2.4.1 DELTA OUTFLOW

In addition to pollution control measures, achieving water quality objectives and protecting the beneficial uses of the San Francisco Bay Estuary system (particularly fish migration and estuarine habitat) are depends on freshwater outflow from the Delta. Adequate freshwater inflow to the Bay system is necessary to control salinity, to provide mixing (particularly in the entrapment zone), to maintain proper temperature, and to flush out residual pollutants that cannot be eliminated by treatment or nonpoint source management. Except for local drainage and wastewater discharges, Delta outflow provides virtually all the freshwater inflow to San Francisco Bay. However, the availability of adequate Delta outflow to meet these needs is very uncertain because of the existing and potential upstream diversions of water and fluctuations in rainfall.

The State Board first addressed the issue of the Bay's inflow needs in the Water Quality Control Plan for the Sacramento-San Joaquin Delta and Suisun Marsh in the Water Rights Decision 1485, issued in August, 1978. In these documents, the State Board established maximum salinity standards (but no corresponding flow standards for the Delta) and required the two major water diverters to conduct research and determine:

• Outflow needs in San Francisco Bay, including the ecological benefits of unregulated outflows and salinity gradients established by them; and
• The need for winter flows for long-term protection of striped bass and other aquatic organisms in the Delta.

In 1993, estuarine scientists and managers associated with the San Francisco Estuary Project recommended development of salinity standards for different parts of the year to be used in conjunction with flow standards. Specifically, they indicate that average upstream positions of the near-bottom 2 0/00 isohaline would be an appropriate index for salinity standards.

Technical evidence developed during the Estuary Project process and the State Board Bay/Delta hearings will be used to help formulate future amendments to the Basin Plan.

4.1.2.4.2 SAN LUIS DRAIN

The San Luis Drain is a proposed method of funneling agricultural runoff from the San Joaquin Valley into the Delta.

Agricultural irrigation in the San Joaquin Valley leads to high salinity concentrations in the soil, which may be harmful to crops. To alleviate this condition, tile drains have been and are being installed to carry the saline water away from the fields. However, there have been adverse environmental effects associated with this wastewater.

In 1982, the U.S. Fish and Wildlife Service discovered selenium concentrations in fish from the San Luis Drain and Kesterson Reservoir to be as much as 100 times higher than background. It also found high mortalities and deformities among newborn coots, grebes, stilts, and ducks.

There was early concern about the potential for impacts on beneficial uses in the Estuary if the Drain were completed and discharged into the Delta. In response, the Water Board prohibited the proposed discharge in 1964, unless compelling evidence that the proposed discharge would not harm beneficial uses was submitted by proponents. In 1981, the Water Board requested that the State Board take the lead role in developing, revising, renewing, and enforcing waste discharge requirements for the Drain.

Unfortunately, the problem of agricultural drainage still exists. The San Joaquin Valley Drainage Program, another state and federal interagency program, has begun to investigate further the problems associated with the drainage of agricultural lands and to develop solutions.

4.1.3 WATERSHED MANAGEMENT COUNTYWIDE PROGRAMS AND INDIVIDUAL WATERSHEDS

Protection of beneficial uses associated with the Estuary also depends upon achieving water quality goals within each of the watersheds draining to the Bay. Successful wasteload allocations depend upon limiting pollutant influx from nonpoint as well as point sources. In turn, nonpoint source control is dependent on a wide range of factors, including physical factors such as the geology and hydrological characteristics of an area; existing natural resources such as vegetation along streambanks; and a wide range of human activities.

Watershed management planning in each countywide program or individual watershed involves a series of steps. First, a detailed assessment of current conditions, including identification of existing or potential problems, is conducted. Next, the process attempts to bring together all affected stakeholders and interested parties to determine how they would manage their watershed. Finally, specific actions are taken during implementation of the countywide or local watershed action plan.

The Water Board firmly believes that watershed planning and protection efforts will not be effective unless solutions are defined and implemented at the local level. The following sections present four examples of local watershed management planning activities supported by the Water Board.

4.1.3.1 THE NAPA RIVER WATERSHED

The Water Board has initiated county-level watershed management planning efforts. The first began in the Napa River Watershed where depressed oxygen levels, high coliform levels, and sedimentation due to erosion were recurring problems in segments of the Napa River.

The Water Board initiated the planning process by preparing a complete resource evaluation in cooperation with a wide range of local public and private entities. This evaluation encompassed traditional evaluations of natural resources and also included descriptions of existing management and regulatory frameworks, funding, and tax incentive programs to support the local planning process.

The Water Board is supporting local agency staff, public officials, agricultural landowners, urban residents of Napa County, and the Napa Resource Conservation District in their efforts to define watershed management goals and specific actions that will eventually allow those goals to be met. In 1999, the Water Board issued waste discharge requirements (WDRs) for the Napa River Flood Control Project, which has set a national standard for innovative, community-based planning to ensure a "Living River" corridor along the Napa River that protects water quality, successfully integrating flood control, water quality, and habitat protection requirements.

4.1.3.2 THE SANTA CLARA BASIN WATERSHED MANAGEMENT INITIATIVE

In 1996, the Water Board and the U.S. EPA initiated a broad stakeholder effort to encourage local stewardship in the Santa Clara basin as part of the statewide WMI. The Santa Clara basin is defined as the San Francisco Bay south of the Dumbarton Bridge and the watersheds draining to that segment of the Bay. The Santa Clara Basin Watershed Management Initiative is a broad-based stakeholder group of 32 signatories from local, state and federal public agencies, business and trade associations, and civic and environmental groups and programs. The declared purpose of this WMI is "to develop and implement a comprehensive watershed management program - one that recognizes that healthy watersheds mean addressing water quality problems and quality of life issues for the people, animals and plants that live in the watershed." This WMI first established a mission statement, goals, planning objectives for development of a watershed action plan, implementation objectives, and a framework for conducting a watershed assessment. The most outstanding successes of this WMI have been in sustaining organizational continuity, providing a forum for stakeholder input on regulatory actions, and producing a variety of outreach materials for the general public to assist in natural resource protection. This WMI has continued to develop its foundation by producing watershed assessments (2002), and a watershed action plan (2003), and by further developing its priorities for implementation to protect and improve water quality (2005).

4.1.3.3 THE TOMALES BAY WATERSHED

The Tomales Bay watershed in western Marin County is one of the major estuaries on the west coast of the United States. It has a diverse ecosystem and several notable tributaries, including Lagunitas Creek, which has one of the few remaining viable coho salmon runs in central California. In December 1999, the local citizens and state, federal, and local agencies formed the Tomales Bay Watershed Council. The Council produced a Stewardship Plan for the Tomales Bay watershed to ensure that water quality in Tomales Bay and its tributary streams is sufficient to support natural resources and beneficial uses. The plan also includes recommendations to restore and protect the integrity of natural habitats and native plant communities, which contribute to improved water quality. The Water Board has actively participated on the Council, working with the other agencies and interested parties to coordinate monitoring and recommend funding for grant projects for a variety of pollution prevention and restoration projects within the watershed.

4.1.3.4 THE CONTRA COSTA WATERSHED FORUM

The Contra Costa Watershed Forum (CCWF) was established as a result of a countywide Creek and Watershed Symposium in 1999. The CCWF is an open committee of approximately 50 organizations, including federal, state, and local agencies; local governments; a professional watershed research organization; local non-profit environmental and education organizations; community volunteer groups; and private citizens. The CCWF staff are from the Contra Costa County Community Development Department. This diverse group of stakeholders is united by their concern for the watersheds of Contra Costa County. Through the coordinated activities of the CCWF, local creek and watershed groups have been sustained, and the CCWF has received grant funding for creek surveys and mapping, biological water quality (benthic macroinvertebrate) monitoring, and production of the Watershed Atlas. The Watershed Atlas compiles information on geography, hydrology, demographics, impervious surface, drainage patterns and much other information pertinent to water quality protection and evaluation, including activities of local watershed groups and restoration projects. The Water Board supports the CCWF by attendance at meetings, management of grant-funded projects, and work with CCWF staff on setting watershed priorities. These efforts are leading to water quality improvements as the citizens of Contra Costa County become more directly involved in assessing, monitoring, restoring, and protecting their watersheds.

4.2 DISCHARGE PROHIBITIONS APPLICABLE THROUGHOUT THE REGION

To protect water quality of all aquatic systems throughout the region, the discharge prohibitions listed in Table 4-1 apply. The Water Board will not allow exceptions to these prohibitions, except where noted below.

Exceptions to Prohibitions 1, 2, and 3 will be considered where:

• An inordinate burden would be placed on the discharger relative to beneficial uses protected and an equivalent level of environmental protection can be achieved by alternate means, such as an alternative discharge site, a higher level of treatment, and/or improved treatment reliability; or
• A discharge is approved as part of a reclamation project; or
• It can be demonstrated that net environmental benefits will be derived as a result of the discharge; or
• A discharge is approved as part of a groundwater clean-up project, and in accordance with Resolution No. 88-160 "Regional Board Position on the Disposal of Extracted Groundwater from Groundwater Clean-up Projects," and it has been demonstrated that neither reclamation nor discharge to a POTW is technically and economically feasible, and the discharger has provided certification of the adequacy and reliability of treatment facilities and a plan that describes procedures for proper operation and maintenance of all treatment facilities. (The Water Board recognizes the resource value of extracted and treated groundwater and urges its utilization for the highest beneficial use for which applicable water quality standards can be achieved.)

In reviewing requests for exceptions, the Water Board will consider the reliability of the discharger's system in preventing inadequately treated wastewater from being discharged to the receiving water and the environmental consequences of such discharges.

Prohibitions 1 through 5 refer to particular characteristics of concern to beneficial uses. The Water Board may consider an exception to 4 provided that any proposed reclamation project demonstrates that beneficial uses will be protected. This broad language has been and will be interpreted by the Water Board on a case-by-case basis. It should be noted that the Water Board will consider all discharges of treated sewage and other discharges where the treatment process is subject to upset to contain particular characteristics of concern unless the discharger can demonstrate that the discharge of inadequately treated waste will be reliably prevented.

4.2.1 SUMMARY

The detailed program descriptions presented in the remainder of this chapter are focused on protecting water quality in systems ranging from small creeks to the larger Estuary.

The section on point source control focuses primarily on protecting beneficial uses in each segment of the Estuary, as well as the whole system. The section on nonpoint source control focuses primarily on individual watersheds, but also on the contributions of runoff to the larger Bay system. The section on groundwater protection and management centers on groundwater basins within each watershed. The section on emerging program areas describes resources and issues that have increasingly become the focus of Water Board activity. Often, these areas require integrated and innovative approaches that are substantially different than those that exist in established programs.

4.3 POINT SOURCE CONTROL

Surface waters in the region consist of inland surface water (freshwater lakes, rivers, and streams), estuaries, enclosed bays, and ocean waters. Historical and ongoing wasteloads contributed to the surface water bodies in the region come from upstream discharges carried into the region via Delta outflow, direct input in the forms of point and nonpoint sources, and indirect input via groundwater seepage.

A point source usually refers to waste emanating from a single, identifiable location, while a nonpoint source usually refers to waste emanating from diffuse locations. While legally considered point sources, stormwater sewer systems are discussed under the nonpoint source control because waste entering the systems is generated from diffuse sources. This section describes control measures for point source discharges. The Water Board may control either type of discharge, but approaches may differ.

Wasteloads from point sources are those that are generally associated with pollutant discharges from an identifiable location to a specific receiving water body. Major types of point sources include:

• Treated municipal sewage discharged from Publicly Owned Treatment Works (POTWs), which often consist of a combination of domestic, industrial, and commercial waste streams;
• Treated industrial wastewater resulting from industrial operations, processing, cleaning, and cooling;
• Treated groundwater from clean-up of groundwater pollution sites; and,
• Other miscellaneous types of discharges, including certain non-point sources with a physically identifiable point of discharge.

4.4 WASTE DISCHARGE PERMITTING PROGRAM

Point source discharges to surface waters are generally controlled through waste discharge requirements issued under the federal National Pollutant Discharge Elimination System (NPDES) permits. Although the NPDES program was established by the federal Clean Water Act, the permits are prepared and enforced by the Water Boards per California's delegated authority for the act.

Issued in five-year terms, an NPDES permit usually contains components such as discharge prohibitions, effluent limitations, and necessary specifications and provisions to ensure proper treatment, storage, and disposal of the waste. The permit often contains a monitoring program that establishes monitoring stations at effluent outfall and receiving waters.

Under the state's Porter-Cologne Water Quality Control Act, any person discharging or proposing to discharge waste within the region (except discharges into a community sewer system) that could affect the quality of the waters of the state is required to file a Report Of Waste Discharge (ROWD). The Water Board reviews the nature of the proposed discharge and adopts Waste Discharge Requirements (WDRs) to protect the beneficial uses of waters of the state. Waste discharge requirements could be adopted for an individual discharge, or a specific type of discharges in the form of a general permit. The Water Board may waive the requirements for filing a ROWD or issuing WDRs for a specific discharge where such a waiver is not against the public interest. NPDES requirements may not be waived.

Acceptable control measures for point source discharges must ensure compliance with NPDES permit conditions, including the discharge prohibitions (Table 4-1) and the effluent limitations provided on the following pages. In addition, control measures must satisfy water quality objectives set forth in the Basin Plan unless the Water Board judges that related economic, environmental, or social considerations merit a modification after a public hearing process has been conducted. Control measures employed must be sufficiently flexible to accommodate future changes in technology, population growth, land development, and legal requirements.

4.5 EFFLUENT LIMITATIONS

4.5.1 TECHNOLOGY- AND WATER QUALITY-BASED LIMITATIONS

The federal Clean Water Act (CWA) requires that NPDES permits include technology-based and, where appropriate, water quality-based effluent limitations. Technology-based effluent limitations are promulgated performance standards based on secondary treatment or best practicable control technology. When technology-based limitations fail to attain or maintain acceptable water quality (as measured by water quality objectives) or comply with water quality control plans, additional or more stringent effluent limitations will be required in order to attain water quality objectives. The more stringent limitations are known as water quality-based limits.

Water quality-based effluent limitations will consist of narrative requirements and, where appropriate, numerical limits for the protection of the most sensitive beneficial uses of the receiving water. Establishing numeric limits takes into account the appropriate water quality objectives, background concentrations in the receiving water, and allowable dilution credit.

In many cases, numerical water quality objectives are not available for various types of beneficial uses or for various constituents of concern. In these cases, best professional judgment will be used in deriving numerical effluent limitations that will ensure attainment and maintenance of narrative water quality objectives.

4.5.2 SITE-SPECIFIC OBJECTIVES

In some cases, the Water Board may elect to develop and adopt site-specific water quality objectives. These objectives will reflect site-specific conditions and comply with the Antidegradation Policy. This situation may arise when:

• It is determined that promulgated water quality standards or objectives are not protective of beneficial uses; or
• Site-specific conditions warrant less stringent effluent limits than those based on promulgated water quality standards or objectives, without compromising the beneficial uses of the receiving water.

In the above cases, the Water Board may consider developing and adopting site-specific water quality objectives for the constituent(s) of concern. These site-specific objectives will be developed to provide the same level of environmental protection as intended by national criteria, but will more accurately reflect local conditions. Such objectives are subject to approval by the State Board, Office of Administrative Law, and U.S. EPA.

There may be cases where the promulgated water quality standard or adopted objectives are practically not attainable in the receiving water due to existing high concentrations. In such circumstances, discharges shall not cause impairment of beneficial uses.

4.5.3 BEST PROFESSIONAL JUDGMENT

In developing and setting water quality-based effluent limitations for toxic pollutants, best professional judgment will involve consideration of many factors. Factors that may be considered include:

• Applicable and relevant federal laws, regulation, and guidance (specifically 40 CFR122 and 131, promulgated National Toxics Rules, U.S. EPA Water Quality Criteria, and technical guidance on water-quality based toxics control);
• State laws, regulations, policies, guidance, and Water Quality Control Plans;
• This Regional Water Quality Control Plan;
• Achievability by available technology or control strategies;
• Effectiveness of pollution prevention and source control measures; and
• Economic and social costs and benefits.

While the conditions surrounding a waste discharge may vary from case to case, all attempts will be made to ensure consistency among permits when exercising best professional judgment.

The effluent limitations described below have been established to help achieve the water quality objectives identified in Chapter 3.

Numerical effluent limitations identified in this section may not contain a complete list of pollutants that have a reasonable potential to cause an adverse impact on water quality. Inclusion of such pollutants of concern into the NPDES permit will be evaluated on a case-by-case basis.

The Water Board will consider establishing more stringent limitations as necessary to meet water quality objectives and protect beneficial uses in particularly sensitive areas. Similarly, the Water Board will consider establishing less stringent limitations, consistent with state and federal laws, for any discharge where it can be conclusively demonstrated through a comprehensive program approved by the Water Board that such limitations will not result in unacceptable adverse impacts on the beneficial uses of the receiving water. Such a comprehensive program must evaluate the impact of other, nearby discharges as well as the discharge itself.

The numerical limits identified in this section have been and will be applied on a gross rather than a net basis except for certain industrial waste discharges, which will be evaluated on a case-by-case basis.

4.5.4 DISCHARGES TO OCEAN WATERS

Within the context of this Basin Plan, ocean waters of the region are all territorial marine waters of the state west of the coastline, except enclosed bays.

All discharges to ocean waters must comply with the applicable quality requirements for waste discharges specified in the State Board's Ocean Plan and Thermal Plan.

4.5.5 DISCHARGES TO INLAND SURFACE WATERS, ENCLOSED BAYS, AND ESTUARIES

Within the context of this plan, enclosed bays are the indentations along the coast that enclose an area of marine water (such as Tomales Bay and Drake's Estero) including San Francisco Bay; estuaries extend from a bay to points upstream where there is no significant mixing or fresh water or sea water (this includes significant portions of the main San Francisco Bay and the portions of streams draining to the Bay where salt and freshwater mix); and inland surface waters are all other waterbodies within the region (freshwater rivers, streams, lakes, and reservoirs). As described in Chapter 3, effluent limits for discharge into any surface water body within the region is based on salinity. These are defined in the State Enclosed Bays and Estuaries Policy, 1974.

4.5.5.1 LIMITATIONS FOR CONVENTIONAL POLLUTANTS

Effluent limitations for conventional pollutants are contained in Table 4-2 for discharges to inland surface waters and enclosed bays and estuaries within the region.

4.5.5.2 LIMITATIONS FOR SELECTED TOXIC POLLUTANTS

Water quality-based effluent limitations for shallow water and deepwater dischargers shall be calculated according to the methodology in the “Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bay, and Estuaries of California (SIP).” and any amendments thereto.

The Water Board may adopt additional numerical standards for conservative constituents documented in discharges and/or documented to be of concern in receiving waters.

4.5.5.3 WHOLE EFFLUENT TOXICITY LIMITS AND CONTROL PROGRAM

The narrative water quality objective for toxicity (see Chapter 3) protects beneficial uses against mixtures of pollutants typically found in aquatic systems. This approach is used because numerical objectives for individual pollutants do not take mixtures into account and because numerical objectives exist for only a small fraction of potential pollutants of concern.

Effluent limits for acute toxicity are described below and were derived through the Effluent Toxicity Characterization Program (ETCP). A detailed description of the ETCP is presented later in this section. These limits define in specific terms how the Water Board assesses whether waters are "maintained free of toxic substances in concentrations that are lethal to or that produce other detrimental responses in aquatic organisms" (the narrative objective in Chapter 3) and maintains waters free of "toxic substances in toxic amounts" (Clean Water Act).

4.5.5.3.1 ACUTE TOXICITY

The acute toxicity effluent limitation states that the survival of organisms in effluent shall be a median value of not less than 90 percent survival, and a 90 percentile value of not less than 70 percent survival using tests as specified in Table 4-4 and Table 4-5.

Compliance with the acute toxicity limitation is evaluated by measuring survival of test fishes exposed to effluent for 96 hours. Each fish species represents a single sample. Dischargers are required to conduct flow-through effluent toxicity tests, except for those that discharge intermittently and discharge less than 1.0 million gallons per day (average dry weather flow). Such small, intermittent dischargers are required to perform static renewal bioassays.

All dischargers perform toxicity tests using fish species, according to protocols approved by the U.S. EPA or State Board or published by the American Society for Testing and Materials (ASTM) or American Public Health Association. Two fish species shall be tested concurrently. These shall be the most sensitive two species determined from concurrent screening(s) of three species: three-spine stickleback, rainbow trout, and fathead minnow. Tests completed within ten days of the initial test are considered concurrent. This three-species-screening requirement can be met using either flow-through or static renewal bioassays.

The Water Board may consider allowing compliance monitoring with only one (the most sensitive, if known) fish species, if the following condition is met: The discharger can document that the acute toxicity limitation, specified above, has not been exceeded during the previous three years, or that acute toxicity has been observed in only one of two fish species.

The Water Board may modify the flow-through bioassay requirements and the specific test species requirements on a case-by-case basis for discharges of once-through cooling water or excessively saline wastes, which make the implementation of these test requirements impractical. Such changes are not intended as a reduction in the acute toxicity limitation, but rather to account for the technical difficulties of performing the tests.

In addition, for deep water discharges subject to marine effluent limitations, dischargers are not to be considered out of compliance with the acute toxicity effluent limitation under the following circumstances: the discharger documents that the only cause of acute toxicity is ammonia which rapidly decays in the receiving water, and demonstrates that ammonia in the discharge does not impact water quality or beneficial uses.

4.5.5.3.2 CHRONIC TOXICITY

Chronic toxicity effluent limits are derived for individual dischargers based upon Best Professional Judgement. Some of the factors that may be considered in the development of these limits include: allowing credit for dilution comparable to those allowed for numeric chemical-specific objectives, effluent variability, and intent to protect against consistent chronic toxicity and severe episodic toxic events.

Chronic toxicity limitations are contained in the permits of all dischargers that have completed or are currently participating in the Effluent Toxicity Characterization Program (ETCP). This includes all municipal facilities with pre-treatment programs, all major industrial facilities, and selected treated groundwater dischargers.

Monitoring requirements for chronic toxicity, such as test species, effluent sampling procedures, dilution series, monitoring frequency, dilution waters and reference toxicant testing requirements, are specified in NPDES permits on a case-by-case basis. Monitoring requirements will be based on Effluent Toxicity Characterization Program data. Test species and protocols will be selected from those listed in Table 4-5.

Dischargers with chronic toxicity limits in their permits monitoring quarterly or less frequently are required to accelerate the frequency to monthly (or as otherwise specified by the Executive Officer) when conditions such as those listed in Table 4-6 occur.

4.5.5.3.3 TOXICITY IDENTIFICATION/REDUCTION EVALUATION (TIE/TRE)

Permits shall require that if consistent toxicity is exhibited, then a chronic toxicity identification evaluation (TIE) and toxicity reduction evaluation (TRE) shall be conducted. Specific language in permits requires the development of workplans for implementing TIEs. TIEs will be initiated within 30 days of detection of persistent toxicity. The purpose of a TIE is to identify the chemical or combination of chemicals causing the observed toxicity. Every reasonable effort using currently available TIE methodologies shall be employed by the discharger. The Water Board recognizes that identification of causes of chronic toxicity may not be successful in all cases.

The purposes of a TRE are to identify the source(s) of the toxic constituents and evaluate alternative strategies for reducing or eliminating their discharge. The TRE shall include all reasonable steps to reduce toxicity to the required level. In addition, the Water Board will review chronic toxicity test results to assess acute toxicity and consider the need for an acute TIE.

Following completion of the TRE, if consistent toxicity is still exhibited in a discharge, then the discharger shall pursue all feasible waste minimization measures at a level that is acceptable to the Water Board. The discharger must document that the acceptable level of participation is maintained by submitting reports on a specified schedule to the Water Board.

A Toxicity Reduction Evaluation may again be required in situations where chronic toxicity still exists and new techniques for identifying and reducing toxicity become available. Alternatively, the cause of effluent toxicity may change, so that existing techniques will enable identification and reduction of toxicity.

Consideration of any enforcement action by the Water Board for violation of the effluent limitation will be based in part on the discharger's actions in identifying and reducing sources of persistent toxicity.

4.5.5.3.4 EFFLUENT TOXICITY CHARACTERIZATION PROGRAM

The Effluent Toxicity Characterization Program was initiated in 1986 with the goal of developing and implementing toxicity limits for each discharger based on actual characteristics of both receiving waters and waste streams. The Water Board initiated the program as a means of implementing the narrative objective prohibiting toxic effects in receiving water.

The first two phases of the program focused on developing methods for monitoring effluent toxicity (known as effluent characterization) and deriving the appropriate series of tests to ensure that each effluent and its immediate receiving waters are not toxic to aquatic organisms.

Information from these phases is used to determine whether the narrative objectives are being met in each segment of the Bay and will support the development of site-specific water quality objectives and wasteload allocations.

As the program progresses, the Water Board may: (a) Modify existing effluent limits; (b) Specify different test organisms and methods for determining compliance with toxicity effluent limits; and/or (3) Require a toxicity reduction evaluation (TRE) to determine the cost-effectiveness of controlling toxicity or reducing concentrations of specific pollutants.

This program is being implemented within the existing framework of the NPDES permitting program for municipal and industrial facilities.

The purposes of effluent characterization are to:

• Define effluent variability so that the most appropriate compliance monitoring program can be put in place for each discharge and so that adequate information can be developed to determine if treatment processes or source control modifications are necessary to comply with effluent limits;
• Define the sensitivity of different test species to different effluents so that appropriate acute toxicity effluent limits can be defined and to identify the most sensitive of a group of test organisms used for compliance monitoring; and
• Define the chronic toxicity of the effluent to different test species such that the most sensitive organism of a standard set can be defined and either used for compliance monitoring or used for development of application factors to be applied to the acute toxicity effluent limit.

Two rounds of effluent characterization have been completed by dischargers selected on the basis of the nature, volume, and location of discharge. The first round started characterization in 1988; the second round in 1991. The Water Board adopted guidance documents for each round of characterization, with modifications made to the second round from knowledge gained during the first. Status reports were issued in July, 1989, March, 1990, and July, 1991. A summary report is scheduled upon completion of the second round in 1995. The need for a third round of characterization will be evaluated at that time.

Thus far, no one test species has consistently been the most sensitive to all discharges. This strongly supports the current approach of requiring screening using several test species. Also, acute toxicity has been observed at several sites using the expanded range of test species.

Although these sites can meet existing limits with test species currently used to determine compliance (fathead minnow, trout, and stickleback), they cannot meet the limits based on more sensitive species now available.

Detailed technical guidelines for conducting toxicity tests and analyzing resulting data were compiled in "Modified Guidelines: Effluent Toxicity Characterization Program," San Francisco Bay Regional Water Quality Control Board, 1991, Resolution No. 91-083, after experience gained during the first round. This document is incorporated by reference into this plan.

4.6 CALCULATION OF WATER QUALITY-BASED EFFLUENT LIMITATIONS

4.6.1 DILUTION RATIOS

The allocation of dilution ratio depends on whether a discharge is classified as a deep water or a shallow water discharge. In order to be classified as a deep water discharge, waste must be discharged through an outfall with a diffuser and must receive a minimum initial dilution of 10:1, with generally much greater dilution. All other dischargers are classified as shallow water discharges.

4.6.1.1 DEEP WATER DISCHARGES

While it is recognized that the actual initial dilution of many deep water discharges is greater than ten, the Water Board has taken a conservative approach to calculating effluent limitations for the following reasons. First, there is concern over the effects of the cumulative mass loadings of toxic pollutants from the numerous discharges into San Francisco Bay. Limiting the allocation of dilution credits is one means of limiting mass loadings. Second, recent Water Board studies have detected toxicity in ambient waters throughout the Bay system based on laboratory toxicity tests. This calls for a cautious approach in allowing the discharge of toxic substances. Third, studies indicate that bioaccumulation of pollutants in San Francisco Bay biota is of concern to wildlife and human health. Fourth, it is difficult to either measure or predict actual dilution in the San Francisco Bay estuarine environment. In the Estuary, the direction of waste transport varies over the course of the tidal cycle, so it is difficult to determine the fraction of new water versus recirculated water mixing with the discharge. U.S. EPA has developed several models of initial dilution for discharge plumes, but none take into account transport due to tidal currents.

The Water Board will consider inclusion of an effluent limitation greater than that calculated from water quality objectives when the increase in concentration is caused by implementation of significant water reclamation or water reuse programs at the facility; the increase in the effluent limitation does not result in an increase in the mass loading; and water quality objectives will not be exceeded outside the zone of initial dilution.

4.6.1.2 SHALLOW WATER DISCHARGES

Shallow water dischargers are subject to a discharge prohibition (Table 4-1, No. 1), which is intended to protect beneficial uses in areas that receive very limited, if any, dilution. When an exception to the prohibition is granted, it is generally not appropriate to allocate dilution credits for purposes of calculating effluent limitations, because these shallow aquatic environments are often biologically sensitive or critical habitats.

However, dilution credit may be granted on a discharger-by-discharger and pollutant-by-pollutant basis based on provisions of the “Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bay, and Estuaries of California (SIP).” In making this determination, the Water Board will grant dilution credit on a pollutant-by-pollutant basis if the discharger demonstrates that an aggressive pretreatment and source control program is in place, including the following:

• Completion of a source identification study;
• Development and implementation of a source reduction plan; and
• Commitment of resources to fully implement the source control and reduction plan.

Any dilution credit granted must be consistent with the antibacksliding policy and may be granted only after very rigorous scrutiny of source control efforts and receiving water data. When dilution is granted, permits shall include provisions requiring continuing efforts at source control, targeting the substances to which the exceptions apply.

For certain low volume, short duration, or one-time discharges, the requirements of pretreatment and source control programs may not be practical. The Water Board may choose to waive such requirements for pollutants in low volume discharges determined to have no significant adverse impact on water quality.

In addition, the Water Board will consider the discharger's demonstration of compliance with water quality objectives, in accordance with the SIP. This demonstration shall address the following issues:

(a) A demonstration that the proposed effluent limitation will result in compliance with water quality objectives, including the narrative chronic toxicity objective, in the receiving water. Water quality objectives used in this demonstration are to be based on ambient salinity and hardness (for fresh waters) at the time of sampling. In addition, demonstration of compliance is to be based on the averaging period associated with each objective. Compliance with both acute and chronic chemical-specific water quality objectives shall be demonstrated. If freshwater objectives apply in the receiving waters (i.e., salinity is less than 5 parts per thousand), compliance with saltwater objectives shall also be demonstrated at the nearest point in the receiving waters where salinity reaches 5 parts per thousand. Such a demonstration shall be based on ambient monitoring at a frequency equal to that typically required for effluent monitoring for a period of time defined in the study plan;

(b) An evaluation of worst-case conditions (in terms of tidal cycle, currents, or instream flows, as appropriate) through monitoring and/or modeling to demonstrate that water quality objectives will continue to be met, taking into account the averaging period associated with each objective; and

(c) An evaluation of the effects of mass loading resulting from allowing higher concentrations of pollutants in the discharge, in particular, the potential for accumulation of pollutants in aquatic life or sediments to levels that would impair aquatic life or threaten human health. This evaluation may include sampling of sediment and biota in the vicinity of the discharge to determine the accumulation of pollutants resulting from the current levels of discharge.

A study plan for conducting this work must be submitted to the Water Board for approval by the Executive Officer. Results of the study or studies addressing these three points shall be submitted to the Water Board. Effluent limitations based on either concentration or mass loading shall be developed for consideration by the Water Board based on study results and any other available information. The goal in setting effluent limitations shall be to ensure that water quality objectives are met in the receiving water and that mass loadings are limited to a level that provides protection of beneficial uses. In no case shall effluent limitations impair the basis upon which exception to the prohibition against discharge to shallow water was granted. Continued ambient monitoring shall also be required to ensure that water quality objectives are met.

4.6.2 FRESH WATER VS. MARINE WATER

Due to the unique estuarine environment that exists in the region, the salinity characteristics (i.e., freshwater vs. marine water) of the receiving water shall be considered in establishing water quality objectives. Freshwater effluent limitations shall apply to discharges to waters both outside the zone of tidal influence and with salinities equal to or less than 1 part per thousand at least 95 percent of the time in a normal water year. Marine effluent limitations shall apply to discharges to waters with salinities equal to or greater than 10 parts per thousand at least 95 percent of the time, except for discharges to the Pacific Ocean, which are covered by the California Ocean Plan. For discharges to waters with salinities in between these two categories, defined as estuarine, effluent limitations shall be the lower of the marine or freshwater effluent limitation, based on ambient hardness, for each substance. The use of alternative marine or freshwater criteria may be approved if scientifically defensible information and data demonstrate that on a site-specific basis the biology of the water body is dominated by freshwater aquatic life; or conversely, the biology of the water body is dominated by marine aquatic life.

4.6.3 BACKGROUND CONCENTRATIONS

When dilution credit is granted, the background concentration of the substance is taken into account in calculating effluent limitations so that the dilution provided by mixing with receiving waters is not overestimated. Ambient background concentration means the concentration of a substance, in the vicinity of a discharge, which is not influenced by the discharge. For the San Francisco Estuary, it is difficult to identify a location that is not influenced by a discharge. Furthermore, background concentrations should vary within the Estuary due to changing geochemistry of the waters as they travel downstream. However, in order to simplify the calculation of effluent limitations, it is desirable to use one background concentration throughout the region.

The determination of ambient background concentration, for purposes of establishing NPDES effluent limitations for toxic pollutants, will be done in accordance with the provisions of the SIP, and amendments thereto.

4.7 IMPLEMENTATION OF EFFLUENT LIMITATIONS

In incorporating and implementing effluent limitations in NPDES permits, the following general guidance shall apply:

4.7.1. PERFORMANCE-BASED LIMITS

Where water quality objectives in the receiving water are being met, and an existing effluent limitation for a substance in a discharge is significantly lower than appropriate water quality-based limits, performance-based effluent limitations for that substance may be specified or the effluent limit revised. Any changes are subject to compliance with the state Antidegradation Policy. The performance-based effluent limitation may be either concentration- or mass-based, as appropriate.

4.7.2 SITE-SPECIFIC OBJECTIVE INCORPORATION

Once the Water Board has adopted a site-specific objective for any substance, effluent limitations shall be calculated from that objective in accordance with the methods described above.

4.7.3 AVERAGING PERIODS

For some substances there may be more than one effluent limitation with different averaging periods (e.g., daily average and 30-day average). In both cases, the effluent limitations shall apply to the mean concentration of all samples analyzed during the averaging period. If only one sample is taken during the averaging period, the effluent limitation applies to the concentration of that sample.

4.7.4 METHOD DETECTION LIMITS, PRACTICAL QUANTITATION LEVELS (PQL), AND LIMITS OF QUANTIFICATION (LOQ)

Method Detection Limits are defined in Title 40, Code of Federal Regulations, Part 136, Appendix B (revised June 30, 1986).

Practical Quantitation Level is the lowest concentration of a substance within plus or minus 20 percent of the true concentration by 75 percent of the analytical laboratories testing in a performance evaluation study. If performance data are not available, the PQL is the MDL x 5 for carcinogens and the MDL x 10 for noncarcinogens.

Limits of Quantification are ten standard deviations greater than the average measured blank values used in developing the MDL.

These terms and concepts are useful when pollutant concentrations in waters are relatively low. However, these will be taken into account in determining compliance with, rather than in the calculation of, effluent limitations.

4.7.5 SELECTION OF PARAMETERS

Effluent limits are not necessary for substances that do not pose any risk to beneficial uses or are shown not to be present in discharge. However, a discharger must demonstrate to the satisfaction of the Water Board that particular substances do not cause, or have the reasonable potential to cause or contribute to an excursion above numerical and narrative objectives. Dischargers must also demonstrate that pollutants of concern are (a) not in the waste stream, and (b) no change has occurred that may cause release of pollutants. This certification shall be supported, at a minimum, by monitoring results for such pollutants and process and treatment descriptions that demonstrate these substances are not expected to be present in the waste stream. At a minimum, this monitoring and certification is required prior to issuance and reissuance of WDRs.

The Water Board may choose to not require periodic monitoring and certification for pollutants in low volume discharges determined to have no significant adverse impact on water quality.

4.7.6 COMPLIANCE SCHEDULES

As new objectives or standards are adopted, permits will be revised accordingly. Revised permits will distinguish between effluent limitations that are met by current performance, and effluent limitations not currently attained. Immediate compliance will be required for effluent limitations that are met by current performance.

The Water Board may consider dischargers' proposals for longer compliance schedules for newly adopted objectives or standards as NPDES permit conditions for particular substances, where revised effluent limitations are not currently being met and where justified. The primary goal in setting compliance schedules is to promote the completion of source control and waste minimization measures, including water reclamation.

Justification for compliance schedules will include, at a minimum, all of the following:

(a) Submission of results of a diligent effort to quantify pollutant levels in the discharge and the sources of the pollutant in the waste stream;

(b) Documentation of source control efforts currently underway or completed, including compliance with the Pollution Prevention program described in the Basin Plan;

(c) A proposed schedule for additional source control measures or waste treatment; and

(d) A demonstration that the proposed schedule is as short as possible.

Implementation of source control measures to reduce pollutant loadings to the maximum extent practicable shall be completed as soon as possible, but in no event later than four years after new objectives or standards take effect. Implementation of any additional measures that may be required to comply with effluent limitations shall be completed as soon as possible, but in no event later than ten years after new objectives or standards take effect. The issuance of the permit containing a compliance schedule should not result in a violation of any applicable requirement of the federal Clean Water Act or the California Water Code, including any applicable Clean Water Act statutory deadlines.

4.8 STORMWATER DISCHARGES

As discussed in a later section titled "Urban Runoff Management," the Water Board has initiated a program that regulates certain municipal, industrial, and construction stormwater discharges through NPDES permits. Since both the sources of pollutants in stormwater discharges and the points of discharge are diffuse, and the methods of reducing pollutants in stormwater discharges are in the development stage, water quality-based numerical effluent limitations are not feasible at this time. Instead, stormwater permits will include requirements to prevent or reduce discharges of pollutants that cause or contribute to violations of water quality objectives. Compliance with these requirements is expected to be achieved through implementation of control measures or best management practices identified in dischargers' stormwater management plans or stormwater pollution prevention plans. Instead, stormwater permits will include requirements to prevent or reduce discharges of pollutants that cause or contribute to violations of water quality objectives for receiving waters. Compliance with these requirements is expected to be achieved through implementation of control measures or best management practices identified in dischargers' stormwater management plans or stormwater pollution prevention plans.

The Water Board is taking a phased approach towards attainment of water quality objectives in waters that receive stormwater discharges from urban areas and certain industrial and construction activities. The Water Board will first require entities subject to NPDES permits for stormwater discharges to complete implementation of technically and economically feasible control measures to reduce pollutants in stormwater to the maximum extent practicable. For industrial facilities, such control measures include those representing the best available technology that is economically achievable.

NPDES permits for stormwater discharges will require completion of technically and economically feasible control measures as soon as possible. Specific schedules for implementing control measures may, at the discretion of the Water Board, be included in permits (to the extent that such schedules are authorized by state or federal laws) either by reference to a stormwater management plan or by permit conditions. In no event will these schedules extend beyond the term of the permit.

If this first phase does not result in attainment of water quality objectives, the Water Board will consider permit conditions which may require implementation of additional control measures. In such circumstances, the Water Board may consider dischargers' proposed schedules for identification and implementation of additional control measures designed to attain water quality objectives. Such schedules shall be as short as practicable and will only be considered for inclusion in permits when a discharger has demonstrated the following:

(a) A diligent effort to quantify pollutant levels and the sources of the pollutant in stormwater discharges; and

(b) Documentation of completion of implementation of all technically and economically reasonable control measures.

4.9 WET WEATHER OVERFLOWS

During periods of heavy rainfall, large pulses of water enter sewerage systems. When these pulses exceed the collection, treatment, or disposal capacity of a sewerage system, overflows occur. This is especially problematic for sewer systems that combine both sanitary sewage and stormwater (Combined Sewer Systems or CSS), such as the City and County of San Francisco's system (discussed under the municipal discharger section). All other municipalities in the region operate two distinct sewer systems. Wet weather is also problematic for separate systems because more water infiltrates the pipes leading to treatment plants. This problem is commonly referred to as inflow/infiltration (I/I). In either case, pulses of water during wet weather may cause untreated or partially treated wastewater to be discharged directly to surface water bodies.

Wet weather overflows of wastewater affect three types of beneficial uses: water contact recreation, non-contact water recreation, and shellfish harvesting. The water quality characteristics that can adversely affect these beneficial uses are pathogens, oxygen-demanding pollutants, suspended and settleable solids, nutrients, toxics, and floatable matter.

4.9.1 FEDERAL COMBINED SEWER OVERFLOW CONTROL POLICY

On April 11, 1994, the U.S. EPA adopted the Combined Sewer Overflow (CSO) Control Policy (50FR 18688). This policy establishes a consistent national approach for controlling discharges from CSOs to the nation’s water. Using the NPDES permit program, the policy initiates a two-phased process with higher priority given to more environmentally sensitive areas. During the first phase, the permittee is required to implement the following 9 Minimum Controls. These constitute the technology-based requirements of the Clean Water Act as applied to combined sewer facilities (best conventional treatment (BCT) and best available treatment (BAT)). These minimum controls can reduce CSOs and their effects on receiving water quality:

(1) Conduct proper operation and regular maintenance programs for the CSS and the CSO outfalls;

(2) Maximize use of the collection system for storage;

(3) Review and modify pretreatment programs to ensure that CSO impacts are minimized;

(4) Maximize flow to the POTW for treatment;

(5) Prohibit CSOs during dry weather;

(6) Control solids and floatable materials in CSOs;

(7) Develop and implement pollution prevention programs that focus on contaminant reduction activities;

(8) Notify the public; and

(9) Monitor to effectively characterize CSO impacts and the efficacy of CSO controls.

Compliance with the minimum controls shall be as soon as practicable, but no later than January 1, 1997. The permittee is also required to initiate development of a long-term control plan to select CSO controls, based on consideration of the permittee's financial capability.

The second phase of the process involves implementation of the long-term control plan developed in the first phase. Such implementation must provide for the attainment of water quality objectives and may result in additional site-specific technology-based controls, as well as water quality-based performance standards that are established based on best professional judgement. While numeric water quality-based effluent limits are not readily established due to unpredictability of a storm event and the general lack of data, the CSO Control Policy requires immediate compliance with water quality standards expressed in the form of a narrative limitation.

The Water Board intends to implement the federal CSO Control Policy for the combined sewer overflows from the City and County of San Francisco. The City and County of San Francisco has substantially completed implementation of the long-term CSO control plan (and is thereby exempted requirements to prepare a long-term control plan).

Additionally, the following is the Water Board's recommended approach to control the seasonal degradation of water quality that results from all wet weather overflows of wastewater, including POTWs with either combined and separate sewer systems, and industrial wastewater facilities. The overflow from San Francisco's combined sewer system is addressed by the CSO Control Policy described above.

4.9.2 CONCEPTUAL APPROACH

The recommended approach to controlling wet weather overflows of wastewater that contains particular characteristics of concern to beneficial uses is a combination of designated alternative levels of maintenance (i.e., combination of treatment levels and beneficial use protection categories) and guidance for the design of overflow discharge structures. The Water Board is not endorsing any specific control measures, but is presenting a conceptual framework that allows for the evaluation of costs and benefits. This framework can be used as guidance in adopting specific control measures. As with all of its programs, the Water Board will implement this conceptual approach consistent with the national goal of "...water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water."

Maintenance and associated treatment and overflow requirements are detailed in Table 4-8. The following requirements should be met for all overflows:

(a) Outfalls achieve an initial dilution of 10:1;

(b) Overflows receive treatment to remove large visible floatable material and to protect the outfall system; and

(c) Overflow locations be removed from dead-end sloughs and channels, and from close proximity to beaches and marinas.

Exceptions to (a) and (c) will be considered where an inordinate burden would be placed on the discharger relative to beneficial uses protected, and when an equivalent level of environmental protection can be achieved by alternative means, such as an alternative discharge site, a higher level of treatment, and/or improved treatment reliability.

The conceptual approach described above will be used by the Water Board in evaluating wet weather discharge conditions where polluted stormwater or process wastewater bypasses any treatment unit or units that are used in the normal treatment of the waste stream. Evaluation of such discharges must include identification of:

• Actual capacities of the collection system, each treatment unit, and the disposal system;
• Flow return period probabilities for the specific facility location;
• Cost of providing complete storage or treatment capacity and disposal capacity for flow return periods of 1, 5, and 20 years;
• Quality of the polluted stormwater and process wastewater for flow return periods of 1, 5, and 20, years; and
• Beneficial uses that may be affected by such discharges.

4.9.3 SURFACE IMPOUNDMENT OVERFLOW PROTECTION

In providing protection of waste management units against wet weather overflows, Chapter 15 requires that surface impoundments must have sufficient freeboard to accommodate seasonal precipitation and precipitation conditions specified for each class of waste management unit. Those specified precipitation conditions are probable maximum precipitation for Class I units; and the 1000-year, 24-hour precipitation for Class II units.

To guarantee the protection of water quality, the Water Board will interpret seasonal precipitation to be the 100-year return period wet season for Class I units and the 10-year return period wet season for Class II units. The sources to be used for determining the applicable precipitation for a given return period and location are California Department of Water Resources Bulletin No. 195 (or any update by the Department), local water agency publications, or other sources approved by the Executive Officer.

4.10 DISCHARGE OF TREATED GROUNDWATER

Cleanup of groundwater pollution sites often includes groundwater extraction, and thus creates the need for proper disposal of treated groundwater. The majority of the groundwater pollution cases in the Region involve surface spills, pipeline breaks, or leakages from tanks, vaults, sumps, surface impoundments, or landfills. Toxic pollutants commonly found in groundwater range from solvents (including volatile organic compounds [VOCs] and semi-volatile organic compounds [SVOCs]), petroleum hydrocarbons, heavy metals, or a combination of these pollutants. In many cases, the treated groundwater is discharged to surface waters via storm drains. These direct discharges would normally require an exception to the prohibitions against discharge into shallow or non-tidal waters.

To address this issue, the Water Board adopted Resolution No. 88-160 (see Chapter 5 Plans and Policies). The Resolution urges dischargers of groundwater extracted from cleanup projects to recycle (reclaim) their effluent. When recycling is not technically and/or economically feasible, discharges must be piped to a publicly-owned treament works (POTW). Furthermore, as required in State Water Board Resolution 89-21 (see Chapter 5 Plans and Policies), the Water Board recognizes the resource value of the extracted and treated groundwater and urges its utilization for the highest beneficial use for which applicable water quality standards can be achieved.

The Water Board will consider granting an exception to the discharge prohibitions only if (a) it has been demonstrated that neither recycling nor discharge to a POTW is technically or economically feasible, and (b) beneficial uses of the receiving water are not adversely affected. Such an exception is based on the Water Board's recognition that discharges allowed under the exception are an integral part of a program to cleanup polluted groundwater and thereby produce an environmental benefit.

Dischargers shall demonstrate that their groundwater extraction and treatment systems and associated operation, maintenance, and monitoring plans constitute acceptable programs for minimizing the discharge of toxic substances and for complying with effluent limitations deemed necessary for protection of the beneficial uses of receiving waters.

Applications for National Pollutant Discharge Elimination System (NPDES) permits to discharge treated groundwater directly to surface waters will be evaluated on a case-by-case basis. In some cases, the applicant may qualify for the requirements of a general NPDES permit for discharge of treated groundwater. The Water Board has adopted general NPDES permits for the following two types of groundwater cleanup projects:

(a) Groundwater polluted by fuel leaks and other related wastes at service stations and similar sites (NPDES General Waste Discharge Requirements for Discharge or Reuse of Extracted and Treated Groundwater Resulting from the Cleanup of Groundwater Polluted by Fuel Leaks and Other Related Wastes at Service Stations and Similar Sites, NPDES No. CAG912002); and

(b) Groundwater polluted by VOCs (NPDES General Waste Discharge Requirements for Discharge and Reuse of Extracted and Treated Groundwater Resulting from the Cleanup of Groundwater Polluted by Volatile Organic Compounds, NPDES No. CAG912003).

These general permits are intended to streamline a common regulatory process and are not available for groundwater discharges with constituents other than fuels and VOCs. The Water Board may renew, revise, or rescind the permits if deemed appropriate. The general permits specify effulent limitations for discharges to surface water bodies, establish self-monitoring requirements, and identify trigger levels for non-routine constituents that are used to determine if additional effluent sampling and treatability studies are needed. Updates to these two general permits are considered every five years.

4.11 MUNICIPAL FACILITIES (POTWs)

Table 4-9 is a list of municipal wastewater treatment facilities (excluding wet weather facilities) within the Region that discharge directly into surface waters. Figure 4-1 shows where these facilities are located in the region. Under normal operational conditions, these POTWs provide a minimum of secondary treatment. In addition, with more than thirty percent of the total flow receives advanced treatment.

Brief discussions of the issues specific to the City and County of San Francisco, South Bay dischargers, the Fairfield-Suisun Sewer District, the Livermore-Amador Valley, and the East Bay Municipal Utilities District are presented below.

4.11.1 CITY AND COUNTY OF SAN FRANCISCO

The City and County of San Francisco collects the wastewater in a combined sewer system. That is, the domestic sewage, industrial wastewater, and stormwater runoff are all collected in the same pipes (combined sewer). Such system is subject to overloading during severe storms. Most other communities in California have a separated sewer system: one set of pipes for domestic sewage and industrial wastes and another set for stormwater.

San Francisco is near completion of the primary components of its wastewater facilities master plan. This construction program began in 1974 with the publication of the Master Plan Environmental Impact Statement and Report. The integrated wastewater control system established by the master plan has been designed to provide control and treatment for both dry weather sewage and wet weather storm flows. All dry weather flows currently receive secondary level treatment. At program completion in 1996, all wet weather flows including stormwater runoff will be captured and will receive a specified level of treatment depending on the size of the storm. Pollutant removal from stormwater will be approximately 60 percent system-wide (measured as reduction in total suspended solids).

San Francisco is one of the first municipalities in the nation to complete a comprehensive control program for a combined sewer system. The expenditures for completing the wastewater master plan is about $1.45 billion.

The Southeast Water Pollution Control Plant is a major component of San Francisco's wastewater treatment system. The plant provides secondary level treatment for all dry weather domestic and industrial wastewater from the Bayside drainage area in San Francisco (approximately 75 percent of the total citywide flow). The Oceanside plant provides similar treatment on the Westside. The storage/transports around the periphery of the city store combined sewage for treatment after the storms subside. Additionally, northeast zone storm flows receive treatment at the Northpoint wet weather treatment plant.

4.11.2 SOUTH BAY MUNICIPAL DISCHARGERS (SAN JOSE/SANTA CLARA, PALO ALTO, AND SUNNYVALE)

The South Bay municipal dischargers consist of three sewage treatment facilities: the San Jose/Santa Clara Water Pollution Control Plant (WPCP), the Palo Alto Regional Water Quality Control Plant, and the Sunnyvale WPCP. These three plants serve all of the urban communities of Santa Clara County located in the Region. The South Bay municipal dischargers, as shown in Figure 4-1, presently discharge effluent receiving tertiary treatment (secondary plus nitrification, filtration, and disinfection) to shallow sloughs contiguous with the Bay, south of the Dumbarton Bridge.

The existing discharge locations for the Lower South SF Bay municipal wastewater dischargers are contrary to Basin Plan policy concerning discharge prohibitions (listed in Table 4-1). Exceptions to the first three of these prohibitions are discussed in Section 4.2 Discharge Prohibitions Applicable Throughout the Region.

State Water Board Order WQ 90-5 (1990) found that a net environmental benefit exception to these prohibitions could not be made for the three South Bay municipal discharges. However, the Order found that a finding of equivalent protection can be made if water quality based concentration limits for metals and revised mass loading limits for metals are placed in the dischargers' NPDES permits, if Sunnyvale and San Jose/Santa Clara continue avian botulism control programs, and if San Jose/Santa Clara implements mitigation for loss and degradation of endangered species habitat. Order WQ 90-5 also included provisions that would prevent increases in flows that would adversely impact endangered species habitats. In subsequent NPDES permit reissuances and Water Board resolutions from 1993 through 2003, the South Bay municipal dischargers met the three conditions required to support a finding of equivalent protection. The three conditions for granting the discharge prohibition must be confirmed at each NPDES permit reissuance.

4.11.3 FAIRFIELD-SUISUN SEWER DISTRICT (FSSD)

The FSSD's tertiary wastewater treatment plant has a dry weather treatment capacity of 17.5 million gallons per day (mgd), a wet weather capacity of 40 mgd, and 45 million gallons of off-line storage capacity. The District is currently treating 13 mgd (1993 dry weather data) from a service population of about 111,000. In order to comply with the Water Board's prohibition against dry weather discharges to the Suisun Marsh, FSSD operates a reclamation project in cooperation with the Solano Irrigation District. However, due to various contractual, legal and economic constraints, only about 40 percent of the treatment plant's annual effluent flow is reclaimed for agricultural irrigation. The remainder is discharged to Boynton Slough in Suisun Marsh.

The Water Board required FSSD to conduct an investigation to evaluate the discharge’s impact on water quality conditions and beneficial uses of the receiving waters. This investigation was completed in 1987 and found that the discharge has some measurable local effects on water quality in Boynton Slough, but that beneficial uses are not impaired by the discharge. The study concluded that, overall and on a year-round basis, the discharge affords a net environmental benefit to Boynton Slough and the Suisun Marsh.

Given the findings of this study, the plant's high degree of operational redundancy and emergency storage capacity, and continued efforts by FSSD to maximize the use of reclaimed water, the Water Board has granted FSSD an exception to the Basin Plan prohibition. The Water Board allows, through the NPDES permit issued to FSSD, that portion of FSSD's tertiary effluent which cannot be reclaimed to be discharged to Boynton Slough on a year-round basis.

4.11.4 LIVERMORE-AMADOR VALLEY

The primary Water Board concern in the Livermore-Amador Valley (Valley) is the increase in salt loading that has occurred in the Valley's main groundwater basin. It is projected that with natural saline sources and and historical basin management practices, and with minimal water recycling, there will be a net salt loading increase from an average of 4,000 tons per year to 6,000 tons per year, resulting in a 10 milligram per liter (mg/L) per year increase in total dissolved solids (TDS) in groundwater. As a result, it has become increasingly important to develop and implement an integrated water/wastewater resource operational plan to protect the water quality and beneficial uses of the groundwater basin.

To achieve this goal, the Water Board supports local water management efforts to concurrently improve the salt balance in the main basin, to increase the local water supply, and to reduce the need for wastewater export through recycled water irrigation and groundwater recharge and other basin management practices.

4.11.4.1 SALT MANAGEMENT IN THE LIVERMORE-AMADOR VALLEY

The Livermore-Amador Valley groundwater basin is located in the middle of the Livermore-Amador Valley in eastern Alameda County and is primarily a closed groundwater basin within the Alameda Creek Watershed with multiple groundwater sub-basins of variable water quality. The Main Basin (that portion underlying the Cities of Livermore and Pleasanton) has the highest water quality, supplies most of the municipal wells in the area, and is used to store and distribute high quality imported water.

Alameda Creek and its tributaries recharge the Valley's groundwater basin and serve as channels to convey water released from the South Bay Aqueduct (SBA) to the main basin and the Niles Cone groundwater basin for artificial recharge. During dry weather, creek flow consists primarily of SBA release water.

The Alameda County Flood Control and Water Conservation District, locally known as the Zone 7 Water Agency (Zone 7), is the potable water wholesaler for most of the Valley and operates facilities to import and treat surface water from the State Water Project, groundwater wells, and distribution pipelines. Zone 7 serves as the overall water quality management planning agency for the Livermore-Amador watershed and is responsible for managing the Valley's surface water and groundwater resources for the Valley's drinking water supply.

Dublin-San Ramon Services District (DSRSD) distributes potable water and treats wastewater in the western portion of the Valley, including parts of Contra Costa County. The City of Livermore distributes potable water to about one-fourth of Livermore and treats wastewater from the city and the adjacent national laboratories, Lawrence Livermore and Sandia National Laboratories.

The City of Livermore and DSRSD are member agencies of the Livermore-Amador Valley Water Management Agency (LAVWMA). Since 1980, wastewater has been exported from the Valley via LAVWMA-operated facilities that connect to the East Bay Dischargers Authority's (EBDA) interceptor in San Leandro. These waters are ultimately discharged through the EBDA outfall into south San Francisco Bay west of the Oakland Airport.

The current surface water quality objectives for the Alameda Creek Watershed above Niles (Table 3-7) were adopted in 1975. They were based on historic SBA water quality primarily to prevent degradation by wastewater discharges of imported SBA water being conveyed and used for groundwater recharge during dry weather periods. Wastewater discharges were terminated in 1980.

4.11.4.2 WATER RECYCLING AND VALLEY WATER - WASTEWATER MANAGEMENT

The water and wastewater agencies of the Valley have studied water recycling as an alternative to import of new water supplies and export of wastewater since the early 1970 (see Section 4.16 Water Recycling).

Zone 7, DSRSD and the City of Livermore's interests in water recycling have increased over the years due to droughts, continuing scarcity of new water supplies, institutional barriers to increasing wastewater export capacity from the Valley, and increasing public acceptance of water recycling throughout California. Technological advances and reduced costs of demineralization also now make groundwater recharge with demineralized recycled water a technically viable tool to help manage salt concentrations in the Valley.

Valley-wide water recycling is consistent with the Water Board's policy on recycled water, which states in part that disposal of wastewater to inland, estuarine, or coastal waters is not considered a permanent wastewater disposal solution where the potential exists for conservation and water recycling (see Section 4.16 Water Recycling). As directed by California Water Code (Water Code) Sections 13511 and 13512, the Water Board strongly supports the use of recycled water to supplement existing surface water and groundwater supplies and will work with agencies to facilitate development of water recycling facilities.

The Valley water and wastewater agencies jointly sponsored the "Livermore-Amador Valley Water Recycling Study" (May 1992) that includes a comprehensive investigation of water recycling options. The study documented the Valley's hydrogeology. It also identified and analyzed potential projects throughout the Valley, including irrigation with non-demineralized effluent, groundwater recharge with demineralized effluent, and export of brine. The report included a discussion of how water recycling could be implemented in conformance with Water Board requirements and Zone 7 policies and still manage salt loading on a Valley-wide scale.

The report also detailed a strategy for developing a water recycling program incrementally, beginning with small demonstration projects to gain experience and public acceptance and building up to large-scale projects that could contribute substantially to water supply and wastewater disposal needs in future years.

The 1992 study documented that between 19,000 and 38,000 acre-feet per year of recycled water could be beneficially reused within the Valley via irrigation and groundwater recharge. Well-established technologies and procedures exist for accomplishing such uses and could be in full compliance with Water Board requirements and the Department of Health Services's (DHS) Title 22 CCR requirements. The long-operating Orange County Water District Water Factory 21 project has served as a model for many recycled water groundwater recharge facilities.

4.11.