WHEREAS:

1. The California Regional Water Quality Control Board, Santa Ana Region (SARWQCB) adopted a revised Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) on March 11, 1994.

2. The Basin Plan includes a narrative objective for nutrients in Newport Bay and narrative and numerical objectives for the San Diego Creek Watershed which are not being met and beneficial uses have been adversely impacted. The SARWQCB has listed Newport Bay and San Diego Creek as being water quality limited in accordance with Section 303(d) of the Federal Clean Water Act (CWA).

3. Section 303(d) requires the establishment of the Total Maximum Daily Load (TMDL) of nutrients that can be discharged while still ensuring compliance with water quality standards. Section 303(d) also requires the allocation of the TMDL among the sources of nutrients (Load Allocations) and an implementation plan and schedule that will ensure that compliance with water quality standards will be achieved.

4. On April 17, 1998, the SARWQCB adopted Resolution No. 98-09 (Attachment 1) amending the Basin Plan by establishing a TMDL for nutrients discharged in the Newport Bay/San Diego Creek Watershed.

5. The State Water Resources Control Board (SWRCB) finds that the proposed Basin Plan amendment is in conformance with the requirements for TMDL development specified in CWA Section 303(d).

6. The SWRCB finds that the proposed amendment complies with requirements of SWRCB Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California).

7. Section 13240 of the Water Code specifies that basin plans be periodically reviewed and, if appropriate, revised.

8. The SARWQCB staff prepared documents and followed procedures satisfying environmental documentation requirements in accordance with the California Environmental Quality Act and other State laws and regulations.

9. This Basin Plan amendment does not become effective until approved by the SWRCB and the U.S. Environmental Protection Agency (U.S. EPA) and until the regulatory provisions are approved by the Office of Administrative Law (OAL).

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves SARWQCB Resolution No. 98-09 amending the Basin Plan by establishing a TMDL for nutrients discharged in the Newport Bay/San Diego Creek Watershed.

2. Authorizes SWRCB staff to submit the approved Basin Plan amendment to the U.S. EPA and the regulatory provisions to OAL for approval.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 13, 1998.

/s/

Maureen Marché

Administrative Assistant to the Board

Note: SARWQCB RS 98-09 is not available electronically. For copies, contact:

Steve Fagundes/Division of Water Quality/State Water Resources Control Board/P.O. Box 944213/Sacramento, CA 94244-2130/(916) 657-0914 or FAX (916) 654-8375