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STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 99 - 065
ADOPTION OF THE CONSOLIDATED TOXIC HOT SPOTS CLEANUP PLAN
WHEREAS:

1. The Bay Protection and Toxic Cleanup Program (BPTCP) was established by the State Water Resources Control Board (SWRCB) to implement the requirements of Section 13390 et seq. of the Water Code.

2. Water Code Section 13394 requires the SWRCB and the Regional Water Quality Control Boards (RWQCBs) to develop a Consolidated Toxic Hot Spots Cleanup Plan (Consolidated Cleanup Plan).

3. The SWRCB adopted a Water Quality Control Policy for Guidance on the Development of Regional Toxic Hot Spot Cleanup Plans (Guidance Policy) to be used by the RWQCBs in preparing their cleanup plans.

4. Each of the seven coastal Regional Water Quality Control Boards (RWQCBs) used the Guidance Policy in the development of their Regional Toxic Hot Spots Cleanup Plans and has submitted the Plans to the SWRCB.

5. The SWRCB has consolidated the Regional Toxic Hot Spots Cleanup Plans into a Consolidated Cleanup Plan.

6. The SWRCB prepared and circulated a draft Functional Equivalent Document (FED) supporting the proposed Consolidated Cleanup Plan in accordance with provisions of the California Environmental Quality Act and Title 14, California Code of Regulations Section 15251(g).

7. In compliance with Water Code Section 13147, the SWRCB held a public hearing in Sacramento, California, on June 3, 1999 on the Consolidated Cleanup Plan and has carefully considered all testimony and comments received.

8. The SWRCB staff determined that the adoption of the proposed Consolidated Cleanup Plan will not have a significant adverse effect on the environment.

9. The SWRCB staff has prepared a final FED that includes the revised proposed Consolidated Cleanup Plan and has responded to the comments received.

10. The SWRCB consulted with the Department of Fish and Game (DFG) on the potential impacts of the amendments on fish and wildlife resources, including threatened and endangered species. DFG did not find that the Consolidated Cleanup Plan will jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of habitat essential to the continued existence of the species.

11. The SWRCB completed a scientific peer review of the draft FED as required by Section 57004 of the Health and Safety Code.

12. As directed at the June 3, 1999 public hearing, SWRCB staff met with representatives of the RWQCBs, DFG and interested parties to discuss specific comments and concerns, and has made minor revisions to the Consolidated Cleanup Plan accordingly.

13. The regulatory provisions of the Water Quality Control Policy do not become effective until the regulatory provisions are approved by the Office of Administrative Law (OAL).

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves the Final Functional Equivalent Document: Consolidated Toxic Hot Spots Cleanup Plan.

2. Adopts the Consolidated Toxic Hot Spots Cleanup Plan.

3. Approves the Central Valley RWQCB's request for a variance from the provision of the Guidance Policy in order to address pesticide regulation under the Clean Water Act Section 303(d) Total Maximum Daily Load (TMDL) process. The RWQCB shall report to the SWRCB annually on progress toward completing the TMDLs.

4. Directs the RWQCBs to consult with DFG on compliance with the California Endangered Species Act during the implementation of the Consolidated Cleanup Plan.

5. Authorizes the Executive Director, or his designee, to submit the Consolidated Cleanup Plan to the California Legislature by June 30, 1999 in compliance with Section 13394 of the California Water Code.

6. Authorizes the Executive Director, or his designee, to submit the regulatory provisions of the Consolidated Cleanup Plan to OAL for its approval.

CERTIFICATION

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 June 17, 1999.

/s/
Maureen Marché
Administrative Assistant to the Board