STATE WATER RESOURCES CONTROL BOARD MEETING

SACRAMENTO, CALIFORNIA

JUNE 15, 2000

ITEM: 15

SUBJECT:

CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE WATER

QUALITY CONTROL PLAN FOR THE LOS ANGELES REGION INCORPORATING

A TOTAL MAXIMUM DAILY LOAD FOR TRASH FOR THE EAST FORK OF THE

SAN GABRIEL RIVER

DISCUSSION:

The Water Quality Control Plan for the Los Angeles Region (Basin Plan) was adopted by the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB), on June 13, 1994, and approved by the State Water Resources Control Board (SWRCB) on November 17, 1994, and by the Office of Administrative Law (OAL) on February 23, 1995. In 1996, the LARWQCB identified the East Fork of the San Gabriel River (East Fork) as being impaired due to trash pursuant to Section 303(d) of the Federal Clean Water Act (CWA). In making that finding, the LARWQCB determined that some of the designated water quality objectives and beneficial uses for the East Fork are not being attained.

Because the East Fork was listed as impaired for trash under Section 303(d), the CWA requires that a Total Maximum Daily Load (TMDL) be established for this water body. A TMDL specifies load allocations that, when implemented, are expected to result in the attainment of applicable water quality standards. On October 28, 1999, the LARWQCB adopted

Resolution No. 99-15 (Attachment A) amending the Basin Plan by (1) modifying the Table of Contents, (2) adding introductory text for Chapter 7 (TMDLs), and (3) establishing a TMDL for Trash for the East Fork. On May 25, 2000, the LARWQCB adopted Resolution No. 00-10 (Attachment B), which revised the TMDL implementation dates contained within Resolution No. 99-15.

The East Fork is located in Los Angeles County in the Angeles National Forest under the jurisdiction of the U.S. Forest Service (USFS). Due to its proximity to a large urban area, the relatively pristine East Fork is a popular destination for visitors. Litter deposition by visitors is concentrated in four informal picnic areas by the East Fork, covering a total of approximately 39 acres.

On a typical summer weekend, about 8,000 people use these four areas daily, mainly for picnicking, swimming, and wading. According to USFS estimates, over 400 32-gallon bags of trash is generated per weekend day, half of which is left in the streambed and river terrace area as litter. Factors attributing to the littering include the lack of conveniently located trash receptacles, supervision, signs, and developed sites. Access to the sites is steep, tempting users to leave garbage behind. The USFS conducts daily trash sweeps to remove this litter, which are mostly picnic related items (such as paper, plastic, styrofoam, glass, and metal products; clothing; diapers; charcoal; and food). The informal nature of the picnic sites makes remedial trash collection difficult.

The designated beneficial uses of the East Fork that are potentially adversely affected by the litter are: contact and non-contact water recreation, cold and warm freshwater habitat, rare species habitat, spawning habitat, wetlands habitat, and wildlife habitat. To protect these uses, the TMDL for the East Fork sets a numeric target of no trash in the river. The numeric target is based upon an interpretation of the narrative objectives within the Basin Plan which apply to solid, suspended, settable, and floating materials.

To meet this target, the load allocation assigned to the USFS, as the responsible party, is zero trash discharged to the river. An implicit margin of safety is contained in the TMDL, based on a conservative interpretation of the narrative standard. The USFS must submit a TMDL implementation plan within 60 days of the effective date of this amendment. The implementation plan should include a detailed discussion of litter control measures to be implemented to meet the load allocation. Implementation and monitoring must begin no later than 90 days after the effective date of this amendment. The USFS must demonstrate compliance by April 1, 2003.

POLICY ISSUE:

Should the SWRCB:

1. Approve LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution

No. 00-10, which amends the Water Quality Plan for the Los Angeles Region with the following understandings:

(a) Under existing law, the numeric target of “no trash in the river” is a goal, not an enforceable water quality standard. The LARWQCB can enforce only the applicable water quality standards.

(b) Under existing law, the LARWQCB can take enforcement action, consistent with this TMDL, for actual or threatened trash discharges to the East Fork San Gabriel River that violate applicable water quality standards for trash. The applicable standards contain narrative objectives prohibiting floating, solid, suspended or settleable materials in the receiving waters in concentrations that cause nuisance or adversely affect beneficial uses. In addition, the LARWQCB can take enforcement action if the USFS fails to submit the TMDL Implementation Plan or fails to conduct the monitoring required under this TMDL.

2. Request that the LARWQCB, in addition to requiring the USFS to develop more BMPs, ask other appropriate agencies to act if the LARWQCB determines that the BMPs described on pages 14 and 15 of the LARWQCB report entitled “East Fork San Gabriel River, Litter TMDL,” May 25, 2000, are inadequate to achieve the numeric target of zero trash.

3. Recommend that the LARWQCB compare monitoring results for trash to the numeric target through statistical interpretation of time-series of monitoring data and that the LARWQCB consider the numeric target to be achieved if the monitoring data do not differ at a statistically significant level from the numeric target.

4. Authorize staff to submit the regulatory provisions of LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution No. 00-10, to OAL for approval.

5. Authorize staff to submit LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution No. 00-10, to the U.S. Environmental Protection Agency (U.S. EPA) for approval, upon approval by OAL.

FISCAL IMPACT:

LARWQCB and SWRCB staff work associated with or resulting from this action can be accommodated within budgeted resources.

RWQCB IMPACT:

Yes, LARWQCB.

STAFF RECOMMENDATION:

The SWRCB:

1. Approves LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution
No. 00-10, which amends the Water Quality Plan for the Los Angeles Region with the following understandings:

(a) Under existing law, the numeric target of “no trash in the river” is a goal, not an enforceable water quality standard. The LARWQCB can enforce only the applicable water quality standards.

2. Requests that the LARWQCB, in addition to requiring the USFS to develop more BMPs, ask other appropriate agencies to act if the LARWQCB determines that the BMPs described on pages 14 and 15 of the LARWQCB report entitled “East Fork San Gabriel River, Litter TMDL,” May 25, 2000, are inadequate to achieve the numeric target of zero trash.

3. Recommends that the LARWQCB compare monitoring results for trash to the numeric target through statistical interpretation of time-series of monitoring data and that the LARWQCB consider the numeric target to be achieved if the monitoring data do not differ at a statistically significant level from the numeric target.

4. Authorizes staff to submit the regulatory provisions of LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution No. 00-10, to OAL for approval.

5. Authorizes staff to submit LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution No. 00-10, to U.S. EPA for approval, upon approval by OAL.

Note: LARWQCB Resolution No. 99-15 (Attachment A) and LARWQCB Resolution No. 00-10 (Attachment B) are not available electronically. For copies, contact:

Joanna Jensen (916) 657-1036 or

Jody Guro (916) 657-0808

Division of Water Quality

SWRCB

P.O. Box 944213

Sacramento, CA 94244-2130

FAX (916) 657-2388

_______________________________________________________________________________________________

JUNE 9, 2000 DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2000-

APPROVAL OF AN AMENDMENT TO THE WATER QUALITY

CONTROL PLAN FOR THE LOS ANGELES REGION

INCORPORATING A TOTAL MAXIMUM DAILY LOAD FOR

TRASH FOR THE EAST FORK OF THE SAN GABRIEL RIVER

WHEREAS:

1. The California Regional Water Quality Control Board, Los Angeles Region (LARWQCB), adopted a revised Water Quality Control Plan for the Los Angeles Region (Basin Plan) on June 13, 1994, which was approved by the State Water Resources Control Board (SWRCB) on November 17, 1994 and by the Office of Administrative Law (OAL) on February 23, 1995.

2. On October 28, 1999 the LARWQCB adopted Resolution No. 99-15 (Attachment A) amending the Basin Plan by establishing a Total Maximum Daily Load (TMDL) for trash for the East Fork of the San Gabriel River (Trash TMDL). On May 25, 2000, the LARWQCB adopted Resolution No. 00-10 (Attachment B), which revised the TMDL implementation dates contained within Resolution No. 99-15.

3. The SWRCB finds that the Trash TMDL is in conformance with the requirements for TMDL development specified in Section 303(e) of the Federal Clean Water Act (CWA) and SWRCB Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California).

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

5. The SWRCB will work with the California Department of Fish and Game to ensure that threatened or endangered species are protected, pursuant to Fish and Game Code Section 2055.

6. A Basin Plan amendment does not become effective until approved by the SWRCB and until the regulatory provisions are approved by OAL and the U.S. Environmental Protection Agency (USEPA).

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution No. 00-10, which amends the Water Quality Plan for the Los Angeles Region with the following understandings:

(a) Under existing law, the numeric target of “no trash in the river” is a goal, not an enforceable water quality standard. The LARWQCB can enforce only the applicable water quality standards.

4. Authorizes staff to submit the regulatory provisions of LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution No. 00-10, to OAL for approval.

5. Authorizes staff to submit LARWQCB Resolution No. 99-15, as amended by LARWQCB Resolution No. 00-10, to U.S. EPA for approval, upon approval by OAL.

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 15, 2000.

Maureen Marché