cv-salts executive committee meeting - kern river 2017 cv-salts meeting p… · cv-salts executive...

One or more Central Valley Regional Water Quality Board members may attend.

CV-SALTS Executive Committee MeetingThursday, June 15, 2017 – 9:00 AM to 3:00 PM - Sunset Maple Room

Sacramento Regional Sanitation District Offices 10060 Goethe Rd, Sacramento 95827

Teleconference (641) 715-3580 Code: 279295#

Go-To-Meeting Link: https://global.gotomeeting.com/join/219900669

Posted 06-06-17 – Revised 06-14-17

1) Welcome and Introductions - Chair

a) Committee Roll Call and Membership Roster -10 minsb) Approve April Meeting notes - 5 mins

2) Basin Plan Amendment Language – Discussion of Preliminary Drafts – Tess Dunham, Richard

Meyerhoff (2 hrs.)

Policy for Control and Permitting of Nitrate Discharges to Groundwater in the Sacramento-San Joaquin River Basins and in the Tulare Lake Basin

Policy for Control and Permitting of Salinity Discharges to Groundwater in the Sacramento-San Joaquin River Basins and in the Tulare Lake Basin

3) “Coordinating” With CV-SALTS for Other Basin Plan Amendments – Daniel Cozad (15 mins.)

Discuss future Basin Plan Amendments for Oil and Gas and ILRP programs and coordinationwith CV-SALTS

11:30 am to 1:00 pm - Lunch on Your Own

Continuation of Morning Discussion-BPA Language – Tess Dunham, Richard Meyerhoff (1 hr. 15 mins.)

4) Grant Scope of Work Approval – Daniel Cozad (15 mins.)

5) Public Education and Outreach Update – Daniel Cozad (15 mins.)

Outreach Status

Printing of 11x17

Industry/Community Inserts - Initial Drafts – Status Update o ILRP – Dairy – Northern Ag

6) Review Meeting Schedule/Location

Admin Meeting – July 13th – 1:00-2:30

August 17th - Executive Committee Policy Session @ Sac Regional – 9:00-3:00 CV-SALTS meetings are held in compliance with the Bagley-Keene Open Meeting Act set forth in Government Code sections 11120-11132(§ 11121(d). The public is entitled to have access to the records of the body which are posted at http://www.cvsalinity.org

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https://global.gotomeeting.com/join/219900669

http://www.cvsalinity.org/

CV-SALTS Committee Rosters

Voters Category/Stakeholder Group Name 8-Jul 1-Aug 5-Aug 10-Aug 11-Aug 14-Sep 15-Sep 16-Sep 14-Oct 20-Oct 10-Nov 2-Dec 12-Jan 2-Feb 16-Mar 20-Apr 15-Jun

1 Central Valley Water Board Pamela Creedon ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Alt Central Valley Water Board Jeanne Chilcott ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

2 State Water Resources Control Bd. Darrin Polhemus ✔ ✔ ✔ ✔

3 Department of Water Resources Jose FariaAlt Department of Water Resources4 US Bureau of Reclamation Ellwood Raley ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

5 Environmental Justice Laurel Firestone ✔ ✔ ✔ ✔6 Environmental Water Quality TBD

CV Salinity Coalition1 So. San Joaquin WQC Casey Creamer ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

2 City of Stockton Robert Granberg ✔ ✔ ✔ ✔ ✔ ✔

3 California Cotton Growers Chris McGlothlin ✔ ✔ ✔ ✔

4 City of Fresno Rosa Lau-Staggs ✔ ✔ ✔ ✔ ✔

5 CA Leaque of Food Processors Trudi HughesAlt CA Leaque of Food Processors Rob Neenan ✔ ✔ ✔ ✔

6 NCWA/SVWQC Bruce Houdesheldt ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

7 City of Tracy Erich DelmasAlt City of Tracy Dale Klever8 Sacramento Regional CSD Lysa Voight ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Alt Sacramento Regional CSD Sam Safi

9 San Joaquin Tributaries Authority Dennis Westcot ✔

10 Valley Water Management Jim Waldron ✔ ✔ ✔ ✔ ✔ ✔ ✔

Alt Valley Water Management Melissa Thorme ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

11 California Rice Commission Tim Johnson ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

12 City of Davis Josie Tellers ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

13 Tulare Lake Drainage/Storage District Mike Nordstrom ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

14 Western Plant Health Assoc. Renee Pinel ✔ ✔ ✔ ✔ ✔

15 City of Vacaville Steve Sawyer ✔

Alt City of Vacaville Tony Pirondini ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

16 Dairy Cares J.P. Cativiela ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Alt Dairy Cares Paul Sousa ✔ ✔17 Westlands Water District Jose Guiterrez ✔

Alt Westlands Water District Charlotte Gallock ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Comm. Chairs/Co-chairs 1 Chair Executive Committee Parry Klassen, ESJWQC ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

2 Vice Chair Executive Committee Debbie Webster CVCWA ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Technical Advisory Committee Roger Reynolds, S Engr. ✔ ✔ ✔ ✔ ✔ ✔ ✔

Technical Advisory Committee Nigel Quinn, LBL ✔ ✔ ✔ ✔ ✔

4 Public Education and Outreach Nicole Bell ✔ ✔ ✔ ✔ ✔ ✔ ✔

5 Economic and Social Cost Committee David Cory, SJVDA ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔6 Lower San Joaquin River Committee Karna Harrigfeld, SEWD ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

CV-SALTS Executive Committee Meetings - 2016-2017Executive Committee Membership

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CV-SALTS Committee Rosters

Last First Organization 8-Jul 1-Aug 5-Aug 10-Aug 11-Aug 14-Sep 15-Sep 16-Sep 14-Oct 20-Oct 10-Nov 2-Dec 12-Jan 2-Feb 16-Mar 20-Apr 15-Jun

Archibald Elaine CUWA ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Ashby Karen LWA ✔ ✔ ✔ ✔ ✔ ✔

Barclay Diane SWRCB ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Bell Nicole KRWCA ✔ ✔ ✔ ✔ ✔ ✔ ✔

Brown Michelle RBI ✔ ✔

Bryant Mike RBI ✔ ✔

Buford Pam CVRWQCB ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Carlo Penny Carollo Engineers ✔ ✔

Cady Mark CDFA ✔ ✔ ✔ ✔ ✔ ✔

Cehrs David KRCD

Claiborne Mike Leadership Counsel

Clary Jennifer CWA ✔

D'Adamo Dee Dee SWRCB

Deeringer Andrew SWRCB

Delehant Gail

Dickey John Plantierra ✔ ✔ ✔ ✔ ✔ ✔ ✔

Doduc Tam SWRCB

Dunham Tess Somach Simmons ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Escobar Juan DWR ✔ ✔ ✔ ✔ ✔ ✔

Fink Cody LANDIQ ✔ ✔

Fuentes Robert Leadership Counsel

Garcia Rick CRC ✔ ✔ ✔ ✔ ✔

Gonzalez Armando Occidental Oil & Gas

Gosling Doug

Grovhoug Tom LWA ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Gudel Casey LANDIQ ✔

Johnson Alex Freshwater Trust

Johnson Michael LSJRC ✔ ✔ ✔ ✔ ✔

Kihara Annalisa SWRCB

Kimmelshue Joel LANDIQ ✔

Kotin Adam Wine Institute ✔

Kretsinger Grabert Vicki LSCE ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Kubiak Rachel Western Plant Health Assoc. ✔

Kuzelka Timothy CWC

ADDITIONAL PARTICIPANTS:

Participant Names CV-SALTS Executive Committee Meetings -2016-2017

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Last First Organization 8-Jul 1-Aug 5-Aug 10-Aug 11-Aug 14-Sep 15-Sep 16-Sep 14-Oct 20-Oct 10-Nov 2-Dec 12-Jan 2-Feb 16-Mar 20-Apr 15-Jun

Laputz Adam CVRWQCB ✔ ✔ ✔

Larson Bobbi CASA ✔ ✔

LeClaire Joe CDM Smith ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Lilien Jonathan Chevron ✔

Link Adam CASA ✔

Longley Karl CVRWQCB ✔ ✔ ✔ ✔ ✔ ✔

McGahan Joe SJVDA ✔ ✔

McLellan Laura SWRCB

McReynolds Scott ✔

Meeks Glenn CVRWQCB ✔ ✔ ✔ ✔ ✔ ✔ ✔

Meyerhoff Richard CDM Smith ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Moore Tim Risk-Sciences ✔ ✔ ✔ ✔ ✔ ✔ ✔

Nasaei Elnaz SWRCB

Okita David CWC

Ores Debi CWC ✔

Peschel Paul KRCD ✔

Pritchett Gregory Chevron

Pulupa Patrick CVRWQCB ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Pitcher Jennifer West. States Petroleum

Reedy Chris VWM ✔

Rempel Jenny CWC

Rodgers Clay CVRWQCB ✔ ✔ ✔ ✔

Savage Chris Gallo ✔

Schultz Paul CDM Smith ✔ ✔ ✔

Seyfried Scott DWR

Seaton Phoebe CRLA ✔

Segal Daniel Chevron

Stamps Alicia Kennedy/Jenks

Thomas Bill KRCD ✔ ✔ ✔ ✔ ✔ ✔ ✔

Tillman Stephanie LANDIQ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔

Tristao Dennis J.G. Boswell ✔

Trouchon Mike LWA ✔

Wackman Mike SJ County/Delta Water ✔ ✔ ✔ ✔

Zimmerman Christine ✔ ✔ ✔ ✔ ✔ ✔ ✔

ADDITIONAL PARTICIPANTS:

Participant Names CV-SALTS Executive Committee Meetings -2016-2017

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CV-SALTS Executive Committee Meeting - Summary Action Notes For April 20, 2017 – 9:00 AM to 3:00 PM

Attendees are listed on the Membership Roster

DISCUSSION ITEMS

1) Welcome and Introductions a) Executive Committee Chair Parry Klassen brought the meeting to order, and roll call was completed. b) David Cory moved, and Jeanne Chilcott seconded, and by general acclamation the February meeting

notes were approved, with the following revision: Remove the word “Agenda” from the top of page 1. c) Richard Meyerhoff provided an overview of the basin plan amendment development process going

forward.

A preliminary draft of the basin plan amendment will be presented at the August Policy Meeting, with the full draft released for public comment in October. A workshop is planned for December, and the finalized amendment to the Regional Board in early 2018.

2) Comments from Workshop and additional work needed

Richard Meyerhoff and Tess Dunham presented the following documents outlining the proposed development process for the basin plan amendment sections:

Draft Outline Salt & Nitrate Basin Plan Amendment

Policy for Control and Permitting of Salinity Discharges in the Sacramento-San Joaquin River Basins and in the Tulare Lake Basin (Draft Outline)

Policy for Control and Permitting of Nitrate Discharges to Groundwater in the Sacramento-San Joaquin River Basins and in the Tulare Lake Basin (Draft Outline)

Jeanne Chilcott asked if the EJ group and water purveyors would be able to provide their recommended draft language for their proposed alternatives. Phoebe Seaton indicated she will set up a meeting with Jeanne and Tess Dunham to discuss that option. Jeanne will also contact Elaine Archibald about drafting similar language for that group.

3) Grant Scope and Constraints

4) Continuation of Morning Discussion Daniel Cozad presented the proposed CAA Funded Grant Efforts for SNMP Implementation. Some of

the feedback from the committee:

Lower the funding allocated for P&O Study, focus on development of 10-yr workplan.

Increase the Management Zone allocation, don’t specify the number of zones, focus on the development of a template.

Specify the deliverables.

Need to include surface water references so it does not look groundwater centric.

$100,000 per Management Zone is probably more realistic. Daniel will revise the grant proposal based on committee feedback and bring the revised version back

to the next Executive Committee meeting.

5) Salinity Permitting Strategy P&O Study and other costs

Discuss potential approaches to Salinity Permit Requirements and funding Daniel Cozad presented a proposal for Fee Approaches for Salinity Permitting and asked the committee

to consider the proposed fee option and provide feedback.

Specifically, is the unit noted correct for the permittee?

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https://www.cvsalinity.org/docs/agendas-notes-and-materials/meeting-materials/3773-draft-outline-salt-nitrate-basin-plan-amendment-042017-1/file.html

https://www.cvsalinity.org/docs/agendas-notes-and-materials/meeting-materials/3772-draft-outline-bpa-salinity-management-strategy-042017-1/file.html

https://www.cvsalinity.org/docs/agendas-notes-and-materials/meeting-materials/3772-draft-outline-bpa-salinity-management-strategy-042017-1/file.html

https://www.cvsalinity.org/docs/agendas-notes-and-materials/meeting-materials/3771-outline-of-nitrate-policy-1/file.html

https://www.cvsalinity.org/docs/agendas-notes-and-materials/meeting-materials/3771-outline-of-nitrate-policy-1/file.html

https://www.cvsalinity.org/docs/agendas-notes-and-materials/meeting-materials/3748-caa-funded-grant-efforts-for-snmp-implementation/file.html

https://www.cvsalinity.org/docs/agendas-notes-and-materials/meeting-materials/3744-fee-approaches-for-salinity-permitting/file.html

Per Debbie Webster the correct unit for POTW is “Average Dry Weather Flow”

How to ensure the approach is feasible and equitable? Committee members should email feedback to Daniel.

6) PEOC Updated

Daniel Cozad summarized the communications update that was presented to the Regional Board April 7th.

Daniel also presented the latest version of the 11 X 17 brochure developed by the PEOC and asked committee members to send any edits/changes needed as soon as possible. The brochure will be finalized and sent for printing soon. Committee members should send total number of copies needed to Daniel, or PEOC Chair Nicole Bell.

7) Review Next Meetings - Schedule/Location

The May 18th Policy meeting will probably not be necessary, but the date is being held for small group work/meetings.

Anyone interested in participating in the Salt or Nitrate small group please email Daniel or Daphne.

Policy Meeting: June 14th & 15th @ Sac Regional

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DRAFT Policy for Control and Permitting of Nitrate Discharges to Groundwater in the

Sacramento-San Joaquin River Basins and in the Tulare Lake Basin

The Policy for Control and Permitting of Nitrate Discharges to Groundwater in the Sacramento-San Joaquin River Basins and in the Tulare Lake Basin (Nitrate Control Program) applies to all groundwater basins that are designated with the municipal and domestic (MUN) beneficial use. This amendment was adopted by the Central Valley Water Board on XX April 2018, and approved by the State Water Resources Control Board on X ______ 2018. The Effective Date of the Nitrate Control Program shall be X ______ 2018, the date of Office of Administrative Law approval. Program Overview The State Water Board Recycled Water Policy requires the development of salt and nutrient management plans protective of groundwater. The Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) stakeholder process developed a comprehensive salt and nitrate management plan (SNMP) for the Central Valley Region, which was submitted to the Central Valley Water Board in January of 2017. The SNMP is the basis for the Nitrate Control Program. The SNMP summarizes existing nitrate conditions in the Central Valley, and based on this information, the Central Valley Water Board recognizes that there are groundwater basins and sub-basins in the Central Valley that currently exceed the water quality objective for nitrate, which is set at the primary maximum contaminant level of 10 mg/L-N. The SNMP and supporting studies identified that the cost for treating groundwater that exceeds 10 mg/L-N to be in the range of $36 to $81 billion, and in some scenarios would take more than 70 years for groundwater to meet the standard. Based on this and other information, the SNMP includes three management goals: Goal 1 – Ensure a Safe Drinking Water Supply; Goal 2 – Achieve Balanced Salt and Nitrate Loadings; and, Goal 3- Implement Managed Aquifer Restoration Program. The actual timeframe for meeting these three goals, and ultimately for all groundwaters that have the beneficial use designation of MUN to meet the water quality objective of 10 mg/L-N for nitrate, is largely unknown and will vary from basin to basin. However, based on the studies conducted as part of the SNMP, the Central Valley Water Board acknowledges that for some basins, it may take multiple decades. Because of this variability and uncertainty, the Nitrate Control Program first addresses health risks associated with drinking water that exceeds the nitrate drinking water standard, and manages nitrates through waste discharge requirements (WDRs), Conditional Waivers where applicable, and through other appropriate orders to be adopted by the Central Valley Water Board.

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Where ambient groundwater conditions currently exceed the nitrate water quality objective for protection of the MUN beneficial use, the Nitrate Control Program provides the Central Valley Water Board with authority and flexibility to permit discharges of nitrates by providing the Central Valley Water Board with the discretion to allow exceptions for meeting nitrate water quality objectives for the protection of the MUN beneficial use subject to certain conditions, which are specified in the Exceptions Policy. One primary condition for authorizing an exception is that a discharger, or dischargers working collectively in a management zone, must implement an approved Alternative Compliance Project, which must assure that groundwater users impacted by discharges of nitrates from those seeking the Exception have drinking water that meets state and federal drinking water standards. In some circumstances, the Nitrate Control Program provides the Central Valley Water Board with authority and flexibility to determine if assimilative capacity is available for nitrates on a volume-weighted average basis in the upper zone of the groundwater within a defined management zone area. When granting assimilative capacity on a volume-weighted average basis, the Central Valley Water Board must comply with Resolution 68-16 and find that the granting of assimilative capacity is to the maximum benefit to the people of the state, which includes assuring that groundwater users impacted by discharges of nitrates from those seeking assimilative capacity on a volume-weighted average basis have drinking water that meets state and federal drinking water standards The Nitrate Control Program establishes priority Groundwater Basins/Subbasins based on ambient nitrate conditions, and timelines for implementing nitrate management actions in the Priority 1 and Priority 2 Groundwater Basins/Subbasins, which are shown in Table 1 below. Areas (i.e., Groundwater Basins/Subbasins) not identified as Priority 1 or 2 (see Table 2) will need to comply with the Nitrate Control Program as directed by the Central Valley Water Board’s Executive Officer as resources allow. When required to comply with the Nitrate Control Program, after receiving notification from the Central Valley Water Board of the need to comply, dischargers subject to the Nitrate Control Program will have an option to comply as an individual discharger or through a General Order issued to Third Party Group, or by participating in a Management Zone. In areas where nitrate ambient groundwater conditions are of great concern, the Central Valley Water Board encourages dischargers to work cooperatively and implement nitrate management actions through a Management Zone. In all cases, the Nitrate Control Program seeks to protect high quality groundwater by establishing triggers. The triggers are not water quality objectives but before the Central Valley Water Board can authorize a discharge, or collective discharges in a Management Zone, to exceed an established trigger level, the Central Valley Water Board will need to require an Alternative Compliance Project, except in limited and unique circumstances. Priority Areas for Implementation Based on ambient nitrate concentrations in the Upper Zone (see definitions section for the definition of Upper Zone), the following Priority 1 and 2 Groundwater Basins/Subbasins shall be subject to compliance with the Nitrate Control Program according to the timelines set forth in the Implementation Program. The timelines established in the Implementation Program are intended

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to ensure prompt and effective implementation of the Nitrate Control Program to protect those municipal and domestic (MUN) users of groundwater that may be impacted by nitrate contamination of groundwater. However, the Executive Officer of the Central Valley Water Board retains some discretion to extend the timelines for implementation of the Nitrate Control Program based on proper justification. Table 1 – Prioritized DWR Bulleting 118 Groundwater Basins/Subbasins

PRIORITY 1

PRIORITY 2

5-22.11 Kaweah 5-21.67 Yolo 5-22.03 Turlock 5-22.04 Merced 5-22.05 Chowchilla 5-22.14 Kern County (Westside

South) 5-22.13 Tule 5-22.12 Tulare Lake 5-22.02 Modesto 5-22.14 Kern County (Poso) 5-22.08 Kings 5.22-07 Delta Mendota

5-22.01 Eastern San Joaquin 5-22.06 Madera

For the Non-Prioritized Basins/Subbasins identified in Table 2, a timeline for implementation of the Nitrate Control Program is not established in the Implementation Program. However, it is expected that the Central Valley Water Board will direct implementation of the Nitrate Control Program for these programs as expeditiously as possible, depending on available resources. The Central Valley Water Board maintains the discretion to direct dischargers in any of the Non-Prioritized Basins/Subbasins to comply with the Nitrate Control Program as the Central Valley Water Board deems is necessary to ensure that MUN users of groundwater have access to safe drinking water. When directing dischargers to comply with the Nitrate Control Program, the Central Valley Water Board shall allow the minimum time for development of Preliminary Management Zone Proposals and submittals of Notices of Intent as explained further in the Implementation Program. Table 2 Non-Prioritized DWR Bulleting 118 Groundwater Basins/Subbasins

Non Prioritized Basins 2-4 Pittsburg Plain

5-21.66 Solano 5-22.15 Tracy

2-3 Suisun-Fairfield Valley 5-21.52 Colusa 5-22.14 Kern County (Kern River) 5-21.61 South Yuba 5-21.64 North American 5-21.57 Vina 5-22.16 Cosumnes 5-21.58 West Butte

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5-21.68 Capay Valley 5-21.62 Sutter 5-21.56 Los Molinos 5-22.10 Pleasant Valley 5-21.60 North Yuba 5-21.65 South American 5-21.54 Antelope 5-21.59 East Butte 5-21.51 Corning 5-21.50 Red Bluff 5-21.55 Dye Creek 5-22.09 Westside 5-21.53 Bend 5-6.04 Enterprise 5-6.03 Anderson 5-6.01 Bowman 5-6.06 South Battle Creek 5-6.05 Millville 5-6.02 Rosewood

Implementation Program Timelines for Implementing the Nitrate Control Program To implement the Nitrate Control Program, it is necessary for the Central Valley Water Board to notify dischargers within the Central Valley Region of their duty to comply with the Nitrate Control Program. Accordingly, the Central Valley Water Board shall make such notification to dischargers by issuing a Notice to Comply. The Central Valley Water Board shall issue the first phase of Notices to Comply to those dischargers within Priority 1 Basins/Subbasins as soon as is reasonably feasible prior to the Effective Date of this Policy. For dischargers within Priority 2 Basins/Subbasins, the Central Valley Water Board shall issue Notices to Comply within 2 to 4 years of the Effective Date of this Policy. For dischargers within all other Basins/Subbasins, the Central Valley Water Board shall issue Notices to Comply in a time manner that is reasonable, based on available resources. Once issued, the Notice to Comply triggers timelines for development of Preliminary Management Zone Proposals, Notices of Intent to Comply, Early Action Plans, and other subsequent steps. The amount of time allowed to dischargers after receiving the Notice to Comply varies based on the Priority of the Basin/Subbasin. For the purposes of the Nitrate Control Program, the term dischargers means individual facility-type dischargers subject to individual Waste Discharge Requirements (e.g., POTWs), individual facility-type dischargers subject to General Waste Discharge Requirements that essentially comply with the General Waste Discharge Requirements as an individual facility (e.g., Dairy General Order), or non-point source type dischargers subject to General Waste Discharge Requirements through a Third Party (e.g., Irrigated Lands Third Party Orders). For those

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dischargers that are essentially regulated as an individual facility, notifications required by the Nitrate Control Program shall be issued and received on an individual basis. For those dischargers that are part of a third-party group, notifications required by the Nitrate Control Program may be issued to and received from the Third Party group on behalf of their members. Priority 1 Basins/Subbasins For dischargers in Priority 1 Basins/Subbasins, and where the Central Valley Water Board has issued Notices to Comply in advance of the Effective Date of this Policy, an initial group of dischargers seeking to comply with the Nitrate Control Program as a Management Zone shall submit a Preliminary Management Zone Proposal to the Central Valley Water Board for posting and for dissemination to other dischargers within the proposed Management Zone boundary area within 270 days after receiving a Notice to Comply. The Preliminary Management Zone Proposal will need to meet the requirements as set forth in the Management Zone Compliance Section of this Policy. The Executive Officer of the Central Valley Water Board retains the discretion to extend the 270-day timeline for submittal of a Preliminary Management Zone Proposal if proper justification is provided to the Executive Officer at least 30 days prior to the expiration of the 270-day deadline. For dischargers that are not participating in the initial group of dischargers seeking to comply with the Nitrate Control Program as a Management Zone, such dischargers shall conduct an initial assessment of their discharges as they relate to nitrates. The initial assessment will need to meet the requirements for Initial Assessments as outlined in the Non-Management Zone Compliance Section of this Policy. Such dischargers will have at least 270 days to conduct the Initial Assessment, and will have an additional 60-days after posting and notification of a Preliminary Management Zone Proposal that overlays the area in which they discharge nitrates to submit a Notice of Intent for Compliance with the Nitrate Control Program. The Notice of Intent for Compliance with the Nitrate Control Program shall indicate if the discharger seeks to comply with the Nitrate Control Program by participating in a Management Zone, or comply through Non-Management Zone Compliance. If the discharger decides to seek to comply by participating in a Management Zone, then the Notice of Intent shall include the dischargers name, intent to comply through a Management Zone, and name of the Management Zone group to which the discharger intends to join. If the discharger decides to comply through the Non-Management Zone Compliance option, then the Notice of Intent shall include the dischargers name, intent to comply through the Non-Management Zone Compliance option and the Initial Assessment. Dischargers that are part of the initial group of dischargers that prepared the Preliminary Management Zone Proposal shall be presumed to agree to comply with the Nitrate Control Program by participating in the Management Zone, unless they otherwise notify the Central Valley Water Board of their intent to comply through the Non-Management Zone Compliance option through submittal of a Notice of Intent. In such a case, the discharger will need to submit the Initial Assessment as outlined in the Non-Management Zone Compliance section of this Policy along with their Notice of Intent to the Central Valley Water Board.

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Priority 2 Basins/Subbasins For dischargers in Priority 2 Basins/Subbasins, dischargers or an initial group of collective dischargers seeking to comply with the Nitrate Control Program as a Management Zone shall submit a Preliminary Management Zone Proposal to the Central Valley Water Board for posting and for dissemination to other dischargers within the proposed Management Zone boundary area within 1-Year after receiving a Notice to Comply. The Preliminary Management Zone Proposal will need to meet the requirements as set forth in the Management Zone section of this Policy. The Executive Officer of the Central Valley Water Board retains the discretion to extend the 1-Year timeline for submittal of a Preliminary Management Zone Proposal if proper justification is provided to the Executive Officer at least 30 days prior to the expiration of the 1-Year deadline. For dischargers that are not participating in the initial group of dischargers seeking to comply with the Nitrate Control Program as a Management Zone, such dischargers shall conduct an initial assessment of their discharges as they relate to nitrates. The initial assessment will need to meet the requirements for Initial Assessments as outlined in the Non-Management Zone Compliance Section of this Policy. Such dischargers will have at least 1-Year to conduct the Initial Assessment, and will have an additional 60-days after posting and notification of a Preliminary Management Zone Proposal that overlays the area in which they discharge nitrates to submit a Notice of Intent for Compliance with the Nitrate Control Program. The Notice of Intent for Compliance with the Nitrate Control Program shall indicate if the discharger seeks to comply with the Nitrate Control Program by participating in a Management Zone, or comply through Non-Management Zone Compliance. If the discharger decides to seek to comply by participating in a Management Zone, then the Notice of Intent shall include the dischargers name, intent to comply through a Management Zone, and name of the Management Zone group to which the discharger intends to join. If the discharger decides to comply through the Non-Management Zone Compliance option, then the Notice of Intent shall include the dischargers name, intent to comply through the Non-Management Zone Compliance option and the Initial Assessment. Dischargers that are part of the initial group of dischargers that prepared the Preliminary Management Zone Proposal shall be presumed to agree to comply with the Nitrate Control Program by participating in the Management Zone, unless they otherwise notify the Central Valley Water Board of their intent to comply through the Non-Management Zone Compliance option through submittal of a Notice of Intent. In such a case, the discharger will need to submit the Initial Assessment as outlined in the Non-Management Zone Compliance section of this Policy along with their Notice of Intent to the Central Valley Water Board. Non-Priority Basins/Subbasins For dischargers in Non-Priority Basins/Subbasins, dischargers or an initial group of collective dischargers seeking to comply with the Nitrate Control Program as a Management Zone shall submit a Preliminary Management Zone Proposal to the Central Valley Water Board for posting

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and for dissemination to other dischargers within the proposed Management Zone boundary area within 1-Year after receiving a Notice to Comply. The Preliminary Management Zone Proposal will need to meet the requirements as set forth in the Management Zone section of this Policy. The Executive Officer of the Central Valley Water Board retains the discretion to extend the 1-Year timeline for submittal of a Preliminary Management Zone Proposal if proper justification is provided to the Executive Officer at least 30 days prior to the expiration of the 1-Year deadline. For dischargers that are not participating in the initial group of dischargers seeking to comply with the Nitrate Control Program as a Management Zone, such dischargers shall conduct an initial assessment of their discharges as they relate to nitrates. The initial assessment will need to meet the requirements for Initial Assessments as outlined in the Non-Management Zone Compliance Section of this Policy. Such dischargers will have at least 1-Year to conduct the Initial Assessment, and will have an additional 60-days after posting and notification of a Preliminary Management Zone Proposal that overlays the area in which they discharge nitrates to submit a Notice of Intent for Compliance with the Nitrate Control Program. The Notice of Intent for Compliance with the Nitrate Control Program shall indicate if the discharger seeks to comply with the Nitrate Control Program by participating in a Management Zone, or comply through Non-Management Zone Compliance. If the discharger decides to seek to comply by participating in a Management Zone, then the Notice of Intent shall include the dischargers name, intent to comply through a Management Zone, and name of the Management Zone group to which the discharger intends to join. If the discharger decides to comply through the Non-Management Zone Compliance option, then the Notice of Intent shall include the dischargers name, intent to comply through the Non-Management Zone Compliance option and the Initial Assessment. Dischargers that are part of the initial group of dischargers that prepared the Preliminary Management Zone Proposal shall be presumed to agree to comply with the Nitrate Control Program by participating in the Management Zone, unless they otherwise notify the Central Valley Water Board of their intent to comply through the Non-Management Zone Compliance option through submittal of a Notice of Intent. In such a case, the discharger will need to submit the Initial Assessment as outlined in the Non-Management Zone Compliance section of this Policy along with their Notice of Intent to the Central Valley Water Board. Management Zone Compliance Policy

The Central Valley Water Board recommends and encourages compliance with the Nitrate Control Program through Management Zones, especially where there are complex and significant concerns with meeting nitrate water quality objectives for protection of the MUN beneficial use in groundwater. In areas of the Central Valley where compliance with nitrate water quality objectives is not a significant issue of concern (e.g., Non-Priority Basins/Subbasins), the establishment of Management Zones for complying with the Nitrate Control Program may not be appropriate. In such cases, dischargers should comply with the Nitrate Control Program through the Non-Management Zone Compliance option.

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Intent and Purpose of a Management Zone

Defined area that is a portion of a larger groundwater basin/subbasin or land area that serves as a discrete regulatory compliance unit for complying with the Nitrate Control Program.

Includes the groundwater and those dischargers that discharge nitrate to said groundwater that have selected to comply with the Nitrate Control Program through participation in the defined Management Zone.

Where groundwater within the Management Zone boundary, and groundwater impacted by those dischargers within the Management Zone boundary, are being used as a drinking water supply, and where those drinking water supplies are impacted by nitrates and exceed or will exceed nitrate drinking water standards in the foreseeable future, Management Zones need to facilitate the assurance of safe drinking water for all residents in the area adversely affected by those dischargers of nitrates that are participating in the Management Zone.

To facilitate the assurance of safe drinking water, Management Zones need to encourage stakeholder coordination and cooperation, and work towards better resource management through appropriate allocation of resources.

In exchange for facilitating the assurance of safe drinking water, the Central Valley Water Board will have the authority to provide the Management Zone, and its discharger participants, with regulatory flexibility where needed to prioritize nitrate management activities and to comply with the Nitrate Control Program.

Preliminary Management Zone Proposal An initiating group of dischargers seeking to comply with the Nitrate Control Program through this Management Zone Compliance Policy shall prepare a Preliminary Management Zone Proposal. The Preliminary Management Zone Proposal needs to include all of the following:

Proposed preliminary boundary areas; Identification of Initial Participants/Dischargers; Identification of other dischargers and stakeholders in the management zone area that the

initiating group is in contact with regarding participation in the management zone; Identification of process for coordinating with others that are not dischargers to address

drinking water issues, which must include consideration of coordinating with affected communities, domestic well users and their representatives, the State Water Board’s Division of Drinking Water, Local County Health Officials, Sustainable Groundwater Management Agencies and others as appropriate;

Initial identification of public supply wells, and/or domestic wells that exceed the drinking water standard for nitrate;

An Early Action Plan (EAP), that includes specific actions and a schedule of implementation to address the immediate drinking water needs of those initially identified within the management zone boundary that are drinking groundwater that exceeds nitrate standards and that do not otherwise have interim replacement water that meets drinking water standards;

Initial assessment of groundwater conditions based on existing data and information;

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Identified constituents of concern the group intends to address with the management zone besides nitrates (the group has the option to consider other constituents of concern, but is not required to do so);

Proposed timeline for: o Identifying additional participants; o Further defining boundary areas; o Developing proposed governance and funding structure for administration of the

Management Zone; o Developing funding mechanism for implementing the EAP, which may include

seeking funding from Management Zone participants, and/or local, state and federal funds that are available for such purposes;

o Additional evaluation of groundwater conditions across the management zone boundary area, if necessary;

o Identification of need for assimilative capacity on a management zone basis, or need for obtaining an approved exception from meeting the nitrate water quality objective for protection of the MUN beneficial use; and

o Preparing and submitting a Final Management Zone Proposal and a Management Zone Implementation Plan.

Pursuant to the timelines provided in this Policy, Preliminary Management Zone Proposals shall be submitted to the Central Valley Water Board for review. Upon receipt of a Preliminary Management Zone Proposal, the Central Valley Water Board shall prominently post the proposal on its website, circulate the Proposal publically through its Lyris list-serve and provide individual post card notices (as resources allow) of the Proposals availability to dischargers within the Management Zone boundary area that are not already identified as initiating dischargers. The Central Valley Water Board shall also work with the group of initiating dischargers to help communicate the availability of the Proposal. Implementation of Early Action Plan The Early Action Plan (EAP) as submitted as part of the Preliminary Management Zone Proposal shall start to be implemented within 60 days of submittal of the Preliminary Management Zone Proposal to the Central Valley Water Board, unless the Central Valley Water Board provides objections in writing within that 60-day period. Final Management Zone Proposal Within 180-days after submittal of a Preliminary Management Zone Proposal, a Management Zone shall submit a Final Management Zone Proposal to the Central Valley Water Board. The Executive Officer of the Central Valley Water Board retains the discretion to extend the 180-day deadline for submittal of the Final Management Zone Proposal if proper justification is provided at least 30-days prior to expiration of the 180-day period. The Final Management Zone Proposal must include the information from the Preliminary Management Zone Proposal, updated as necessary, as well as the following:

Timeline for development of the Management Zone Implementation Plan;

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Updated list of participants; Governance structure that, at a minimum, establishes the following: (a) roles and

responsibilities of all participants; (b) identification of funding or cost-share agreements to implement short term nitrate management projects/activities, which may include local, state and federal funds that are available for such purposes; and (c) a mechanism to resolve disputes among participating dischargers;

Additional evaluation of groundwater conditions across management zone area, if necessary;

Identification of proposed approach for regulatory compliance (i.e., use of assimilative capacity and/or seeking approval of an exception for meeting nitrate water quality objectives); and,

Explanation of how the management zone intends to interact and/or coordinate with other similar efforts such as those underway pursuant to the SGMA.

A Management Zone may include its application for an exception pursuant to the Exceptions Policy, or its request for use of assimilative capacity (with all supporting documentation) at the time of submittal of the Final Management Zone Proposal. The Executive Officer of the Central Valley Water Board retains the discretion to determine if the Final Management Zone Proposal meets the minimum requirements of this Policy, and must determine if the Final Management Zone Proposal is deemed to be complete, and is thus approved. Once the Final Management Zone Proposal is deemed complete and approved, the Management Zone shall move forward to develop a Management Zone Implementation Plan that meets the requirements set forth in this Policy. Development of the Management Zone Implementation Plan shall be done according to the timeline in the Final Management Zone Proposal as approved by the Executive Officer of the Central Valley Water Board. In its approval of the timeline for developing the Management Zone Implementation Plan, the Executive Officer shall consider the size and complexity of the area covered by the Final Management Zone Proposal, and the number of residences and/or community water systems that are within the Management Zone area and that are impacted by nitrate contamination. If the Final Management Zone Proposal includes an application for an exception pursuant to the Exceptions Policy, or the request for use of assimilative capacity, approval of these components of the Final Management Zone Proposal may not be approved by the Executive Officer but must be approved by the Central Valley Water Board in conjunction with revisions to Waste Dischr Management Zone Implementation Plan A Management Zone Implementation Plan must include the following minimum requirements:

Must identify how short-term and long-term drinking water needs affected by nitrates in the Management Zone area (and area impacted by dischargers within the Management Zone) are being addressed, and must show that where groundwater is impaired by nitrate contamination that a drinking water supply that meets drinking water standards is available to all drinking water users within the management zone boundary;

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Must show how the Management Zone plans to achieve balanced nitrate loadings within the management zone (to the extend feasible and reasonable);

Must have a plan for establishing a managed aquifer restoration program to restore nitrate levels to concentrations at or below the water quality objectives to the extent it is feasible and reasonable to do so;

Any proposed short/long-term activities to provide safe drinking water must also document collaboration with the community and/or users benefitting from the proposal(s);

Funding or cost-share agreements, or a process for developing such funding or cost-share agreements, to implement intermediate and long-term nitrate management projects/activities, which may include identification of local, state and federal funds that are available for such purposes;

Implementation of nitrate management activities within a management zone may be prioritized based on factors identified in the Central Valley SNMP and the results of the characterization of nitrate conditions. Prioritization provides the basis for allocating resources with resources directed to the highest water quality priorities first;

Must include a water quality characterization and identification of nitrate management measures, including:

o Characterization of nitrate conditions within the proposed management zone which will be used as the basis for demonstrating how nitrate will be managed within the management zone over short and long-term periods to meet the management goals established in the Central Valley Region SNMP.

o Short (≤ 20 years) and long-term (> 20 years) projects and/or planning activities that will be implemented within the management zone, and in particular within prioritized areas (if such areas are identified in the Implementation Plan) to make progress towards attaining each of the management goals established by the Central Valley SNMP. Over time as water quality is managed in prioritized areas, updates to the plan may shift the priorities in the management zone.

o Milestones related to achieving balanced nitrate loadings and managed aquifer restoration.

o A short and long-term schedule for implementation of nitrate management activities with interim milestones.

o Identification of triggers for the implementation of alternative procedures or measures to be implemented if the interim milestones are not met.

o A water quality surveillance and monitoring program that is adequate to assure that the plan when implemented is achieving the expected progress towards attainment of management goals. All or parts of the surveillance and monitoring program may be coordinated or be part of a valley-wide and/or regional groundwater monitoring, if appropriate.

o Consideration of areas outside of the management zone that may be impacted by discharges that occur within the management zone boundary areas.

Identify the responsibilities of each regulated discharger, or groups of regulated dischargers participating in the management zone, to manage nitrate within the Zone.

Must include information necessary for obtaining an Exception as set forth in the Exceptions Policy, or information necessary for the Central Valley Water Board to grant use of assimilative capacity for Management Zones.

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A Management Zone Implementation Plan shall be reviewed periodically, and may be modified periodically to incorporate changes based on new data or information. Any such modifications should generally be changes that will benefit water quality in the management zone. Any modifications to the Management Zone Implementation Plan that impact or change timelines, milestones or deliverables identified in the Implementation Plan must be approved by the Central Valley Water Board’s Executive Officer in accordance with the approval process set forth in this Policy. Process for Approval of Management Zone Implementation Plan & Modifications to the Management Zone Implementation Plan Upon receipt of a Management Zone Implementation Plan, or modifications to an approved Management Zone Implementation Plan that would alter timelines, milestones or deliverables, the Central Valley Water Board shall post the Management Zone Implementation Plan for a period of at least 30-days to receive public comment, and shall notify the public of the availability of the Management Zone Implementation Plan through its Lyris list-serve. The Executive Officer must consider all comments received in its process for approving the Management Zone Implementation Plan. The Executive Officer may approve, conditionally approve or reject a Management Zone Implementation Plan. If a Management Zone Implementation Plan is rejected, and if a Management Zone does not revise the Management Zone Implementation Plan in a timely manner that makes it acceptable for approval or conditional approval by the Executive Officer, then dischargers within that Management Zone must comply with the Nitrate Control Program through the Non-Management Zone Compliance Option as soon as possible, but no later than 90-days after final rejection of the Management Zone Implementation Plan by the Executive Officer. If modifications to a Management Zone Implementation Plan are not approved, then the originally approved timelines, milestones and deliverables shall still apply. Incorporation of Management Zone Requirements Into Waste Discharge Requirements or Conditional Waivers Once a Final Management Zone Proposal has been approved by the Executive Officer of the Central Valley Water Board, the Central Valley Water Board may revise nitrate specific components of Waste Discharge Requirements or Conditional Waivers for those dischargers participating in the Management Zone. Such revisions shall include requirements and/or milestones related to the timeline for development of the Management Zone Implementation Plan, and requirements and/or milestones related to a timeline for preparing an application for an Exception pursuant to the Exceptions Policy, or for obtaining use of assimilative capacity for Management Zones. If the Final Management Zone Proposal included an application for an exception pursuant to the Exception Policy, or request for use of assimilative capacity for the Management Zone, then the Central Valley Water Board may revise the Waste Discharge

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Requirements or Conditional Waivers to reflect approval of an Exception or use of assimilative capacity as determine appropriate. If the Central Valley Water Board is not approving an Exception or use of assimilative capacity for the Management Zone at this time, the Central Valley Water Board shall considering including time schedules for complying with nitrate water quality objectives in groundwater in the Waste Discharge Requirements or Conditional Waivers that are consistent with the timelines associated with Management Zone Implementation Plan development, applications for an exception per the Exceptions Policy, or request for use of assimilative capacity for the Management Zone. Once a Management Zone Implementation Plan is completed, the Central Valley Water Board may revise nitrate specific components of Waste Discharge Requirements or Conditional Waivers for those dischargers participating in the Management Zone. Such revisions shall include requirements and/or milestones related to implementation of the Management Zone Implementation Plan. If dischargers in the Management Zone have not yet received an approved Exception or use of assimilative capacity for the Management Zone, the Central Valley Water Board shall consider approval of an Exception or use of assimilative capacity at this time as long as the Management Zone request for such regulatory compliance meets the requirements of this Policy and any other applicable Policy. Allocation of Assimilative Capacity To A Management Zone A Management Zone may request that the Central Valley Water Board allocate use of available assimilative capacity for those dischargers participating in the Management Zone. Allocation of assimilative capacity to a Management Zone may be based on the volume-weighted average1 of groundwater quality within the upper zone for nitrates within the Management Zone. The allocation of assimilative capacity may not be granted for an area that is larger than an identified basin or sub-basin from Bulletin 118. A request for allocation of assimilative capacity on a Management Zone basis must include the following:

A comprehensive antidegradation analysis, consistent with the statewide Antidegradation Policy.2

Demonstration that there is sufficient assimilative capacity to ensure that discharges from participants to the Management Zone, including discharges to recharge projects, will not cause the volume-weighted average water quality in the upper zone underlying the management zone to exceed the applicable Basin Plan objective(s);

Demonstration that the proposed discharges covered by the management zone will not unreasonably affect present and anticipated beneficial uses in or down-gradient to the Management Zone;

1 See Section 3.3.1.4 of the Central Valley SNMP for acceptable method to calculate a volume-weighted average for the

production zone. 2 State Water Board Resolution 68-16. Statement of Policy with Respect to Maintaining High Quality of Waters in California (Antidegradation Policy).

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Demonstration that the allocation of assimilative capacity, and the resulting net effect on receiving water quality, is consistent with maximum benefit to the people of the State; and

Demonstration that Best Practicable Treatment or Control will be implemented to assure that a pollution or nuisance will not occur and will be consistent with maximum benefit.

Where water quality for drinking water wells within the management zone does not meet drinking water standards for nitrate, and dischargers propose to rely on the calculated assimilative capacity of the upper zone to demonstrate compliance for nitrate, then the dischargers within the management zone must accept responsibility to mitigate localized impacts of discharges within the Management Zone as well as down-gradient users, and provide "maximum benefit" by implementing and maintaining an alternative drinking water source for impacted areas (e.g., alternate water supply, well-head treatment, point-of-entry treatment, etc.). Providing an alternative drinking water source may rely on temporary methods in the short-term (e.g., < 5 years), but the Management Zone Implementation Plan shall identify a permanent solution for providing safe drinking water along with a schedule for implementation within a reasonable time frame.

Demonstration that the short and long-term solutions were developed collaboratively with the communities and/users to be protected.

Demonstration that allocation of assimilative capacity to dischargers participating in the Management Zone will not result in groundwater, as a volume weighted average in the upper zone, to exceed a trigger level of 75% of the nitrate water quality objective for MUN over a 20-year timeframe. The Central Valley Water Board retains the discretion to allocation assimilative capacity above this trigger level as long as the Central Valley Water Board can find that use of assimilative capacity above the trigger level will not result in pollution or nuisance over the longer term.

To approve use of assimilative capacity to a Management Zone using a volume weighted average in the upper zone, the Central Valley Water Board must find all of the following:

The request is consistent with the statewide Antidegradation Policy; The request is supported with a comprehensive antidegradation analysis; The Management Zone Implementation Plan addresses, or will address, the need for

assuring that users of groundwater impact by nitrates from participating dischargers have alternative drinking water sources that meet drinking water standards;

The Management Zone Implementation Plan meets, or will meet, all of the requirements of this Policy; and,

Allocation of assimilative capacity to dischargers participating in the Management Zone will not result in groundwater, as a volume weighted average in the upper zone, to exceed a trigger level of 75% of the nitrate water quality objective for MUN over a 20-year timeframe. The Central Valley Water Board retains the discretion to allocate assimilative capacity above this trigger level as long as the Central Valley Water Board can find that use of assimilative capacity above the trigger level will not result in pollution or nuisance over the longer term.

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Non-Management Zone Compliance Option

Dischargers not participating in a Management Zone, must comply with the Nitrate Control Program through this Option. Discharges subject to this option will need to be categorized in the following manner.

Category 1 - No Degradation Category: Discharge3 is equal to or less than the water quality objective of 10 mg/L-N, and the discharge is better than baseline receiving water quality.

Category 2 - De minimus Category: Baseline receiving water (i.e., shallow groundwater) has available assimilative capacity (i.e., is better than the water quality objective). For this category, the discharge(s) may be above the water quality objective as it enters the receiving water, but the discharge(s) will use less than 10% of the available assimilative capacity over a 20-year period and will not cause the receiving water to exceed a trigger of 7.5 mg/L in that time period. This would be considered a de minimus discharge.

Category 3 - Degradation Below 75% of the Water Quality Objective Category: Discharges will be considered as part of this category if the discharge occurs in a basin where concentrations in the volume-weighted upper zone do not exceed an acceptable annual increase4 and the discharger(s) anticipate using available assimilative capacity in baseline receiving water that is considered to be more than de

minimus but will not cause the receiving water to exceed a trigger of 75% of the water quality objective for nitrate over a 20 year planning horizon. To allow use of assimilative capacity for dischargers that fall within this category, the Central Valley Water Board may find it necessary to include additional monitoring and trend evaluations as part of the Waste Discharge Requirements in order to make appropriate findings consistent with Resolution 68-16.

Category 4 - Degradation Above 75% of the Water Quality Objective Category, or

Receiving Water Quality is at 50% of the WQO and the Discharge(s) occur in a Basin

where concentrations in the volume-weighted average of the upper zone exceeds the

acceptable annual increase:5 Discharges will be considered as part of this category if they anticipate using available assimilative capacity in the receiving water, and use of assimilative capacity will cause the receiving water to exceed the trigger of 75% of the water quality objective for nitrate over a 20 year planning horizon, or the receiving water is already at 50% of the WQO and the discharge(s) occur in a basin where the volume-weighted average of the upper zone exceeds an acceptable annual increase in concentration. To allow use of assimilative capacity in this circumstance, the Central Valley Water Board may require a discharger to submit a proposed Alternative Compliance Project to the Central Valley Water Board to be included as

3 Discharge as used here is intended to mean the quality of the discharge as it enters shallow groundwater. Thus, the quality of the discharge itself may exceed the standard but due to transformation and other variables, it meets or is better than the objective as it enters shallow groundwater. 4 Acceptable annual increase: upper zone concentrations do not increase more than 0.1 mg/L NO3-N per year using cumulative average annual increase over a five-year period. The cumulative average refers to an Olympic average, meaning that the highest and lowest sample results are removed; average is calculated from the remaining results. This helps address statistical outliers that otherwise may skew the results. 5 See previous footnote

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an additional condition in the Waste Discharge Requirements in order to make appropriate findings consistent with Resolution 68-16.

Category 5 - Discharge Above Objective and No Available Assimilative Capacity: Discharges that exceed the water quality objective for nitrate, and where the receiving water has no available assimilative capacity, will be considered to be part of this category. Discharges in this category will need to seek an exception pursuant to the Exceptions Policy.

Notice of Intent Dischargers that have decided to not participate in a Management Zone, or dischargers where no Management Zone is available, shall submit a Notice of Intent to the Central Valley Water Board stating that the discharger will comply with the Nitrate Control Program through the Non-Management Zone Compliance Option. Timelines for submittal of Notices of Intent are provided above. The Executive Officer of the Central Valley Water Board retains the discretion to extend the timeline for submittal of a Notice of Intent, or portions thereof, if proper justification is provided to the Executive Officer by the discharger at least two weeks in advance of when the Notice of Intent would otherwise be required for submittal. The Notice of Intent shall include the following:

An initial assessment of receiving water and/or discharge conditions; For traditional point sources, an initial assessment to determine if the discharge is

impacting any nearby public water supply wells or domestic wells for nitrates based on all readily available data and information; for non-point sources, identification of areas where there are “hot spots” with respect to nitrate concentrations in groundwater based on all readily available data and information;

As applicable, an Early Action Plan that includes specific actions and a schedule of implementation to address immediate needs of those drinking groundwater that exceeds the drinking water standard if there are public water supply or domestic wells impacted by nitrates from discharges covered by the NOI. It is anticipated that discharges in Categories 1 through 3 will not need an Early Action Plan because such discharges are arguably not causing or contributing to an exceedance of the nitrate drinking water standard. Discharges in categories 4 and 5 may need to prepare an Early Action Plan, which may be part of a proposed Alternative Compliance Project. An Early Action Plan is just that, an identification of Early Actions. The Early Action Plan may not be comprehensive, and may need to be revised and supplemented with additional information as part of an Alternative Compliance Project that may be incorporated directly into the Waste Discharge Requirements.

Identification of Category of the Discharge. If the discharger seeking compliance through this option is a third party submitting the NOI on behalf of the individual members of the third party, the third party will need to take reasonable efforts to categorize the various geographic areas as covered by the third party general order.

Information necessary to support allocation of assimilative capacity and a proposed Alternative Compliance Project, as applicable and necessary.

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Application for Exception pursuant to the Exceptions Policy, as applicable. If the discharger(s) is in an area that is covered by a Preliminary Management Zone

Proposal, and the discharger(s) is seeking an allocation of assimilative capacity under this Option, the discharger(s) must show how allocation of assimilative capacity to the discharger(s) under this Option will impact (or not) available assimilative capacity for those participating in the management zone.

Implementation of Early Action Plan When the Notice of Intent includes an Early Action Plan to address immediate drinking water needs, the discharger shall begin to implement the EAP within 60 days after submittal unless a letter of objection is provided to the discharger by the Executive Officer of the Central Valley Water Board within that 60-day period. Incorporation of Requirements Into Waste Discharge Requirements or Conditional Waivers Based on the information submitted as part of the Notice of Intent, the Central Valley Water Board may determine that existing Waste Discharge Requirements or Conditional Waivers applicable to certain dischargers comply with the Nitrate Control Program, and that no further revisions to such Waste Discharge Requirements or Conditional Waivers are necessary to assure compliance with the Nitrate Control Program. For those dischargers where the Central Valley Water Board cannot find or determine consistency with the Nitrate Control Program, where additional information is necessary, or for new dischargers, the Central Valley Water Board shall adopt a new or revised Waste Discharge Requirements or Conditional Waiver that includes the following findings and/or conditions, dependent on the Category of the discharge.

Category 1 - No Degradation Category - Discharge is equal to or better than the nitrate water quality objective of 10 mg/L-

N (i.e., less than 10 mg/L-N); and, discharge is better than baseline receiving water quality.

- Discharge is deemed to be in compliance with the Nitrate Control Program. Category 2 - De minimus Category

- Baseline receiving water quality has assimilative capacity. - Discharge(s) will not use more than 10% of available assimilative capacity over a

20-year planning horizon and will not cause the receiving water to exceed a trigger level of 7.5 mg/L-N over that planning horizon.

- Discharge is not in a basin where the volume-weighted upper zone concentration is increasing more than 0.1 mg/L NO3-N per year using cumulative average annual increase over a 5-year period.

- To determine amount of assimilative capacity consumed by the discharge, the Central Valley Water Board will consider the quality of the discharge as it enters

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the receiving water, accounting for reductions in nitrate mass or concentration as the discharge percolates to groundwater through the soil.6

- Discharge will not unreasonably affect present and anticipated beneficial uses. - Waste Discharge Requirements or Conditional Waiver will ensure that Best

Practical Treatment or Control at a level that is necessary to assure that pollution and nuisance will not occur, and that the highest water quality consistent with the maximum benefit to the people of the state will be maintained.

- When the discharge is in an area that is covered by a Preliminary Management Zone Proposal, the Central Valley Water Board must consider the impact that granting available assimilative capacity to the discharger(s) under this Option will have on assimilative capacity for those that are part of the management zone.

Category 3 - Degradation Below 75% of the Water Quality Objective Category - Baseline receiving water quality has assimilative capacity. - Discharge(s) will use more than 10% of available assimilative capacity over a 20-

year planning horizon. - Discharge will not cause the receiving water to exceed 7.5 mg/L for nitrate as N

over a 20-year planning horizon. - Discharge is in a basin where the volume-weighted average of the upper zone is

increasing more than 0.1 mg/L NO3-N per year using cumulative average annual increase over a 5-year period.

- To determine amount of assimilative capacity consumed by the discharge, the Central Valley Water Board will consider the quality of the discharge as it enters the receiving water, accounting for reductions in nitrate mass or concentration as the discharge percolates to groundwater through the soil (see footnote 53).

- Discharge will not unreasonably affect present and anticipated beneficial uses. - Waste Discharge Requirements or Conditional Waiver will result in Best Practical

Treatment or Control at a level that is necessary to assure that pollution and nuisance will not occur, and that the highest water quality consistent with the maximum benefit to the people of the state will be maintained.

- When the discharge is in an area that is covered by a Preliminary Management Zone Proposal, the Central Valley Water Board must consider the impact that granting available assimilative capacity to the discharger(s) will have on assimilative capacity for those that are part of the management zone.

- Additional monitoring and periodic trend evaluation conditions are imposed to ensure compliance with the Nitrate Control Program.

Category 4 - Degradation Above 75% of the Water Quality Objective

- Receiving water quality has assimilative capacity. - Discharge(s) will use more than 10% of available assimilative capacity over a 20-

year planning horizon. - Discharge will cause the receiving water to exceed 75% of the WQO for nitrate

(i.e., 7.5 mg/L-N) over a 20-year planning horizon but will not cause receiving water to exceed the water quality objective for nitrate over a 20-year planning

6 In making this determination, the Central Valley Water Board shall consider information provided by the discharger that demonstrates that the level of nitrogen entering the receiving water is different than the level of nitrates in the discharge due to naturally occurring groundwater recharge, nitrogen transformation and losses, and nitrogen up take by plants.

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horizon; or, the receiving water is at or above 50% of the WQO and the volume-weighted average in the upper zone is exceeding an acceptable annual increase in concentration.

- To determine amount of assimilative capacity consumed by the discharge, the Central Valley Water Board will consider the quality of the discharge as it enters the receiving water, accounting for reductions in nitrate mass or concentration as the discharge percolates to groundwater through the soil (See footnote 6).




- Discharger may be required to develop and implement an Alternative Compliance Project to meet the requirements of the Nitrate Control Program, which shall include the following:

o Identification of nitrate related drinking water supply issues in the area impacted by the discharge(s);

o Time schedule with milestones for addressing newly-identified nitrate related drinking water supply issues in the area impacted by the discharge(s);

o Preliminary identification of the steps that will be taken to evaluate actions necessary to implement the SNMP Management Goals, which may be phased in over time and will likely require further evaluation and assessment to identify proposed long-term actions.

Category 5 - Discharge Above Objective and No Available Assimilative Capacity - Receiving water has no assimilative capacity for nitrates. - Discharge exceeds the water quality objective for nitrate. - No reasonable, feasible or practicable means are available for discharger to

comply with Waste Discharge Requirements or Conditional Waiver that would otherwise limit the discharge of nitrate to groundwater concentrations to less than 10 mg/L-N.

- It is infeasible, impracticable or unreasonable to prohibit the discharge. - Discharger required to develop and implement an Alternative Compliance Project

for the nitrate components of the Nitrate Control Program, which shall include the following:

o Identification of nitrate related drinking water supply issues in the area impacted the discharge(s);


o Preliminary identification of the steps that will be taken to evaluate actions necessary to implement SNMP Management Goals where reasonable and

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20 | P a g e

feasible, which may be phased in over time and will likely require further evaluation and assessment to identify proposed long-term actions.

- Discharger required to seek and obtain an exception in accordance with the Exceptions Policy.

Allocation of Assimilative Capacity to Dischargers Not Participating in a Management Zone To allocate assimilative capacity to dischargers complying with the Nitrate Control Program through this Option, the Central Valley Water Board must find the following:

Assimilative capacity is available in shallow groundwater; Requests for use of assimilative capacity are supported by an antidegradation analysis

(level of analysis required may vary depending on the Category of the discharge); Allocation of assimilative capacity is consistent with statewide Antidegradation

Policy; Allocations of assimilative capacity above the trigger levels established for the

various categories are supported by Alternative Compliance Projects, as determined appropriate; and,

Allocation of assimilative capacity to discharger(s) not participating in a Management Zone is considered in light of assimilative capacity allocated to a Management Zone, and the impact thereon.

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Policy for Control and Permitting of Salinity Discharges in the Sacramento-San Joaquin River Basins and in the Tulare Lake Basin

387e2e39-2c28-43a1-9561-40c356b649e1 1 Version 1

Policy Overview

The Salt and Nitrate Management Plan (SNMP) summarized existing salinity conditions in the Central Valley

Region. The SNMP and its supporting studies demonstrate that salt concentrations in surface and ground

waters will continue to increase over time even under existing water quality management programs and

strategies to control salt. Given these findings, the SNMP identified the need for implementation of a

salinity management strategy that includes the following goals:

Control the rate of degradation, that is implement a “managed degradation” program;

Implement salinity management activities to achieve long-term sustainability or a salt balance where

feasible, practicable and reasonable; and

Protect beneficial uses by meeting applicable water quality objectives and applying appropriate

antidegradation requirements.

The SNMP and supporting studies identified currently available alternatives for salt management in the

Central Valley ranging from local or subregional solutions that may be implemented within the Central

Valley to projects that will result in the export of salt out of the Central Valley. Additional studies are still

needed to further define the range of solutions that may be deployed to achieve salt balance in the Central

Valley.

Given the need for these studies, the Regional Water Board will implement this policy for the control and

permitting of salinity discharges in three phases over an approximate thirty-year period. During the early

phases of implementation of this policy, the Regional Water Board also will implement an Interim Salinity

Permitting Approach.

This policy applies to all surface waters and groundwaters in the Central Valley Region, and all salinity-

related discharges shall comply with its provisions. Implementation of this policy does not affect

compliance with existing water quality objectives for salinity, in Section III, Table III-3 of the Water Quality

Control Plan for the Sacramento River and San Joaquin River Basins or the salinity objectives applicable to

the Bay Delta Region established in the Water Quality Control Plan for the San Francisco/Sacramento-San

Joaquin Delta Estuary.

Phased Policy Implementation

Each of this policy’s three phases will have a duration of approximately ten years. The findings from each

phase will inform the next phase allowing for implementation of an adaptive management approach to salt

management in the Central Valley Region.

Phase I – Prioritization and Implementation Study

Phase I will implement the Prioritization and Optimization Study (P&O Study or Study). The P&O Study will

develop information that is needed to support Phases II and III of this policy and will include elements

directed toward:

Evaluating the impact of state policies (e.g., Bay-Delta Plan) that impact management of salinity to

surface and ground waters in the Central Valley Region;

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Identifying physical projects and proposed locations for long-term management of salt (e.g., regulated

brine line, salt-sinks, regional/subregional de-salters, recharge areas, deep well injection, etc.);

Developing the conceptual designs for potential physical salt management projects;

Identifying the various environmental permits and the schedule for obtaining the permits needed to

implement physical projects;

Identifying non-physical projects that support salt management goals for the Central Valley Region;

Developing governance structures for implementation of physical projects;

Identifying funding sources, including state and federal funding sources, necessary for implementation

of large-scale capital physical projects and subsequent operation and maintenance;

Identifying and proposing any necessary Basin Plan changes that may be necessary to implement

Phases II or III of this policy; and

Other related activities that support the purpose of the P&O Study or this policy.

Phase I will span from ________, 2018 until at least ________, 2028. At the discretion of the Regional

Water Board Executive Officer the Phase I completion date may be modified. Phase I milestones include:

A Phase I Workplan will be completed by ________. The purpose of the Workplan is to (a) clarify the

scope and intent of the P&O Study tasks with regards to salt management in surface water and

groundwater; (b) support long-term Phase I planning efforts to secure sufficient funding to complete

the Study over its estimated ten-year period; and (c) provide information to stakeholders regarding

how to best participate in the Study during execution of the Workplan. This Workplan will include

detailed task descriptions, a cost estimate for each planned task, and a task completion schedule.

Annually, the lead entity for the P&O Study will submit a Progress Report to the Regional Water Board

that summarizes progress on execution of the Workplan, status of Phase I funding and expenditures,

and stakeholder participation during the reporting year. The first annual Progress Report shall be

submitted by __________, 2019; subsequent reports will be submitted no later than one year after

submittal of the first Progress Report.

An Interim Project Report will be completed within five years of the start date for Phase I. This report

will identify recommended or preferred physical and non-physical salt management projects for

implementation within each Central Valley hydrologic region.

A Final Project Report will be completed within nine years of the start date for Phase I. This report will

include conceptual designs and an assessment of environmental permitting requirements for the

preferred physical projects identified in the Interim Project Report.

Within one year of the completion of all tasks in the Phase I Workplan, recommendations will be

provided to the Regional Water Board regarding amendments to the Basin Plan required to facilitate

implementation of Phase II of this policy, including recommendations for potential modifications to this

policy’s Interim Salinity Permitting Approach.

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387e2e39-2c28-43a1-9561-40c356b649e1 3 Version 1

A Governance Plan will be completed within five years of the start date of Phase I. This Plan will

describe how the phases of this policy will be implemented over time, including the governance

structure and roles and responsibilities of stakeholders.

A Funding Plan to support the development and implementation of this policy, including

implementation of Phases II and III, will be developed within five years of the start date for Phase I.

The Regional Water Board will establish policies and directives to encourage participation by permitted

surface water and groundwater dischargers in the P&O Study. The Regional Water Board cannot require

participation, but lack of participation by a permitted discharger will necessitate the incorporation of more

stringent compliance requirements in WDRs/Conditional Waivers and NPDES permits. These requirements,

specific to permitted discharges to groundwater or surface water, are described in the Interim Salinity

Permitting Approach in this policy.

Phase II – Project Development and Acquisition of Funds

Phase II of this policy will begin at the end of Phase I. Phase II addresses two key elements:

Completion of the engineering and design and environmental permitting of preferred physical projects

identified in Phase I; and

Securing the funding to implement the preferred projects.

The duration of Phase II is anticipated to be approximately ten years. At the discretion of the Regional

Water Board Executive Officer, the length of Phase II may be extended.

Phase III – Project Implementation

Construction of all preferred physical projects will be completed during Phase III, unless already completed

during Phase II. The duration of Phase III is anticipated to be 10 years. For large-scale capital projects, such

as construction of a regulated brine line, construction may occur over multiple phases and additional time

may be required for complete build-out of the project.

Requirements for Groundwater and Non-NPDES Surface Water Discharges

Interim Salinity Permitting Approach

For dischargers that are participating in the P&O Study the Regional Water Board shall implement an

Interim Salinity Permitting Approach applicable to new or existing salinity-related to groundwater and non-

NPDES surface water discharges. The Interim Salinity Permitting Approach will be implemented in

WDRs/Conditional Waivers for a period not to exceed 15 years after adoption of this policy, or until

________, 2033. Based on the findings in the Phase I P&O Study Final Project Report, the Interim Salinity

Permitting Approach may be modified or extended to support implementation of Phase II of this policy.

While the Interim Salinity Permitting Approach is in effect, the following shall apply:

Most permitted dischargers will not be subject to stringent salinity-related receiving water limits and/or

effluent limits; instead permitted dischargers shall be in compliance with salinity water quality

objectives during Phase I, as long as the discharger is in compliance with the Interim Permit Provisions

of this policy, as applicable to their discharge.

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Permitted salinity discharges shall be implemented in a manner consistent with state and federal

antidegradation policies (State Water Board Resolution No. 68-16 and 40 CFR §131.12), as applicable.

The Regional Water Board retains authority to identify high priority saline discharges and/or areas

where more stringent control programs must be implemented.

WDRs/Conditional Waivers shall include the following requirement: The permittee shall participate in

efforts related to conducting the P&O Study, and subsequent Phases II and III, as applicable.

Participation means that the permittee is providing the minimum required level of financial support to

the P&O Study.

The Interim Permit Provisions require dischargers to continue current reasonable, feasible and practicable

efforts to control levels of salinity in their discharges, which may include the following requirements, as

applicable and appropriate:

Implement salinity management practices and/or source control efforts;

Implement pollution prevention plans, watershed plans, and/or salt reduction plans;

Monitor for salinity in groundwater as part of existing monitoring programs, or through regional

monitoring programs as appropriate, consistent with the Surveillance and Monitoring Program

established to support implementation of the SNMP;

Maintain current discharge levels of salinity to the extent feasible, reasonable, and practicable, while

accounting for conservation, salinity levels in the water supply source, and some appropriate increment

of growth; and/or

Comply with interim permit limits, to the extent that the Regional Water Board finds it appropriate and

necessary to adopt such limits.

Provisions to Opt Out of the Interim Salinity Permitting Approach

For dischargers that choose to opt out of the P&O Study and not be permitted under the Interim Salinity

Permitting Approach, the Regional Water Board shall develop permit conditions based on the following:

1. Interpreting Narrative Water Quality Objectives – When it interprets narrative water quality objectives

for the purpose of establishing a permit effluent limit, the Regional Water Board shall select applicable

salinity water quality objectives in a conservative manner.

(a) AGR Beneficial Use Protection - The Regional Water Board shall apply a conservative, protective

agricultural goal, e.g., 700 µmhos/cm for electrical conductivity. In determining the agricultural goal

that should be used to interpret the narrative objective, the Regional Water Board will consider

whether a site specific agricultural goal has been developed and/or previously adopted for the

permittee. If a site-specific goal has been developed and/or previously adopted, the Regional Water

Board shall continue to apply that value, as appropriate.

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(b) MUN Beneficial Use – For the protection of this beneficial use, the Regional Water Board shall

interpret water quality objectives in a manner consistent with the Secondary Maximum

Contaminant Level Guidance established by the SNMP.

2. Allocation of Assimilative Capacity – The Regional Water Board shall not grant a new allocation or

expanded allocation of assimilative capacity. A discharger will need to demonstrate that the discharge

does not cause or contribute to exceedances of groundwater limitations for salinity constituents in

shallow groundwater. If a discharger has previously received an allocation of assimilative capacity, and

the allocation was granted with the support of an antidegradation study or analysis, then the Regional

Water Board shall continue to allocate the previously approved assimilative capacity, as appropriate.

3. Issuance of Time Schedules – The Regional Water Board will use its discretion to issue time schedules

for meeting salinity limitations sparingly, for minimal time periods, and only where appropriate. In

general, a discharger shall be allowed no more than five years to meet a restrictive salinity limitation.

Requirements for NPDES Surface Water Discharges

Interim Salinity Permitting Approach

For dischargers that are participating in the P&O Study the Regional Water Board will implement an Interim

Salinity Permitting Approach applicable to new or existing salinity-related surface water discharges. The

Interim Salinity Permitting Approach will be implemented through an NPDES permit consistent with the

applicable Interim Permit Provisions of this policy and federal regulatory requirements for issuance of an

NPDES permit.

Consistent with federal regulatory requirements, NPDES permits are to be renewed every five years. During

each permit renewal, the Interim Salinity Permitting Approach will provide the basis for establishing

salinity-related discharge requirements in NPDES permits. This approach shall be implemented for a period

not to exceed 15 years after adoption of this policy, or until ________, 2033. Based on the findings in the

Phase I P&O Study Final Project Report, the Interim Salinity Permitting Approach may be modified or

extended to support implementation of Phase II of this policy. While the Interim Salinity Permitting

Approach is in effect, the following shall apply to individual or watershed-based NPDES permits:

Most permitted dischargers will not be subject to stringent salinity-related receiving water limits and/or

effluent limits; instead permitted dischargers shall be in compliance with salinity water quality

objectives during Phase I, as long as the discharger is in compliance with the Interim Permit Provisions

of this policy, as applicable to their discharge.

Permitted salinity discharges shall be implemented in a manner consistent with state and federal

antidegradation policies (State Water Board Resolution No. 68-16 and 40 CFR §131.12), as applicable.

The Regional Water Board retains authority to identify high priority saline discharges and/or areas

where more stringent control programs must be implemented.

Dischargers that are unable to comply with applicable surface water quality objectives for salinity must

obtain a variance under the Variance Program for Salinity Water Quality Standards by meeting the

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387e2e39-2c28-43a1-9561-40c356b649e1 6 Version 1

criteria in section III.A in the Variance Policy for Surface Waters (Note: assumes modification per SNMP

Salinity Variance Program Policy).

NPDES permits shall include the following requirement: The permittee shall participate in efforts

related to conducting the P&O Study, and subsequent Phases II and III, as applicable. Participation

means that the permittee is providing the minimum required level of financial support to the P&O

Study.

Interim Permit Provisions applicable to NPDES permits require dischargers to continue current reasonable,

feasible and practicable efforts to control levels of salinity in their discharges, which may include the

following requirements, as applicable and appropriate:

Implement salinity management practices and/or source control efforts;

Implement pollution prevention plans, watershed plans, and/or salt reduction plans;

Monitor for salinity in surface water as part of existing local, watershed-based or regional monitoring

programs, as appropriate;

Maintain current discharge levels of salinity to the extent feasible, reasonable, and practicable, while

accounting for conservation, salinity levels in the water supply source, and some appropriate increment

of growth; and/or

Comply with interim permit limits, to the extent that the Regional Water Board finds it appropriate and

necessary to adopt such limits.

Provisions to Opt Out of the Interim Salinity Permitting Approach

For dischargers that choose to opt out of the P&O Study and not be permitted under the Interim Salinity

Permitting Approach, the Regional Water Board shall develop permit conditions based on the following:

1. Reasonable Potential Analysis – The Regional Water Board will determine the reasonable potential

to exceed applicable receiving water salinity water quality objectives in a manner that is consistent

with federal regulations at 40 CFR § 122.44(d). Dischargers will need to demonstrate that the

discharge does not have reasonable potential to exceed the applicable criteria, or the discharge can

comply with a water quality-based effluent limit if a reasonable potential finding has been made.

2. Interpreting Narrative Water Quality Objective - When the Regional Water Board interprets

narrative water quality objectives for the purposes of conducting a reasonable potential analysis

and establishing a permit effluent limit (if reasonable potential is found), the Regional Water Board

shall select applicable salinity water quality objectives in a conservative manner.

(a) AGR Beneficial Use - The Regional Water Board shall apply a conservative, protective

agricultural goal, e.g., 700 µmhos/cm for electrical conductivity. In determining the

agricultural goal that should be used to interpret the narrative objective, the Regional

Water Board should consider whether a site-specific agricultural goal has been developed

and/or previously adopted for the discharger in question. If a site-specific goal has been

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387e2e39-2c28-43a1-9561-40c356b649e1 7 Version 1

developed and/or previously adopted, the Regional Water Board shall continue to apply

that value, as appropriate.

(b) MUN Beneficial Use – For the protection of this beneficial use, the Regional Water Board

shall interpret water quality objectives in a manner consistent with the Secondary

Maximum Contaminant Level Guidance established by the SNMP.

3. Allocation of Assimilative Capacity (i.e., mixing zone/dilution credit) – The Regional Water Board

shall not authorize a new allocation of assimilative capacity (i.e., mixing zone/dilution credit) in a

surface water to meet a salinity effluent limitation. However, the Regional Water Board may

consider maintaining any previously approved mixing zone/dilution credits, if previously authorized

and there have been no changes to the discharge.

4. Salinity Variance – A salinity variance shall not be authorized for a discharger that is not

participating in the P&O Study.

5. Compliance Schedule – Where a reasonable potential finding has been made and the discharger is

unable to comply with a water quality-based effluent limit, the Regional Water Board may

determine if a compliance schedule is appropriate consistent with the State Water Board’s

Compliance Schedule Policy (Resolution 2008-0025) and federal laws and regulations including 40

CFR 122.47. The Regional Water Board shall issue compliance schedules for meeting salinity

effluent limitations sparingly, for minimal time periods, and only where appropriate and consistent

with the goals of this policy.

Recommendations to Other Agencies

The implementation of long-term salinity management solutions to achieve a salt balance in the Central

Valley is a statewide issue. Efforts to achieve salt sustainability will require significant participation and

potentially specific actions by state and federal entities. It is recommended that these entities consider

participation, including financial, in the Phase I P&O Study as findings from this Study will direct

implementation of projects to achieve salt sustainability, which may require participation by state and

federal agencies.

After completion of the P&O Study, this Basin Plan may be amended to recognize the impact of local, state

and federal agency actions on efforts to achieve salt sustainability and make recommendations for how

these agencies should interact and be part of implementation of Phases II and III of this policy.

Coordination with Other Salt and Nitrate-Related Management Policies

PLACEHOLDER for nexus with other SNMP policies related to salinity management (As needed,

references/links to related sections in the new Policy for the Control of Salt and Nitrate Management in the

Central Valley or other Basin Plan Implementation Chapter sections, e.g., Salinity Variance Program,

Exceptions Policy for Discharges to Groundwater, Offsets Policy, Drought & Water Conservation Policy,

SMCL Guidance)

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387e2e39-2c28-43a1-9561-40c356b649e1 8 Version 1

Original Outline for Reference

I. Background/Introduction to Salt Management Strategy (SMS) (provide contextual information)

A. Purpose and Applicability (Long term plan to bring salt into balance in the region; replace existing salinity management requirements in Basin Plans, impacts to permittees and others who use/manage water)

B. Salt Management Goals (Three goals stated in the strategy)

C. Overview of Salinity Management Strategy (Introduction to sections below: Three phased implementation program over approximately 30 years; Interim salinity permitting approach; other introductions as needed)

D. Compliance with Existing Salinity-related Water Quality Objectives (Statement that establishment of SMS does not change any existing site-specific salinity objectives in the Region or Delta)

E. Summary of Ambient Conditions

II. Phased Implementation Program

A. Phase 1 - Prioritization and Optimization Study

1. Purpose (General description of activities to be completed with anticipated outcomes)

2. Schedule (Estimated 10 years; identify big picture milestones, discretion of the Board to adjust schedule if progress being made)

3. Participation

a. General expectations (coverage, SW/GW)

b. Relationship to discharge permits (but more detail below in Section III)

c. Funding and governance

d. Lack of participation (overview; more detail below in Section III)

B. Phase 2 – Environmental Permitting, Funding, and Engineering and Design

1. Purpose (Brief description of activities to be completed)

2. Schedule (Estimated 10 years; milestones to be determined based on outcome of Phase I; discretion of the Board to adjust schedule if progress being made)

3. Participation General expectations, mention of relationship to permits; but more detail below in Section III)

C. Phase 3 – Implementation/Construction (Brief description of anticipated activities; schedule/participation to be determined based on findings of Phases 1/2)

III. Interim Salinity Permitting Approach

A. Purpose and Applicability (Interim during Phase 1 and potential for renewal/modification under Phase 2; all discharges to SW/GW; new vs. existing permittees)

B. Process and Overview of Approach (Incorporate findings/governing principles as needed from SMS)

C. Interim Permit Provisions (Based on SMS; expanded upon as needed)

1. Groundwater and Non-NPDES Surface Water Discharges

a. Minimum WDR requirements (existing vs. new discharges?)

b. Participation in Phase 1 P&O Study

c. Opting out of P&O Study

i. Compliance with water quality objectives

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387e2e39-2c28-43a1-9561-40c356b649e1 9 Version 1

ii. Allocation of assimilative capacity

iii. Issuance of time schedules

2. Surface Water NPDES Permittees

a. Minimum NPDES permit requirements (existing vs. new discharges?)

b. Participation in Phase 1 P&O Study

c. Opting out of P&O Study

i. Compliance with water quality objectives

ii. Allocation of assimilative capacity

iii. Issuance of compliance schedules

IV. Nexus with Other SNMP Policies Related to Salinity Management (As needed, references/links to related sections in the new Policy for the Control of Salt and Nitrate Management in the Central Valley or other Basin Plan Implementation Chapter sections

A. Salinity Variance Program

B. Exceptions Policy for Discharges to Groundwater

C. Offsets Policy

D. Drought & Water Conservation Policy

E. SMCL Guidance

V. Recommendations to Other Agencies

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CAA FUNDED GRANTEFFORTS FOR SNMPIMPLEMENTATIONEXECUTIVE COMMITTEE APPROVAL CONSIDERATION

JUNE 15, 2017

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FUNDING AND CONSTRAINTS

• About $500,000 is remaining and available

• Grant is more flexible than contracting

• Local Public Agency Kings River Conservation District Staff are willing

• Economics Analysis is not appropriate as it could be seen as benefiting the state

• CEQA Analysis is not appropriate as it fulfills a state requirement

• Implementation, Studies and Outreach are appropriate

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FUNDING APPROACH

• About $500,000 is remaining and available

• Implementation Support Tasks

• Management Zone Technical Assistance support - $315K

• Prioritization and Optimization Study Work Plan, Schedule and Budget - $75K

• Implementation Outreach Tasks - $70K

• Administration and Program Management – up to $40K

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PRIORITIZATION AND OPTIMIZATION STUDY

• Consider $75,000 for scope of work

• ImplementationTasks

• Develop Workplan for P&O study

• Funding excess may begin initial implementation tasks

• Workplan implementation Phases will use permit fees

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IMPLEMENTATION OUTREACH

• Consider $70,000 for scope of work

• Support ImplementationTasks

• Work with PEOC

• Develop materials and support outreach

• Video or other public explanations

• Support Executive Committee with outreach gaps

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MANAGEMENT ZONE TECHNICAL ASSISTANCE

• Consider $315,000

• Support Implementation Tasks

• EC to select up to 3 areas based on proposals

• Proposals to support requested initial efforts to develop management zones (MZ) asimplementation Archetypes may include, e.g.,

• Technical support elements

• Governance and Organization

• Early Action Plans

• Adequacy and other demonstrations

• Incorporate EC and Regional Board comments

• Develop templates and other standards that can be used by later MZs

• Funding coordinated with Management Zone match or staff work

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6/15/17 Draft Version 1 Draft for Approval

CV-SALTS STATE BOARD CLEANUP

AND ABATEMENT FUNDED GRANT

SCOPE, BUDGET AND SCHEDULE

1. CAA FUNDING FOR CV-SALTS IMPLETMENTATION TASKS

The purpose of using CAA funds available for Salt and Nitrate Management Plan (SNMP)

Implementation is to support implementation of the Nitrate and Salinity Management

Strategy elements of the SNMP by completing tasks that support and accelerate

implementation and provide templates that assist participants and the grantee.

This approach was reviewed and comments were provided by the Executive Committee

in April 2017. CV-SALTS has identified the Kings River Conservation District as the

Grant recipient on behalf of CV-SALTS and the Grantee. Both the Grantee and CV-SALTS

benefit from the grant tasks and completion.

The tasks would include:

Management Zone Technical Assistance Support - $315,000

Prioritization and Optimization Study Workplan, Schedule and Budget - $75,000

Implementation Outreach Tasks - $70,000

Administration and Program Management – up to $40,000 by Grant recipient

Additional details as well as the scope, budget, deliverables and schedule are shown in

the following pages by task.

2. The Grantee intends to cooperatively complete the tasks in coordination with the CV-

SALTS Executive Committee and the Central Valley Salinity Coalition. The overall

budget is intended to expend all funds which are approximately $500,000, with any

shortfall coming from the Administration/Program Management Task. An overall

compilation of the task reports will be submitted at the end of the grant contract.

3. The overall schedule will not exceed 3 years with primary program tasks not exceeding

30 months from award unless extended.

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6/15/17 Draft Version 3 DRAFT FOR APPROVAL

MANAGEMENT ZONE TECHNICAL

ASSISTANCE SUPPORT TASK

1. CAA FUNDING FOR MANAGEMENT ZONE TECHNICAL ASSISTANCE

SUPPORT

The purpose of using the CAA funds available for SNMP Implementation is to provide

assistance to early adopters of the Management Zone Permitting Strategy for Nitrate.

This would achieve several purposes:

Encourage early participation and reduce financial/technical burden to early

adopters

Assist the first few Management Zones in development of technical and

management documents that can act as templates for future management zones

Allow CV-SALTS Executive Committee to be more involved in the development

of the early Management Zones to be sure they can be implemented in the

manner intended by the SNMP

Reduce the likelihood of failure for early Management Zone proposals submitted

to the Regional Board

Increase Management Zone outreach and use of templates

A. Scope of Work

i. Contract Support and Management

1. Contractor will manage and report on the status of the contract

2. Contractor will support the CV-SALTS Executive Committee and Executive

Director (ED) of the Central Valley Salinity Coalition (CVSC) with the

scoping identified Management Zone proposals.

3. CV-SALTS will identify up to 3 areas who wish to develop management

zones for nitrate permitting compliance early and solicit documentation

of their needs

4. The CVSC ED and the Contractor will determine the technical, outreach,

governance and organizational assistance needed based on the proposals

and individual group needs

5. Contractor will support the CVSC ED and the Executive Committee in

review and selection of areas for participation in this task based on their

requests and recommendations from CVSC

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2

6. Contractor will compile initial draft and finalize templates, materials and

a brief report of results for Executive Committee acceptance

ii. Contractor Technical Support

1. Work directly with the Management Zone groups to assist with elements

they request in their proposal for that Management zone. Elements may

include technical studies, outreach, governance and organizational issues,

early action plans, reporting or other needs within the limits of the

budget of CAA and local funds

2. Complete tasks for Management Zone groups to present to the CV-SALTS

Technical Committee or Executive Committee for review and comment

3. Assist Management Zone groups in finalizing their Management Zone

proposals for submittal to the Regional Board for review and approval

4. Summarize efforts into final templates for use by others

B. Budget

i. Recommend $315,000 of the $500,000 be allocated to Management Zone

Technical Assistance

ii. Contract support and management not to exceed $35,000

iii. Budget based on providing assistance to up to three groups as Management

Zone implementation archetypes

iv. Contractor team to provide support based on the approved agreement to

complete tasks

v. Budgets will be maximums and may be supplemented by Management Zone

group funds under agreement

C. Deliverables

i. Summary scope schedule and budget estimates for proposed Management

Zones

ii. Initial draft templates for submittals required of a Management Zone

iii. Technical reports based on the scope requested

iv. Applications, discussion drafts and submittals to CV-SALTS or the Regional

Board

v. Finalized templates for SNMP Management Zone submittals

D. Schedule

i. Schedule in grant should be flexible up to 30 months for completion of all task

ii. Each Management Zone Group support effort may take up to 24 month

developing materials and an additional 6 months in review and approval

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iii. Final report, templates and materials should be submitted within 32 months

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6/15/17 Draft Version 2 Draft for Approval

PRIORITIZATION AND

OPTIMIZATION STUDY WORKPLAN

TASK

1. CAA FUNDING FOR PRIORITIZATION AND OPTIMIZATION STUDY

The purpose of using CAA funds available for SNMP Implementation is to support

development of a detailed workplan for the Phase 1 Prioritization and Optimization

(P&O) Study. This would achieve several purposes:

Advance the P&O Study from a conceptual description to a detailed workplan with

expected deliverables;

Clarify the scope and intent of the P&O Study tasks with regards to groundwater and

surface water;

Support long-term salinity planning efforts to secure sufficient funding to complete

the P&O Study over an estimated ten-year period; and

Provide information to stakeholders regarding how to best participate in the P&O

Study during execution of the workplan.

A. Scope of Work - Develop Phase 1 P&O Study Workplan

i. Work with Executive Committee to develop the following:

1. Develop detailed scope of work for the P&O Study based on the original

description of the study incorporated into the Salinity Management

Strategy, the SNMP and the Strategic Salt Accumulation Land and

Transportation Study Phase 3 Report (Table 4-4). Elements to be

developed include description and purpose each task, e.g., how it supports

implementation of the Salinity Management Strategy and applicability of

task elements to surface water and/or groundwater, and description of

key subtasks and expected deliverables.

2. Develop detailed cost estimate for completion of each of the

tasks/subtasks described in the scope of work. The basis for the cost

estimate will be provided.

3. Develop schedule for completion of each P&O Study task within the

overall 10-year time frame planned for the Phase 1 Study.

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B. Budget

i. Recommend $75,000 of the $500,000 be allocated to development of the Phase

1 P&O Study Workplan.

C. Deliverables

i. Draft outline for workplan and meeting materials

ii. Draft Workplan for review and comment

iii. Final Workplan with response to comments

D. Schedule

i. Complete within approximately six – eight months of a notice to proceed on the

project depending on stakeholder and Regional Board reviews.

ii. Coordinate deliverable reviews with Executive Committee meeting process.

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6/15/17 Draft Version 4 DRAFT FOR APPROVAL

CV-SALTS IMPLEMENTATION

OUTREACH TASK

1. CAA FUNDING FOR CV-SALTS IMPLEMENTATION OUTREACH

The purpose of using the CAA funds available for SNMP Implementation is to support

outreach activities to engage permittees in the implementation of the CV-SALTS SNMP.

This effort should reduce the barriers to implementation and assist the regulated

community in better understanding and more economically implementing the SNMP.

Other sections of this grant are dedicated to supporting the Management Zone

Permitting Strategy for Nitrates, while this section would target all types of permittees

and may also assist with Salinity Management Strategy implementation. This outreach

is intended to achieve several purposes:

Expand knowledge of salt and nitrate issues in the Central Valley and how they

are addressed by the SNMP

Encourage early participation and reduce misinformation among the regulated

community

Assist the regulated community in identifying the most economic and effective

method to comply with the new requirements of the SNMP.

Assist Management Zones with materials and support tools for working with the

Disadvantaged Communities in their zones

Assist the regulated community in understanding the salt management strategy

and how to participate in the Prioritization and Optimization Study

Outreach to potential non-permittee Management Zone participants to improve

their understanding of the benefits of participation

A. Scope of Work

i. Outreach Consultant to coordinate and support the Public Education and

Outreach Committee (PEOC) and to provide project management and reporting

ii. With the PEOC identify materials and communication outreach methods to

support the goals above.

iii. Develop in Draft with the PEOC and Finalize through the Executive Committee

materials that support the program

1. Pamphlets or fact sheets or similar materials for outreach

2. Email, web, social media and other communication pieces

3. Public explanation, video, or other support to assist permittees and their

public in understanding the SNMP and implementation requirements

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4. Press focused outreach materials and copy for newsletters and local press

iv. Support area, community or industry outreach as requested

v. Report effectiveness and accomplishments

vi. Compile final materials and a brief report of results for Executive Committee

acceptance.

B. Budget

i. Recommend $70,000 of the $500,000 be allocated to CV-SALTS Implementation

Outreach

ii. General Project support, meeting attendance and reporting - $10,000

iii. Budget based on approximately $25,000 for the video and $35,000 for other

materials and support efforts

iv. Consultant team to provide support based on the approved agreement to

complete tasks

v. Budgets will be maximums and may be supplemented by grantee or other CV-

SALTS participants by agreement

C. Deliverables

i. Draft materials, examples in A.iii. for review, Video Script, and other materials

ii. Final Draft and Final for Printing Submittals with Original artwork/files

iii. Final Draft and Final Video in formats for web and local play via DVD

iv. Brief Summary report of efforts and next steps

D. Schedule

i. Schedule in grant should be 2 years with most efforts occurring in the first year,

but may be initiated somewhat after the initial grant begins

ii. If not all funds are used in the initial implementation, the contract may be

suspended until needed for later phases of work

iii. Final report and all materials should be submitted within 30 months

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2017SALT & NITRATES

Threat to Water Quality and the Economy The Central Valley (Valley) is the epicenter of California’s economy—encompassing 40% of the state and providing water for people and businesses from San Francisco to San Diego, as well as food for California, the nation, and the world. Over the last 150 years, increased agricultural, industrial, and municipal activities, coupled with popula-tion growth, have resulted in dramatic increases in salts and nitrates in groundwater, soils, and surface waters. In some communities, the nitrate concentrations have caused unsafe drinking water. Salt accumulations have resulted in 250,000 acres being taken out of production and 1.5 million acres have been declared salinity impaired. If not addressed, the economic impacts of salts and nitrates on the Valley are estimated to exceed $3-billion per year.

COMPLIANCE With Regulation is a ChallengeSalt and nitrate discharges by agriculture, municipal, and industrial activities are regulated by the Central Valley Water Quality Control Board (Central Valley Water Board). New and improved management practices have already been implemented to reduce salt and nitrate discharg-es into surface and ground waters, but compliance with current regulations is difficult and, in some areas of the Valley, even impossible. New, updated, flexible regulations are needed that address the Valley’s natural diversities (e.g. climatic, hydrologic, geologic) while protecting water quality and maintaining a strong economy.

COLLABORATIONTo Develop SolutionsIn 2006, a coalition of stakeholders, including federal, state and local agencies, permitted dischargers (growers, ranchers, municipalities, food processors, etc.), and environmental justice groups, started discussing how to balance maintaining a strong economy while ensuring safe

drinking water. This initiative is called the Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS). To help fund the technical and scientific studies necessary to support the development of alternative regulatory approaches, the Central Valley Salinity Coalition (CVSC) was established in 2008.

NEW PLAN Underway to Manage Salts & NitratesThe Central Valley Salt and Nitrate Management Plan (SNMP) was released in January 2017. The SNMP is built on a strong regulatory, technical, and policy foundation. The SNMP recommends that the existing Basin Plans be amended (see page 4) to include the new and revised regulations that would allow more flexibility to manage salts and nitrates locally while providing safe drinking water supplies.

GOALS

PROVIDE SAFE DRINKING WATER SUPPLIES

Short & long term solutions

REDUCE SALT & NITRATE IMPACTS

Timeframe & costs vary

RESTORE GROUND WATER QUALITY

Where reasonable & feasible

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The SNMP establishes three primary management goals to guide implementation.

C E N T R A L V A L L E Y S A L I N I T Y A LT E R N A T I V E S F O R L O N G - T E R M S U S T A I N A B I L I T Y

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NEW APPROACH TO SALT MANAGEMENTA Long-Term Focus The current high level of salt in portions of the Valley is a result of a combination of agricultural, industrial, municipal, and water supply activities. Dams and imported water supplies have reduced the natural flushing of salt and increased the amount of salt brought into the Valley. Salt concentrations in the groundwater are natural-ly high in some areas and increasing in most. For example, in the San Joaquin Valley, 6 million tons of salt accumulate every year. The recent drought increased the use of groundwater with higher concentrations of salt.

Technical studies conclude that a long-term strategy for manag-ing salinity is necessary. Current management activities only address about 15% of the annual salt load; long-term solutions are needed to address the remaining 85%. While this strategy is devel-oped, a permitting approach is recom-mended to facilitate immediate solutions.

A CLOSER LOOKSalt Management Plan

SHORT-TERM SOLUTION: Interim Salinity Permitting During the development of the long-term plan for salt manage-ment, an Interim Permitting Approach will be used. This approach may include actions such as: • Continued implementation of existing pollution prevention,

watershed, and salt reduction plans.• Continued maintenance of current salinity discharge levels.• Enforced compliance with Interim Permit Limits. • Implementation of new salinity management practices and

source control activities. • Monitoring of salinity discharge activities where required. • Participating in Prioritization and Optimization Study.

LONG-TERM SALT MANAGEMENT A Phased Approach

DevelopmentPerform a Prioritization and Optimization Study to:•Definepotentialregionaland subregionalprojects(e.g., de-salters, regulated brine line)andpractices (e.g., new treatment controls, development of new water supplies).

•Identifyfundingsources.•Establishgovernancestructuresto implementlarge-scaleprojects.

FundingObtain funding and complete environmental permitting and engineering/design for projects identified in Phase One.

Construct ProjectsConstruct salt management projects developed in Phases One and Two.

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2

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WHAT DOES THIS MEAN FOR YOU?Most of the nitrates accumulating in the groundwater come from sources such as manure, fertilizer, and failing septic systems. In the Valley, 90% of residents rely on groundwater wells for drinking water, and some of this supply is now unsafe. Currently, dis chargers (growers, ranchers, municipali-ties, food processors, etc.) are regulated for nitrate discharge, but in many cases the regulations are difficult or even impossible to achieve. The SNMP is recommending new regulations that encour-age dischargers to participate in projects that provide safe drinking water. Those providing safe drinking water may be given an option of having more time to achieve nitrate compliance.

To streamline resources while addressing nitrate management issues, the Valley has been separated into three areas of priority for nitrate management. The highest priority areas have the greatest number of affected drinking water supplies and will be addressed first. The high priority areas are located in these Basins or Subbasins: Kaweah, Turlock, Chowchilla, Tule, Modesto, and Kings.

What is Different?A Notice to Comply would be issued to all dischargers located in high-priority areas (see above). Dischargers would have two pathways to choose from:

A. Maintain traditional permitting, OR B. Follow the new management zone permitting option.

Both options prioritize ensuring safe drinking water.

Traditional PermittingA discharger may opt to comply under the traditional permit requirements established in the SNMP either as an individual (e.g. a food processing plant) or as a third party (e.g. growers and farmers represented by a third party such as an irrigated lands coalition).

New Groundwater Management Zone PermittingDischargers that choose to work as part of a collective with other dischargers would form a local management zone. The zone then serves as a discrete regulatory compliance unit for nitrate compliance.

Dischargers would continue implementing best practices and nitro-gen management plans while working to provide safe drinking water within the zone. In turn, dischargers may be allowed more time to achieve nitrogen balance and restore affected water bodies.

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Nitrate Management Zone PathwayA Closer Look

Here’s a possible scenario, once the SNMP regulations go into effect: AmunicipalwastewatertreatmentplantorfoodprocessingplantreceivesaNoticetoComply.They have two choices: (A) complyasanindividualpermitteeundertraditionalpermittingor (B) joinamanagementzonewithotherdischargerswhothenworktogethertoassurezoneresidentshavesafedrinkingwater.Inexchange,thezoneparticipantsareallowedmoretimeandflexibilitytoachievenitratecompliance.TheCentralValleyWaterBoardprovidesguidance,oversight,andnecessaryapprovalsformanagementzonecreation,planning,andimplementation.

A NEW APPROACHHow Nitrate Management Affects You

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EBASIN PLAN AMENDMENTS IN THE WORKS The Central Valley Water Board oversees the regulation of agricultural, municipal, and industrial waste discharges of nitrates and salts within the Valley. The Central Valley Water Board uses two Basin Plans as the basis for regulating water quality: the Sacramento River-San Joaquin Basin Plan and the Tulare Lake Basin Plan. Those providing safe drinking water may be given an option of having more time to achieve nitrate compliance. Once amended, the Central Valley Water Board will be able to implement regulations that offer greater flexibility for discharger compliance while ensuring safe drinking water in affected areas and long-term progress toward improved surface and ground water quality.

GET INVOLVED & LEARN MORE! Do you use water in the Valley?

Join CV-SALTS to help bring safe drinking water to the entire Central Valley.

Visit CVSalinity.org to learn how you can help and to receive CV-SALTS updates.

Public Release of SNMP

Basin Plan Amendments Drafted to reflect SNMP recommendations

Center Valley Water Board Consideration of Adoption of Basin Plan Amendments

Basin Plan Amendments Approval Considered by Office of Administrative Law

Basin Plan Amendments Approval by Environmental Protection Agency (EPA)

SNMP Accepted by resolution at Central

Valley Water Board Public hearing

Central Valley Water Board Hearing

on Basin Plan Amendments

Basin Plan Amendments

Approval Considered

by State Water Resource Control

Board

Implementation of groundwater actions

can begin in high priority areas

JAN 2017

MAR 2017

OCT 2017

FEB2018

APR2018

JULY2018

AUG2018

SEP2018

LATE2018

LATE2018

4

LEARN MORE Visit any of these online resources to learn more about the CV-SALTS effort:

www.cvsalinity.org

www.waterboards.ca.gov/centralvalley

Salt & Nitrate Management Planwww.cvsalinity.org/docs/central-valley-snmp/final-snmp

Implementation of surface water actions

can begin in high priority areas

Approved Version June 8, 2017 PACKAGE

CV-SALTS Meeting Calendar

1 2 3 Light Red conflicts

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Reginal Board Workshop/Hearing

5 1 2 3 4 9 1 2 3 4

1 1 2 3 4 5 6 7 6 5 6 7 8 9 10 11 10 5 6 7 8 9 10 11 Wed/Thurs 4th or 3rd

2 8 9 10 11 12 13 14 7 12 13 14 15 16 17 18 11 12 13 14 15 16 17 18 Policy Related Meetings

3 15 16 17 18 19 20 21 8 19 20 21 22 23 24 25 12 19 20 21 22 23 24 25 Policy or Admin Calls

4 22 23 24 25 26 27 28 9 26 27 28 13 26 27 28 29 30 31

5 29 30 31

Yellow Salty 5

4 5 6

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Lower San Joaquin

13 1 18 1 2 3 4 5 6 22 1 2 3 TAC Meeting

14 2 3 4 5 6 7 8 19 7 8 9 10 11 12 13 23 4 5 6 7 8 9 10

15 9 10 11 12 13 14 15 20 14 15 16 17 18 19 20 24 11 12 13 14 15 16 17

16 16 17 18 19 20 21 22 21 21 22 23 24 25 26 27 25 18 19 20 21 22 23 24 Regional Board Presentation ____

17 23 24 25 26 27 28 29 22 28 29 30 31 26 25 26 27 28 29 30

18 30 Wednesday Meetings are DRAFT

May be held by Webinar or

7 8 9 in person in Sacramento half day

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat

26 1 31 1 2 3 4 5 35 1 2

27 2 3 4 5 6 7 8 32 6 7 8 9 10 11 12 36 3 4 5 6 7 8 9

28 9 10 11 12 13 14 15 33 13 14 15 16 17 18 19 37 10 11 12 13 14 15 16

29 16 17 18 19 20 21 22 34 20 21 22 23 24 25 26 38 17 18 19 20 21 22 23

30 23 24 25 26 27 28 29 35 27 28 29 30 31 39 24 25 26 27 28 29 30

31 30 31

10 11 12

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat

44 1 2 3 4 48 1 2

40 1 2 3 4 5 6 7 45 5 6 7 8 9 10 11 49 3 4 5 6 7 8 9

41 8 9 10 11 12 13 14 46 12 13 14 15 16 17 18 50 10 11 12 13 14 15 16

42 15 16 17 18 19 20 21 47 19 20 21 22 23 24 25 51 17 18 19 20 21 22 23

43 22 23 24 25 26 27 28 48 26 27 28 29 30 52 24 25 26 27 28 29 30

44 29 30 31 53 31

2017

July August September

October November December

Notes/Key

January February March

April May June

6/6/2017

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DRAFT Policy for Control and Permitting of Nitrate Discharges to Groundwater in the

Sacramento-San Joaquin River Basins and in the Tulare Lake Basin

The Policy for Control and Permitting of Nitrate Discharges to Groundwater in the Sacramento-San Joaquin River Basins and in the Tulare Lake Basin (Nitrate Control Program) applies to all groundwater basins that are designated with the municipal and domestic (MUN) beneficial use. This amendment was adopted by the Central Valley Water Board on XX April 2018, and approved by the State Water Resources Control Board on X ______ 2018. The Effective Date of the Nitrate Control Program shall be X ______ 2018, the date of Office of Administrative Law approval. Program Overview The State Water Board Recycled Water Policy requires the development of salt and nutrient management plans protective of groundwater. The Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) stakeholder process developed a comprehensive salt and nitrate management plan (SNMP) for the Central Valley Region, which was submitted to the Central Valley Water Board in January of 2017. The SNMP is the basis for the Nitrate Control Program. The SNMP summarizes existing nitrate conditions in the Central Valley, and based on this information, the Central Valley Water Board recognizes that there are groundwater basins and sub-basins in the Central Valley that currently exceed the water quality objective for nitrate, which is set at the primary maximum contaminant level of 10 mg/L-N. The SNMP and supporting studies identified that the cost for treating groundwater that exceeds 10 mg/L-N to be in the range of $36 to $81 billion, and in some scenarios would take more than 70 years for groundwater to meet the standard. Based on this and other information, the SNMP includes three management goals: Goal 1 – Ensure a Safe Drinking Water Supply; Goal 2 – Achieve Balanced Salt and Nitrate Loadings; and, Goal 3- Implement Managed Aquifer Restoration Program. The actual timeframe for meeting these three goals, and ultimately for all groundwaters that have the beneficial use designation of MUN to meet the water quality objective of 10 mg/L-N for nitrate, is largely unknown and will vary from basin to basin. However, based on the studies conducted as part of the SNMP, the Central Valley Water Board acknowledges that for some basins, it may take multiple decades. Because of this variability and uncertainty, the Nitrate Control Program first addresses health risks associated with drinking water that exceeds the nitrate drinking water standard, and manages nitrates through waste discharge requirements (WDRs), Conditional Waivers where applicable, and through other appropriate orders to be adopted by the Central Valley Water Board.

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Where ambient groundwater conditions currently exceed the nitrate water quality objective for protection of the MUN beneficial use, the Nitrate Control Program provides the Central Valley Water Board with authority and flexibility to permit discharges of nitrates by providing the Central Valley Water Board with the discretion to allow exceptions for meeting nitrate water quality objectives for the protection of the MUN beneficial use subject to certain conditions, which are specified in the Exceptions Policy. One primary condition for authorizing an exception is that a discharger, or dischargers working collectively in a management zone, must implement an approved Alternative Compliance Project, which must assure that groundwater users impacted by discharges of nitrates from those seeking the Exception have drinking water that meets state and federal drinking water standards. In some circumstances, the Nitrate Control Program provides the Central Valley Water Board with authority and flexibility to determine if assimilative capacity is available for nitrates on a volume-weighted average basis in the upper zone of the groundwater within a defined management zone area. When granting assimilative capacity on a volume-weighted average basis, the Central Valley Water Board must comply with Resolution 68-16 and find that the granting of assimilative capacity is to the maximum benefit to the people of the state, which includes assuring that groundwater users impacted by discharges of nitrates from those seeking assimilative capacity on a volume-weighted average basis have drinking water that meets state and federal drinking water standards The Nitrate Control Program establishes priority Groundwater Basins/Subbasins based on ambient nitrate conditions, and timelines for implementing nitrate management actions in the Priority 1 and Priority 2 Groundwater Basins/Subbasins, which are shown in Table 1 below. Areas (i.e., Groundwater Basins/Subbasins) not identified as Priority 1 or 2 (see Table 2) will need to comply with the Nitrate Control Program as directed by the Central Valley Water Board’s Executive Officer as resources allow. When required to comply with the Nitrate Control Program, after receiving notification from the Central Valley Water Board of the need to comply, dischargers subject to the Nitrate Control Program will have an option to comply as an individual discharger or through a General Order issued to Third Party Group, or by participating in a Management Zone. In areas where nitrate ambient groundwater conditions are of great concern, the Central Valley Water Board encourages dischargers to work cooperatively and implement nitrate management actions through a Management Zone. In all cases, the Nitrate Control Program seeks to protect high quality groundwater by establishing triggers. The triggers are not water quality objectives but before the Central Valley Water Board can authorize a discharge, or collective discharges in a Management Zone, to exceed an established trigger level, the Central Valley Water Board will need to require an Alternative Compliance Project, except in limited and unique circumstances. Priority Areas for Implementation Based on ambient nitrate concentrations in the Upper Zone (see definitions section for the definition of Upper Zone), the following Priority 1 and 2 Groundwater Basins/Subbasins shall be subject to compliance with the Nitrate Control Program according to the timelines set forth in the Implementation Program. The timelines established in the Implementation Program are intended

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to ensure prompt and effective implementation of the Nitrate Control Program to protect those municipal and domestic (MUN) users of groundwater that may be impacted by nitrate contamination of groundwater. However, the Executive Officer of the Central Valley Water Board retains some discretion to extend the timelines for implementation of the Nitrate Control Program based on proper justification. Table 1 – Prioritized DWR Bulleting 118 Groundwater Basins/Subbasins

PRIORITY 1

PRIORITY 2

5-22.11 Kaweah 5-21.67 Yolo 5-22.03 Turlock 5-22.04 Merced 5-22.05 Chowchilla 5-22.14 Kern County (Westside

South) 5-22.13 Tule 5-22.12 Tulare Lake 5-22.02 Modesto 5-22.14 Kern County (Poso) 5-22.08 Kings 5.22-07 Delta Mendota

5-22.01 Eastern San Joaquin 5-22.06 Madera

For the Non-Prioritized Basins/Subbasins identified in Table 2, a timeline for implementation of the Nitrate Control Program is not established in the Implementation Program. However, it is expected that the Central Valley Water Board will direct implementation of the Nitrate Control Program for these programs as expeditiously as possible, depending on available resources. The Central Valley Water Board maintains the discretion to direct dischargers in any of the Non-Prioritized Basins/Subbasins to comply with the Nitrate Control Program as the Central Valley Water Board deems is necessary to ensure that MUN users of groundwater have access to safe drinking water. When directing dischargers to comply with the Nitrate Control Program, the Central Valley Water Board shall allow the minimum time for development of Preliminary Management Zone Proposals and submittals of Notices of Intent as explained further in the Implementation Program. Table 2 Non-Prioritized DWR Bulleting 118 Groundwater Basins/Subbasins

Non Prioritized Basins 2-4 Pittsburg Plain

5-21.66 Solano 5-22.15 Tracy

2-3 Suisun-Fairfield Valley 5-21.52 Colusa 5-22.14 Kern County (Kern River) 5-21.61 South Yuba 5-21.64 North American 5-21.57 Vina 5-22.16 Cosumnes 5-21.58 West Butte

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5-21.68 Capay Valley 5-21.62 Sutter 5-21.56 Los Molinos 5-22.10 Pleasant Valley 5-21.60 North Yuba 5-21.65 South American 5-21.54 Antelope 5-21.59 East Butte 5-21.51 Corning 5-21.50 Red Bluff 5-21.55 Dye Creek 5-22.09 Westside 5-21.53 Bend 5-6.04 Enterprise 5-6.03 Anderson 5-6.01 Bowman 5-6.06 South Battle Creek 5-6.05 Millville 5-6.02 Rosewood

Implementation Program Timelines for Implementing the Nitrate Control Program To implement the Nitrate Control Program, it is necessary for the Central Valley Water Board to notify dischargers within the Central Valley Region of their duty to comply with the Nitrate Control Program. Accordingly, the Central Valley Water Board shall make such notification to dischargers by issuing a Notice to Comply. The Central Valley Water Board shall issue the first phase of Notices to Comply to those dischargers within Priority 1 Basins/Subbasins as soon as is reasonably feasible prior to the Effective Date of this Policy. For dischargers within Priority 2 Basins/Subbasins, the Central Valley Water Board shall issue Notices to Comply within 2 to 4 years of the Effective Date of this Policy. For dischargers within all other Basins/Subbasins, the Central Valley Water Board shall issue Notices to Comply in a time manner that is reasonable, based on available resources. Once issued, the Notice to Comply triggers timelines for development of Preliminary Management Zone Proposals, Notices of Intent to Comply, Early Action Plans, and other subsequent steps. The amount of time allowed to dischargers after receiving the Notice to Comply varies based on the Priority of the Basin/Subbasin. For the purposes of the Nitrate Control Program, the term dischargers means individual facility-type dischargers subject to individual Waste Discharge Requirements (e.g., POTWs), individual facility-type dischargers subject to General Waste Discharge Requirements that essentially comply with the General Waste Discharge Requirements as an individual facility (e.g., Dairy General Order), or non-point source type dischargers subject to General Waste Discharge Requirements through a Third Party (e.g., Irrigated Lands Third Party Orders). For those

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dischargers that are essentially regulated as an individual facility, notifications required by the Nitrate Control Program shall be issued and received on an individual basis. For those dischargers that are part of a third-party group, notifications required by the Nitrate Control Program may be issued to and received from the Third Party group on behalf of their members. Priority 1 Basins/Subbasins For dischargers in Priority 1 Basins/Subbasins, and where the Central Valley Water Board has issued Notices to Comply in advance of the Effective Date of this Policy, an initial group of dischargers seeking to comply with the Nitrate Control Program as a Management Zone shall submit a Preliminary Management Zone Proposal to the Central Valley Water Board for posting and for dissemination to other dischargers within the proposed Management Zone boundary area within 270 days after receiving a Notice to Comply. The Preliminary Management Zone Proposal will need to meet the requirements as set forth in the Management Zone Compliance Section of this Policy. The Executive Officer of the Central Valley Water Board retains the discretion to extend the 270-day timeline for submittal of a Preliminary Management Zone Proposal if proper justification is provided to the Executive Officer at least 30 days prior to the expiration of the 270-day deadline. For dischargers that are not participating in the initial group of dischargers seeking to comply with the Nitrate Control Program as a Management Zone, such dischargers shall conduct an initial assessment of their discharges as they relate to nitrates. The initial assessment will need to meet the requirements for Initial Assessments as outlined in the Non-Management Zone Compliance Section of this Policy. Such dischargers will have at least 270 days to conduct the Initial Assessment, and will have an additional 60-days after posting and notification of a Preliminary Management Zone Proposal that overlays the area in which they discharge nitrates to submit a Notice of Intent for Compliance with the Nitrate Control Program. The Notice of Intent for Compliance with the Nitrate Control Program shall indicate if the discharger seeks to comply with the Nitrate Control Program by participating in a Management Zone, or comply through Non-Management Zone Compliance. If the discharger decides to seek to comply by participating in a Management Zone, then the Notice of Intent shall include the dischargers name, intent to comply through a Management Zone, and name of the Management Zone group to which the discharger intends to join. If the discharger decides to comply through the Non-Management Zone Compliance option, then the Notice of Intent shall include the dischargers name, intent to comply through the Non-Management Zone Compliance option and the Initial Assessment. Dischargers that are part of the initial group of dischargers that prepared the Preliminary Management Zone Proposal shall be presumed to agree to comply with the Nitrate Control Program by participating in the Management Zone, unless they otherwise notify the Central Valley Water Board of their intent to comply through the Non-Management Zone Compliance option through submittal of a Notice of Intent. In such a case, the discharger will need to submit the Initial Assessment as outlined in the Non-Management Zone Compliance section of this Policy along with their Notice of Intent to the Central Valley Water Board.

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Priority 2 Basins/Subbasins For dischargers in Priority 2 Basins/Subbasins, dischargers or an initial group of collective dischargers seeking to comply with the Nitrate Control Program as a Management Zone shall submit a Preliminary Management Zone Proposal to the Central Valley Water Board for posting and for dissemination to other dischargers within the proposed Management Zone boundary area within 1-Year after receiving a Notice to Comply. The Preliminary Management Zone Proposal will need to meet the requirements as set forth in the Management Zone section of this Policy. The Executive Officer of the Central Valley Water Board retains the discretion to extend the 1-Year timeline for submittal of a Preliminary Management Zone Proposal if proper justification is provided to the Executive Officer at least 30 days prior to the expiration of the 1-Year deadline. For dischargers that are not participating in the initial group of dischargers seeking to comply with the Nitrate Control Program as a Management Zone, such dischargers shall conduct an initial assessment of their discharges as they relate to nitrates. The initial assessment will need to meet the requirements for Initial Assessments as outlined in the Non-Management Zone Compliance Section of this Policy. Such dischargers will have at least 1-Year to conduct the Initial Assessment, and will have an additional 60-days after posting and notification of a Preliminary Management Zone Proposal that overlays the area in which they discharge nitrates to submit a Notice of Intent for Compliance with the Nitrate Control Program. The Notice of Intent for Compliance with the Nitrate Control Program shall indicate if the discharger seeks to comply with the Nitrate Control Program by participating in a Management Zone, or comply through Non-Management Zone Compliance. If the discharger decides to seek to comply by participating in a Management Zone, then the Notice of Intent shall include the dischargers name, intent to comply through a Management Zone, and name of the Management Zone group to which the discharger intends to join. If the discharger decides to comply through the Non-Management Zone Compliance option, then the Notice of Intent shall include the dischargers name, intent to comply through the Non-Management Zone Compliance option and the Initial Assessment. Dischargers that are part of the initial group of dischargers that prepared the Preliminary Management Zone Proposal shall be presumed to agree to comply with the Nitrate Control Program by participating in the Management Zone, unless they otherwise notify the Central Valley Water Board of their intent to comply through the Non-Management Zone Compliance option through submittal of a Notice of Intent. In such a case, the discharger will need to submit the Initial Assessment as outlined in the Non-Management Zone Compliance section of this Policy along with their Notice of Intent to the Central Valley Water Board. Non-Priority Basins/Subbasins For dischargers in Non-Priority Basins/Subbasins, dischargers or an initial group of collective dischargers seeking to comply with the Nitrate Control Program as a Management Zone shall submit a Preliminary Management Zone Proposal to the Central Valley Water Board for posting

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and for dissemination to other dischargers within the proposed Management Zone boundary area within 1-Year after receiving a Notice to Comply. The Preliminary Management Zone Proposal will need to meet the requirements as set forth in the Management Zone section of this Policy. The Executive Officer of the Central Valley Water Board retains the discretion to extend the 1-Year timeline for submittal of a Preliminary Management Zone Proposal if proper justification is provided to the Executive Officer at least 30 days prior to the expiration of the 1-Year deadline. For dischargers that are not participating in the initial group of dischargers seeking to comply with the Nitrate Control Program as a Management Zone, such dischargers shall conduct an initial assessment of their discharges as they relate to nitrates. The initial assessment will need to meet the requirements for Initial Assessments as outlined in the Non-Management Zone Compliance Section of this Policy. Such dischargers will have at least 1-Year to conduct the Initial Assessment, and will have an additional 60-days after posting and notification of a Preliminary Management Zone Proposal that overlays the area in which they discharge nitrates to submit a Notice of Intent for Compliance with the Nitrate Control Program. The Notice of Intent for Compliance with the Nitrate Control Program shall indicate if the discharger seeks to comply with the Nitrate Control Program by participating in a Management Zone, or comply through Non-Management Zone Compliance. If the discharger decides to seek to comply by participating in a Management Zone, then the Notice of Intent shall include the dischargers name, intent to comply through a Management Zone, and name of the Management Zone group to which the discharger intends to join. If the discharger decides to comply through the Non-Management Zone Compliance option, then the Notice of Intent shall include the dischargers name, intent to comply through the Non-Management Zone Compliance option and the Initial Assessment. Dischargers that are part of the initial group of dischargers that prepared the Preliminary Management Zone Proposal shall be presumed to agree to comply with the Nitrate Control Program by participating in the Management Zone, unless they otherwise notify the Central Valley Water Board of their intent to comply through the Non-Management Zone Compliance option through submittal of a Notice of Intent. In such a case, the discharger will need to submit the Initial Assessment as outlined in the Non-Management Zone Compliance section of this Policy along with their Notice of Intent to the Central Valley Water Board. Management Zone Compliance Policy

The Central Valley Water Board recommends and encourages compliance with the Nitrate Control Program through Management Zones, especially where there are complex and significant concerns with meeting nitrate water quality objectives for protection of the MUN beneficial use in groundwater. In areas of the Central Valley where compliance with nitrate water quality objectives is not a significant issue of concern (e.g., Non-Priority Basins/Subbasins), the establishment of Management Zones for complying with the Nitrate Control Program may not be appropriate. In such cases, dischargers should comply with the Nitrate Control Program through the Non-Management Zone Compliance option.

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Intent and Purpose of a Management Zone

Defined area that is a portion of a larger groundwater basin/subbasin or land area that serves as a discrete regulatory compliance unit for complying with the Nitrate Control Program.

Includes the groundwater and those dischargers that discharge nitrate to said groundwater that have selected to comply with the Nitrate Control Program through participation in the defined Management Zone.

Where groundwater within the Management Zone boundary, and groundwater impacted by those dischargers within the Management Zone boundary, are being used as a drinking water supply, and where those drinking water supplies are impacted by nitrates and exceed or will exceed nitrate drinking water standards in the foreseeable future, Management Zones need to facilitate the assurance of safe drinking water for all residents in the area adversely affected by those dischargers of nitrates that are participating in the Management Zone.

To facilitate the assurance of safe drinking water, Management Zones need to encourage stakeholder coordination and cooperation, and work towards better resource management through appropriate allocation of resources.

In exchange for facilitating the assurance of safe drinking water, the Central Valley Water Board will have the authority to provide the Management Zone, and its discharger participants, with regulatory flexibility where needed to prioritize nitrate management activities and to comply with the Nitrate Control Program.

Preliminary Management Zone Proposal An initiating group of dischargers seeking to comply with the Nitrate Control Program through this Management Zone Compliance Policy shall prepare a Preliminary Management Zone Proposal. The Preliminary Management Zone Proposal needs to include all of the following:

Proposed preliminary boundary areas; Identification of Initial Participants/Dischargers; Identification of other dischargers and stakeholders in the management zone area that the

initiating group is in contact with regarding participation in the management zone; Identification of process for coordinating with others that are not dischargers to address

drinking water issues, which must include consideration of coordinating with affected communities, domestic well users and their representatives, the State Water Board’s Division of Drinking Water, Local County Health Officials, Sustainable Groundwater Management Agencies and others as appropriate;

Initial identification of public supply wells, and/or domestic wells that exceed the drinking water standard for nitrate;

An Early Action Plan (EAP), that includes specific actions and a schedule of implementation to address the immediate drinking water needs of those initially identified within the management zone boundary that are drinking groundwater that exceeds nitrate standards and that do not otherwise have interim replacement water that meets drinking water standards;

Initial assessment of groundwater conditions based on existing data and information;

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Identified constituents of concern the group intends to address with the management zone besides nitrates (the group has the option to consider other constituents of concern, but is not required to do so);

Proposed timeline for: o Identifying additional participants; o Further defining boundary areas; o Developing proposed governance and funding structure for administration of the

Management Zone; o Developing funding mechanism for implementing the EAP, which may include

seeking funding from Management Zone participants, and/or local, state and federal funds that are available for such purposes;

o Additional evaluation of groundwater conditions across the management zone boundary area, if necessary;

o Identification of need for assimilative capacity on a management zone basis, or need for obtaining an approved exception from meeting the nitrate water quality objective for protection of the MUN beneficial use; and

o Preparing and submitting a Final Management Zone Proposal and a Management Zone Implementation Plan.

Pursuant to the timelines provided in this Policy, Preliminary Management Zone Proposals shall be submitted to the Central Valley Water Board for review. Upon receipt of a Preliminary Management Zone Proposal, the Central Valley Water Board shall prominently post the proposal on its website, circulate the Proposal publically through its Lyris list-serve and provide individual post card notices (as resources allow) of the Proposals availability to dischargers within the Management Zone boundary area that are not already identified as initiating dischargers. The Central Valley Water Board shall also work with the group of initiating dischargers to help communicate the availability of the Proposal. Implementation of Early Action Plan The Early Action Plan (EAP) as submitted as part of the Preliminary Management Zone Proposal shall start to be implemented within 60 days of submittal of the Preliminary Management Zone Proposal to the Central Valley Water Board, unless the Central Valley Water Board provides objections in writing within that 60-day period. Final Management Zone Proposal Within 180-days after submittal of a Preliminary Management Zone Proposal, a Management Zone shall submit a Final Management Zone Proposal to the Central Valley Water Board. The Executive Officer of the Central Valley Water Board retains the discretion to extend the 180-day deadline for submittal of the Final Management Zone Proposal if proper justification is provided at least 30-days prior to expiration of the 180-day period. The Final Management Zone Proposal must include the information from the Preliminary Management Zone Proposal, updated as necessary, as well as the following:

Timeline for development of the Management Zone Implementation Plan;

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Updated list of participants; Governance structure that, at a minimum, establishes the following: (a) roles and

responsibilities of all participants; (b) identification of funding or cost-share agreements to implement short term nitrate management projects/activities, which may include local, state and federal funds that are available for such purposes; and (c) a mechanism to resolve disputes among participating dischargers;

Additional evaluation of groundwater conditions across management zone area, if necessary;

Identification of proposed approach for regulatory compliance (i.e., use of assimilative capacity and/or seeking approval of an exception for meeting nitrate water quality objectives); and,

Explanation of how the management zone intends to interact and/or coordinate with other similar efforts such as those underway pursuant to the SGMA.

A Management Zone may include its application for an exception pursuant to the Exceptions Policy, or its request for use of assimilative capacity (with all supporting documentation) at the time of submittal of the Final Management Zone Proposal. The Executive Officer of the Central Valley Water Board retains the discretion to determine if the Final Management Zone Proposal meets the minimum requirements of this Policy, and must determine if the Final Management Zone Proposal is deemed to be complete, and is thus approved. Once the Final Management Zone Proposal is deemed complete and approved, the Management Zone shall move forward to develop a Management Zone Implementation Plan that meets the requirements set forth in this Policy. Development of the Management Zone Implementation Plan shall be done according to the timeline in the Final Management Zone Proposal as approved by the Executive Officer of the Central Valley Water Board. In its approval of the timeline for developing the Management Zone Implementation Plan, the Executive Officer shall consider the size and complexity of the area covered by the Final Management Zone Proposal, and the number of residences and/or community water systems that are within the Management Zone area and that are impacted by nitrate contamination. If the Final Management Zone Proposal includes an application for an exception pursuant to the Exceptions Policy, or the request for use of assimilative capacity, approval of these components of the Final Management Zone Proposal may not be approved by the Executive Officer but must be approved by the Central Valley Water Board in conjunction with revisions to Waste Dischr Management Zone Implementation Plan A Management Zone Implementation Plan must include the following minimum requirements:

Must identify how short-term and long-term drinking water needs affected by nitrates in the Management Zone area (and area impacted by dischargers within the Management Zone) are being addressed, and must show that where groundwater is impaired by nitrate contamination that a drinking water supply that meets drinking water standards is available to all drinking water users within the management zone boundary;

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Must show how the Management Zone plans to achieve balanced nitrate loadings within the management zone (to the extend feasible and reasonable);

Must have a plan for establishing a managed aquifer restoration program to restore nitrate levels to concentrations at or below the water quality objectives to the extent it is feasible and reasonable to do so;

Any proposed short/long-term activities to provide safe drinking water must also document collaboration with the community and/or users benefitting from the proposal(s);

Funding or cost-share agreements, or a process for developing such funding or cost-share agreements, to implement intermediate and long-term nitrate management projects/activities, which may include identification of local, state and federal funds that are available for such purposes;

Implementation of nitrate management activities within a management zone may be prioritized based on factors identified in the Central Valley SNMP and the results of the characterization of nitrate conditions. Prioritization provides the basis for allocating resources with resources directed to the highest water quality priorities first;

Must include a water quality characterization and identification of nitrate management measures, including:

o Characterization of nitrate conditions within the proposed management zone which will be used as the basis for demonstrating how nitrate will be managed within the management zone over short and long-term periods to meet the management goals established in the Central Valley Region SNMP.

o Short (≤ 20 years) and long-term (> 20 years) projects and/or planning activities that will be implemented within the management zone, and in particular within prioritized areas (if such areas are identified in the Implementation Plan) to make progress towards attaining each of the management goals established by the Central Valley SNMP. Over time as water quality is managed in prioritized areas, updates to the plan may shift the priorities in the management zone.

o Milestones related to achieving balanced nitrate loadings and managed aquifer restoration.

o A short and long-term schedule for implementation of nitrate management activities with interim milestones.

o Identification of triggers for the implementation of alternative procedures or measures to be implemented if the interim milestones are not met.

o A water quality surveillance and monitoring program that is adequate to assure that the plan when implemented is achieving the expected progress towards attainment of management goals. All or parts of the surveillance and monitoring program may be coordinated or be part of a valley-wide and/or regional groundwater monitoring, if appropriate.

o Consideration of areas outside of the management zone that may be impacted by discharges that occur within the management zone boundary areas.

Identify the responsibilities of each regulated discharger, or groups of regulated dischargers participating in the management zone, to manage nitrate within the Zone.

Must include information necessary for obtaining an Exception as set forth in the Exceptions Policy, or information necessary for the Central Valley Water Board to grant use of assimilative capacity for Management Zones.

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A Management Zone Implementation Plan shall be reviewed periodically, and may be modified periodically to incorporate changes based on new data or information. Any such modifications should generally be changes that will benefit water quality in the management zone. Any modifications to the Management Zone Implementation Plan that impact or change timelines, milestones or deliverables identified in the Implementation Plan must be approved by the Central Valley Water Board’s Executive Officer in accordance with the approval process set forth in this Policy. Process for Approval of Management Zone Implementation Plan & Modifications to the Management Zone Implementation Plan Upon receipt of a Management Zone Implementation Plan, or modifications to an approved Management Zone Implementation Plan that would alter timelines, milestones or deliverables, the Central Valley Water Board shall post the Management Zone Implementation Plan for a period of at least 30-days to receive public comment, and shall notify the public of the availability of the Management Zone Implementation Plan through its Lyris list-serve. The Executive Officer must consider all comments received in its process for approving the Management Zone Implementation Plan. The Executive Officer may approve, conditionally approve or reject a Management Zone Implementation Plan. If a Management Zone Implementation Plan is rejected, and if a Management Zone does not revise the Management Zone Implementation Plan in a timely manner that makes it acceptable for approval or conditional approval by the Executive Officer, then dischargers within that Management Zone must comply with the Nitrate Control Program through the Non-Management Zone Compliance Option as soon as possible, but no later than 90-days after final rejection of the Management Zone Implementation Plan by the Executive Officer. If modifications to a Management Zone Implementation Plan are not approved, then the originally approved timelines, milestones and deliverables shall still apply. Incorporation of Management Zone Requirements Into Waste Discharge Requirements or Conditional Waivers Once a Final Management Zone Proposal has been approved by the Executive Officer of the Central Valley Water Board, the Central Valley Water Board may revise nitrate specific components of Waste Discharge Requirements or Conditional Waivers for those dischargers participating in the Management Zone. Such revisions shall include requirements and/or milestones related to the timeline for development of the Management Zone Implementation Plan, and requirements and/or milestones related to a timeline for preparing an application for an Exception pursuant to the Exceptions Policy, or for obtaining use of assimilative capacity for Management Zones. If the Final Management Zone Proposal included an application for an exception pursuant to the Exception Policy, or request for use of assimilative capacity for the Management Zone, then the Central Valley Water Board may revise the Waste Discharge

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Requirements or Conditional Waivers to reflect approval of an Exception or use of assimilative capacity as determine appropriate. If the Central Valley Water Board is not approving an Exception or use of assimilative capacity for the Management Zone at this time, the Central Valley Water Board shall considering including time schedules for complying with nitrate water quality objectives in groundwater in the Waste Discharge Requirements or Conditional Waivers that are consistent with the timelines associated with Management Zone Implementation Plan development, applications for an exception per the Exceptions Policy, or request for use of assimilative capacity for the Management Zone. Once a Management Zone Implementation Plan is completed, the Central Valley Water Board may revise nitrate specific components of Waste Discharge Requirements or Conditional Waivers for those dischargers participating in the Management Zone. Such revisions shall include requirements and/or milestones related to implementation of the Management Zone Implementation Plan. If dischargers in the Management Zone have not yet received an approved Exception or use of assimilative capacity for the Management Zone, the Central Valley Water Board shall consider approval of an Exception or use of assimilative capacity at this time as long as the Management Zone request for such regulatory compliance meets the requirements of this Policy and any other applicable Policy. Allocation of Assimilative Capacity To A Management Zone A Management Zone may request that the Central Valley Water Board allocate use of available assimilative capacity for those dischargers participating in the Management Zone. Allocation of assimilative capacity to a Management Zone may be based on the volume-weighted average1 of groundwater quality within the upper zone for nitrates within the Management Zone. The allocation of assimilative capacity may not be granted for an area that is larger than an identified basin or sub-basin from Bulletin 118. A request for allocation of assimilative capacity on a Management Zone basis must include the following:

A comprehensive antidegradation analysis, consistent with the statewide Antidegradation Policy.2

Demonstration that there is sufficient assimilative capacity to ensure that discharges from participants to the Management Zone, including discharges to recharge projects, will not cause the volume-weighted average water quality in the upper zone underlying the management zone to exceed the applicable Basin Plan objective(s);

Demonstration that the proposed discharges covered by the management zone will not unreasonably affect present and anticipated beneficial uses in or down-gradient to the Management Zone;

1 See Section 3.3.1.4 of the Central Valley SNMP for acceptable method to calculate a volume-weighted average for the

production zone. 2 State Water Board Resolution 68-16. Statement of Policy with Respect to Maintaining High Quality of Waters in California (Antidegradation Policy).

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Demonstration that the allocation of assimilative capacity, and the resulting net effect on receiving water quality, is consistent with maximum benefit to the people of the State; and

Demonstration that Best Practicable Treatment or Control will be implemented to assure that a pollution or nuisance will not occur and will be consistent with maximum benefit.

Where water quality for drinking water wells within the management zone does not meet drinking water standards for nitrate, and dischargers propose to rely on the calculated assimilative capacity of the upper zone to demonstrate compliance for nitrate, then the dischargers within the management zone must accept responsibility to mitigate localized impacts of discharges within the Management Zone as well as down-gradient users, and provide "maximum benefit" by implementing and maintaining an alternative drinking water source for impacted areas (e.g., alternate water supply, well-head treatment, point-of-entry treatment, etc.). Providing an alternative drinking water source may rely on temporary methods in the short-term (e.g., < 5 years), but the Management Zone Implementation Plan shall identify a permanent solution for providing safe drinking water along with a schedule for implementation within a reasonable time frame.

Demonstration that the short and long-term solutions were developed collaboratively with the communities and/users to be protected.

Demonstration that allocation of assimilative capacity to dischargers participating in the Management Zone will not result in groundwater, as a volume weighted average in the upper zone, to exceed a trigger level of 75% of the nitrate water quality objective for MUN over a 20-year timeframe. The Central Valley Water Board retains the discretion to allocation assimilative capacity above this trigger level as long as the Central Valley Water Board can find that use of assimilative capacity above the trigger level will not result in pollution or nuisance over the longer term.

To approve use of assimilative capacity to a Management Zone using a volume weighted average in the upper zone, the Central Valley Water Board must find all of the following:

The request is consistent with the statewide Antidegradation Policy; The request is supported with a comprehensive antidegradation analysis; The Management Zone Implementation Plan addresses, or will address, the need for

assuring that users of groundwater impact by nitrates from participating dischargers have alternative drinking water sources that meet drinking water standards;

The Management Zone Implementation Plan meets, or will meet, all of the requirements of this Policy; and,

Allocation of assimilative capacity to dischargers participating in the Management Zone will not result in groundwater, as a volume weighted average in the upper zone, to exceed a trigger level of 75% of the nitrate water quality objective for MUN over a 20-year timeframe. The Central Valley Water Board retains the discretion to allocate assimilative capacity above this trigger level as long as the Central Valley Water Board can find that use of assimilative capacity above the trigger level will not result in pollution or nuisance over the longer term.

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Non-Management Zone Compliance Option

Dischargers not participating in a Management Zone, must comply with the Nitrate Control Program through this Option. Discharges subject to this option will need to be categorized in the following manner.

Category 1 - No Degradation Category: Discharge3 is equal to or less than the water quality objective of 10 mg/L-N, and the discharge is better than baseline receiving water quality.

Category 2 - De minimus Category: Baseline receiving water (i.e., shallow groundwater) has available assimilative capacity (i.e., is better than the water quality objective). For this category, the discharge(s) may be above the water quality objective as it enters the receiving water, but the discharge(s) will use less than 10% of the available assimilative capacity over a 20-year period and will not cause the receiving water to exceed a trigger of 7.5 mg/L in that time period. This would be considered a de minimus discharge.

Category 3 - Degradation Below 75% of the Water Quality Objective Category: Discharges will be considered as part of this category if the discharge occurs in a basin where concentrations in the volume-weighted upper zone do not exceed an acceptable annual increase4 and the discharger(s) anticipate using available assimilative capacity in baseline receiving water that is considered to be more than de

minimus but will not cause the receiving water to exceed a trigger of 75% of the water quality objective for nitrate over a 20 year planning horizon. To allow use of assimilative capacity for dischargers that fall within this category, the Central Valley Water Board may find it necessary to include additional monitoring and trend evaluations as part of the Waste Discharge Requirements in order to make appropriate findings consistent with Resolution 68-16.

Category 4 - Degradation Above 75% of the Water Quality Objective Category, or

Receiving Water Quality is at 50% of the WQO and the Discharge(s) occur in a Basin

where concentrations in the volume-weighted average of the upper zone exceeds the

acceptable annual increase:5 Discharges will be considered as part of this category if they anticipate using available assimilative capacity in the receiving water, and use of assimilative capacity will cause the receiving water to exceed the trigger of 75% of the water quality objective for nitrate over a 20 year planning horizon, or the receiving water is already at 50% of the WQO and the discharge(s) occur in a basin where the volume-weighted average of the upper zone exceeds an acceptable annual increase in concentration. To allow use of assimilative capacity in this circumstance, the Central Valley Water Board may require a discharger to submit a proposed Alternative Compliance Project to the Central Valley Water Board to be included as

3 Discharge as used here is intended to mean the quality of the discharge as it enters shallow groundwater. Thus, the quality of the discharge itself may exceed the standard but due to transformation and other variables, it meets or is better than the objective as it enters shallow groundwater. 4 Acceptable annual increase: upper zone concentrations do not increase more than 0.1 mg/L NO3-N per year using cumulative average annual increase over a five-year period. The cumulative average refers to an Olympic average, meaning that the highest and lowest sample results are removed; average is calculated from the remaining results. This helps address statistical outliers that otherwise may skew the results. 5 See previous footnote

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an additional condition in the Waste Discharge Requirements in order to make appropriate findings consistent with Resolution 68-16.

Category 5 - Discharge Above Objective and No Available Assimilative Capacity: Discharges that exceed the water quality objective for nitrate, and where the receiving water has no available assimilative capacity, will be considered to be part of this category. Discharges in this category will need to seek an exception pursuant to the Exceptions Policy.

Notice of Intent Dischargers that have decided to not participate in a Management Zone, or dischargers where no Management Zone is available, shall submit a Notice of Intent to the Central Valley Water Board stating that the discharger will comply with the Nitrate Control Program through the Non-Management Zone Compliance Option. Timelines for submittal of Notices of Intent are provided above. The Executive Officer of the Central Valley Water Board retains the discretion to extend the timeline for submittal of a Notice of Intent, or portions thereof, if proper justification is provided to the Executive Officer by the discharger at least two weeks in advance of when the Notice of Intent would otherwise be required for submittal. The Notice of Intent shall include the following:

An initial assessment of receiving water and/or discharge conditions; For traditional point sources, an initial assessment to determine if the discharge is

impacting any nearby public water supply wells or domestic wells for nitrates based on all readily available data and information; for non-point sources, identification of areas where there are “hot spots” with respect to nitrate concentrations in groundwater based on all readily available data and information;

As applicable, an Early Action Plan that includes specific actions and a schedule of implementation to address immediate needs of those drinking groundwater that exceeds the drinking water standard if there are public water supply or domestic wells impacted by nitrates from discharges covered by the NOI. It is anticipated that discharges in Categories 1 through 3 will not need an Early Action Plan because such discharges are arguably not causing or contributing to an exceedance of the nitrate drinking water standard. Discharges in categories 4 and 5 may need to prepare an Early Action Plan, which may be part of a proposed Alternative Compliance Project. An Early Action Plan is just that, an identification of Early Actions. The Early Action Plan may not be comprehensive, and may need to be revised and supplemented with additional information as part of an Alternative Compliance Project that may be incorporated directly into the Waste Discharge Requirements.

Identification of Category of the Discharge. If the discharger seeking compliance through this option is a third party submitting the NOI on behalf of the individual members of the third party, the third party will need to take reasonable efforts to categorize the various geographic areas as covered by the third party general order.

Information necessary to support allocation of assimilative capacity and a proposed Alternative Compliance Project, as applicable and necessary.

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Application for Exception pursuant to the Exceptions Policy, as applicable. If the discharger(s) is in an area that is covered by a Preliminary Management Zone

Proposal, and the discharger(s) is seeking an allocation of assimilative capacity under this Option, the discharger(s) must show how allocation of assimilative capacity to the discharger(s) under this Option will impact (or not) available assimilative capacity for those participating in the management zone.

Implementation of Early Action Plan When the Notice of Intent includes an Early Action Plan to address immediate drinking water needs, the discharger shall begin to implement the EAP within 60 days after submittal unless a letter of objection is provided to the discharger by the Executive Officer of the Central Valley Water Board within that 60-day period. Incorporation of Requirements Into Waste Discharge Requirements or Conditional Waivers Based on the information submitted as part of the Notice of Intent, the Central Valley Water Board may determine that existing Waste Discharge Requirements or Conditional Waivers applicable to certain dischargers comply with the Nitrate Control Program, and that no further revisions to such Waste Discharge Requirements or Conditional Waivers are necessary to assure compliance with the Nitrate Control Program. For those dischargers where the Central Valley Water Board cannot find or determine consistency with the Nitrate Control Program, where additional information is necessary, or for new dischargers, the Central Valley Water Board shall adopt a new or revised Waste Discharge Requirements or Conditional Waiver that includes the following findings and/or conditions, dependent on the Category of the discharge.

Category 1 - No Degradation Category - Discharge is equal to or better than the nitrate water quality objective of 10 mg/L-

N (i.e., less than 10 mg/L-N); and, discharge is better than baseline receiving water quality.

- Discharge is deemed to be in compliance with the Nitrate Control Program. Category 2 - De minimus Category

- Baseline receiving water quality has assimilative capacity. - Discharge(s) will not use more than 10% of available assimilative capacity over a

20-year planning horizon and will not cause the receiving water to exceed a trigger level of 7.5 mg/L-N over that planning horizon.

- Discharge is not in a basin where the volume-weighted upper zone concentration is increasing more than 0.1 mg/L NO3-N per year using cumulative average annual increase over a 5-year period.

- To determine amount of assimilative capacity consumed by the discharge, the Central Valley Water Board will consider the quality of the discharge as it enters

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the receiving water, accounting for reductions in nitrate mass or concentration as the discharge percolates to groundwater through the soil.6

- Discharge will not unreasonably affect present and anticipated beneficial uses. - Waste Discharge Requirements or Conditional Waiver will ensure that Best

Practical Treatment or Control at a level that is necessary to assure that pollution and nuisance will not occur, and that the highest water quality consistent with the maximum benefit to the people of the state will be maintained.


Category 3 - Degradation Below 75% of the Water Quality Objective Category - Baseline receiving water quality has assimilative capacity. - Discharge(s) will use more than 10% of available assimilative capacity over a 20-

year planning horizon. - Discharge will not cause the receiving water to exceed 7.5 mg/L for nitrate as N

over a 20-year planning horizon. - Discharge is in a basin where the volume-weighted average of the upper zone is

increasing more than 0.1 mg/L NO3-N per year using cumulative average annual increase over a 5-year period.

- To determine amount of assimilative capacity consumed by the discharge, the Central Valley Water Board will consider the quality of the discharge as it enters the receiving water, accounting for reductions in nitrate mass or concentration as the discharge percolates to groundwater through the soil (see footnote 53).



- When the discharge is in an area that is covered by a Preliminary Management Zone Proposal, the Central Valley Water Board must consider the impact that granting available assimilative capacity to the discharger(s) will have on assimilative capacity for those that are part of the management zone.

- Additional monitoring and periodic trend evaluation conditions are imposed to ensure compliance with the Nitrate Control Program.

Category 4 - Degradation Above 75% of the Water Quality Objective

- Receiving water quality has assimilative capacity. - Discharge(s) will use more than 10% of available assimilative capacity over a 20-

year planning horizon. - Discharge will cause the receiving water to exceed 75% of the WQO for nitrate

(i.e., 7.5 mg/L-N) over a 20-year planning horizon but will not cause receiving water to exceed the water quality objective for nitrate over a 20-year planning

6 In making this determination, the Central Valley Water Board shall consider information provided by the discharger that demonstrates that the level of nitrogen entering the receiving water is different than the level of nitrates in the discharge due to naturally occurring groundwater recharge, nitrogen transformation and losses, and nitrogen up take by plants.

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horizon; or, the receiving water is at or above 50% of the WQO and the volume-weighted average in the upper zone is exceeding an acceptable annual increase in concentration.

- To determine amount of assimilative capacity consumed by the discharge, the Central Valley Water Board will consider the quality of the discharge as it enters the receiving water, accounting for reductions in nitrate mass or concentration as the discharge percolates to groundwater through the soil (See footnote 6).




- Discharger may be required to develop and implement an Alternative Compliance Project to meet the requirements of the Nitrate Control Program, which shall include the following:

o Identification of nitrate related drinking water supply issues in the area impacted by the discharge(s);


o Preliminary identification of the steps that will be taken to evaluate actions necessary to implement the SNMP Management Goals, which may be phased in over time and will likely require further evaluation and assessment to identify proposed long-term actions.

Category 5 - Discharge Above Objective and No Available Assimilative Capacity - Receiving water has no assimilative capacity for nitrates. - Discharge exceeds the water quality objective for nitrate. - No reasonable, feasible or practicable means are available for discharger to

comply with Waste Discharge Requirements or Conditional Waiver that would otherwise limit the discharge of nitrate to groundwater concentrations to less than 10 mg/L-N.

- It is infeasible, impracticable or unreasonable to prohibit the discharge. - Discharger required to develop and implement an Alternative Compliance Project

for the nitrate components of the Nitrate Control Program, which shall include the following:

o Identification of nitrate related drinking water supply issues in the area impacted the discharge(s);


o Preliminary identification of the steps that will be taken to evaluate actions necessary to implement SNMP Management Goals where reasonable and

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feasible, which may be phased in over time and will likely require further evaluation and assessment to identify proposed long-term actions.

- Discharger required to seek and obtain an exception in accordance with the Exceptions Policy.

Allocation of Assimilative Capacity to Dischargers Not Participating in a Management Zone To allocate assimilative capacity to dischargers complying with the Nitrate Control Program through this Option, the Central Valley Water Board must find the following:

Assimilative capacity is available in shallow groundwater; Requests for use of assimilative capacity are supported by an antidegradation analysis

(level of analysis required may vary depending on the Category of the discharge); Allocation of assimilative capacity is consistent with statewide Antidegradation

Policy; Allocations of assimilative capacity above the trigger levels established for the

various categories are supported by Alternative Compliance Projects, as determined appropriate; and,

Allocation of assimilative capacity to discharger(s) not participating in a Management Zone is considered in light of assimilative capacity allocated to a Management Zone, and the impact thereon.

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