The California Water Boards' Annual Performance Report - Fiscal Year 2008-09

What We Do and How We are Doing

Data Reported

Identify and Control Pollutants to Water - What are the sources of water pollution and how do we control them?

The quality of the State’s waters can be affected by many sources that come in different forms and amounts.  For regulatory purposes, these sources are categorized by whether they are planned, easily-identified “end-of-pipe” waste discharges from a single, discrete source such as constructed conveyance systems (known as “point source discharges”), or from planned or unplanned discharges from more diffuse runoff that covers a wide area (known as “nonpoint source discharges”).  The waste can be in liquid or solid form, and can be in small to very large volumes.  The Water Boards regulate waste discharges to both surface waters, such as rivers and the ocean, and groundwaters (via discharge to land).  The type of permits issued by the Water Boards to control these various sources of pollutants depends on the type/category of waste, where the waste is discharged, and State and federal laws and regulations.

Types of Waste Discharge Requirements (WDRs) for Point Sources
The Water Boards issue waste discharge requirements (permits) to individual or groups of dischargers, using information on water quality conditions, the type and characteristics of the discharge, and applicable water quality standards and implementing provisions established in policy, plans, regulations, and laws.  Basically, four types of permits are issued by the Water Boards for point source discharges of waste:  (1) NPDES permits for wastewater; (2) NPDES permits for stormwater:  (3) land disposal permits for waste management units; and (4) “Non-15” permits for all other point source discharges.

National Pollutant Discharge Elimination System (NPDES) Permits
Under the federal Clean Water Act (CWA), NPDES permits control water pollution by regulating point sources that discharge pollutants into the surface waters of the United States.  Water Board-issued WDRs for discharges to surface waters serve as NPDES permits required under the CWA.  The vast majority of NPDES permits are issued by the Regional Water Boards.  Typically, NPDES permits are issued for a five-year term.

The State and Regional Water Boards issue both individual and general NPDES permits.  An individual permit is issued for a specific discharge, based on the type of activity, nature of discharge, receiving water quality, and other factors.  A general permit is issued to cover multiple facilities within a specific category of point sources that are similar and are within a specifically-defined geographical area.  A large number of facilities can be covered under a single general permit, making it a cost-effective and timely approach to regulating a category of pollutant sources.

NPDES permits are issued for both wastewater and stormwater discharges.

NPDES Wastewater (Individual) Permits
Permitted wastewater discharges come from two sources:  municipal and industrial.  Municipal sources are wastewater treatment facilities (otherwise known as sewage treatment plants or publicly-owned treatment works [POTW]) that receive and treat domestic sewage from residential and commercial customers before discharge to a surface water body.  Industrial and commercial facilities that discharge their treated wastewater directly to surface waters are permitted individually.  Wastewater facilities are issued permits based on the volume of wastewater discharged.  A wastewater discharger with design flow of at least 1 million gallons per day (MGD), or has a pretreatment program, is issued a major NPDES permit; a wastewater discharger with a design flow of 1 MGD or less is issued a minor NPDES permit.

NPDES Stormwater (Individual) Permits
Polluted stormwater runoff is commonly transported through Municipal Separate Storm Sewer Systems (MS4s), from which it is often discharged untreated into local waterbodies. To prevent harmful pollutants from being washed or dumped into an MS4, operators must obtain a NPDES permit and develop a stormwater management program. Beginning in 1990, medium and large cities or certain counties with populations of 100,000 or more were required to obtain NPDES permit coverage for their stormwater discharges as an individual Phase I permit.  Municipalities covered under Phase II (populations of less than 100,000) must meet the requirements of the General Permit for the Discharge of Stormwater Permit, adopted by the State Water Board.

NPDES Stormwater (General) Permits
NPDES permits for stormwater sources address runoff from industrial, and construction sites as well as municipalities.  General permits are used to reduce or eliminate the discharge of pollutants in storm water, and dry weather flows through management measures or Best Management Practices (BMPs) for many of these sources of pollutants.  The discharge of pollutants in storm water and dry weather flows from industrial facilities, such as auto dismantlers or manufacturing plants, are regulated under a general NPDES permit for 10 broad categories of industrial stormwater.  The discharge of pollutants in storm water and dry weather flows from construction activities that disturb at least one acre of soil are regulated under a general NPDES permit for construction stormwater.

Other WDRs

Discharges of waste that are not regulated under an NPDES permit and may impact a surface or groundwater are issued a waste discharge requirement (permit) solely under the authority of the California Water Code.  These discharges, regulated by the Water Boards, include land disposal sites that require containment of the waste, such as landfills, and all other sources of waste to waters of the State that are not regulated under an NPDES permit.

Land Disposal WDR
The Water Boards issue permits for certain solid and liquid waste discharges to land for the purpose of treatment, storage, and disposal in waste management units.  Waste management units include waste piles, surface impoundments, and landfills.  To ensure that the hazardous and nonhazardous wastes contained in these facilities do not escape to surface or groundwaters, the permits contain requirements for liners, covers, monitoring, cleanup, and closure.

“Non-15” WDR
The Water Boards also permit all point source discharges of waste to land that have the potential to affect surface or groundwater quality and that do not require full containment (e.g., are not contained in a landfill or other waste management unit), do not involve confined animal facilities, and do not involve discharge of a pollutant to a surface water of the U.S. (which is subject to an NPDES permit).  This category of waste discharges is the most diverse and includes domestic sewage sludge and biosolids, industrial wastewater from power plants, wastes from water supply treatment plants, treated wastewater for aquifer storage and recovery, treated groundwater from cleanup sites, and many others.

Sanitary Sewer Overflow

A sanitary sewer overflow (SSO) is any overflow, spill, release, discharge, or diversion of untreated or partially treated wastewater from a sanitary sewer system.  SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oil, and grease.  SSOs pollute surface and groundwaters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters.  Typical consequences of SSOs include the closure of beaches and other recreational areas, inundated properties, and polluted rivers and streams.

To provide a consistent, statewide regulatory approach to address SSOs, the State Water Board adopted statewide general permit for sanitary sewer systems, on May 2, 2006.  The permit requires public agencies that own or operate sanitary sewer systems to develop and implement sewer system management plans and report all SSOs to the State Water Board’s online SSO database.

Oversee Cleanup of Contaminated Sites

Pollutants discharged above or under the ground can contaminate the soil and underlying groundwater.  Contaminants in the soil can also adversely impact the health of animals and humans when they ingest, inhale, or touch contaminated soil, or when they eat plants or animals that have themselves been affected by soil contamination.  Volatile organic compounds, such as many common industrial solvents, can also pose a threat to human health by volatilizing from the soil into indoor air spaces, such as living or work spaces.  With the discovery of various pollutants in groundwater aquifers, many drinking water wells have been shut down due to unacceptable concentrations of contaminants.  Once a groundwater supply is polluted, it is difficult and expensive to clean up.  Contaminants in soil can also act as long-term continuing sources of groundwater pollution, leaching into the groundwater for years in some instances.  Stormwater running over and/or eroding contaminated soil can also be a significant source of surface water pollution.

Although the primary focus of cleanup programs is the restoration of groundwater quality, they generally address all environments, including surface water, groundwater, soil, sediment, the vadose zone, and air where vapor releases may affect public health.  The Water Boards oversee the investigation and cleanup of contaminated sites caused by leaking underground storage tanks or other sources of pollution to soil and groundwater, including sites at military facilities.

Leaking Underground Storage Tanks
Underground storage tanks (USTs) can leak petroleum and other hazardous substances into soil and groundwater, posing a risk to drinking water quality and human health.  While State Water Board-established regulations govern the prevention of leaks from USTs, which include requirements for installation, tank construction, tank testing, leak detection, spill containment, and overfill protection), local agencies issue permits for tank operation and enforce tank testing requirements within their jurisdiction.  Owners and operators of USTs must quickly report unauthorized releases to the county or Regional Water Board to minimize impacts.  Upon confirming that an unauthorized discharge has polluted, is polluting, or threatens to pollute water quality, the Regional Water Board then works with the local agency to oversee the investigation and cleanup of soil and groundwater pollution at current and former UST facility sites.  Although the primary focus of the program is restoration of groundwater quality, contaminated soil and sediment, as well as vapor releases, which may affect public health, are also addressed. 

The majority of UST owners and operators in the State take the initiative to voluntarily comply with UST leak prevention and cleanup laws and regulations.  If compliance is not voluntarily achieved, due to lack of information, neglect, or deliberate intent, the State Water Board works with other agencies to enforce the requirements.

Site Cleanup
Sources other than underground storage tanks can also pollute soil and groundwater.  Contaminants such as solvents and metals may be released as a result of spills, current and former industrial facility operations, and commercial facility operations, such as dry cleaners.  The State and Regional Water Boards oversee the investigation and cleanup of these sites.  As with USTs, dischargers generally perform cleanup on a voluntary basis.  New contaminated sites are discovered as a result of recent spills, property transactions, or nearby environmental investigations.

The environmental cleanups at various contaminated sites can range in complexity from simple cleanups to complex federal Superfund cleanups.  A complex cleanup process can involve multiple Water Board regulatory programs, such as USTs, land disposal, stormwater, and wastewater and other local, State and federal agencies.

Military Sites
At Department of Defense (DoD) facilities, leaking underground and aboveground storage tanks, as well as solvents and other chemicals used in on-base activities, have contaminated soil and groundwater.  The State and Regional Water Boards work with DoD ,through a cooperative agreement, to oversee the investigation and remediation of water quality issues at active and former military facilities.  Like other contaminated sites, the cleanups at various DoD facilities can range from a few UST cleanups to complex federal Superfund cleanups.

The State Water Board administers the DoD program while the Regional Water Boards provide regulatory oversight at DoD facilities.  The California Department of Toxic Substances Control, which administers the cooperative agreement, is the lead regulatory agency for some military sites and shares the lead with the Regional Water Boards for others.  The USEPA is the lead at federal Superfund sites.

Assess Compliance with Requirements to Protect Water Quality – How do we assess compliance with laws and regulations?

The Water Boards assess and promote compliance with waste discharge requirements (permits), water quality control plan prohibitions, enforcement orders, and other regulatory tools by ensuring that permits are enforceable, reviewing self monitoring reports submitted by the dischargers, conducting inspections of facilities, and investigating complaints about discharges and accidental spills.  Most of these activities are done at the Regional Water Boards.  Wastewater sites are largely regulated to ensure compliance with effluent limits for specific pollutants.  Stormwater sites are regulated to ensure that sediment and other potential contaminants are prevented from leaving these sites though proper on-site controls.

Violations of requirements to protect surface and groundwater quality, along with other pertinent information, are recorded in the Water Boards’ California Integrated Water Quality System (CIWQS) database and Geotracker database.  When violations are documented, the Water Boards initiate enforcement actions to promote compliance.

(Updated 9/20/11)