ITEM: 2

SUBJECT: CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE SANTA ANA RIVER BASIN ESTABLISHING A TOTAL MAXIMUM DAILY LOAD FOR SEDIMENT IN THE NEWPORT BAY/SAN DIEGO CREEK WATERSHED

DISCUSSION: The Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) was adopted by the California Regional Water Quality Control Board, Santa Ana Region (SARWQCB) on March 11, 1994, and approved by the State Water Resources Control Board (SWRCB) on July 21, 1994, and by the Office of Administrative Law (OAL) on January 24, 1995. On October 31, 1997, the U.S. Environmental Protection Agency, Region 9 (U.S. EPA), entered into a consent decree with Defend the Bay, Inc. (Decree) which required that the State develop nutrient and sediment Total Maximum Daily Loads (TMDLs) by January 15, 1998 for the Newport Bay/San Diego Creek Watershed (Watershed). The Decree stipulated that U.S. EPA would establish the required TMDLs within ninety (90) days if the State failed to establish approved TMDLs by the Decree deadline.

On October 17, 1997, the SARWQCB adopted Resolution No. 97-77 amending the Basin Plan by establishing a TMDL for sediment discharged in the Watershed. State approval of the TMDL Basin Plan amendment, as specified by the Decree, requires affirmation by the SWRCB and the OAL, a process which could not be completed by the January 15, 1998 deadline. In addition, the SARWQCB received comments from staff of the SWRCB and U.S. EPA requesting minor modifications to Resolution No. 97-77 concerning load allocations and sediment TMDL targets. As required by the Decree, on February 27, 1998, the U.S. EPA promulgated a sediment TMDL for the Watershed incorporating these and other modifications, as appropriate. The U.S. EPA sediment TMDL became effective on April 15, 1998. On April 17, 1998, the SARWQCB adopted Resolution No. 98-69 (Attachment 1) amending the Basin Plan by rescinding Resolution No. 97-77 and establishing a sediment TMDL for the Watershed (Attachments 2 and 3) consistent with that promulgated by U.S. EPA.

Pursuant to Section 303(d) of the Federal Clean Water Act (CWA) (Section 303(d)), the SARWQCB has identified Newport Bay (Bay) and San Diego Creek as water quality limited. The applicable water quality standards for these water bodies are not being attained or expected to be attained with the implementation of technology-based controls. The beneficial uses impacted are: (1) wildlife habitat, (2) estuarine habitat, (3) rare, threatened, and endangered species habitat, (4) marine habitat, (5) preservation of biological habitat of special significance (Upper Newport Bay Ecological Reserve); (6) spawning, reproduction and development, (7) commercial and sport fishing, and (8) navigation. Section 303(d) requires that a TMDL be developed to address the sediment problem in the Bay and San Diego Creek to assure that water quality standards will be attained.

In 1982, the Southern California Association of Governments completed the "San Diego Creek Comprehensive Sedimentation Control Plan" (Plan) as part of the areawide planning process through CWA Section 208. The Plan recommended a two-part approach to management of the sedimentation problem. These recommendations have been and are being implemented through cooperative agreements among the California Department of Fish and Game (CDFG), the County of Orange (County), the cities of Newport Beach, Irvine, Tustin, and The Irvine Company (collectively known as the Sediment Executive Committee). The first part of the Plan is the reduction of erosion at the source through the implementation of agricultural and construction best management practices (BMPs) and resource conservation plans. The second part of the Plan is to intercept as much of the remaining sediment as possible in sediment traps in San Diego Creek and in excavated basins in the upper portion of the Bay (Upper Bay) known as In-Bay basins (see Attachments 2 and 3 -- not electronically available).

The proposed TMDL continues these efforts, while specifying quantifiable targets and Load Allocations (LAs) to be implemented by the cities and County. Phase 1 of the TMDL provides the following targets and LAs: (1) maintains existing aquatic and wildlife habitat areas of the Upper Bay with no more than a one [1] percent reduction resulting from sediment deposition; (2) maintains a minimum depth of seven (7) feet below mean sea level in the Unit 1 and 2 Sediment Basins in the Upper Bay; (3) reduces by fifty [50] percent the average annual sediment load entering the Watershed (calculated over a ten year period); (4) requires control measures to comply with specific LAs for open space areas, agricultural land, urban areas, and construction sites that discharge to the Bay and San Diego Creek; (5) specifies sediment control measures and dredging requirements for In-Bay sediment basins; (6) allows waiver of waste discharge requirements (WDRs) for maintenance dredging of flood control channels between March 1 and September 1 provided that an approved CDFG biologist ensures compliance with the Endangered Species Act and the Migratory Bird Treaty Act; (7) requires all in-channel and foothill sediment control basins throughout the watershed to be maintained so that at least fifty [50] percent of the design capacity is available prior to November 15 of each year; (7) allows waiver of WDRs for drainage channelization and stabilization projects within the watershed under specified conditions; and (8) establishes the Committee as the entity to evaluate the amount of sediment discharged to the Bay and the effectiveness of the local sediment control measures and makes recommendations to the SARWQCB, if necessary, on new LAs and cost sharing for implementing sediment control measures.

Phase 2 of the TMDL provides the requirements for monitoring and reassessment. Since 1983, the County has: (1) monitored flow and suspended solids at three [3] locations, (2) conducted periodic scour studies to evaluate sediment transport and deposition in the Watershed, and (3) conducted two [2] topographic surveys of the Upper Bay to determine sediment accumulation. The costs of the monitoring program are borne by all members of the Committee, except CDFG. The TMDL proposes to continue the current monitoring program implemented by the Committee and require the Committee to: (1) propose additional monitoring stations and schedules for the Santa Ana-Delhi Channel and Bonita Canyon Creek (see Attachment 2 --not electronically available) to determine the effectiveness of implemented BMPs and propose monitoring to evaluate compliance with LAs for the various land use types, subject to the approval of the SARWQCB Executive Officer; (2)  propose monitoring stations and schedules for annual scour and sediment accumulation studies for San Diego Creek and its tributaries which will be used to show compliance with the fifty [50] percent design capacity requirement for all in-channel and foothill sediment basins, subject to the approval of the SARWQCB Executive Officer; (3) conduct topographic and vegetative studies to determine the impact of sediment deposition in the In-Bay basins and the impact on existing aquatic, wildlife, and endangered species habitat areas; and (4) submit to the SARWQCB an annual report by December 31 of each year with all monitoring data and study results and a report by November 15 of each year certifying compliance with the design capacity requirements for in-stream basins.

POLICY ISSUE: Should the SWRCB approve SARWQCB Resolution No. 98-69 amending the Water Quality Control Plan for the Santa Ana River Basin?

FISCAL IMPACT: SARWQCB and SWRCB staff work associated with or resulting from this action can be accommodated within budgeted resources.

RWQCB IMPACT: Yes, SARWQCB.

STAFF RECOMMENDATION: That the SWRCB:

1. Approve SARWQCB Resolution No. 98-69 amending the Water Quality Control Plan for the Santa Ana Region.

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

Note: Attachments 1, 2 & 3are not available electronically. For copies, contact:

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

May 4, 1998 Draft

WHEREAS:

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

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

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

4. On April 17, 1998, the SARWQCB adopted Resolution No. 98-69 (Attachment 1) amending the Basin Plan by establishing a TMDL for sediment discharged in the Newport Bay/San Diego Creek Watershed.

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves SARWQCB Resolution No. 98-69 amending the Basin Plan by establishing a TMDL for sediment discharged in the Newport Bay/San Diego Creek Watershed.

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

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

_____________________________________

Maureen Marché

Administrative Assistant to the Board