ARCHIVE - Agricultural Regulatory Program - Agricultural Order Renewal

Information on this web page relates to the renewal of the Agricultural Order adopted by the Central Coast Water Board on March 15, 2012. The 2012 Agricultural Order is now in effect. For information on the Water Board’s implementation of the Order and what growers need to do to comply with the updated requirements, please go to the Water Board’s Agricultural Regulatory Program.

Central Coast Water Board Documents for August 30, 2012 Stay Hearing

The Central Coast Water Board is providing documents to the parties to the August 30, 2012 Public Hearing to consider issuance of a stay of specified provisions in Order No. R3-2012-0011 and associated Monitoring and Reporting Programs. Documents can be downloaded from the links below (divided into 8 Parts to reduce file size). Additional information about the hearing and petitions to Order No. R3-2012-0011 can be found at the State Water Board web page.

• Notice of Public Hearing on Stay Request
• Part A - Summary of Testimony
• Part 1 - Index of Exhibits, Exhibits B, 1, 2
• Part 2 - Exhibits 3-5
• Part 3 - Exhibits 6-10
• Part 4 - Exhibits 11-15
• Part 5 - Exhibits 11 and 15 corrected
• Part 6 - Exhibits 16-25
• Part 7 - Exhibits 26-32

Updates and Changes Post March 15, 2012

Ag Order 2.0, R3-2012-0011 as modified by Order WQ-2013-0101 (Petitions)

• Final Order
• Monitoring and Reporting Requirements for Tier 1
• Monitoring and Reporting Requirements for Tier 2
• Monitoring and Reporting Requirements for Tier 3

Adopted 2012 Agricultural Order - March 15, 2012

• Adopted Agricultural Order, RB3-2012-0011
• Adopted Monitoring and Reporting Program, RB-2012-0011-01 - Tier 1
• Adopted Monitoring and Reporting Program, RB-2012-0011-02 - Tier 2
• Adopted Monitoring and Reporting Program, RB-2012-0011-03 - Tier 3 Final

Redline/Strikeout Versions:

• Final Agricultural Order - Redline/Strikeout
• Final Monitoring and Reporting Program - Redline Strikeout

Petitions

• California Farm Bureau Federation
• Grower-Shipper Association of Central California, Grower-Shipper Association of San Luis Obispo and Santa Barbara Counties, and Western Growers: Petition to Stay, Petition to Overturn
• Jensen Family Farms, Inc. and William Elliot
• Monterey Coastkeeper, Santa Barbara Channelkeeper and San Luis Obispo Coastkeepers
• Ocean Mist and RC Farms
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
  • Exhibit I
  • Exhibit J
  • Exhibit K

Board Hearing - March 14-15, 2012

On March 15, 2012, the Central Coast Water Board voted unanimously to adopt an updated Irrigated Lands Order.

The Board's action comes after nearly four years of hearings, public comment and workshops on the Order, and several revisions to address the concerns of the agricultural community.  The updated Order is designed to improve water quality and public health protection in areas of heavy agricultural use. It improves accountability through more effective monitoring and reporting of irrigation practices and nutrient use. The Final 2012 Agricultural Order, including changes made at the March 15, 2012 hearing, is available at the links above.

March 15, 2012 Press Release

February 16, 2012 by Board Chair

Public Notice for Water Board Hearing

March 14-15, 2012 Board Meeting Agenda Item 4

Frequently Asked Questions

Respuestas a Preguntas Frecuentes

Public Workshop - February 1, 2012

February 1, 2012 - Water Board Workshop to Discuss Staff Recommendations for an Updated Agricultural Order
On Wednesday, February 1, 2012, the Central Coast Water Board will hold a public workshop at 3:30 PM in Salinas, CA regarding the proposed Draft Agricultural Order. The Central Coast Water Board scheduled the workshop at the request of interested persons to provide the opportunity for Board members to become more familiar with the record in this matter and to hear comments by the public on the proposed Draft Agricultural Order. In an Order issued on January 8, 2012, the Chair of the Water Board granted the request by the interested persons for the Board to hold an additional workshop.

January 8, 2012 Order by Board Chair

February 1, 2012 Board Meeting Agenda Item 4

Draft Agricultural Order for September 1, 2011 Board Meeting - POSTPONED

September 1, 2011 Board Meeting Agenda Item - Postponed

The Central Coast Regional Water Quality Control Board (Water Board) has postponed the hearing scheduled for September 1, 2011 on Item 17, the staff proposal to renew the current “Conditional Waiver of Waste Discharge Requirements for Irrigated Lands,” with revisions, (Draft Order and Monitoring and Reporting Program (MRP)). The Water Board has postponed the hearing because there is not a quorum of Water Board members who can vote on the Draft Order, MRP and certification of the Subsequent Environmental Impact Report at the September 1, 2011 hearing. Note that the September 1, 2011 meeting is not cancelled. The rest of the items on the agenda will go forward.

Public Notice Postponing Meeting

On August 16, 2011 the Staff Report and Attachments for the meeting were made available at September 1, 2011 Board Meeting Agenda Item 17.

On July 8, 2011, an Addendum to the March 17, 2011 Staff Report, including extra documents accepted by the Board (provided by agricultural representatives), the revised Draft Agricultural Order and MRP were made available for public review and comment.

The Central Coast Water Board provided an opportunity for interested persons to submit written comments on the Addendum to the Staff Report and the extra documents by 5:00 pm on August 1, 2011.

Individual Comment Letters submitted by August 1, 2011

Addendum to the March 17, 2011 Staff Report distributed on July 8, 2011:

• Public Notice
• Addendum to the Staff Report
• Attachment 1: Red-line strikeout version of the Draft Agricultural Order with revisions
• Attachment 2: Red-line strikeout version of the MRP with revisions
• Attachment 3: Comparison Matrix and Water Quality/Food Safety Status Update

New Information on the Agricultural Alternative Proposal as Provided by Agricultural Industry Reps

On May 4, 2011, the Central Coast Water Board decided to allow new information into the record for the Draft Agricultural Order. This information was provided by agricultural industry representatives at both the March 17, 2011 and May 4, 2011 Board meetings, after the close of public comment period for the Draft Agricultural Order. The Board also instructed staff to evaluate and compare the new information, and present the results of the evaluation and comparison in a subsequent staff report to the Water Board for the September 1, 2011 Board meeting. The new information submitted by the agricultural industry is available at the links below:

• Submitted May 4, 2011 - Order Attachment B, Terms and Conditions for Discharger Compliance Through Third Party Group with redline and strikeout (replaces version submitted March 17, 2011)
• Submitted May 4, 2011 - Part 2. Groundwater Assessment, Monitoring and Reporting Requirements
• Submitted March 17, 2011 - Draft Agricultural Order with redline and strikeout
• Submitted March 17, 2011 - Order Attachment B, Terms and Conditions for Discharger Compliance Through Third Party Group
• Submitted March 17, 2011 - Monitoring and Reporting Program for Third Party Group Participants

Draft Agricultural Order for March 17, 2011 Board Meeting - continued to May 4, 2011

On March 2, 2011, Central Coast Water Board staff released recommendations for a revised Agricultural Order, including the Draft Agricultural Order, Draft Monitoring and Reporting Program, Staff Report including the Subsequent Environmental Impact Report for the Regulation of Waste Discharge from Irrigated Lands. On March 17, 2011, the Central Coast Water Board held a panel hearing to consider the staff recommendation for an updated Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands (Draft Agricultural Order). The Water Board heard a staff presentation and many hours of comments on the recommended Draft Agricultural Order. The Water Board continued the hearing to allow all members of the public who came to the meeting an opportunity to present their oral comments (the Chair provided an opportunity for anyone at the March meeting to come to the podium and address the Board if they would not be able to attend the next meeting in San Luis Obispo). The hearing will be continued at a Water Board meeting on Wednesday, May 4, 2011, beginning at 10:00 a.m. in San Luis Obispo. Members of the public who submitted testimony cards in Watsonville on March 17th, indicating their intent to provide oral comments at the March 17 Board Meeting, but who did not address the Board, will be able to provide their oral comments at the May 4, 2011 Board meeting. The Board established a written comment deadline of January 3, 2011, and is not accepting additional written comments.  By April 15th, the Water Board will post the agenda notice for the May 4, 2011 meeting.

• Public Notice
• March 17, 2011 Board Meeting Agenda Item 14
• May 4, 2011 Board Meeting Agenda Item 4

Agricultural Order Renewal - Overview

On September 30, 2011, the Executive Officer of the Central Coast Water Board issued Executive Officer Order No. R3-2011-0017 extending the 2004 Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands (Agricultural Order No. R3-2004-0117) through September 30, 2012.  Executive Officer Order No. R3-2011-0017 also requires dischargers to implement an updated Monitoring and Reporting Program No. R3-2011-0018.  By law, all waivers of waste discharge requirements must be reviewed, and renewed, revised, or replaced at least every five years.  The Central Coast Water Board is currently in the process to consider renewal of the 2004 Agricultural Order with modifications.

• Executive Officer Order No. R3-2011-0017
• Agricultural Order No. R3-2004-0017
• MRP No. R3-2011-0018
• Information on the Agricultural Order Renewal

Opportunities for Public Input to the Agricultural Order

The process of renewing the Agricultural Order started in December 2008.  Since that time, Central Coast Water Board staff met with stakeholders and received numerous comment letters regarding the Agricultural Order. A summary of public input opportunities and a copy of public comments received regarding the Agricultural Order Renewal are available at the links below.

• February 2012 - Updated List of Public Outreach and Input Opportunities
• December 2008 Letter from the Executive Officer
• Summary of Opportunities for Public Input to the Agricultural Order
• Stakeholder Input Encouraged - Table of Ag Order Requirement

California Environmental Quality Act (CEQA) Process

April 3, 2012 - Notice of Determination

March 15, 2012 - Resolution No. R3-2012-0012 - Certification of Final Subsequent EIR, Findings, and Statement of Overriding Considerations for Order No. R3-2012-0011 (2012 Agricultural Waiver)

August 10, 2011 - Addendum to the Final Subsequent Environmental Impact Report (please begin with pg. 25 of the staff report).

March 2, 2011 - Final Subsequent Environmental Impact Report (Appendix H)

August 16, 2010 - CEQA Scoping Meeting for the Regulation of Waste Discharges. The Central Coast Water Board held a CEQA scoping meeting on August 16, 2010 to discuss the regulation of waste discharges from irrigated lands within the Central Coast Region.  A copy of public comments received regarding the Agricultural Order Renewal CEQA process are available at the links below.

• Public Notice
• CEQA Agenda

October 14, 2010 - Notice of Preparation of a Draft Subsequent Environmental Impact Report

November 19, 2010 – Draft Subsequent Environmental Impact Report

Comments related to CEQA (from February 1, 2010 Draft Agricultural Order): Group B

Public Comments to November 19, 2010 Draft Agricultural Order

Public Comments to 11/19/2010 Draft Agricultural Order:
Comments received by January 3, 2011 in response to the November 19, 2010 Public Notice for the Draft Agricultural Order are posted below. Comments are listed individually.

Comments

• Response to Comments from Senator Cannella, Congressman Farr, and Assemblyman Monning
• Agriculture's Alternative Proposal for the Regulation of Discharges from Irrigated Agricultural Lands – California Farm Bureau Federation
• Individual Comment Letters     Comment Letters Grouped by Category

February 3, 2011 – Water Board Workshop to Discuss Draft Staff Recommendations for an Updated Agricultural Order
On February 3, 2011, the Board held a workshop to provide an overview of the November 19, 2010 Draft Agricultural Order and to provide an opportunity for the Board Members and public to ask questions or provide brief comments.

Draft Agricultural Order – November 19, 2010

On November, 19, 2010, Central Coast Water Board staff released recommendations for a new Agricultural Order.  Staff’s recommendations (including the Draft Agricultural Order, Draft Monitoring and Reporting Program, Staff Report including the Subsequent Environmental Impact Report for the Regulation of Waste Discharge from Irrigated Lands) were available for public review and comment up to the deadline of January 3, 2011. On February 3, 2011, the Central Coast Water Board held a workshop and on March 17, 2011, the Central Coast Water Board held a public meeting to consider staff’s final recommendations. Below are links to the documents and supporting attachments.

Public comments received regarding the Agricultural Order Renewal process are available at the “Public Comments” section below. The Central Coast Water Board received a revised agricultural alternative on December 3, 2010.

• Public Notice
• Staff Report
• Appendix A - Draft Agricultural Order
• Appendix B - Draft Monitoring and Reporting Program
• Appendix C - Draft Milestones and Time Schedule for Compliance
• Appendix D - Options Considered
• Appendix E - Response to Public Comments
• Appendix F - Cost Considerations
• Appendix G - Report on Water Quality Conditions
• Appendix H - Draft Environmental Documents Pursuant to CEQA
• Appendix I - Background
• Appendix J - References

Public Workshops – July 8, 2010 and May 12, 2010

July 8, 2010 - Water Board Workshop to Discuss Preliminary Draft Staff Recommendations for an Updated Agricultural Order, Public Comments and Alternatives
On Thursday, July 8, 2010 at 9:30 AM, the Water Board held a second public workshop in Watsonville, CA. This workshop was a continuation of the May 12 workshop to discuss staff’s preliminary draft recommendations and provide an additional opportunity for members of the public unable to participate in the May 12 workshop to comment on the preliminary draft for agricultural discharges. Click on the link above to view the presentations.

May 12, 2010 - Water Board Workshop to Discuss Preliminary Draft Staff Recommendations for an Updated Agricultural Order, Public Comments and Alternatives
On Wednesday, May 12, 2010 at 10:30 AM, the Water Board held a public workshop in San Luis Obispo, CA. At the workshop staff summarized water quality conditions, preliminary draft staff recommendations released on Feb. 1, 2010. The Board received comments on the recommendations, and proposed alternatives for regulating agricultural discharges. Click on the link above to view the presentations given by staff and members of the public.

A copy of public comments received regarding the Agricultural Order Renewal, including at the above public workshops are available at the links below.

Public Comments - February 1, 2010 through July 8, 2010

Public Comments and Alternatives to 02/01/2010 Preliminary Draft Staff Recommendations:
Comments and Alternatives received in response to the February 1, 2010 public release of the preliminary draft staff recommendations for an updated Agricultural Order are posted below. Comments are posted in groups and postings will continue as additional comments are processed.

Alternative 1
Preliminary Alternative Agricultural Proposal – California Farm Bureau Federation

Alternative 2
OSR Enterprises, Inc.’s Recommendations for an Agriculture Order to Control Discharges from Irrigated Lands – Price, Postel, & Parma LLP

Alternative 3
Environmental Defense Center, Monterey Coastkeeper, Ocean Conservancy, Santa Barbara Channelkeeper, SurfRider Foundation - Santa Barbara Chapter

Comment letters after April 1, 2010 deadline:

Comments related to the July 8, 2010 extension of the existing Agricultural Order:

Preliminary Draft Agricultural Order – February 1, 2010

At the December 2010 Board Meeting, the Water Board directed staff to distribute a preliminary report and preliminary draft order for the regulation of discharges from irrigated lands on February 1, 2010, and requested that interested parties send comments by April 1, 2010.  In addition, the Water Board also requested that interested parties submit any alternative recommendations for regulating agricultural dischargers by April 1, 2010.  Public workshops were held on May 12, 2010 and July 8, 2010 to discuss the preliminary draft staff recommendations, comments on these recommendations, and other alternatives presented by interested persons.

February 1, 2010 - Preliminary Draft Staff Recommendations for an Updated Agricultural Order.

Below are links to the documents and supporting attachments.

• Press Release
• Transmittal Memo
• The Preliminary Draft Report, Draft Staff Recommendations for an Agricultural Order
  1. Preliminary Draft Report on Water Quality Conditions
  2. Draft Summary Table of Changes Related to Existing Conditional Waiver
  3. Preliminary Draft Agricultural Order
  4. Draft Surface Water and Riparian Monitoring Sampling Parameters
  5. Preliminary Draft Initial Study and Environmental Checklist
  6. List of References Consulted and/or Cited for Preliminary Draft Agricultural Order