New Ag Waiver for the New Ag Waiver for the San Diego Region (including San Diego Region (including

Temecula Valley) Temecula Valley)

Water Quality WorkshopWater Quality Workshop

Rancho California Water DistrictRancho California Water DistrictNovember 6, 2008November 6, 2008

Presented by Presented by Peter Peuron and Wayne ChiuPeter Peuron and Wayne Chiu

California Regional Water Quality Control Board, San Diego RegionCalifornia Regional Water Quality Control Board, San Diego Region

OutlineOutline

• Waste Discharge Requirements Waste Discharge Requirements (WDRs) vs. Conditional Waivers of (WDRs) vs. Conditional Waivers of WDRs WDRs

• Waiver ConditionsWaiver Conditions

• EnrollmentEnrollment

• Monitoring Group vs. IndividualMonitoring Group vs. Individual

• SummarySummary

WDRs vs. Conditional WDRs vs. Conditional WaiversWaiversWWASTEASTE D DISCHARGEISCHARGE R REQUIREMENTSEQUIREMENTS CCONDITIONALONDITIONAL W WAIVERS OF AIVERS OF WDRWDRSS

• Dischargers must file a Report Dischargers must file a Report of Waste Discharge (RoWD) & of Waste Discharge (RoWD) & pay a fee.pay a fee.

• Cannot discharge until WDRs Cannot discharge until WDRs are issued. Must discharge in are issued. Must discharge in compliance with discharge compliance with discharge requirements.requirements.

• Annual fees required.Annual fees required.• Annual monitoring and Annual monitoring and

reporting required.reporting required.• WDRs do not have to be WDRs do not have to be

renewed, but termination renewed, but termination must be requested to rescind must be requested to rescind WDRs.WDRs.

• Monetary penalties may be Monetary penalties may be assessed and enforcement assessed and enforcement actions may be taken for actions may be taken for violation of WDRs or failure to violation of WDRs or failure to pay fees.pay fees.

• Enrollment and enrollment Enrollment and enrollment fee may be included as fee may be included as conditions.conditions.

• Can discharge under waiver Can discharge under waiver as long as in compliance with as long as in compliance with waiver conditions.waiver conditions.

• Annual fees can be included Annual fees can be included as a condition.as a condition.

• Monitoring and reporting can Monitoring and reporting can be included as conditions.be included as conditions.

• Waivers expire every 5 years, Waivers expire every 5 years, but may be renewed with but may be renewed with new conditions.new conditions.

• Monetary penalties may be Monetary penalties may be assessed and enforcement assessed and enforcement actions may be taken for actions may be taken for violation of waiver conditions.violation of waiver conditions.

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WDRs vs. Conditional WDRs vs. Conditional WaiversWaiversWWASTEASTE D DISCHARGEISCHARGE R REQUIREMENTSEQUIREMENTS WWAIVER FORAIVER FOR A AG & G & NNURSERY URSERY OOPSPS

• Report of Waste Discharge Report of Waste Discharge (RoWD) + Fee.(RoWD) + Fee.

• Cannot discharge until WDRs Cannot discharge until WDRs are issued. Must discharge in are issued. Must discharge in compliance with discharge compliance with discharge requirements.requirements.

• Annual fees required.Annual fees required.

• Annual monitoring and Annual monitoring and reporting required.reporting required.

• WDRs do not have to be WDRs do not have to be renewed, but termination renewed, but termination must be requested to rescind must be requested to rescind WDRs.WDRs.

• Monetary penalties may be Monetary penalties may be assessed and enforcement assessed and enforcement actions may be taken for actions may be taken for violation of WDRs or failure to violation of WDRs or failure to pay fees.pay fees.

• File Notice of Intent (NOI). No File Notice of Intent (NOI). No enrollment fee.enrollment fee.

• Can discharge under waiver Can discharge under waiver as long as in compliance with as long as in compliance with waiver conditions.waiver conditions.

• No annual fees (at this time).No annual fees (at this time).

• One year monitoring and one One year monitoring and one monitoring report required.monitoring report required.

• Waiver expires December Waiver expires December 31, 2012. Renewal expected 31, 2012. Renewal expected with new conditions.with new conditions.

• Monetary penalties may be Monetary penalties may be assessed and enforcement assessed and enforcement actions may be taken for actions may be taken for violation of waiver violation of waiver conditions.conditions.

Waiver ConditionsWaiver Conditions• Facility Design and Management Facility Design and Management

• Application of Compost as Fertilizer, Application of Compost as Fertilizer, Amendment, or Mulch to SoilAmendment, or Mulch to Soil

• Application of ProductsApplication of Products

• Education and EnrollmentEducation and Enrollment

• Inspection and ReportingInspection and Reporting

• Specific ConditionsSpecific Conditions

• Comply with any local, state, and federal ordinances Comply with any local, state, and federal ordinances and regulations and obtain any required approvals, and regulations and obtain any required approvals, permits, certifications, and/or licenses. permits, certifications, and/or licenses.

• Implement management measures (MMs) and/or best Implement management measures (MMs) and/or best management practices (BMPs) to minimize or management practices (BMPs) to minimize or eliminate the discharge of pollutants that may eliminate the discharge of pollutants that may adversely impact the quality or beneficial uses of adversely impact the quality or beneficial uses of waters of the state. waters of the state.

Waiver ConditionsWaiver Conditions• Facility Design and Management Facility Design and Management

• Comply with any local, state, and federal ordinances Comply with any local, state, and federal ordinances and regulations and obtain any required approvals, and regulations and obtain any required approvals, permits, certifications, and/or licenses. permits, certifications, and/or licenses.

• Prevent the direct or indirect discharge of composts used as Prevent the direct or indirect discharge of composts used as fertilizers, amendments and mulches to any surface waters fertilizers, amendments and mulches to any surface waters of the state. of the state.

• Plant crop residues may be utilized as amendment or mulch.Plant crop residues may be utilized as amendment or mulch.• Specific wastes cannot be included as component of Specific wastes cannot be included as component of

compost used as an amendment or mulch unless sufficient compost used as an amendment or mulch unless sufficient information is provided to demonstrate that the waste does information is provided to demonstrate that the waste does not pose a potential threat to water quality.not pose a potential threat to water quality.

• Amount of compost applied to soil must be reasonable for Amount of compost applied to soil must be reasonable for the crop or plant, soil, climate, special local situations, the crop or plant, soil, climate, special local situations, management system, and type of soil amendment or mulch.management system, and type of soil amendment or mulch.

• Apply compost to soil at site-specific rates appropriate to the Apply compost to soil at site-specific rates appropriate to the season (i.e., dry vs. rainy).season (i.e., dry vs. rainy).

• Implement MMs/BMPs in areas with compost applied to soil Implement MMs/BMPs in areas with compost applied to soil to minimize or eliminate runoff and leachateto minimize or eliminate runoff and leachate

Waiver ConditionsWaiver Conditions• Application of Compost to SoilApplication of Compost to Soil

• Prevent the direct or indirect discharge of composts used Prevent the direct or indirect discharge of composts used as fertilizers, amendments and mulches to any surface as fertilizers, amendments and mulches to any surface waters of the state. waters of the state.

• Plant crop residues may be utilized as amendment or Plant crop residues may be utilized as amendment or mulch.mulch.

• Specific wastes cannot be included as component of Specific wastes cannot be included as component of compost used as an amendment or mulch unless compost used as an amendment or mulch unless sufficient information is provided to demonstrate that the sufficient information is provided to demonstrate that the waste does not pose a potential threat to water quality.waste does not pose a potential threat to water quality.

• Amount of compost applied to soil must be reasonable for Amount of compost applied to soil must be reasonable for the crop or plant, soil, climate, special local situations, the crop or plant, soil, climate, special local situations, management system, and type of soil amendment or management system, and type of soil amendment or mulch.mulch.

• Apply compost to soil at site-specific rates appropriate to Apply compost to soil at site-specific rates appropriate to the season (i.e., dry vs. rainy).the season (i.e., dry vs. rainy).

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• Prevent the direct or indirect discharge of any Prevent the direct or indirect discharge of any products used in operations to any surface waters of products used in operations to any surface waters of the state. the state.

• Apply products in accordance with manufacturer Apply products in accordance with manufacturer instructions and guidelines, but application must not instructions and guidelines, but application must not have an adverse effect on the quality of any waters of have an adverse effect on the quality of any waters of the state .the state .

• Excessive amounts of any products used in agricultural Excessive amounts of any products used in agricultural or nursery operations spilled to land must be or nursery operations spilled to land must be contained and properly disposed.contained and properly disposed.

• Any products used in agricultural or nursery operations Any products used in agricultural or nursery operations applied to land must not adversely impact the quality applied to land must not adversely impact the quality or beneficial uses of groundwater.or beneficial uses of groundwater.

Waiver ConditionsWaiver Conditions• Application of ProductsApplication of Products

• Prevent the direct or indirect discharge of any Prevent the direct or indirect discharge of any products used in operations to any surface waters of products used in operations to any surface waters of the state. the state.

• Apply products in accordance with manufacturer Apply products in accordance with manufacturer instructions and guidelines, but application must not instructions and guidelines, but application must not have an adverse effect on the quality of any waters of have an adverse effect on the quality of any waters of the state .the state .

• Excessive amounts of any products used in agricultural Excessive amounts of any products used in agricultural or nursery operations spilled to land must be or nursery operations spilled to land must be contained and properly disposed.contained and properly disposed.

• Perform annual self assessments to identify the Perform annual self assessments to identify the pollutants present on the site and assess the potential for pollutants present on the site and assess the potential for runoff and/or infiltration to waters of the state. runoff and/or infiltration to waters of the state.

• Complete at least 2 hours of water quality management Complete at least 2 hours of water quality management related training annually. Training may include formal related training annually. Training may include formal classroom training or meetings with a training classroom training or meetings with a training component.component.

• Be in regular contact with the local Farm Bureau, UCCE, Be in regular contact with the local Farm Bureau, UCCE, NRCS, and/or RCDs so they can be informed of the latest NRCS, and/or RCDs so they can be informed of the latest MMs/BMPs and developments with water quality issues .MMs/BMPs and developments with water quality issues .

• Maintain records pertaining to the water quality Maintain records pertaining to the water quality management efforts for the operation.management efforts for the operation.

• No later than January 1, 2011No later than January 1, 2011, owners/operators of , owners/operators of agricultural and nursery operations must file a Notice of agricultural and nursery operations must file a Notice of Intent, as either an individual operation or as part of a Intent, as either an individual operation or as part of a monitoring group, with the San Diego Water Board.monitoring group, with the San Diego Water Board.

Waiver ConditionsWaiver Conditions• Education and EnrollmentEducation and Enrollment

• Perform annual self assessments to identify the Perform annual self assessments to identify the pollutants present on the site and assess the potential pollutants present on the site and assess the potential for runoff and/or infiltration to waters of the state. for runoff and/or infiltration to waters of the state.

• Complete at least 2 hours of water quality Complete at least 2 hours of water quality management related training annually. Training may management related training annually. Training may include formal classroom training or meetings with a include formal classroom training or meetings with a training component.training component.

• Be in regular contact with the local Farm Bureau, Be in regular contact with the local Farm Bureau, UCCE, NRCS, and/or RCDs so they can be informed of UCCE, NRCS, and/or RCDs so they can be informed of the latest MMs/BMPs and developments with water the latest MMs/BMPs and developments with water quality issues .quality issues .

• Maintain records pertaining to the water quality Maintain records pertaining to the water quality management efforts for the operation.management efforts for the operation.

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• The San Diego Water Board and/or other local regulatory The San Diego Water Board and/or other local regulatory agencies must be allowed reasonable access to the site agencies must be allowed reasonable access to the site in order to perform inspections and conduct monitoring. in order to perform inspections and conduct monitoring.

• Owners/operators must submit a Notice of Intent or Owners/operators must submit a Notice of Intent or technical and/or monitoring program reports when technical and/or monitoring program reports when directed by the San Diego Water Board.directed by the San Diego Water Board.

• By March 31, 2011By March 31, 2011, contact the San Diego Water , contact the San Diego Water Board to begin developing a Monitoring and Reporting Board to begin developing a Monitoring and Reporting Program Plan (MRPP) and a Quality Assurance Project Program Plan (MRPP) and a Quality Assurance Project Plan (QAPP) .Plan (QAPP) .

• By January 1, 2012By January 1, 2012, submit MRPP/QAPP to the San , submit MRPP/QAPP to the San Diego Water Board. Diego Water Board.

• By December 31, 2012By December 31, 2012, submit Monitoring Program , submit Monitoring Program Report (MRP) to the San Diego Water Board consistent Report (MRP) to the San Diego Water Board consistent with the MRPP/QAPP. with the MRPP/QAPP.

Waiver ConditionsWaiver Conditions• Inspection and ReportingInspection and Reporting

• The San Diego Water Board and/or other local The San Diego Water Board and/or other local regulatory agencies must be allowed reasonable regulatory agencies must be allowed reasonable access to the site in order to perform inspections and access to the site in order to perform inspections and conduct monitoring. conduct monitoring.

• Owners/operators must submit a Notice of Intent or Owners/operators must submit a Notice of Intent or technical and/or monitoring program reports when technical and/or monitoring program reports when directed by the San Diego Water Board.directed by the San Diego Water Board.

• By March 31, 2011By March 31, 2011, contact the San Diego Water , contact the San Diego Water Board to begin developing a Monitoring and Reporting Board to begin developing a Monitoring and Reporting Program Plan (MRPP) and a Quality Assurance Project Program Plan (MRPP) and a Quality Assurance Project Plan (QAPP) .Plan (QAPP) .

• By January 1, 2012By January 1, 2012, submit MRPP/QAPP to the San , submit MRPP/QAPP to the San Diego Water Board. Diego Water Board.

- No surface waters of the state on or off the property No surface waters of the state on or off the property can be altered, unless the proposed alteration has can be altered, unless the proposed alteration has received a Clean Water Act section 401 Water Quality received a Clean Water Act section 401 Water Quality Certification, individual WDRs, or individual waiver Certification, individual WDRs, or individual waiver from the San Diego Water Board. from the San Diego Water Board.

- Minimize or eliminate the discharge of any pollutants Minimize or eliminate the discharge of any pollutants (including pollutants in irrigation return waters) that (including pollutants in irrigation return waters) that could adversely affect any waters of the state.could adversely affect any waters of the state.

Waiver ConditionsWaiver Conditions• Specific ConditionsSpecific Conditions

• Agricultural OperationsAgricultural Operations - No surface waters of the state on or off the property No surface waters of the state on or off the property

can be altered, unless the proposed alteration has can be altered, unless the proposed alteration has received a Clean Water Act section 401 Water Quality received a Clean Water Act section 401 Water Quality Certification, individual WDRs, or individual waiver Certification, individual WDRs, or individual waiver from the San Diego Water Board. from the San Diego Water Board.

- No surface waters of the state on or off the property can be No surface waters of the state on or off the property can be altered, unless the proposed alteration has received a Clean altered, unless the proposed alteration has received a Clean Water Act section 401 Water Quality Certification, individual Water Act section 401 Water Quality Certification, individual WDRs, or individual waiver from the San Diego Water Board. WDRs, or individual waiver from the San Diego Water Board.

- Minimize or eliminate the discharge of any pollutants (including Minimize or eliminate the discharge of any pollutants (including pollutants in irrigation return waters) that could adversely affect pollutants in irrigation return waters) that could adversely affect any waters of the state.any waters of the state.

- Prevent the direct or indirect discharge of nursery irrigation Prevent the direct or indirect discharge of nursery irrigation return water to any surface waters of the United States.return water to any surface waters of the United States.

Waiver ConditionsWaiver Conditions• Specific ConditionsSpecific Conditions

• Nursery OperationsNursery Operations - No surface waters of the state on or off the property No surface waters of the state on or off the property

can be altered, unless the proposed alteration has can be altered, unless the proposed alteration has received a Clean Water Act section 401 Water Quality received a Clean Water Act section 401 Water Quality Certification, individual WDRs, or individual waiver Certification, individual WDRs, or individual waiver from the San Diego Water Board. from the San Diego Water Board.

- Minimize or eliminate the discharge of any pollutants Minimize or eliminate the discharge of any pollutants (including pollutants in irrigation return waters) that (including pollutants in irrigation return waters) that could adversely affect any waters of the state.could adversely affect any waters of the state.

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• Manage operations to minimize or eliminate the Manage operations to minimize or eliminate the discharge of pollutants that may adversely discharge of pollutants that may adversely impact the quality or beneficial uses of waters of impact the quality or beneficial uses of waters of the state.the state.

• Enrollment is a condition of the waiver. Enrollment is a condition of the waiver. Enrollment is not required until January 1, 2011. Enrollment is not required until January 1, 2011.

• Allowing inspections is a condition of the waiver.Allowing inspections is a condition of the waiver.• Monitoring and reporting are conditions of the Monitoring and reporting are conditions of the

waiver.waiver.-Monitoring and Reporting Plan (Nine months to develop with SDRWQCB)-Monitoring and Reporting Plan (Nine months to develop with SDRWQCB)-One year of monitoring (During 2012)-One year of monitoring (During 2012)-One Monitoring Program Report (Due December 31, 2012)-One Monitoring Program Report (Due December 31, 2012)

• Violation of any waiver conditions subject to civil Violation of any waiver conditions subject to civil liability penalties and enforcement actions.liability penalties and enforcement actions.

Waiver ConditionsWaiver Conditions• SummarySummary

• Manage operations to minimize or eliminate the Manage operations to minimize or eliminate the discharge of pollutants that may adversely discharge of pollutants that may adversely impact the quality or beneficial uses of waters impact the quality or beneficial uses of waters of the state.of the state.

• Enrollment is a condition of the waiver. Enrollment is a condition of the waiver. Enrollment is not required until January 1, 2011. Enrollment is not required until January 1, 2011.

• Allowing inspections is a condition of the waiver.Allowing inspections is a condition of the waiver.• Monitoring and reporting are conditions of the Monitoring and reporting are conditions of the

waiver.waiver.-Monitoring and Reporting Plan (Nine months to develop with SDRWQCB)-Monitoring and Reporting Plan (Nine months to develop with SDRWQCB)-One year of monitoring (During 2012)-One year of monitoring (During 2012)-One Monitoring Program Report (Due December 31, 2012)-One Monitoring Program Report (Due December 31, 2012)

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EnrollmentEnrollment• Monitoring Group or IndividualMonitoring Group or Individual• Notice of IntentNotice of Intent

• If not enrolled? If not enrolled? -Discharges no longer eligible for waiver of WDRs. -Discharges no longer eligible for waiver of WDRs. -Must submit RoWD and be issued WDRs or be subject to-Must submit RoWD and be issued WDRs or be subject to enforcement action for non-compliance with California enforcement action for non-compliance with California Porter-Cologne Water Quality Control Act. Porter-Cologne Water Quality Control Act.

• Assessor parcel number(s)Assessor parcel number(s)• Land info (parcel size, types of crops, irrigated acres)Land info (parcel size, types of crops, irrigated acres)• Owner/operator info (names, contact info)Owner/operator info (names, contact info)• Description of irrigation, storm water runoff, nutrient, Description of irrigation, storm water runoff, nutrient,

pesticide, erosion control, composting, and other site-specific pesticide, erosion control, composting, and other site-specific MMs/BMPs that have been implementedMMs/BMPs that have been implemented

• Maps of operationMaps of operation

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Monitoring Group vs. Monitoring Group vs. IndividualIndividualMMONITORINGONITORING GGROUPROUP IINDIVIDUALNDIVIDUAL

• File Notice of Intent.File Notice of Intent.

• Prepare and submit Prepare and submit Monitoring and Monitoring and Reporting Program Plan.Reporting Program Plan.

• Conduct monitoring.Conduct monitoring.

• Prepare and submit Prepare and submit Monitoring Program Monitoring Program Report.Report.

• Costs & compliance Costs & compliance activities activities can be dividedcan be divided among monitoring group among monitoring group participants.participants.

• File Notice of Intent.File Notice of Intent.

• Prepare and submit Prepare and submit Monitoring and Reporting Monitoring and Reporting Program Plan.Program Plan.

• Conduct monitoring.Conduct monitoring.

• Prepare and submit Prepare and submit Monitoring Program Monitoring Program Report.Report.

• Costs & compliance Costs & compliance activities activities are sole are sole responsibilityresponsibility of individual of individual owner/operator.owner/operator.

• Complying with waiver conditions is easier and less expensive than obtaining and complying with waste discharge requirements.Complying with waiver conditions is easier and less expensive than obtaining and complying with waste discharge requirements.• Waiver conditions basically require proper management of operations to minimize or eliminate discharges to waters of the state.Waiver conditions basically require proper management of operations to minimize or eliminate discharges to waters of the state.• Enrollment is a condition to continue discharging under waiver. If not enrolled, file RoWD for WDRs or face potential enforcement action.Enrollment is a condition to continue discharging under waiver. If not enrolled, file RoWD for WDRs or face potential enforcement action.• Monitoring and reporting are conditions of continuing to discharge under waiver.Monitoring and reporting are conditions of continuing to discharge under waiver.• Costs for monitoring groups less than costs for individual enrollees.Costs for monitoring groups less than costs for individual enrollees.

SummarySummary• Complying with waiver conditions is easier and less expensive than obtaining and complying with waste discharge requirements.Complying with waiver conditions is easier and less expensive than obtaining and complying with waste discharge requirements.• Waiver conditions basically require proper management of operations to minimize or eliminate discharges to waters of the state.Waiver conditions basically require proper management of operations to minimize or eliminate discharges to waters of the state.• Enrollment is a condition to continue discharging under waiver. If not enrolled, file RoWD for WDRs or face potential enforcement action.Enrollment is a condition to continue discharging under waiver. If not enrolled, file RoWD for WDRs or face potential enforcement action.• Monitoring and reporting are conditions of continuing to discharge under waiver.Monitoring and reporting are conditions of continuing to discharge under waiver.

Peter PeuronPeter PeuronEnvironmental ScientistEnvironmental ScientistCentral Watershed UnitCentral Watershed Unit

California Regional Water Quality Control Board, San Diego RegionCalifornia Regional Water Quality Control Board, San Diego Region9174 Sky Park Court, San Diego, CA 921239174 Sky Park Court, San Diego, CA 92123

(858) 637-7137 / (858) 571-6972 FAX(858) 637-7137 / (858) 571-6972 FAXppeuron@waterboards.ca.govppeuron@waterboards.ca.gov

Questions? Questions? http://www.waterboards.ca.gov/sandiego/misc/waiverhttp://www.waterboards.ca.gov/sandiego/misc/waiver

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