Chapter 5.6Bay Protection and Toxic Cleanup
Section § 13390
This law expresses the Legislature's intention for state and regional boards to create programs that protect bay and estuarine waters, focusing on both current and future benefits. These programs should include plans to address toxic pollution areas and ensure alignment with federal laws aimed at safeguarding shellfish, fish, and wildlife from toxic threats. Additionally, the programs should be designed to effectively utilize federal funding.
Section § 13391
This section requires the state board to create a water quality control plan specifically for enclosed bays and estuaries in California. This plan, called the California Enclosed Bays and Estuaries Plan, must follow existing procedures for such plans. It also involves reviewing and updating an older water quality policy from 1974 and incorporating that into the new plan.
All state and regional bodies must fully implement this new plan. Until the new plan is finalized, they are required to follow the 1974 policy. Regional boards must check and, if needed, update their waste discharge rules to ensure they align with the new policies.
Section § 13391.5
This section provides definitions for terms used in this chapter relating to water quality. It explains what 'enclosed bays' and 'estuaries' are, describing enclosed bays as coastal waters surrounded by distinct land forms and naming specific bays like San Francisco Bay. Estuaries are areas where fresh and ocean waters mix, like the Sacramento-San Joaquin Delta.
It defines 'health risk assessment' as an evaluation of human exposure to pollutants that may accumulate in seafood or wildlife. A 'sediment quality objective' is a safe level of sediment pollution that protects water use.
'Toxic hot spots' are polluted areas harming wildlife or human health beyond safe levels in bays, estuaries, or nearby waters. Finally, 'hazardous substances' aligns with the definition in the Health and Safety Code.
Section § 13392
This law requires the state and regional boards to work with health and wildlife departments to create a detailed program focused on toxic hot spots in water areas. This program involves identifying these toxic spots, planning cleanups, and updating plans to prevent new hot spots and stop pollution at existing ones.
They also need to figure out specific sources of pollution and develop strategies to prevent them, like enforcing stricter waste discharge rules, taking cleanup actions on land, controlling pollution sources, and reducing runoff from cities and farms.
Section § 13392.5
This section requires each regional board responsible for enclosed bays or estuaries to create a database by January 30, 1994, listing all known and possible toxic hot spots. They also need to set up a monitoring program with help from specific agencies to keep track of water quality, sediment, and aquatic life.
This involves forming a task force, developing guidelines for data consistency, and determining what additional monitoring is needed to fully assess toxic hot spots. Furthermore, the boards must share this information and any new data with state and local agencies, plus the public.
Section § 13392.6
This law requires the state board to create and submit a workplan by July 1, 1991, for setting sediment quality objectives for toxic pollutants in known or suspected toxic hot spots. This plan must include priorities, schedules, and resource needs for developing these objectives. They can also plan for constituents requiring more research.
The state board must involve the public in this process through hearings and workshops and consult various stakeholders, including those from municipal and industrial sectors, research scientists, and environmental organizations, among others.
Section § 13393
The state board is responsible for setting up rules to protect sediment quality based on a previously submitted plan. These rules must follow the procedures for water quality control and rely on scientific data like chemical tests and health risk assessments. The objective is to safeguard sensitive aquatic life and prevent human exposure to pollutants through the food chain.
The state board must also consider federal guidelines for toxic sediments from the Environmental Protection Agency (EPA). If these federal guidelines are found to be suitable, they may be adopted by the state board. If not, the state board will develop its own rules that meet the necessary standards.
Section § 13393.5
This law required the state board, with the help of the State Department of Public Health and the Department of Fish and Wildlife, to create guidelines by January 30, 1994, for evaluating and prioritizing toxic hot spots in California. These guidelines are meant to address public health and environmental concerns, focusing on potential dangers to people, fish, shellfish, and wildlife. The law also considers whether delaying cleanup efforts could worsen environmental damage, health risks, or increase the cost of cleanup.
Section § 13394
This law section outlines a timeline and requirements for California's regional and state boards to create and submit toxic hot spots cleanup plans. By January 1, 1998, regional boards must submit their plans to the state board, which then must provide a combined statewide plan to the Legislature by June 30, 1999.
The plans must include a ranking of sites, pollutant details, cost estimates, pollutant sources, and recoverable costs from responsible parties. They should also detail required actions and funding over two years, efforts to reduce existing pollutants, and measures to prevent new hot spots. The state board's plan should include recommendations for a cleanup program.
Section § 13394.5
In California, the state board must create a yearly plan on how to spend money to carry out actions described in this chapter. This plan is then submitted to the Legislature for approval as part of the state's annual budget process.
Section § 13394.6
This law requires the state board to set up an advisory committee to help implement specific water management tasks. The committee will include representatives from trade associations, businesses that use the state's waters, fee-paying dischargers, and groups focused on the environment, public health, and wildlife. Members pick one person to lead and meet every three months. Although no one gets paid, they can access almost all relevant documents and share opinions with the state board on their usage.
Section § 13395
This law requires each regional water board to review waste discharge permits for those responsible for causing toxic hot spots, starting within 120 days of identifying these spots. The goal is to ensure compliance with water quality plans and avoid further pollution. If the practices causing the pollution aren’t ongoing or aren't significant, the board may decide not to revise permits.
Section § 13395.5
This law allows the state board to make agreements for projects that clean up or manage contaminated sediment on lake or river bottoms. It must also work with health agencies to assess health risks from these efforts. Any expenses that other state agencies incur for these projects will be repaid under agreed-upon terms.
Section § 13396
If you're planning to dredge or disturb a toxic hot spot area identified by a regional board, you'll need to get certification under the Clean Water Act or meet waste discharge requirements first. The boards can't skip this certification unless waste discharge requirements are in place.
If they don't give you the needed approvals in the time the Clean Water Act allows, it's considered a no but you can try again. Since January 1, 1993, any dredging project dealing with polluted sediments must meet strict conditions to prevent water quality issues, avoid harming aquatic life and the environment, and mustn't impact areas like federal sanctuaries or recreational waters.
Section § 13396.6
This law states that if land is exclusively used to provide habitat for waterfowl and other wildlife that need water, then the people or entities discharging into bays, estuaries, or surrounding waters from this land don't have to pay the fees mentioned in another related law.
Section § 13396.7
This California law section mandates that the state board, along with the State Department of Public Health, hire an independent contractor to study the health impacts of urban runoff on swimmers at urban beaches. This study must adhere to guidelines set by the Santa Monica Bay Restoration Project and will be funded through existing resources or state budget allocations. The results are intended to help create water quality standards for recreational purposes.
Section § 13396.9
This law requires the California Coastal Commission and the Los Angeles Regional Water Quality Control Board to form and participate in a task force with multiple agencies to address contaminated sediments in the Los Angeles Basin. They must work with groups like the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers.
By January 1, 2005, the Commission was supposed to create a long-term plan for managing the dredging and disposal of these sediments to protect water, fish, and wildlife. This plan should find environmentally friendly alternatives and support watershed management.
They are encouraged to gain federal agency involvement in crafting this plan. Furthermore, at least one public workshop must be held annually to update and involve the public in the status of the plan.