Section § 13390

Explanation

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.

It is the intent of the Legislature that the state board and the regional boards establish programs that provide maximum protection for existing and future beneficial uses of bay and estuarine waters, and that these programs include a plan for remedial action at toxic hot spots. It is also the intent of the Legislature that these programs further compliance with federal law pertaining to the identification of waters where the protection and propagation of shellfish, fish, and wildlife are threatened by toxic pollutants and contribute to the development of effective strategies to control these pollutants. It is also the intent of the Legislature that these programs be structured and maintained in a manner which allows the state board and the regional boards to make maximum use of any federal funds which may be available for any of the purposes specified in this chapter.

Section § 13391

Explanation

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.

(a)CA Water Code § 13391(a) The state board shall formulate and adopt a water quality control plan for enclosed bays and estuaries, which shall be known as the California Enclosed Bays and Estuaries Plan, in accordance with the procedures established by this division for adopting water quality control plans.
(b)CA Water Code § 13391(b) As part of its formulation and adoption of the California Enclosed Bays and Estuaries Plan, the state board shall review and update the Water Quality Control Policy for Enclosed Bays and Estuaries of California, as adopted in 1974 pursuant to Article 3 (commencing with Section 13140) of Chapter 3, and incorporate the results of that review and update in the California Enclosed Bays and Estuaries Plan.
(c)CA Water Code § 13391(c) State and regional offices, departments, boards and agencies shall fully implement the California Enclosed Bays and Estuaries Plan. Pending adoption of the California Enclosed Bays and Estuaries Plan by the state board, state and regional offices, departments, boards and agencies shall fully implement the Water Quality Control Policy for Enclosed Bays and Estuaries of California.
(d)CA Water Code § 13391(d) Each regional board shall review and, if necessary, revise waste discharge requirements that are inconsistent with those policies and principles.

Section § 13391.5

Explanation

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.

The definitions in this section govern the construction of this chapter.
(a)CA Water Code § 13391.5(a) “Enclosed bays” means indentations along the coast which enclose an area of oceanic water within distinct headlands or harbor works. “Enclosed bays” include all bays where the narrowest distance between the headlands or outermost harbor works is less than 75 percent of the greatest dimension of the enclosed portion of the bay. “Enclosed bays” include, but are not limited to, Humboldt Bay, Bodega Harbor, Tomales Bay, Drake’s Estero, San Francisco Bay, Morro Bay, Los Angeles-Long Beach Harbor, Upper and Lower Newport Bay, Mission Bay, and San Diego Bay. For the purposes of identifying, characterizing, and ranking toxic hot spots pursuant to this chapter, Monterey Bay and Santa Monica Bay shall also be considered to be enclosed bays.
(b)CA Water Code § 13391.5(b) “Estuaries” means waters, including coastal lagoons, located at the mouths of streams which serve as mixing zones for fresh and ocean waters. Coastal lagoons and mouths of streams which are temporarily separated from the ocean by sandbars shall be considered as estuaries. Estuarine waters shall be considered to extend from a bay or the open ocean to a point upstream where there is no significant mixing of fresh water and sea water. Estuarine waters include, but are not limited to, the Sacramento-San Joaquin Delta, as defined in Section 12220, Suisun Bay, Carquinez Strait downstream to the Carquinez Bridge, and appropriate areas of the Smith, Mad, Eel, Noyo, Russian, Klamath, San Diego, and Otay Rivers.
(c)CA Water Code § 13391.5(c) “Health risk assessment” means an analysis which evaluates and quantifies the potential human exposure to a pollutant that bioaccumulates or may bioaccumulate in edible fish, shellfish, or wildlife. “Health risk assessment” includes an analysis of both individual and population wide health risks associated with anticipated levels of human exposure, including potential synergistic effects of toxic pollutants and impacts on sensitive populations.
(d)CA Water Code § 13391.5(d) “Sediment quality objective” means that level of a constituent in sediment which is established with an adequate margin of safety, for the reasonable protection of the beneficial uses of water or the prevention of nuisances.
(e)CA Water Code § 13391.5(e) “Toxic hot spots” means locations in enclosed bays, estuaries, or any adjacent waters in the “contiguous zone” or the “ocean,” as defined in Section 502 of the Clean Water Act (33 U.S.C. Sec. 1362), the pollution or contamination of which affects the interests of the state, and where hazardous substances have accumulated in the water or sediment to levels which (1) may pose a substantial present or potential hazard to aquatic life, wildlife, fisheries, or human health, or (2) may adversely affect the beneficial uses of the bay, estuary, or ocean waters as defined in water quality control plans, or (3) exceeds adopted water quality or sediment quality objectives.
(f)CA Water Code § 13391.5(f) “Hazardous substances” has the same meaning as defined in subdivision (h) of Section 25281 of the Health and Safety Code.

Section § 13392

Explanation

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.

The state board and the regional boards, in consultation with the State Department of Public Health and the Department of Fish and Wildlife, shall develop and maintain a comprehensive program to (1) identify and characterize toxic hot spots, as defined in Section 13391.5, (2) plan for the cleanup or other appropriate remedial or mitigating actions at the sites, and (3) amend water quality control plans and policies to incorporate strategies to prevent the creation of new toxic hot spots and the further pollution of existing hot spots. As part of this program, the state board and regional boards shall, to the extent feasible, identify specific discharges or waste management practices that contribute to the creation of toxic hot spots, and shall develop appropriate prevention strategies, including, but not limited to, adoption of more stringent waste discharge requirements, onshore remedial actions, adoption of regulations to control source pollutants, and development of new programs to reduce urban and agricultural runoff.

Section § 13392.5

Explanation

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.

(a)CA Water Code § 13392.5(a) Each regional board that has regulatory authority for one or more enclosed bays or estuaries shall, on or before January 30, 1994, develop for each enclosed bay or estuary, a consolidated database that identifies and describes all known and potential toxic hot spots. Each regional board shall, in consultation with the state board, also develop an ongoing monitoring and surveillance program that includes, but is not limited to, the following components:
(1)CA Water Code § 13392.5(a)(1) Establishment of a monitoring and surveillance task force that includes representation from agencies, including, but not limited to, the State Department of Public Health and the Department of Fish and Wildlife, that routinely monitor water quality, sediment, and aquatic life.
(2)CA Water Code § 13392.5(a)(2) Suggested guidelines to promote standardized analytical methodologies and consistency in data reporting.
(3)CA Water Code § 13392.5(a)(3) Identification of additional monitoring and analyses that are needed to develop a complete toxic hot spot assessment for each enclosed bay and estuary.
(b)CA Water Code § 13392.5(b) Each regional board shall make available to state and local agencies and the public all information contained in the consolidated database, as well as the results of new monitoring and surveillance data.

Section § 13392.6

Explanation

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.

(a)CA Water Code § 13392.6(a) On or before July 1, 1991, the state board shall adopt and submit to the Legislature a workplan for the adoption of sediment quality objectives for toxic pollutants that have been identified in known or suspected toxic hot spots and for toxic pollutants that have been identified by the state board or a regional board as a pollutant of concern. The workplan shall include priorities and a schedule for development and adoption of sediment quality objectives, identification of additional resource needs, and identification of staff or funding needs. The state board is not prohibited from adopting sediment quality objectives in the workplan for a constituent for which the workplan identifies additional research needs.
(b)CA Water Code § 13392.6(b) In preparing the workplan pursuant to subdivision (a), the state board shall conduct public hearings and workshops and shall consult with persons associated with municipal discharges, industrial discharges, other public agencies, research scientists, commercial and sport fishing interests, marine interests, organizations for the protection of natural resources and the environment, and the general public.

Section § 13393

Explanation

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.

(a)CA Water Code § 13393(a) The state board shall adopt sediment quality objectives pursuant to the workplan submitted pursuant to Section 13392.6.
(b)CA Water Code § 13393(b) The state board shall adopt the sediment quality objectives pursuant to the procedures established by this division for adopting or amending water quality control plans. The sediment quality objectives shall be based on scientific information, including, but not limited to, chemical monitoring, bioassays, or established modeling procedures, and shall provide adequate protection for the most sensitive aquatic organisms. The state board shall base the sediment quality objectives on a health risk assessment if there is a potential for exposure of humans to pollutants through the food chain to edible fish, shellfish, or wildlife.
(c)Copy CA Water Code § 13393(c)
(1)Copy CA Water Code § 13393(c)(1) Notwithstanding subdivision (a), in adopting sediment quality objectives pursuant to this section, the state board shall consider the federal sediment criteria for toxic pollutants that are being prepared, or that have been adopted, by the Environmental Protection Agency pursuant to Section 1314 of Title 33 of the United States Code.
(2)CA Water Code § 13393(c)(2) If federal sediment criteria have been adopted, the state board shall review the federal sediment criteria and determine if the criteria meet the requirements of this section. If the state board determines that a federal sediment criterion meets the requirements of this section, the state board shall adopt the criterion as a sediment quality objective pursuant to this section. If the state board determines that a federal sediment criterion fails to meet the requirements of this section, the state board shall adopt a sediment quality objective that meets the requirements of this section.

Section § 13393.5

Explanation

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.

On or before January 30, 1994, the state board, in consultation with the State Department of Public Health and the Department of Fish and Wildlife, shall adopt general criteria for the assessment and priority ranking of toxic hot spots. The criteria shall take into account the pertinent factors relating to public health and environmental quality, including, but not limited to, potential hazards to public health, toxic hazards to fish, shellfish, and wildlife, and the extent to which the deferral of a remedial action will result, or is likely to result, in a significant increase in environmental damage, health risks, or cleanup costs.

Section § 13394

Explanation

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.

On or before January 1, 1998, each regional board shall complete and submit to the state board a toxic hot spots cleanup plan. On or before June 30, 1999, the state board shall submit to the Legislature a consolidated statewide toxic hot spots cleanup plan. The cleanup plan submitted by each regional board and the state board shall include, but not be limited to, the following information:
(a)CA Water Code § 13394(a) A priority ranking of all hot spots, including the state board’s recommendations for remedial action at each toxic hot spot site.
(b)CA Water Code § 13394(b) A description of each hot spot site including a characterization of the pollutants present at the site.
(c)CA Water Code § 13394(c) An estimate of the total costs to implement the plan.
(d)CA Water Code § 13394(d) An assessment of the most likely source or sources of pollutants.
(e)CA Water Code § 13394(e) An estimate of the costs that may be recoverable from parties responsible for the discharge of pollutants that have accumulated in sediment.
(f)CA Water Code § 13394(f) A preliminary assessment of the actions required to remedy or restore a toxic hot spot.
(g)CA Water Code § 13394(g) A two-year expenditure schedule identifying state funds needed to implement the plan.
(h)CA Water Code § 13394(h) A summary of actions that have been initiated by the regional board to reduce the accumulation of pollutants at existing hot spot sites and to prevent the creation of new hot spots.
(i)CA Water Code § 13394(i) The plan submitted by the state board shall include findings and recommendations concerning the need for establishment of a toxic hot spots cleanup program.

Section § 13394.5

Explanation

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.

The state board, as part of the annual budget process, shall prepare and submit to the Legislature a recommended annual expenditure plan for the implementation of this chapter.

Section § 13394.6

Explanation

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.

(a)CA Water Code § 13394.6(a) The state board shall establish an advisory committee to assist in the implementation of this chapter. The members of the advisory committee shall be appointed by the state board to represent all of the following interests:
(1)CA Water Code § 13394.6(a)(1) Trade associations whose members are businesses that use the bay, estuaries, and coastal waters of the state as a resource in their business activities.
(2)CA Water Code § 13394.6(a)(2) Dischargers required to pay fees pursuant to Section 13396.5.
(3)CA Water Code § 13394.6(a)(3) Environmental, public interest, public health, and wildlife conservation organizations.
(b)CA Water Code § 13394.6(b) The members of the advisory committee shall select a member as the chairperson of the committee. The chairperson shall convene meetings of the committee every three months in any calendar year. The members of the advisory committee shall serve without compensation.
(c)CA Water Code § 13394.6(c) The advisory committee shall have access to all information and documents, except for internal communications, that are prepared to implement this chapter and may provide the state board with its views on how that information should be interpreted and used.

Section § 13395

Explanation

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.

Each regional board shall, within 120 days from the ranking of a toxic hot spot, initiate a reevaluation of waste discharge requirements for dischargers who, based on the determination of the regional board, have discharged all or part of the pollutants which have caused the toxic hot spot. These reevaluations shall be for the purpose of ensuring compliance with water quality control plans and water quality control plan amendments. These reevaluations shall be initiated according to the priority ranking established pursuant to subdivision (a) of Section 13394 and shall be scheduled so that, for each region, the first reevaluation shall be initiated within 120 days from, and the last shall be initiated within one year from, the ranking of the toxic hot spots. The regional board shall, consistent with the policies and principles set forth in Section 13391, revise waste discharge requirements to ensure compliance with water quality control plans and water quality control plan amendments adopted pursuant to Article 3 (commencing with Section 13240) of Chapter 4, including requirements to prevent the creation of new toxic hot spots and the maintenance or further pollution of existing toxic hot spots. The regional board may determine it is not necessary to revise a waste discharge requirement only if it finds that the toxic hot spot resulted from practices no longer being conducted by the discharger or permitted under the existing waste discharge requirement, or that the discharger’s contribution to the creation or maintenance of the toxic hot spot is not significant.

Section § 13395.5

Explanation

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.

The state board may enter into contracts and other agreements for the purpose of evaluating or demonstrating methods for the removal, treatment, or stabilization of contaminated bottom sediment. For the purpose of preparing health risk assessments pursuant to Section 13393, the state board shall enter into contracts or agreements with the Office of Environmental Health Hazard Assessment, or with other state or local agencies, subject to the approval of the Office of Environmental Health Hazard Assessment. The costs incurred for work conducted by other state agencies pursuant to this chapter shall be reimbursed according to the terms of an interagency agreement between the state board and the agency.

Section § 13396

Explanation

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.

No person shall dredge or otherwise disturb a toxic hot spot site that has been identified and ranked by a regional board without first obtaining certification pursuant to Section 401 of the Clean Water Act (33 U.S.C. Sec. 1341) or waste discharge requirements. The state board and any regional board to which the state board has delegated authority to issue certification shall not waive certification for any discharge resulting from the dredging or disturbance unless waste discharge requirements have been issued. If the state board or a regional board does not issue waste discharge requirements or a certification within the period provided for certification under Section 401 of the Clean Water Act. The certification shall be deemed denied without prejudice. On or after January 1, 1993, the state and regional boards shall not grant approval for a dredging project that involves the removal or disturbance of sediment which contains pollutants at or above the sediment quality objectives established pursuant to Section 13393 unless the board determines all of the following:
(a)CA Water Code § 13396(a) The polluted sediment will be removed in a manner that prevents or minimizes water quality degradation.
(b)CA Water Code § 13396(b) Polluted dredge spoils will not be deposited in a location that may cause significant adverse effects to aquatic life, fish, shellfish, or wildlife or may harm the beneficial uses of the receiving waters, or does not create maximum benefit to the people of the state.
(c)CA Water Code § 13396(c) The project or activity will not cause significant adverse impacts upon a federal sanctuary, recreational area, or other waters of significant national importance.

Section § 13396.6

Explanation

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.

No fees may be imposed pursuant to Section 13396.5 on dischargers who discharge into enclosed bays, estuaries, or adjacent waters in the contiguous zone or the ocean from lands managed solely to provide habitat for waterfowl and other water-dependent wildlife.

Section § 13396.7

Explanation

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.

(a)CA Water Code § 13396.7(a) The state board, in consultation with the State Department of Public Health, shall contract with an independent contractor to conduct a study to determine the adverse health effects of urban runoff on swimmers at urban beaches. The contract shall include a provision that requires the study to be conducted as prescribed in the study proposal approved by the Santa Monica Bay Restoration Project. The study shall be paid for by using available resources or state funds appropriated in the annual Budget Act.
(b)CA Water Code § 13396.7(b) It is the intent of the Legislature that the state board and the State Department of Public Health use the results of the study undertaken pursuant to subdivision (a) to establish recreational water quality standards.

Section § 13396.9

Explanation

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.

(a)CA Water Code § 13396.9(a) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board shall establish and participate in the multiagency Los Angeles Basin Contaminated Sediments Task Force, in cooperation with all interested parties, including, but not limited to, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the Port of Long Beach, and the Port of Los Angeles.
(b)Copy CA Water Code § 13396.9(b)
(1)Copy CA Water Code § 13396.9(b)(1) On or before January 1, 2005, the California Coastal Commission shall, based upon the recommendations of the task force, develop a long-term management plan for the dredging and disposal of contaminated sediments in the coastal waters adjacent to the County of Los Angeles. The plan shall include identifiable goals for the purpose of minimizing impacts to water quality, fish, and wildlife through the management of sediments. The plan shall include measures to identify environmentally preferable, practicable disposal alternatives, promote multiuse disposal facilities and beneficial reuse, and support efforts for watershed management to control contaminants at their source.
(2)CA Water Code § 13396.9(b)(2) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board shall seek to enter into an agreement with the United States Environmental Protection Agency and the United States Army Corps of Engineers for those federal agencies to participate in the preparation of the long-term management plan.
(c)CA Water Code § 13396.9(c) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board, in cooperation with the task force, shall conduct not less than one annual public workshop to review the status of the plan and to promote public participation.