California's Water Pollution Laws: What You Need Know

Water pollution is a pressing issue in California, with the state implementing various laws and regulations to address it. The California State Water Resources Control Board and the nine California Regional Water Quality Control Boards play a crucial role in enforcing water quality standards and ensuring safe and accessible water for all. The Clean Water Act, one of the most significant environmental laws in American history, has helped reverse years of neglect and abuse of the nation's waters. California's water quality standards are outlined in the Water Quality Control Plans, with the EPA providing oversight and assistance in developing and implementing pollution control plans. The state also has specific regulations regarding sediment quality, toxicity provisions, and nonpoint source pollution control. With the ongoing challenges of climate change and water scarcity, California's water pollution laws are constantly evolving to protect this precious resource.

The Clean Water Act (CWA)

The CWA's objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. It recognizes the primary responsibility of states in addressing pollution and provides assistance to states in doing so, including funding for publicly owned treatment works to improve wastewater treatment and maintain the integrity of wetlands. The Act also includes an employee ("whistleblower") protection provision, which allows employees who believe they were fired or faced adverse action related to the enforcement of the CWA to file a written complaint with the Occupational Safety and Health Administration.

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without obtaining a permit from the National Pollutant Discharge Elimination System (NPDES). The Environmental Protection Agency (EPA) regulates discharges under the NPDES and has implemented pollution control programs, such as setting wastewater standards for industries and developing national water quality criteria recommendations for pollutants in surface waters. The EPA also issues technology-based effluent guidelines under Sections 301, 302, 304, and 306 of the CWA, establishing discharge standards based on available and economically achievable treatment technologies.

The CWA has six titles, including a Declaration of Goals and Policy and various grant authorizations for research and pollution control programs. Title II established a system of construction grants, with federal funds supporting 75% of project costs for building or expanding sewage treatment plants, also known as publicly owned treatment works (POTW). The construction grant program was later replaced by the Clean Water State Revolving Fund in the 1987 WQA, which provides financial assistance to local governments for wastewater treatment, nonpoint source pollution control, and estuary protection.

Water Quality Control Plans

One example of a Water Quality Control Plan is the "Water Quality Control Plan for Enclosed Bays and Estuaries", which focuses on protecting benthic communities from direct exposure to pollutants in sediments and minimising human health risks from consuming fish and shellfish that may be contaminated. This plan includes narrative sediment quality objectives, descriptions of applicable beneficial uses, and guidelines for interpreting and applying these objectives to existing water quality protection measures.

Another illustration is the "Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary", which aims to establish water quality standards for this specific region. The EPA plays a crucial role in reviewing and approving new or revised water quality standards, ensuring compliance with the Clean Water Act and providing financial and technical assistance to the states.

California's Water Quality Control Plans are regularly reviewed and updated. The Water Boards review these plans every three years, making adjustments as necessary to reflect changing conditions and new knowledge. This dynamic approach ensures that the state's water quality standards remain effective and relevant in protecting California's precious water resources.

Additionally, California has implemented the Nonpoint Source Pollution (NPS) Control Program, addressing pollution caused by a range of activities, including urban development, agriculture, and forestry. Under the Antidegradation Policy, any actions that could adversely affect water quality must be consistent with maximising benefits to the people of the state and not compromise present and future beneficial uses of the water.

Water Quality Standards Regulations

Water quality standards in California are identified in Water Quality Control Plans. These plans are reviewed and updated every three years by the Water Boards, with input and oversight from the Environmental Protection Agency (EPA). The EPA also provides financial and technical assistance to the state to monitor water quality, identify water pollution problems, and develop pollution control plans.

There are nine Regional Water Quality Control Boards (Regional Boards) in California, each with its own Basin Plan. These Boards are responsible for developing and enforcing water quality objectives and implementation plans that protect the beneficial uses of the state's waters, taking into account local differences in climate, topography, geology, and hydrology. The Regional Boards also prepare amendments to their Basin Plans, which are reviewed and approved by the State Board and the State's Office of Administrative Law (OAL) before being submitted to the EPA for final approval.

The State Water Resources Control Board (State Board) also plays a crucial role in enforcing water quality standards. They administer several statewide Plans and Policies, including the State Policy for Water Quality Control: Toxicity Provisions, which establishes aquatic toxicity water quality standards for most inland surface waters, enclosed bays, estuaries, and coastal lagoons. The State Board also provides guidance on the application of the federal antidegradation policy, which aims to prevent water quality deterioration and ensure that any actions affecting water quality are consistent with the maximum benefit to the people of California.

In addition to the work of the Regional and State Boards, California has implemented several laws and regulations to address water pollution. The Nonpoint Source Pollution (NPS) Control Program, for example, requires each city or county to adopt a comprehensive, long-term general plan for physical development, including the prevention and control of NPS pollution. The California Environmental Quality Act, which all state and local government agencies must comply with, is another tool used to address environmental and water quality issues.

Overall, California has a comprehensive set of regulations and standards in place to protect and improve water quality, with the collaboration of state and federal agencies, such as the Water Boards and the EPA.

Nonpoint Source Pollution Control Program

The Nonpoint Source Pollution (NPS) Control Program is a part of California's efforts to improve its water quality. The NPS Control Program is managed by the California State Water Resources Control Board, which also maintains compilations of laws relevant to water boards' responsibilities.

The NPS Control Program aims to prevent polluted runoff from reaching California's rivers, streams, lakes, beaches, bays, and groundwater. This is achieved through the implementation of management practices that reduce or prevent runoff. These management measures are defined in the Coastal Zone Act Reauthorization Amendments (CZARA) as:

> [...] economically achievable measures for the control of the addition of pollutants from existing and new categories and classes of nonpoint (that is, types of polluted runoff) sources of pollution, which reflect the greatest degree of pollution reduction achievable through the application of best available nonpoint pollution (polluted runoff) control [...]

The NPS Program Plan was updated in February 1994 to conform to the requirements of the Federal Clean Water Act and the Federal Coastal Zone Act Reauthorization Amendments of 1990. The update included a comprehensive review process to consider the new CZARA requirements, which was more efficient and effective for California's pollution prevention and reduction efforts.

The Third Five-Year Implementation Plan (2008-2013) targeted the remaining management measures for implementation and described NPS Program activities. The NPS Enforcement and Implementation policy assists all responsible and/or interested parties in understanding how the State's NPS water quality control requirements are implemented and enforced.

California's Critical Coastal Areas (CCA) Program is also a part of the NPS Control Program. The CCA Program fosters collaboration among local stakeholders and government agencies to protect coastal-zone watershed areas from polluted runoff.

California Environmental Quality Act

The California Environmental Quality Act (CEQA) is one of the state's most important environmental laws. The Act establishes a state policy of sustainability: to "create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations".

CEQA requires that state and local agencies disclose and evaluate the significant environmental impacts of proposed projects and adopt all feasible mitigation measures to reduce or eliminate those impacts. It mandates that all state and local agencies give major consideration to environmental protection when regulating public and private activities. Agencies should not approve projects for which there exist feasible and environmentally superior alternatives or mitigation measures.

CEQA requires public agencies to "look before they leap" and consider the environmental consequences of their discretionary actions. It is intended to inform government decision-makers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage.

CEQA applies to any action when a project requires discretionary approval by a state or local governmental body. If the lead agency determines that the project may have significant environmental impacts, the lead agency must prepare an EIR (Environmental Impact Report).

Frequently asked questions