Section 3939.21 - TMDL for Toxic Pollutants in Marina Del Rey Harbor(a) On October 6, 2005, the Los Angeles Regional Water Quality Control Board (Regional Water Board), adopted Resolution No. 2005-012, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment established a Total Maximum Daily Load (TMDL) to reduce toxic pollutants in Marina del Rey Harbor. The Basin Plan was amended again to modify the TMDL by Resolution No. R14-004, adopted by the Regional Water Board on February 6, 2014. The State Water Resources Control Board approved the Basin Plan Amendment on September 9, 2014 in Resolution No. 2014-0049. The TMDL: (1) sets dual numeric targets for sediments based on (A) the State's Water Quality Control Plan for Enclosed Bays and Estuaries -- Part 1 Sediment Quality and (B) Effects Range-Low sediment quality guidelines (ERLs) compiled by the National Oceanic and Atmospheric Administration (the sediment target for total PCBs is based on a food web bioaccumulation model rather than ERLs as this value is more protective of human health);(2) sets numeric targets for the water column based on standards established by the California Toxics Rule (CTR);(3) sets numeric targets for fish tissue based on the Office of Environmental Health Hazard Assessment Fish Contaminant Goals;(4) establishes a loading capacity to meet numeric targets for sediment based on the average annual total suspended solids loading to the harbor;(5) establishes a loading capacity for copper in the water column based on copper leaching rates from boat hull paints; and(6) allocates the loading capacities among point and nonpoint sources of toxic pollutants.(b) The sediment TMDL identifies the Los Angeles County municipal separate storm sewer system (MS4) National Pollutant Discharge Elimination System (NPDES) permit, the California Department of Transportation (Caltrans) Statewide Storm Water NPDES permit, the general industrial and construction storm water NPDES permits, and "other NPDES permits" for low-volume, intermittent, non-stormwater discharges, and the authority vested in the Executive Officer by Water Code section 13267 as the principal regulatory mechanisms to implement the TMDL. The TMDL requires the general industrial and construction storm water permittees to achieve waste load allocations for sediment within 10 years of the effective date of the TMDL. The TMDL requires the MS4 and Caltrans storm water permittees to achieve waste load allocations for sediment through interim milestones, achieving allocations in the entire watershed within 15 years of the effective date of the TMDL.(c) The TMDL loading capacity for copper in the water column is allocated among the County of Los Angeles, individual anchorages, and persons owning boats moored in the marina. The TMDL identifies Waste Discharge Requirements (WDRs), conditional waivers of WDRs, or other regulatory mechanisms in accordance with the Nonpoint Source Implementation and Enforcement Policy as the principal regulatory mechanisms to implement the copper TMDL. The Regional Water Board will develop a regulatory mechanism to implement the dissolved copper load allocation within two years after the effective date of the revised TMDL. The necessary load reduction for dissolved copper discharge from boats shall be attained by March 22, 2024.(d) The TMDL requires the MS4 and Caltrans storm water permittees to submit a revised coordinated monitoring plan or MS4 permit-required Integrated Monitoring Program or Integrated Coordinated Monitoring Program by June 22, 2015. The monitoring plan must include bioaccumulation testing of fish tissue, sediment toxicity testing, and a stressor identification study to be submitted to the Regional Water Board by December 15, 2016. The TMDL also requires the Los Angeles County Flood Control District to monitor discharge of sediment from Oxford Basin to the harbor.(e) With regard to existing sediment contamination by toxic pollutants, the TMDL establishes load allocations for the in-harbor sediments and an associated implementation schedule for attaining the load allocations. The load allocations are assigned to the County of Los Angeles and shall be implemented through a Memorandum of Agreement, Cleanup and Abatement Order, or other regulatory order, and are required to be achieved by March 22, 2029.Cal. Code Regs. Tit. 23, § 3939.21
1. New section summarizing amendments to basin plan filed 3-13-2006; amendments approved by State Water Resources Control Board Resolution No. 2006-0006 on 1-13-2006; amendments approved by OAL pursuant to Government Code section 11353 on 3-13-2006 (Register 2006, No. 11).
2. New subsections (a)-(e) summarizing amendments to basin plan filed 5-4-2015; amendments approved by State Water Resources Control Board Resolution No. 2014-0049 on 9-9-2014; amendments approved by OAL pursuant to Government Code section 11353 on 5-4-2015 (Register 2015, No. 19). 1. New section summarizing amendments to basin plan filed 3-13-2006; amendments approved by State Water Resources Control Board Resolution No. 2006-0006 on 1-13-2006; amendments approved by OAL pursuant to Government Code section 11353on 3-13-2006 (Register 2006, No. 11).
2. New subsections (a)-(e) summarizing amendments to basin plan filed 5/4/2015; amendments approved by State Water Resources Control Board Resolution No. 2014-0049 on 9-9-2014; amendments approved by OAL pursuant to Government Code section 11353 on 5-4-2015 (Register 2015, No. 19).