Groundwater & Surface Water Protection in California

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1 Alameda Cunty Department f Envirnmental Health, Land Use Prgram 1131 Harbr Bay Pkwy, Alameda, CA Ph: Fax: Web: Grundwater & Surface Water Prtectin in Califrnia Recent Grundwater Legislatin in in Califrnia Sustainable Grundwater Management Act, Effective January 1, 2015 Fr mre infrmatin: State Onsite Wastewater Treatment System (OWTS) Plicy, Effective May 13, 2013 Fr mre infrmatin: Recycled Water Plicy, Amended April 25, 2013 Fr mre infrmatin: Water Quality Cntrl Plan (Basin Plan) fr the San Francisc Bay Basin, Amended July 2013 Fr mre infrmatin: Timeline fr fr Mandated Plans Plans in in Califrnia Water Quality Cntrl Plan fr San Francisc Bay Basin (Basin Plan), Amended June 2014 Cnditinal Waiver & General Waste Discharge Requirements fr Cnfined Animal Facilities, Early 2014 (Pending) Draft Zne 7 Nutrient Management Plan, Nvember 2014 Cnditinal Waiver & General Waste Discharge Requirements fr Wineries, Fall 2015 Alameda Cunty Lcal Agency Management Prgram (LAMP), draft due May 13, 2016 Grundwater Sustainability Plan, 2022 Opprtunities fr fr Public Public Invlvement Additinal Cmmunity Meetings will be scheduled thrughut 2015 and Public Cmment Perids n Plans Alameda Cunty Department f Envirnmental Health, Land Use Prgram Website: Sign-up fr alerts:

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3 Grundwater Legislatin Implementatin Fact Sheet Tpline Message Grundwater Legislatin: On September 16, 2014, Gvernr Edmund G. Brwn Jr. signed three bills --- AB 1739 by Assemblymember Rger Dickinsn and SB 1168 and SB 1319 by Senatr Fran Pavley --- which create a framewrk fr sustainable, lcal grundwater management fr the first time in Califrnia histry. The legislatin allws lcal agencies t tailr grundwater sustainability plans t their reginal ecnmic and envirnmental needs. Tw key principles t the grundwater legislatin: Grundwater is best managed at the lcal r reginal level, and lcal agencies shuld have the tls they need t sustainably manage their resurces. Sme lcal and reginal agencies d nt have the necessary tls t be successful. The legislatin ensures that lcal and reginal agencies have the resurces they need t sustainably manage grundwater, including the necessary authrity, better technical infrmatin and financial resurces. When lcal r reginal agencies cannt r will nt manage their grundwater sustainably, the state will intervene until the lcal agencies develp and implement sustainable grundwater management plans. This limited state interventin wuld be temprary until an adequate lcal prgram is established t ensure the prtectin f the grundwater basin and its users frm verdraft, subsidence and ther prblems stemming frm unsustainable uses f grundwater resurces. Califrnia Water Actin Plan: In January 2014 the Brwn Administratin released the Califrnia Water Actin Plan t put Califrnia n the path t sustainable water management. Grundwater management is an imprtant piece f the Califrnia Water Actin Plan. Drught: The drught and drught respnse cntinue t be a tp pririty fr the Brwn Administratin. As the administratin wrks n emergency actins t manage the immediate crisis, it is als taking practive, lng-term steps t prepare Califrnia fr future drughts and flds. The 1 December 4, 2014

4 current drught reminds us f hw imprtant grundwater is fr many Califrnians, because times f drught are precisely when pumping grundwater is necessary. Therefre, it is crucial that these grundwater basins are prperly managed and allwed t recharge. Water Bnd: Prpsitin 1 is a general bligatin bnd in the amunt f $7.545 billin. It includes funding fr ecsystems and watershed prtectin and restratin, water supply infrastructure prjects, including surface and grundwater strage, and drinking water prtectin. The planning and crdinatin fr the water bnd implementatin will be part f the larger effrt t build the Gvernr s January 10 budget. The agencies, departments, cnservancies and bards that have been allcated bnd funds will all wrk with the Department f Finance thrugh the nrmal budget prcess and use the Califrnia Water Actin Plan as a lng-term guide fr expenditure pririties. Water Bnd Funds fr Grundwater: Prpsitin 1 prvides $100 millin fr sustainable grundwater management planning and implementatin fr lcal grundwater sustainable agencies. The bnd als prvides billins mre fr grundwater cleanup, strage prjects and ther actins that will help lcal agencies manage grundwater sustainably. Grundwater is a critical element f ur water supply in Califrnia. It makes up mre than nethird f ur water supply in wet years and mre than half f ur water supply in dry years. Grundwater basins prvide cst-effective lcal strage fr water supplies that, if well managed, will make cmmunities mre resilient against climate change and future drughts. The state s water management system is unsustainable. The system is unable t reliably meet human, ecnmic and eclgical needs. Currently, where grundwater is managed, it is managed by lcal and reginal agencies, sme f which manage their resurces sustainably. Other regins d nt manage sustainably, resulting in prblems such as grundwater verdraft, land subsidence, dry wells, increased pumping cst and deterirated water quality. Summary f Grundwater Legislatin 1. Adpts a state definitin f sustainable grundwater management 2. Empwers lcal agencies t achieve sustainability 3. Establishes a unifrm framewrk fr lcal grundwater management planning 4. Respects reginal differences and prvides lcal agencies flexibility t tailr plans that meet their needs 5. Prvides state technical assistance 6. Imprves crdinatin between land use and grundwater planning 7. Prvides fr state review f grundwater plans and limited state interventin authrity when lcal actin has been insufficient 8. Prtects water rights 2 December 4, 2014

5 Cre Principles Grundwater shuld be lcally and cllabratively managed t address unique basin cnditins and challenges. Every basin is different, and slutins must be tailred t the basin and its users. Over time, lcal residents will largely pay fr and benefit frm the cnstructin, peratin and maintenance f imprvements t their water resurces. Cnsequently, it is essential that lcal and reginal agencies exercise leadership and btain cnsensus n the slutins t their grundwater prblems. Grundwater shuld be managed sustainably. The gal in all regins f the state must be t manage grundwater sustainably. It is nt acceptable fr a regin t deplete r degrade its grundwater resurces t the detriment f future generatins. The state s rle shuld cmplement and supprt the gal f lcal sustainable grundwater management. The state shuld supprt lcal cntrl f sustainable grundwater management by prviding the necessary authrity, technical supprt and financial resurce ptins. The state shuld step in nly when lcal agencies are unable r unwilling t slve serius grundwater prblems. When the state des s, hwever, it shuld transfer management back t lcal authrities when they are prepared t assume respnsibility. Water rights shuld be prtected. The water rights f existing water right hlders shuld be reassured that their rights are prtected by law. The gal is better grundwater management, which makes thse rights mre valuable. Backgrund Grundwater is essential t Califrnia. Because f Califrnia s variable precipitatin and regular dry perids, Califrnia has always relied n grundwater, particularly when surface water is scarce. Mre than 80 percent f Califrnians rely, in part, n grundwater fr their drinking water. Grundwater is abut 38 percent f the state s ttal annual water supply up t 60 percent in dry years. Rural areas and small urban areas rely entirely n grundwater, as well as sme larger cities, such as Fresn. Grundwater basins are ne f the mst cst-effective and envirnmentally friendly places t stre water lcally during wet years. Cllectively, grundwater basins are the state s largest reservirs mre than 10 times the size f all its surface reservirs cmbined. If managed well, grundwater can serve as a buffer against the impacts f climate change and drught. 3 December 4, 2014

6 Grundwater and surface water are part f the same system. Grundwater feeds surface water streams when grundwater levels are high. When grundwater levels decline, grundwater cntributins t stream flw may decline r surface streams may lse mre water t the aquifer than under natural cnditins. Sme streams may becme cmpletely discnnected frm grundwater, entirely lsing cntributins frm grundwater inflw. Grundwater prblems vary greatly and are lcally very imprtant. Overdraft is a prblem in large parts f the San Jaquin Valley, as well as sme Central Cast and suthern Califrnia basins with limited surface supplies. Between 2006 and 2010, the Central Valley lst enugh grundwater t fill ur largest reservir, Lake Shasta, five times. Seawater intrusin int aquifers is a prblem in sme castal areas, such as the Oxnard plain and parts f Mnterey Cunty. Grundwater pumping is dewatering rivers that supply surface water t cmmunities and farms, and supprt salmn and ther imprtant species. Q&A Q. What des sustainable mean? A. Simply put, sustainable grundwater management means managing ur precius water s that it is available fr future generatins, while balancing the mre immediate needs f ur ecnmy, envirnment and essential human health and safety. Q: Many areas already manage their grundwater sustainably. Des the legislatin impse new mandates n them? A: One f the law s cre principles is that grundwater shuld be managed at the lcal and reginal level. There are many examples where lcal management has prven successful and state management is nt needed. As lng as lcal r reginal agencies are demnstrably managing their grundwater in sustainable fashin, state management is unnecessary. The state s rle is then limited t supprt and mnitr the success f lcal r reginal management agencies. Q. Hw des the grundwater legislatin relate t the drught? A. Sustainable grundwater management is an issue that ges beynd the current drught. Imprved grundwater management will put us in a better psitin t recharge ur grundwater basins in future wet years and will make cmmunities mre resilient t climate change and future drughts. The drught has highlighted grundwater s imprtance in Califrnia s verall water supply, as well as the vulnerability f the resurce. This drught has led t an increased demand fr grundwater and is expected t wrsen verdraft in sme areas. The prblem is nt new, hwever, and verdraft has been ccurring in sme basins fr decades. 4 December 4, 2014

7 Q. What is verdraft? A. A basin is in verdraft when the amunt f grundwater pumped frm the basin exceeds the amunt f water recharging the basin ver a perid f time. When verdraft cntinues fr a number f years, significant impacts may ccur, including land subsidence, water quality degradatin, dry wells, seawater intrusin and increased extractins csts. Q. What is lng-term verdraft? A. Lng-term verdraft means the cnditin f a grundwater basin where the average annual amunt f water extracted fr a lng-term perid, generally 10 years r mre, exceeds the lngterm average annual supply f water t the basin, plus any temprary surplus. Q. Hw is limited state interventin cnsistent with lcal cntrl? A. First and fremst, grundwater shuld be managed at the lcal and reginal level. This new law ensures that lcal and reginal agencies have the tls they need t sustainably manage their grundwater resurces. Lcally derived slutins are ften the mst successful because they can best accunt fr lcal cnditins and needs, but sme lcal areas have fund it difficult t slve grundwater prblems fr a variety f reasns. Where lcal and reginal agencies have been unable r unwilling t manage their grundwater sustainably, the state is authrized t step in t ensure that ur precius grundwater resurces are arund fr future generatins. In all cases, the gal will be t develp lng-term, sustainable grundwater management at the lcal r reginal level nt management in Sacrament. Q. What abut surface water? A. Surface and grundwater are intercnnected and must be managed tgether. This grundwater legislatin is ne cmpnent f the Califrnia Water Actin Plan, which is a cmprehensive apprach t bth grund and surface water management. In places where lcal agencies manage grundwater sustainably, they generally have develped a brad range f strategies, including cnservatin, replenishment prjects, strmwater capture and water recycling. Grundwater management plans and prgrams fr specific areas will need t be integrated with surface water management within their regins, depending n the verall make-up f lcal water supplies. Q. Why are yu nt talking abut new reservirs? A. Expanding water strage capacity, bth n the surface and undergrund, is ne f the key elements identified in the Califrnia Water Plan. When it cmes t grundwater, hwever, there are n easy fixes. In additin t mre surface strage, we need t cnsider a brad range f management ptins, including recharging grundwater with surface water, cnservatin, increased use f recycled water, capturing and re-using strmwater, and better integratin amng reginal prjects. Lcal agencies that manage grundwater successfully typically use a variety f these tls. In areas where grundwater verdraft and water quality cncerns have been munting fr decades, lcal agencies can prbably nly reslve them thugh a diverse set f slutins. Q. Hw will the water bnd benefit grundwater? A. The water bnd will prvide $100 millin fr cmpetitive grants fr preparatin f sustainable grundwater plans and implementatin f grundwater management prjects. The bnd als prvides billins mre fr grundwater cleanup, strage prjects and ther actins that will help lcal agencies manage grundwater sustainably. 5 December 4, 2014

8 Key Dates January 31, 2015: Department f Water Resurces (DWR) establishes grundwater basin pririties. This will determine which basins require grundwater sustainability plans t 2016: DWR identifies basins subject t critical cnditins f verdraft. January 1, 2016: DWR adpts regulatins t revise basin bundaries. June 1, 2016: DWR adpts regulatins fr evaluating grundwater sustainability plans. December 31, 2016: DWR publishes reprt n water available fr replenishment f grundwater in the state. January 1, 2017: DWR publishes best management practices fr the sustainable management f grundwater. June 30, 2017: Lcal agencies must establish grundwater sustainability agencies. July 1, 2017: State may designate prbatinary basins where grundwater sustainability agencies are nt established. January 31, 2020: Grundwater sustainability plans are adpted and implementatin is under way fr basins in critical verdraft. Plans are submitted t DWR fr adequacy review upn adptin. January 31, 2022: Grundwater sustainability plans are adpted and implementatin is under way fr high and medium pririty basins nt in critical cnditins f verdraft. Plans are submitted t DWR fr adequacy review upn adptin. January 31, 2040: Grundwater sustainability agencies in critically ver drafted basins achieve sustainability gal. January 31, 2042: Grundwater sustainability agencies in basins nt in critical cnditin f verdraft achieve sustainability gal. 6 December 4, 2014

9 Water Quality Cntrl Plicy fr Siting, Design, Operatin and Maintenance f Onsite Wastewater Treatment Systems (OWTS Plicy) General OWTS Plicy Infrmatin What are we regulating? Onsite wastewater treatment systems (OWTS) cmmnly knwn as septic systems that primarily treat dmestic wastewater and emply subsurface dispsal. There are an estimated 1.2 millin OWTS in Califrnia When des it take effect? The effective date f the Plicy was May 13, Except fr Tier 3, lcal agencies may cntinue t implement their existing OWTS permitting prgrams fr 60 mnths after the effective date f the Plicy. Owners f OWTS with prjected flw ver 10,000 gallns per day (gpd) r receives high-strength wastewater shall ntify the Reginal Water Bards. These OWTS may be required t submit a Reprt f Waste Discharge fr cverage f Waste Discharge Requirements (WDR) r a Waiver f WDR. Why was the Plicy adpted? T allw cntinued use f OWTS, while prtecting water quality and public health Assembly Bill 885 amended Califrnia Water Cde sectin 13290, which required the State Water Bard t develp statewide standards r regulatins fr permitting and peratin f OWTS. Wh is impacted? OWTS wners Lcal agencies that permit OWTS (cunty envirnmental health dept., etc.) Reginal Water Bards State Water Bard OWTS Plicy Tiers The OWTS Plicy establishes a statewide, risk-based, tiered apprach fr regulatin and management f OWTS installatins and replacements, and recgnizes the effectiveness f lcal permitting agencies. Tiers are briefly summarized belw, refer t the OWTS Plicy fr a cmplete discussin f the requirements. Tier 0: Existing OWTS (OWTS Plicy Sectin 6) Applies t prperly functining systems that d nt need crrective actin and are nt near an impaired water bdy subject t TMDL, lcal agency s special prvisins, r lcated within 600 feet f a water bdy listed n OWTS Plicy Attachment 2. Maximum flw rate is 10,000 gpd. Tier 1: Lw Risk New r Replacement OWTS (OWTS Plicy Sectins 7 & 8) Applies t new r replacement OWTS that cmply with cnservative siting and design standards described in the OWTS Plicy. Tier 1 applies when a Lcal Agency Management Prgram (LAMP) has nt been apprved by the Reginal Water Bard. Maximum flw rate is 3,500 gpd. Tier 2: Lcal Agency Management Prgram (LAMP) fr New r Replacement OWTS (OWTS Plicy Sectin 9) Applies t new r replacement OWTS that cmply with the siting and design standards in an apprved LAMP. LAMPs are develped by Lcal Agencies based n lcal cnditins; siting and design standards may differ frm Tier 1 standards. Maximum flw rate is 10,000 gpd. Tier 3: Advanced Prtectin Management Prgram (OWTS Plicy Sectin 10) Applies t OWTS lcated near impaired surface water bdies that are subject t a Ttal Maximum Daily Lad (TMDL) implementatin plan, a special prvisin cntained in a LAMP, r is lcated within 600 feet f a water bdy listed n OWTS Attachment 2. Supplemental treatment requirements may apply t a Tier 3 system. Maximum flw rate is 10,000 gpd. Tier 4: OWTS Requiring Crrective Actin (OWTS Plicy Sectin 11) Applies t systems that are nt prperly functining (failing). Failure may be indicated by surfacing effluent, wastewater backing up in plumbing fixtures, OWTS cmpnent/piping structural failure, r significant grundwater r surface water degradatin The Plicy and Substitute Envirnmental Dcument are available n the Internet at: Fr mre infrmatin please cntact: Sherly Rsilela, P.E., Water Resurce Cntrl Engineer Sherly.Rsilela@waterbards.ca.gv r (916)

10 Alameda Cunty OWTS Lcal Agency Management Prgram (LAMP) Fact Sheet Educatinal Outreach Regulatry versight: permitting and apprval prcess Alameda Cunty Department f Envirnmental Health, Land Use Prgram 1131 Harbr Bay Pkwy, Alameda, CA Ph: Fax: Web: Operatins, maintenance and reprting requirements OWTS Service Prvider Certificatin Prgram Areas f Cncern Septic Tank Cleaning Registratin Prgram Assessment f existing and prpsed dispsal lcatins fr septage, the vlume f septage, anticipated, and whether adequate capacity is available. Septage pumper reprting & registratin requirements OWTS s Requiring Crrective Actin Has affected r will affect grundwater r surface water t a degree that makes it unfit fr drinking r ther uses Is causing a human health r public nuisance cnditin by waste water discharging t surface r backing up int plumbing fixtures Requires repairs in substantial cnfrmance t the greatest extent practicable OWTS Service Prvider Certificatin Educatinal, training, certificatin and/r licensing requirements required f OWTS Service Prviders: Site Evaluatrs, Surveyrs, Designers, Installers, Pumpers, Maintenance Cntractrs Identificatin f Areas f Cncern Owner unable t cmply with crrective actin requirements due t financial hardship Lamp Elements Required by the State Requires cmplete inventry f OWTSs Areas with parcels where there is insufficient area fr OWTS expansin in case f failure Areas with high dmestic well usage Areas with surface water & grundwater vulnerability t OWTS due t: Hydrgelgical cnditins Prximity t surface water bdies High OWTS density High density f failing OWTSs and OWTSs predating adpted standards f design and cnstructin Parcel size and susceptibility t hydraulic munding Develpment and maintenance f a Water Quality Assessment Prgram t evaluate OWTS impacts t grund and surface water Implementatin f Salt and Nutrient Management Plan and Grundwater Sustainability Prgram Requirements Crdinatin with watershed management grups (Grundwater Basin Managers and Grundwater Sustainability Agencies) Mnitring & analysis f water quality data (nitrates and pathgens) in surface & grundwater Annual & 5-Year Reprting and Prgram Evaluatin Requirements t RWQCB Regulatry Optins