Cannabis Cultivation and the Protection of Public Resources

Transcription

1 Cannabis Cultivation and the Protection of Public Resources PRESENTATION FOR: FRESNO CANNABIS ASSOCIATION S FRESNO CANNABIS & HEMP CONFERENCE APRIL 26, 2017 Presented by: The Central Valley Regional Water Quality Board & The California Department of Fish & Wildlife

2 Presenters Central Valley Water Board Griffin Perea Senior Engineering Geologist Robert Ditto Environmental Scientist CDFW Region 1 Tobi Freeny Senior Environmental Scientist Ashley Worth Environmental Scientist Michael Parker Engineering Geologist

3 BRIEF PROGRAM BACKGROUND: May 2013, Butte County Requested Assistance Summer 2013, Legislators & Governor s Office Fall 2013, Formed Working Group November 2013, Joint BCP for Positions Technology Development (CIPS) Comprehensive Strategy Cannabis Pilot Program Initiated in 2014 Central Valley Water Board Department of Fish and Wildlife Region 1 North Coast Water Board

4 PILOT PROGRAM BOUNDARIES

5 STATEWIDE REGIONAL BOUNDARIES

6 MEDICAL CANNABIS REGULATION & SAFETY ACT (SB 837) AND ADULT USE OF MARIJUANA ACT (PROP 64) CA State & Regional Water Boards CA Department of Fish & Wildlife Protection of Public Trust Resources CA Department of Food & Agriculture

7 IDENTIFYING THE ISSUES Unauthorized Water Diversions Illicit Grading & Site Development Activities Improper Storage, Use, and Disposal of Chemicals, Nutrients, Fertilizers, and Pesticides Untreated Domestic Wastes Threats to Wildlife Timber Conversion Public Safety

8 GRADING/ SITE DEVELOPMENT

9 TIMBER CLEARING/ CONVERSION

10 POOR ROAD DESIGN

11 EROSION & SEDIMENT DISCHARGE

12 IMPROPER STORAGE & DISPOSAL

13 UNAUTHORIZED DIVERSION & STORAGE

14 WATER BOARDS AUTHORITY: WATER QUALITY & WATER RIGHTS Sediment-laden storm water runoff from grading activities Unauthorized Water Diversions/Storage

15 9 REGIONAL WATER BOARDS Regulate California s water quality by: Setting water quality standards Issuing waste discharge requirements Determining compliance with those requirement Investigating unauthorized discharges to water of the state; Pursuing enforcement actions, as necessary. 15

16 DISCLAIMER The Water Board Orders do not authorize, endorse, sanction, permit or approve the cultivation, possession, use, sale or other activities associated with cannabis. Individuals engaging in cannabis cultivation and other activities risk prosecution under federal law.

17 STATE WATER BOARD- DIVISION OF WATER RIGHTS Regulates California s surface water rights by: Issuing permits, licenses, and registrations regulating water diversions; Maintaining records including Statements of Water Diversion & Use; Investigating unauthorized water diversion; Investigating waste & unreasonable use of water; Pursuing enforcement actions, as necessary.

18 PRINCIPLES AND GUIDELINES Developed by State Water Board in consultation with California Department of Fish and Wildlife For diversion and use of water for cannabis cultivation in areas where cultivation may have potential to substantially affect instream flows

19 CALIFORNIA DEPARTMENT OF FISH & WILDLIFE (CDFW) AUTHORITY FISH & GAME CODE 1802 : CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Pacific Fisher Foothill Yellow-legged Frog Vernal Pool Coho Salmon

20 CDFW & CANNABIS CULTIVATION FISH & GAME CODE: 1602 Requires an entity to notify CDFW for any project that may substantially divert, obstruct, or alter any any river, stream, or lake; or deposit/dispose of debris or waste into any river, stream or lake Prohibits the deposition of any substance or material that is deleterious to fish, plant, mammal, or bird life into, or where it may pass into, waters of the state Prohibits the deposition of refuse within, or where it may pass into waters of the state or within150 feet of the high water mark of waters of the state gives CDFW administrative authority to assess penalties (fines) for violations of the above codes in connection with cultivation of a controlled substance.

21 FISH & GAME CODE (FGC) SECTION 1602 FGC 1600 was first enacted in 1960 Persons conducting such operations in existence on the effective date were required to notify the Department before December 1, 1961 There are no grandfathered projects In 2004 FGC 1600 became known as 1602 and wardens no longer issued 1600/Lake or Streambed Alteration Agreements (LSAAs)

22 LAKE AND STREAMBED ALTERATION (LSA) PROGRAM Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that may do one or more of the following: Substantially divert or obstruct the natural flow of any river, stream, or lake; Substantially change or use any material from the bed, channel, or bank of any river, stream, or lake; or Deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake. * Jurisdiction extends to all rivers, streams, or lakes including those that are episodic (dry for a period of time) as well as those that are perennial (water year round).

23 LSA PROGRAM (Continued) Projects that may require notification and coverage under an LSA include: Water Diversions & Impoundments (Dams) Stream Crossing Construction Bank Stabilization/Armoring Gravel Extraction Riparian Vegetation Management In-Channel Maintenance Activities

24 CULTIVATION LICENSING REQUIREMENTS When applicable, an application for a cultivation license through CDFA will require the applicant to submit copy of either: A valid LSA Agreement issued by CDFW Written verification from CDFW that an agreement is not needed Per Business and Professions Code Section (f) every license for cultivation has to comply with FGC 1602.

25 WASTE DISCHARGE REGULATORY PROGRAMS Adopted in North Coast (Waiver) and Central Valley Regions (General Order) in Enrollment structured into 3 tiers based on water quality threat (size, slope, proximity to watercourses). Utilize discharge prohibitions, discharge specifications, and best management practices approach. Monitoring and reporting requirements for sites meeting certain threat thresholds. Exemptions for small sites (de-minimis threat). Over 1000 enrollments state-wide and growing.

26 Central Valley Water Board s General Order The General Order regulates the discharge of wastes from outdoor or mixed indoor/outdoor cannabis cultivation operations that occupy and/or disturb more than 1,000 square feet. The General Order does not authorize, endorse, sanction, permit, or approve the cultivation, use, or sale of cannabis. Provides primacy to local jurisdictions

27 General Order (Cont.) Uses Discharge Prohibitions, Discharge Specifications, and Best Management Practices to Reduce and Eliminate Waste Discharges from Medicinal Cannabis Cultivation Activities Discharge Prohibition: Hazardous Waste Discharge Specification: 100 from surface water Best Management Practices (BMPs) Manual: Erosion and Sediment Control Measures

28 Tiers De minimus: < 1,000 square feet Tier I (Low Threat): <30% Slopes, <1/4 Acre, AND >200 feet from aquatic life bearing water body Tier II (Moderate Threat): <30% Slopes, < 1 Acre, AND >200 feet from aquatic life bearing water body Tier III (Elevated Threat): >30% Slopes, > 1 Acre, OR <200 feet from aquatic life bearing water body

29 CEQA Compliance Timberland Conversion Permit from CALFIRE Local Permits (Grading, Building, Cultivation) Biological Site Assessment prepared by a qualified wildlife biologist Cultural Resources Inventory prepared by a qualified cultural resources professional Site Management Plan Potential need for other Water Quality Permits from Army Corps / CDFW / Water Board

30 Notice of Intent (NOI) & Notice of Applicability (NOA) Cultivator s/landowner s Name, Phone Number, Address, and the Assessor s Parcel Number Tier New or Existing Grow (As of October 2 nd, 2015) CEQA Compliance Compliance with local ordinances Annual Fee based on Tier/Threat to Water Quality Notice of Applicability

31 General Order Compliance Annual Fees Monitoring and Reporting for Tier 2 & 3 Pre Winter Implementation Monitoring Completed by November 1 st of each year Post Winter Effectiveness Monitoring Completed between April 1 st and June 15 th each year Submission of Annual Report by July 15 th each year Biological Site Assessment and Cultural Resources Inventory for Tier 2 & 3 Site Management Plan for Tier 3

32 Amendments Storage and Mixing Area Greenhouse Watering System Access Road Planters Cannabis Cultivation Activities Area Well Vegetated Buffer

33 TIER 1 OPERATION < 1/4 acre Gentle Slopes

34 TIER 2 OPERATION >1/4 acre, <1 acre Gentle Slopes

35 TIER 3 OPERATION Distance to Watercourse Steeper Slopes Combined Area >1 acre

36 WATER QUALITY REGULATION ENFORCEMENT AUTHORITY Cleanup & Abatement Order Water Code (WC) Administrative Civil Liability Complaint Discharges to waters of the State (WC 13350) $5,000 per day or $10 per gallon; Discharges to waters of the U.S. (WC 13385) $10,000 per day & $10 per gallon after first 1,000 gallons.

37 HOW BIG IS THE INDUSTRY? Quantifying the scope of cultivation through use of the Cannabis Identification and Prioritization System (CIPS). 37

38 CDFW & Water Boards have participated in numerous inspections in Northern CA Counties, including: Shasta, Tehama, Butte, Lassen, Humboldt, Trinity, & Mendocino; Documented many water rights & water quality violations; Issued formal enforcement orders requiring site clean up and seeking administrative liability; Significant voluntary compliance in response to inspections & CAOs; Substantial increase in Water Rights reporting and applications.

39 LESSONS LEARNED Enrollment is improved in counties requiring Regional Board permit. Great mechanism to promote general compliance. Deadlines have created high influx of applicants creating a bottle neck in processing due to Water Board staff s limited resources. Deadlines for site establishment may create greater environmental problems due to rush for development. Regional Board needs to work closely with counties and ag commissioners to prioritize and leverage resources.

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41 Yvonne West Senior Staff Counsel, State Water Board, Office of Enforcement PROGRAM CONTACTS Daniel Schultz Senior Environmental Scientist State Water Board, Division of Water Rights Griffin Perea Senior Engineering Geologist & Program Manager Cannabis Regulatory and Enforcement Unit Central Valley Water Board Tobi Freeny Senior Environmental Scientist (Specialist) Watershed Enforcement Team California Department of Fish and Wildlife Region 1 Regional Contact Information California Department of Fish and Wildlife Region 4, Fresno Daniel.Schultz@waterboards.ca.gov Griffin.Perea@waterboards.ca.gov Tobi.Freeny@wildlife.ca.gov E. Shaw Ave., Fresno, CA 93710

42 LINKS AND RESOURCES Central Valley Regional Water Quality Control Board Cannabis Program For general information regarding the cannabis program and information on the Central Valley Region s General Order and Notice of Intent, visit: State Water Resources Control Board For general information regarding the cannabis program, visit: California Department of Fish and Wildlife - Cannabis Program For general information regarding the cannabis program, visit: California Department of Fish and Wildlife LSA Program For general program information and notification forms, visit: