§ 3939.21. Tmdl for Toxic Pollutants in Marina Del Rey Harbor.  


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  • 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 establishes a Total Maximum Daily Load (TMDL) to reduce toxic pollutants in Marina del Rey Harbor. The TMDL: (1) sets numeric targets for sediments based on Effects Range-Low sediment quality guidelines (ERLs) compiled by the National Oceanic and Atmospheric Administration; (2) sets numeric water quality and fish tissue targets based on standards established by the California Toxics Rule (CTR), for the protection of human health; (3) establishes a loading capacity to meet numeric targets for sediment based on the average annual total suspended solids loading to the harbor; and (4) allocates the loading capacities among point and nonpoint sources of toxic pollutants, with the majority of the capacity allocated to storm water sources.
    The TMDL identifies the Los Angles County municipal storm water National Pollutant Discharge Elimination System (NPDES) permit, the Caltrans 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 7 years and 9 years of the effective date of the TMDL, respectively. The TMDL requires the municipal and Caltrans storm water permittees to achieve waste load allocations for sediment in prescribed percentages of the watershed, achieving allocations in the entire watershed within 10 years. However, if an integrated resources approach is used, this deadline may be extended up to 5 years - pursuant to Regional Water Board approval.
    The TMDL requires the municipal and Caltrans storm water permittees to submit a coordinated monitoring plan within one year of the effective date of the TMDL and an implementation plan within 5 1/2 years of the effective date of the TMDL. The monitoring plan must include bioaccumulation testing of fish tissue, and sediment toxicity testing. The TMDL allows for special studies, which are due within five years of the effective date of the TMDL, to refine source assessments, provide better estimates of loading capacity, and optimize implementation efforts. The TMDL specifies that within 6 months of the effective date of the State Water Resources Control Board (State Water Board) adopted sediment quality objectives and implementation policy, the Regional Water Board will reassess the numeric targets and waste load allocations for consistency with the State Water Board adopted sediment quality objectives. The TMDL also specifies that within six years of its effective date, the Regional Water Board shall reconsider the waste load allocations and implementation schedule based on the results of special studies.
    With regard to existing sediment contamination by toxic pollutants, the TMDL also stipulates that the Executive Officer shall issue appropriate investigatory and clean up and abatement orders to address toxicity hotspots within sediments identified as a result of any investigation.
HISTORY
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).