Ag exemption from Clean Water Act removed in CA through Porter ‐ Cologne Ag regulated as a non ‐ point source First Ag Order brought together all stakeholders to develop regulations Five year Ag Order started 2004 Cooperative monitoring and reporting Formation of Preservation, Inc. Baseline data for eight years collected
Second Renewal Community Pressure Available Data Groundwater Element
Tier ‐ based classifications for all ‘farms’ <50 acres in lowest tier, >500 most onerous tier Farms within 1,000’ of impaired water body or public water supply system well 30’ vegetated buffer from water body (Impermeable) retention ponds High nitrate load crops impacted most On ‐ farm monitoring of wells and runoff Conflicts with Food Safety agreements
Buffers along all impaired water bodies Water sampling for wells/water sources and tailwater exit points Groundwater percolation and recharge restrictions Targets crops using Chlorpyfiros and Diazinon Not always complimentary to other agency requirements
Riparian buffers extended along all water bodies in addition to 300’ buffer for food safety – potential conflicts with LGMA and ‘super metrics’ On farm monitoring for fecal coliform in all water, including stormwater runoff Bare soils erosion during storm events Habitat areas conflict with access/control Possible ban on rodent bait stations
Complete reduction of nitrate loads in groundwater within 5 years Stormwater monitoring with possible retention during severe storm events Possible return of salt water intrusion due to restricted groundwater recharge Restrictions on crop protection tools Surface Water CMP continues as before
Chlorpyrofos or Diazinon are NOT used Farm is located > 1000’ for surface water body listed for toxicity Farm that grows high nitrogen demand crop cannot be > 50 acres OR S.I.P. Certified
Farms grow high nitrogen demand crop on > 500 contiguous acres Chlorpyrifos or Diazinon are applied and irrigation water discharges into water body listed for toxicity or pesticides Located within 1000’ of impaired water body
Farm does not fall into Tier 1 or Tier 3 criteria Applies Chlorpyrofos or Diazinon with discharges to impaired water body Grows high nitrogen demand crop over 50 acres within 1000’ of public water supply system that exceeds nitrate standards
Not cause or contribute to exceedences of water quality velocity, and hold fine participles in place standards Minimize bare soil areas vulnerable to erosion and sediment Implement, update, or improve management practices runoff Comply with Total Daily Maximum Load (TMDL) requirements Implement erosion control, sediment and stormwater management practices in non ‐ cropped areas Shall not discharge fertilizer, fumigants, or pesticides down a well casing Comply with stormwater permits Shall not discharge chemicals used to control wildlife directly Maintain existing, naturally occurring riparian vegetative cover into surface waters of the State Mitigate impacts on aquatic habitats Shall not discharge Ag rubbish, refuse, irrigation tubing or tape Develop a Farm Water Quality Plan into surface waters of the State Obtain education and technical assistance Functional and properly maintained backflow device on each If requested, consent to inspections by CCRWQCB staff well or pump Pay annual fee to SWRCB Properly destroy all abandoned wells Pay cooperative monitoring program fees Construct and maintain water containment structures to File and update NOI annually: minimize percolation of waste water and contaminates to ◦ groundwater Identify tier for each (new) farm ◦ Implement proper handling, storage, disposal, and management Change tiers of farms where C&D are used of Ag chemicals ◦ Provide information regarding farm wells Compliance with DPR groundwater protection requirements ◦ Sign under ‘penalty of perjury’ statement Prevent erosion, reduce stormwater runoff quantity and
Submit Annual Compliance Form Photo monitor riparian areas if farm is located next to impaired water body Determine and report nitrogen loading risk factors and overall nitrate loading risk level If high nitrogen loading risk: ◦ Record and report total nitrogen applied by crop, and determine nitrogen uptake
Initiate surface water monitoring representing 80% of discharges for tailwater, tile drain discharges, and in ‐ flows to retention ponds (10/13) Report monitoring results (10/14) OR Participate in alternative (cooperative) monitoring and reporting program approved by CCRWQCB
Report total nitrogen applied by acre per farm (10/14) Determine crop nitrogen update (10/15) Submit Irrigation and Nutrient Management Plan (INMP), including nitrogen balance ratios, along with progress toward achieving ratios(10/15) Submit INMP Effectiveness Report with nitrogen balance ratios (10/16)
Submit Annual Compliance Form Create an individual monitoring QAPP (3/13) Develop Water Quality Buffer Plan (WQBP) (10/16) Submit WQBP with Annual Compliance Form (10/16) Implement WQBP upon submittal to CCRWQCB
Pesticide and toxic discharges: 100% of samples must not be toxic by 10/15 Sediment and turbitity: 75% load reduction by 10/15 Nutrients and surface waters: 50% load reduction by 10/15 and 75% load reduction by 10/16 Nitrates to groundwater: achieve nitrogen balance ratios by 10/16
Photo monitoring of riparian areas Practice effectiveness and compliance Containment structure percolation Nitrate loading risk factors Crop nitrogen uptake ratios Delayed: backflow prevention device installation (3/13) Delayed: Annual Compliance Form (12/12)
Expecting Decision in June 2013
Requires implementation of management practices Requires compliance with water quality standards according to time schedules Requires surface and groundwater monitoring Requires submittal of NOI Requires Farm Plan Still subject to inspection & enforcement
Must complete Auditable Farm Plan template Must complete Nutrient Management Plan template Must conduct representative soil sample All Subject to Independent Audit High Risk Subject to Practice Effectiveness Evaluation Program Removal from third ‐ party for failure to comply
Participants must prepare and submit nutrient management plan for TAC to assess individual nutrient management practices Participants must take one representative soil sample from each farm/ranch, submit to third ‐ party and TAC, to be used to prioritize farms for Practice Effectiveness Evaluation Program
Annual Summary of Independent Audit Results Annual Risk Self ‐ Assessment Summary Annual Summary of Farm Water Quality Plans Annual list of Dischargers in good standing & those that are not Practice Effectiveness Evaluation Summary, which summarizes practices necessary to ensure compliance with water quality standards
All participating farms subject to independent audit within term of the Order Highest risk farms subject to audits first Highest risk farms subject to Practice Effectiveness Evaluation first Compliance with surface and ground water standards same as with others (5 years and 10 years)
Provides for actual review of all Participating operations v. 1) random RWQCB inspections Requires implementation of management practices to be in 2) 3 rd Party Group v. paper reporting to RWQCB Provides assistance & resources to operations that need 3) assistance v. immediate enforcement action 3 rd Party Group likely to have more credibility with 4) Participants v. RWQCB as the regulator Outcome is water quality improvement v. prescriptive 5) regulatory program
• Data Security for the Long Term • An Accurate Characterization of the Aquifers • Science ‐ Based, Consistent, Aggregated Reporting
Cooperative Monitoring: • Elect Cooperative Groundwater Monitoring on NOI by August 1, 2012 • GSA/MCFB/SCzFB/SClFB/SBFB/WG Other Partners Submit Monitoring Proposal by March 15, 2013 • If the proposal is not accepted by CCRWQCB, or if the proposal is not submitted due to infeasibility, there is no penalty to those grower who selected this option; the groundwater monitoring requirement will begin with individual sampling in October 2013 and March 2014, with first results reportable in October 2014.
• For Tiers 2 & 3, Well Data still a part of Annual Compliance Form • Equal to or Less than Individual Cost
• An Accurate Characterization of the Aquifers • Science ‐ Based, Consistent, Aggregated Reporting that we can reference • Scientifically defensible data in the long term
Identify and Coordinate Technical Information Needs. Create a groundwater cooperative monitoring program, with the following incorporated: Assist the stakeholders in identifying gaps in information, agree on the methods for obtaining it and jointly select the individuals or agencies that will provide data and analysis. Look to other programs in development in the Central Valley to determine additional opportunities, ideas.
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