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§ 3969.1. Prohibition of Discharges of Wastewater into the Ground from Septic Systems in the To...

23 CA ADC § 3969.1Barclays Official California Code of RegulationsEffective: December 5, 2022

Barclays California Code of Regulations
Title 23. Waters
Division 4. Regional Water Quality Control Boards
Chapter 1. Water Quality Control Plans, Policies, and Guidelines
Article 7. Colorado River Basin Region
Effective: December 5, 2022
23 CCR § 3969.1
§ 3969.1. Prohibition of Discharges of Wastewater into the Ground from Septic Systems in the Town of Yucca Valley.
Currentness
(a) On May 19, 2011, the Regional Water Quality Control Board, Colorado River Basin Region, adopted Resolution No. R7-2011-0004, amending the Water Quality Control Plan for the Colorado River Basin Region. The State Water Resources Control Board approved the amendment under Resolution No. 2011-0054, on November 1, 2011.
(b) Resolution No. R7-2011-0004 prohibits the discharge of wastewater from new or existing individual disposal systems on parcels within Phases 1, 2, and 3 of the Hi-Desert Water District (HDWD) Sewer Master Plan (Final Report, January 2007) no later than May 19, 2016, May 19, 2019, and May 19, 2022, respectively, or when a municipal sewage collection system becomes available, whichever occurs first. The prohibition allows the Colorado River Basin Water Board to consider and grant exemptions on a case-by-case basis, pursuant to exemption applications submitted to the Executive Officer. Exemptions granted must be based upon the weight of evidence demonstrating unique technical, environmental, or economic conditions that would make connection to the collection system or installation of an on-site advanced treatment and disposal system technically impracticable or economically excessively burdensome.
(c) On March 10, 2016, the Regional Water Quality Control Board, Colorado River Basin Region adopted Resolution No. R7-2016-0001 revising the prohibition adopted in Resolution No. R7-2011-0004. The State Water Resources Control Board approved these revisions under Resolution No. 2016-0050 on September 20, 2016. Resolution No. R7-2016-0001 revises the prohibition as follows:
(1) Extends the Phase 1 compliance deadline from May 19, 2016, to June 30, 2021;
(2) Consolidates and extends the Phase 2 and Phase 3 compliance deadlines of May 19, 2019, and May 19, 2021, respectively, into a single deadline of December 31, 2025;
(3) Revises the internal boundaries for Phases 1, 2, and 3 to coincide with the construction of the HDWD's sewage collection system;
(4) Incorporates criteria for addressing “deferred parcels,” which are properties that do not generate sufficient wastewater to ensure proper operation of a sewage collection system;
(5) Establishes monitoring and reporting requirements to collect information on deferred parcels; and
(6) Eliminates outdated and unnecessary language.
(d) On June 15, 2021, the Regional Water Quality Control Board, Colorado River Basin Region adopted Resolution No. R7-2021-0028 revising the prohibition adopted in Resolution No. R7-2011-0004 and first revised in Resolution R7-2016-0001. The State Water Resources Control Board approved these revisions under Resolution 2021-0051 on December 7, 2021. Resolution R7-2021-0028 revises the prohibition as follows:
(1) Consolidates Phases 2 and 3 into a single phase (Phase 2);
(2) Extends the Phase 1 deadline from June 30, 2021 to December 31, 2023;
(3) Depending whether the western Joshua tree is listed as “threatened or endangered,” extends the Phase 2 deadline from December 31, 2025 to December 31, 2028 (if not listed) or December 31, 2031 (if listed);
(4) Adds deferred parcels with a net increase of 625 parcels;
(5) Provides a 180-day compliance period after the collection system becomes available when the dischargers need to connect;
(6) Adds compliance date extensions for parcels with recently-installed Onsite Wastewater Treatment Systems (OWTS);
(7) Adds a connection criterion for deferred parcels that will require HDWD to construct a collection system for any deferred parcels that remain 15 years after their phase deadline;
(8) Requires Advanced Treatment Units (ATU) for new and replacement OWTS on exempt parcels;
(9) Revises reporting requirements to require additional information in less-frequent reports;
(10) Provides an updated map showing revised phases and deferred parcels; and
(11) Revises the language for clarity, accuracy, and consistency.

Credits

History
1. New section summarizing amendment to basin plan filed 4-9-2012; amendment approved by State Water Resources Control Board Resolution No. 2011-0054 on 11-1-2011; amendment approved by OAL pursuant to Government Code section 11353 on 4-9-2012 (Register 2012, No. 15).
2. Amendments to section summarizing amendments to basin plan filed 1-30-2017; amendments approved by State Water Resources Control Board Resolution No. 2016-0050 on 9-20-2016; amendments approved by OAL pursuant to Government Code section 11353 on 1-30-2017 (Register 2017, No. 5).
3. Amendment of section summarizing amendments to basin plan filed 12-5-2022; amendments approved by State Water Resources Control Board Resolution No. 2021-0051 on 12-7-2021; amendments approved by OAL pursuant to Government Code section 11353 on 12-5-2022 (Register 2022, No. 49).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 23, § 3969.1, 23 CA ADC § 3969.1
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