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§ 3939.22. Basin Plan Amendment to Revise the Early Life Stage Implementation Provision of the ...

23 CA ADC § 3939.22BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 4. Regional Water Quality Control Boards
Chapter 1. Water Quality Control Plans, Policies, and Guidelines
Article 4. los Angeles Region
23 CCR § 3939.22
§ 3939.22. Basin Plan Amendment to Revise the Early Life Stage Implementation Provision of the Inland Surface Water Ammonia Objectives for Freshwater.
(a) On December 1, 2005 the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. 2005-014, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revises Chapter 3 “Water Quality Objectives” to revise the Early Life Stage (ELS) implementation provision of the inland surface water ammonia objectives for freshwater. This amendment applies the “ELS absent” 30-day average objective in major water bodies that do not have fish species that reproduce below 15 degrees Celsius. It is below 15 degrees Celsius that the objective varies on the basis of the presence or absence of ELS. The amendment also applies the “ELS absent” provision where physical conditions preclude reproduction and early development in significant numbers (even where fish species that reproduce below 15 degrees Celsius are present). The amendment applies the “ELS present” 30-day average objective to all other water bodies.
Early life stages of fish are presumptively present and must be protected at all times of the year, unless the water body is listed in the table titled, “Water Bodies Subject to 30-day Average Objective Applicable to ‘ELS absent’ Condition” in the Basin Plan or unless a site-specific study justifies applying the ELS absent condition or a seasonal ELS present condition. Any change in the implementation provision for the ELS present/absent condition, including the assignment of water bodies, must be approved through the Basin Plan amendment process.
If recent data and information are submitted to the Los Angeles Water Board that provide clear and convincing substantial evidence that the physical conditions of a water body listed in the table have changed due to restoration efforts such that the water body is “ELS present,” the Los Angeles Water Board shall reconsider this implementation provision to ensure protection of ELS of fish in the water body.
To justify the ELS absent provision, information must be presented regarding fish species distributions, spawning periods, nursery periods, and the duration of ELS found in the water body. Expert opinions from fisheries biologists and other scientists will be considered. Where it can be obtained, a consensus opinion from a diverse body of experts would carry significant weight in determining the presence or absence of the ELS. Information on water body temperature, including spatial, seasonal, and inter-annual variability will also be considered. The determination of when ELS are most likely not to be present under chronic toxic conditions that would affect the long-term success of the fish populations should include adequate scientific justification. The Los Angeles Water Board shall use the record supporting a Basin Plan amendment as the basis upon which to approve or disapprove changes to these implementation provisions for the 30-day average ammonia objective. The Los Angeles Water Board shall ensure that the record clearly explains all the factors and information considered in arriving at the determination. The Los Angeles Water Board shall consider and weigh the breadth and depth of scientific evidence in determining whether to remove the ELS specification of a water body.
Where there is a site-specific ammonia objective for the water body and the water body is not identified as ELS absent due to physical characteristics of the water body, separate implementation provisions to protect ELS of fish may apply, since the temperature threshold at which ELS are more sensitive than invertebrates may change based on these site-specific conditions. The potential for seasonality for all ELS present water bodies will be considered before the ELS provision is applied to water bodies with a site-specific objective.
Notwithstanding anything to the contrary herein, a watershed may have some reaches and tributaries with ELS present conditions and others with ELS absent conditions. Implementation actions to achieve applicable ammonia objectives must implement downstream objectives.
(b) Through Regional Water Board Resolution No. R4-2007-005, adopted June 7, 2007, the Los Angeles Regional Water Quality Control Board amended the Water Quality Control Plan for the Los Angeles Region (Basin Plan). On January 15, 2008, the State Water Resources Control Board approved this amendment under State Board Resolution No. 2008-0004. This amendment incorporates site-specific 30-day average ammonia objectives and corresponding site-specific early life stage implementation provisions to replace the previously applicable regional 30-day average objective for the affected water body reaches. This amendment will not change the regional one-hour average ammonia objective for these water bodies.
HISTORY
1. New section summarizing amendment to basin plan filed 8-31-2006; amendment approved by State Water Resources Control Board Resolution No. 2005-014 on 7-19-2006; amendment approved by OAL pursuant to Government Code section 11353 on 8-31-2006 (Register 2006, No. 35).
2. New subsection (b) summarizing amendment to basin plan filed 5-12-2008; amendment approved by State Water Resources Control Board Resolution No. 2008-0004 on 1-15-2008; amendment approved by OAL pursuant to Government Code section 11353 on 5-12-2008 (Register 2008, No. 20).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 3939.22, 23 CA ADC § 3939.22
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