4.9 Hydrology and Water Quality
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4.9 HYDROLOGY AND WATER QUALITY This section describes the regulations pertaining to, and the existing conditions of, surface water, groundwater, water quality, and water supply existing within the planning area, and an evaluation of impacts associated with implementation of the Draft General Plan. 4.9.1 REGULATORY SETTING FEDERAL PLANS, POLICIES, REGULATIONS, AND LAWS Clean Water Act The Clean Water Act of 1972 (CWA) is the primary federal law that governs and authorizes water quality control activities by the U.S. Environmental Protection Agency (EPA), the lead federal agency responsible for water quality management. By establishing water quality standards, issuing permits, monitoring discharges, and managing polluted runoff, the CWA seeks to restore and maintain the chemical, physical, and biological integrity of surface waters to support “the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water.” EPA is the federal agency with primary authority for implementing regulations adopted pursuant to CWA, and has delegated the state of California as the authority to implement and oversee most of the programs authorized or adopted for CWA compliance through the Porter-Cologne Water Quality Control Act of 1969 described below. Water Quality Criteria and Standards EPA has published water quality regulations under Volume 40 of the Code of Federal Regulations (40 CFR). Section 303 of the CWA requires states to adopt water quality standards for all surface waters of the United States. As defined by the CWA, water quality standards consist of two elements: (1) designated beneficial uses of the water body in question and (2) criteria that protect the designated uses. Section 304(a) requires EPA to publish advisory water quality criteria that accurately reflect the latest scientific knowledge on the kind and extent of all effects on health and welfare that may be expected from the presence of pollutants in water. Where multiple uses exist, water quality standards must protect the most sensitive use. Section 303(d) mandates the creation of a list of waterbodies and associated pollutants that exceed water quality criteria. National Pollutant Discharge Elimination System Permit Program The National Pollutant Discharge Elimination System (NPDES) permit program was established to regulate municipal and industrial discharges to surface waters of the United States. Federal NPDES permit regulations have been established for broad categories of discharges including point source municipal waste discharges and nonpoint source stormwater runoff. NPDES permits generally identify effluent and receiving water limits on allowable concentrations and/or mass emissions of pollutants contained in the discharge; prohibitions on discharges not specifically allowed under the permit; and provisions that describe required actions by the discharger, including industrial pretreatment, pollution prevention, self-monitoring, and other activities. More specifically, the discharge prohibitions and limitations in an NPDES permit for wastewater treatment plants are designed to ensure the maintenance of public health and safety, protection of receiving water resources, and safeguarding of the designated beneficial uses. Discharge limitations typically define allowable effluent quantities for flow, biochemical oxygen demand (BOD), total suspended matter, residual chlorine, settleable matter, total coliform, oil and grease, pH, and toxic pollutants. Limitations also typically encompass narrative requirements regarding mineralization and toxicity to aquatic life. In November 1990, the EPA published regulations establishing NPDES permit requirements for municipal and industrial stormwater discharges. Phase I of the permitting program applied to municipal discharges of stormwater Amador County General Plan FEIR AECOM County of Amador 4.9-1 Hydrology and Water Quality in urban areas where the population exceeded 100,000 persons. Phase I also applied to stormwater discharges from a large variety of industrial activities including general construction activity if the project would disturb greater than 5 acres. Amador County is subject to the requirements of Phase II of the NPDES stormwater permit regulations, which became effective in March 2003 and required NPDES permits be issued for construction activity for projects that disturb between 1 and 5 acres. Phase II of the municipal permit system (i.e., known as the NPDES General Permit for Small MS4s) required small municipality areas of less than 100,000 persons to develop stormwater management programs. The Regional Water Quality Control Boards (RWQCBs) in California are responsible for implementing the NPDES permit system (refer to additional details in the section “State Plans, Policies, Regulations, and Laws” below). Section 401 Water Quality Certification or Waiver Section 404 of the Federal Clean Water Act (CWA) requires a project proponent to obtain a permit from the U.S. Army Corps of Engineers (USACE) before engaging in any activity that involves any discharge of dredged or fill material into waters of the U.S., including wetlands. Fill material, waters of the U.S., and wetlands are defined as follows: ► Fill material is material placed in Waters of the U.S. where the material has the effect of replacing any portion of a water of the United States with dry land, or of changing the bottom elevation of any portion of a water of the United States. ► Waters of the U.S. consist of navigable waters of the U.S.; interstate waters; all other waters where the use, degradation, or destruction of the waters could affect interstate or foreign commerce; tributaries to any of these waters; and wetlands adjacent to these waters. ► Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Under Any applicant for a Section 4041 permit must obtain a Section 401 Water Quality Certification under Section 401 of the CWA, an applicant for a Section 404 permit (to discharge dredged or fill material into waters of the United States) must first obtain a certificate from the appropriate Sstate agency stating that the fill is consistent with the state’s water quality standards and criteria. In California, the authority to either grant water quality certification or waive the requirements is delegated by the State Water Resources Control Board (SWRCB) to the nine regional boards. Activities associated with the proposed project that would require a permit under Section 404 of the CWA would also require Water Quality Certification under Section 401 of the CWA. Federal Antidegradation Policy The federal antidegradation policy is designed to protect existing uses and water quality and national water resources. The federal policy directs states to adopt a statewide policy that includes the following primary provisions: (1) existing in-stream uses and the water quality necessary to protect those uses shall be maintained and protected; (2) where existing water quality is better than necessary to support fishing and swimming conditions, that quality shall be maintained and protected unless the state finds that allowing lower water quality is necessary for important local economic or social development; and (3) where high-quality waters constitute an outstanding national resource, such as waters of national and state parks, wildlife refuges, and waters of exceptional recreational or ecological significance, that water quality shall be maintained and protected. Safe Drinking Water Act Under the Safe Drinking Water Act (Public Law 93-523), EPA regulates contaminants of concern to domestic water supply. Contaminants of concern relevant to domestic water supply are defined as those that pose a public health threat or that alter the aesthetic acceptability of the water. These types of contaminants are regulated by AECOM Amador County General Plan FEIR Hydrology and Water Quality 4.9-2 County of Amador EPA’s primary and secondary maximum contaminant levels (MCLs), which are applicable to treated water supplies delivered to the distribution system. MCLs and the process for setting these standards are reviewed triennially. Amendments to the Safe Drinking Water Act established an accelerated schedule for setting MCLs for drinking water. EPA has delegated to the California Department of Public Health (CDPH) the responsibility for administering California’s drinking-water program. CDPH is accountable to EPA for program implementation and for adopting standards and regulations that are at least as stringent as those developed by EPA. The applicable state primary and secondary MCLs are set forth in Title 22, Division 4, Chapter 15, Article 4 of the California Code of Regulations, and described in “Title 22 Standards” below. Section 303(d) Impaired Waters List Under Section 303(d) of the CWA, states are required to develop lists of water bodies that would not attain water quality objectives after implementation of required levels of treatment by point source dischargers (municipalities and industries). Section 303(d) requires that the state develop a total maximum daily load (TMDL) for each of the listed pollutants. The TMDL is the amount of loading that the water body can receive and still be in compliance with water quality objectives. The TMDL is also a plan to reduce loading of a specific pollutant from various