Paying for TMDL Compliance: The Calleguas Creek Example

Don Kendall, CMWDDon Kendall, CMWDAshli Desai, Larry Walker AssociatesAshli Desai, Larry Walker Associates

February 28February 28thth, 2007, 2007

Introduction

• Description of Calleguas Creek Watershed

• Motivation for developing TMDLs

• What’s involved with developing a TMDL

• Challenges and benefits

• Implementation

Map

StakeholderStakeholderCommitteeCommittee

Steering Steering CommitteeCommittee

Public Outreach /Public Outreach /EducationEducation

SubcommitteesSubcommittees

Water Resources /Water Resources /Water QualityWater Quality

Habitat / Habitat / RecreationRecreation

Land UseLand Use Flood Protection /Flood Protection /SedimentationSedimentation

AgricultureAgriculture

Calleguas Creek Watershed Management Plan

TMDLs in Los Angeles Region

• Consent Decree– EPA with Heal the Bay, NRDC, Santa Monica BayKeeper– 92 TMDLs for over 650 listings– Need to be developed by 2012

• Calleguas Creek has 7 TMDLs for 28 constituents– Salts -Nutrients– Toxicity -Metals– Bacteria -Sedimentation/Siltation– Organochlorine Pesticides and PCBs

Motivation for Developing Stakeholder-Led TMDLs

• Chloride TMDL– Lack of watershed understanding– Scientific deficiencies– Significant costs for implementation

• Calleguas Creek Watershed Management

Plan decided to become more active in

process

What’s Involved in Developing a Stakeholder-Led TMDL?

• Coordination with regulatory agencies– Communicate with staff at all levels– Find your ally– Build trust

• Coordination between stakeholders– Needs strong leadership– Decision maker’s involvement– Diverse stakeholder group

• Financial and time resources• Flexibility and patience for an evolving process

CCW Total Maximum Daily Load Process

Monitoring and Historic Data Compilation

Numeric Targets

Stakeholder Interaction

Develop Work Plans

RB/EPA Interaction

Source Assessment and Linkage Analysis

TMDL and Allocations

Implementation Plan

Nutrients

• Meetings with RWQCB not productive

• EPA not involved• Agriculture not very

involved• Lack of trust• TMDL rewritten by

RWQCB staff

OC Pesticide and Toxicity

• Strong watershed

participation-including

agriculture

• Regular productive

meetings with RWQCB

and EPA

• Evolving trust

Metals

• Most challenging TMDL to date

• Established process

• Established trust

• Successful in working through many difficult issues

Challenges

• Input from management at regulatory agencies– Hard to get decisions made and resolutions to

conflicts on timely basis

• Precedent– Targets, margin of safety, and POTW allocations

• Different approach– Requires adaptation of traditional process

Benefits

• Local knowledge incorporated into TMDL

• Alternative approaches can be explored

• Opportunities to gather and incorporate more

data and scientific knowledge

• Offensive instead of defensive approach

• TMDL is understandable and less contentious

• Builds relationships

• Implementation actions coordinated

Implementation Plan Development

• Goal of integrating all TMDL implementation actions– All TMDL implementation plans developed by

stakeholder group– Actions linked between TMDLs

• Combination of infrastructure changes, BMPs, SSOs, special studies, and TMDL reevaluation

• Implementation actions include consideration of other benefits and impacts

Urban Implementation Actions

• Receiving water allocations measured at downstream locations

• Implemented through NPDES Permits

• Driven by metals TMDL currently, but bacteria may result in more actions

• Water Quality Management Plan

• Outreach and Education Program

• Structural and non-structural BMPs

Possible BMPs – Urban

• Implement source control – Increase street sweeping to reduce vehicle sources – Implement outreach and collection program for pesticides and

mercury containing products– Institute and enforce architectural copper ban and water

conservation ordinance– Work with programs to reduce copper brake pad content – Implement controls on industrial and commercial sources– Review and potentially revise soil removal and fill activities

• Implement dry and wet weather structural controls– Evaluate new development program – Retrofit existing development to control wet and dry weather

runoff for metals

POTW Implementation

• Implemented in NPDES Permits as end-of-pipe

limits

• Actions driven by salts and nutrients TMDLs

• POTW allocations for Hill Canyon and Camarillo

WRP met through effluent reuse and reclamation

• Simi Valley developing site-specific objectives and

investigating groundwater treatment

• All POTWs nitrifying and denitrifying their effluent

Agricultural Implementation Actions

• Receiving water allocations measured at downstream locations

• Implemented through Conditional Waiver

• Driven by pesticide and sediment TMDLs

• Water Quality Management Plan

• Identification and implementation of BMPs– Structural and non-structural

• Outreach and education

Special Studies

• Natural source exclusions

• SSOs

• Sediment transport and impacts

• Identify high concentration areas of selenium, OC pesticides, and mercury

• Investigate alternatives for diazinon and chlorpyrifos

Implementation Cost Estimate-Metals

Source Possible Implementation ActionHigh Annual

CostLow Annual

Cost

POTWsElimination of Discharge $980,000

Total estimated costs $980,000

Urban

Urban Water Quality Manag. Plan $500,000 $200,000

Structural & Non-Structural BMPs $37,520,000 $1,270,000

Total estimated costs $38,020,000 $1,470,000

Agriculture

Ag Water Quality Manag. Plan $700,000

Structural & Non-Structural BMPs $8,500,000 $581,000

Total estimated costs $9,200,000 $1,281,000

Calleguas Creek Watershed TMDLs Monitoring

Goals• Determine Compliance• Identify Causes of Toxicity• Generate Land Use Runoff Data• Evaluate Effectiveness of Implementation Actions

Approach• All Listed Constituents and Toxicity• Water Column, Sediment, and Fish Tissue Monitoring• Receiving Water Stations in Key Locations

– Additional Stations may be needed• Land Use Monitoring Stations• Annual Report w/ Revisions to Approach

Implementation Actions Underway

• Coordinated TMDL monitoring program development and implementation

• Agricultural BMP effectiveness studies and outreach

• EIR and planning for POTW diversion project

• Construction of salinity management pipeline

Keys to Success of Stakeholder-Led TMDL Development and Implementation

• Strong leadership and commitment in a diverse stakeholder group– Initiative and funding

• Strong, committed and consistent regulatory staff

• Develop trust• Identify coordinated implementation

actions with multiple benefits• Recognize it as a process

Who Pays

•POTW’s

•Agriculture

•Water District

How

• Sewer Rates

• Water Rates

• $ per acre of irrigated land

• PAYGO and Debt Service