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Regional Board’s Racist Equity Resolution December 2022

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The following is the Central California Regional Waste Water Control Board’s resolution condemning racism by proclaiming the racism of Racial Equity. This is from the Thursday December 8th agenda. Proceedings to begin at 1:00 pm. Click here for a link.

 

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION

RESOLUTION R5-_________

AFFIRMING THE CENTRAL VALLEY WATER BOARD’S COMMITMENT TO STATE

WATER BOARD RESOLUTION NO. 2021-0050 (RESOLUTION CONDEMNING

RACISM, XENOPHOBIA, BIGOTRY AND RACIAL INJUSTICE AND

STRENGTHENING COMMITMENT TO RACIAL EQUITY, DIVERSITY, INCLUSION,

ACCESS, AND ANTI-RACISM), AND ESTABLISHING WATER QUALITY PROGRAM

GOALS IN SUPPORT OF RACIAL EQUITY

 

WHEREAS, the California Regional Water Quality Control Board, Central Valley Region

(Central Valley Water Board or Board) finds that:

Affirmation of the Central Valley Water Board’s History and of State Water Board

Resolution No. 2021-0050

  1. The Central Valley Water Board’s jurisdiction includes the most productive

agricultural lands in the world, several of the fastest growing communities in the

Western United States, and growing agricultural, manufacturing, pharmaceutical,

and information technology industries. However, the bounty of the Central Valley has

never been equitably shared by the communities that have contributed to the valley’s

wealth and prosperity.

  1. The Central Valley of California has a legacy stained by a history of racially

exclusive policies, xenophobia, bigotry, and racial injustice. To this day, race

predicts the availability of safe drinking water and the collection, treatment, and

reuse of wastewater. To progress towards a future where race can no longer be

used to predict life outcomes, the Central Valley Water Board must acknowledge

that the Board itself, and the authority that it wields, was established over a

structural framework that perpetuated inequities based on race.

  1. Since 2012, California law (Wat. Code, § 106.3) has declared that every person in

the state has a right to clean, safe, and affordable drinking water. Ensuring that

every person in California has access to clean, safe, and affordable drinking water

requires first acknowledging that many of California’s most critical current water

quality problems find their roots in policies that intentionally disadvantage

communities of color, including a historic lack of investment in drinking water and

wastewater infrastructure within these communities.

  1. The Water Boards are a member of the Government Alliance on Race and Equity

(GARE) and have adopted its definition of racial equity: racial equity occurs when

race can no longer be used to predict life outcomes, and outcomes for all groups are

improved. Because race intersects with many, if not all, other marginalized identities,

prioritizing and addressing racial inequities improves outcomes for all marginalized

communities.

  1. Public Resources Code section 30107.3 defines environmental justice as, “the fair

treatment and meaningful involvement of people of all races, cultures, incomes, and

national origins, with respect to the development, adoption, implementation, and

enforcement of environmental laws, regulations, and policies.” Similarly, the United

States Environmental Protection Agency defines environmental justice as, “the fair

treatment and meaningful involvement of all people regardless of race, color,

national origin, or income, with respect to the development, implementation, and

enforcement of environmental laws, regulations, and policies. This goal will be

achieved when everyone enjoys the same degree of protection from environmental

and health hazards, and equal access to the decision-making process to have a

healthy environment in which to live, learn, and work.” As used within this document,

environmental justice communities are those communities that have historically

received disparate treatment in the development, implementation, and enforcement

of environmental laws, regulations, and policies based on the race, culture, income,

or national origin of the people living within those communities.

  1. In fall 2020, the State Water Board established a Racial Equity Team, which was

directed to establish a foundation of internal and external engagement that values

listening and collaboration to drive action, draft a resolution on racial equity to be

considered for adoption by the State Water Board, and to develop a subsequent

racial equity action plan to implement the resolution and drive the Water Boards’

efforts to institutionalize racial equity. Central Valley Water Board staff have served

as members of the Racial Equity Working Group since it was established and

continue to be active participants.

  1. On November 16, 2021, the State Water Board adopted Resolution No. 2021-0050,

Condemning Racism, Xenophobia, Bigotry, and Racial Injustice and Strengthening

Commitment to Racial Equity, Diversity, Inclusion, Access, and Anti-Racism (State

Water Board Resolution). The State Water Board Resolution acknowledged the role

racism has played in creating inequities in affordability and access to clean and safe

water, committed to advancing racial equity within the Water Boards and the

communities they serve, directed its staff to develop a racial equity action plan, and

encouraged the nine Regional Water Quality Control Boards to adopt similar

resolutions.

  1. The Central Valley Water Board, in adopting this Resolution, affirms and endorses

the State Water Board Resolution in its entirety. The Central Valley Water Board

stands with the State Water Board and other Regional Boards and state agencies in

accepting responsibility for confronting structural and institutional racism and

advancing racial equity. This is an obligation shared by all staff, managers, the

Board’s Executive Team, and the Board members themselves.

Description of Portfolio Management Process and

Rationale for Establishing Racial Equity Goals

  1. Following the State Water Board’s adoption of the State Racial Equity Resolution,

the Central Valley Water Board’s Executive Officer convened a Racial Equity

Resolution Team composed of staff and managers drawn from throughout the

Region who expressed an interest in participating in this effort. The regional

resolution was jointly developed by the Racial Equity Resolution Team, executive

management, and the Board’s Program Managers.

10.The Central Valley Water Board has established a Portfolio Management

Framework to create a transparent process where each of the Board’s 19 water

quality programs establish program priorities, allocate limited resources, and ensure

accountability for core work and special projects. The Portfolio Management

Framework specifies roles for the Board’s Executive Management Group, Program

Managers, Senior and Supervisory Managers, and Staff. Under the framework, each

of the water quality programs develops annual workplans based off the State’s fiscal

year (starting July 1), and program priorities are set in a public forum in the

preceding December. The goals set forth in this resolution will be incorporated into

the water quality program annual workplans for FY 22/23 and beyond.

11.The Board will help ensure accountability for the goals set forth in this resolution by

convening a Racial Equity Accountability Team that will periodically meet with the

Board’s Program Managers to assess progress in achieving the Board’s Racial

Equity goals.

12.In October of 2021, the Central Valley Water Board completed a Strategic Plan that

established four strategic objectives that would apply to all the Board’s Programs.

Two of those objectives specified strategies for enhanced engagement with

underserved and underrepresented communities and internal process improvements

to achieve greater efficiency, higher employee engagement, and racial equity. The

Board hereby finds that this resolution is consistent with the strategic objectives

developed and established as part of the Central Valley Water Board’s Strategic

Plan.

13.The goals developed and described herein are intended to be “SMARTIE” goals,

which are goals that are Strategic, Measurable, Achievable, Realistic, Time-bound,

Inclusive, and Equitable.

14.During the pendency of the development of this Resolution, a package of legislative

changes was signed by Governor Newsom creating new obligations to advance

racial equity goals at the State Water Board and at the Regional Boards. Among the

changes brought about by the new legislation, in particular AB 2108, were changes

to the Water Code that require the Boards to conduct “equitable, culturally relevant

community outreach to promote meaningful civil engagement from potentially

impacted communities” for “board planning, policy, and permitting processes.” In

addition, the Water Code now requires Basin Planning activities, Regional Permits,

and Permits that have associated time schedules must include findings “on potential

environmental justice, tribal impacts, and racial equity considerations.” Several of the

Board’s programs will be aligning their resources to meet these obligations.

15.In addition to using translation services provided by the Office of Public Participation,

culturally relevant community outreach can be enhanced when administrative and

technical staff at the Central Valley Water Board are certified in languages spoken

by community members. As the Board strives to conduct engagement that provides

communities with meaningful opportunities to participate in the decisions that will

affect them, the Board will seek opportunities to prioritize multi-lingual proficiencies

at all levels of our organization.

Racial Equity Goals for Water Quality Programs

16.The Central Valley Water Board Permitting Programs:

  1. NPDES Program: The Clean Water Act’s National Pollution Discharge

Elimination System (NPDES) program is a federal program delegated to the

State of California. This program protects beneficial uses by regulating point

source discharges of pollutants to surface waters. Staff resources for the NPDES

Program (25.7 PYs1

) is allocated for permitting (15.4 PYs),

compliance/enforcement (7.8 PYs), and management/support (2.5 PYs).

Racial Equity Goal: The Program will develop a process to broaden contact with

tribal groups when sending out notices for permitting actions, including Draft

Orders and enforcement actions. This will require periodic reviews of mailing lists

to ensure regional and local tribal groups and their representatives receive

notices, as well as a commitment to designate a NPDES permitting staff person

to periodically liaise with the Regional Tribal Liaison and to attend, as necessary,

tribal group meetings.

  1. Waste Discharge to Land Program (Non-15 Program): The Waste Discharge

to Land Program protects groundwater quality by regulating facilities whose

discharges do not fall within the jurisdiction of the federal NPDES Program or

other special permitting programs. This Program is the oldest state water quality

control program, covering wastewater (sewage) treatment facilities, food

processing industries (including wineries), wastewater recycling, sand and gravel

mines, and other industries that discharge non-hazardous wastes. The Program

currently regulates over 1,400 facilities in the Central Valley. There are currently

25 PYs in the Program. Approximately 7 PYs are dedicated for compliance and

enforcement and miscellaneous cleanups, 2 PYs are dedicated to the

wastewater consolidation program, leaving a little over 15 PYs for general

permitting obligations.

Racial Equity Goal: Program staff, working in collaboration with the Board’s

Executive Team and legal counsel, will immediately form a work group to

develop a strategy for enhanced outreach for all regional permitting actions that

meets the requirement under AB 2108 for the Board to conduct “equitable,

culturally relevant community outreach to promote meaningful civil engagement

1 Resources are described as “personnel years” or PYs, which are equivalent to the number of hours a

full-time staff person would work over the course of a year.

from potentially impacted communities” for “board planning, policy, and

permitting processes.” In addition, the work group will also evaluate all General

Orders currently being drafted as well as future permitting activities that will have

associated time schedules (including those that will be undertaken to meet the

requirements of the Nitrate Control Program) and will develop a strategy to

develop findings “on potential environmental justice, tribal impacts, and racial

equity considerations” for these permitting activities.

  1. Water Quality Certifications Program: The Water Quality Certification program

regulates removal or placement of materials in wetlands and waterways in the

state. Examples of such projects include navigational dredging, flood control

channelization, levee construction, channel clearing, fill of wetlands for

development, installation and/or repair of bridge piers and docks, and habitat

restoration projects. These projects generally require a Clean Water Act Section

404 permit from the U.S. Army Corps of Engineers (Corps), and the state’s Water

Quality Certification certifies that the projects will be constructed in a manner that

is protective of water quality. The Central Valley Water Board has approximately

13 PYs to implement the program, with resources distributed between the

region’s three offices.

Racial Equity Goal: Program staff will develop a process flow chart that details

the permitting process and enhance noticing for public participation in permitting

processes. Enhanced noticing may include, but will not be limited to, engaging

with tribes beyond currently applicable legal requirements, referencing

CalEnviroScreen or similar tool to better understand cumulative environmental

burdens faced by the communities in which the development subject to the

certification will be occurring, and translating notices into languages spoken by

stakeholders.

  1. Storm Water Program: The Storm Water Program implements NPDES

requirements established by the State Water Board to regulate the discharge of

pollutants in storm water to waters of the U.S. The program is divided into three

main areas of activity: construction (including Caltrans projects), industrial, and

municipal. The permits require implementation of Best Management Practices

(BMPs) and other program elements and controls to minimize the discharge of

pollutants and requires visual and chemical monitoring. Board staff review

monitoring and other program reports, conduct compliance inspections and

audits, and conduct enforcement activities as needed. The Board has 12.75 PYs

to implement the program. Since many of the industrial facilities that are

regulated by the Stormwater Permitting Program are found in disadvantaged

communities and communities of color, much of the work of the Stormwater

Program currently focuses on enforcement within environmental justice

communities.

Racial Equity Goal 1: The Storm Water Program will develop a tool (e.g., table or

map) to help assess and prioritize regulated sites based in part by

CalEnviroScreen scores. Disadvantaged communities (DACs) and Black,

Indigenous, and People of Color (BIPOC) communities tend to have high

CalEnviroScreen scores and are often overburdened by cumulative effects of

pollution.

Racial Equity Goal 2: Many dischargers regulated by the Storm Water Program

struggle with compliance due to language access barriers. When appropriate,

materials used to help dischargers understand the path to compliance (e.g.,

handouts, power points, webpages, applications, etc.) should be available in

multiple languages. In FY 23/24, program staff will work with State Water Board

staff and other regions and shall review outreach materials and assess which

materials should be available in multiple languages and shall disseminate

translated materials within affected communities.

17.Planning, Monitoring and Assessment Programs

  1. Basin Planning and Total Maximum Daily Loads (TMDL) Programs: Water

Quality Control Plans or “Basin Plans” provide the foundation for all Central

Valley Water Board regulatory actions. Basin Plans identify beneficial uses of

surface and ground waters, water quality objectives to protect those uses,

implementation actions to achieve objectives, and describe monitoring and

surveillance program to ensure implementation actions are effective. There are

two Basin Plans for the Central Valley Region, one for the Sacramento and San

Joaquin River Basins, and one for the Tulare Lake Basin. The resources for this

program are 9 PYs, 5 PYs of which are allocated to the Central Valley Salinity

Alternatives for Long-Term Sustainability (CV-SALTS) Program, 1 PY for the

Tribal Beneficial Uses project, 1 PY for biostimulatory projects and assessments,

and the remaining for program management, permitting support, and other

projects.

Further, Clean Water Act section 303(d) requires States to develop a list of

surface water bodies that do not meet water quality standards (called the 303(d)

list), and to establish programs, such as TMDLs, that will reduce pollutant loading

to achieve water quality standards. In California, TMDLs must include

implementation plans to achieve pollutant load reductions. The TMDL Program

has 9.5 PYs allocated that include 3 PYs for developing the 303(d) list and other

federal water quality reporting and 3 PYs and 2 PYs for Mercury and Pesticide

TMDLs, respectively. The remaining PYs are allocated to program management,

permitting support, staff training and implementation of existing TMDLs.

Racial Equity Goal 1: The Basin Planning Program shall propose, as part of the

triennial review process, a project to update the Basin Plans to add references to

the California Communities Environmental Health Screening Tool

(CalEnviroScreen) and the State Water Board’s Racial Equity Resolution.

Racial Equity Goal 2: The Program shall continue to prioritize the designation of

tribal beneficial uses within the region, and shall develop processes to conduct,

“equitable, culturally relevant community outreach to promote meaningful civil

engagement from potentially impacted communities” in accordance with the

requirements of AB 2108.

  1. The Delta Program: The objectives of the Delta Program are to improve and

protect water quality in the Sacramento San Joaquin River Delta through Central

Valley Water Board actions and coordination with other agencies that include

development and implementation of total maximum daily load control programs

and assessment of data relative to water quality objectives. Actions are guided

by the Central Valley Water Board’s 2014 Delta Strategic Work Plan and the

Delta Nutrient Research Plan. There are 3 PYs allocated to the Delta Program,

mostly allocated to the Delta Regional Monitoring Program and the Delta Nutrient

Research Plan.

Racial Equity Goal 1: The Delta Program will increase and track participation with

disproportionately burdened BIPOC communities impacted by HABs and

nutrients. These efforts will include continuing to develop collaborations and

partnerships with citizen scientists and BIPOC communities and track progress.

Racial Equity Goal 2: The Program will request that the Delta RMP add an EJ

member to the program Board of Directors or Steering Committee by 2024.

Racial Equity Goal 3: Central Valley Board staff will endeavor to use

CalEnviroScreen, and related vulnerability tools developed by the Office of

Environmental Health Hazard Assessment, to create separate data analyses

records when reviewing preliminary and final DRMP data, starting with the

annual report due Feb 1, 2023. These analyses may be considered to inform FY

2023/24 monitoring priorities for the Delta RMP.

  1. Central Valley Salinity Alternatives (CV-SALTS) Program: The Central Valley

Salinity Alternatives for Long-Term Sustainability (CV-SALTS) initiative is a

stakeholder-driven effort that developed a regulatory framework to address

legacy and ongoing salt and nitrate accumulation. In 2018, the Board established

the Salt and Nitrate Control Programs. Implementation of the new nitrate

regulations began in May 2020 and implementation of the new salinity

regulations began in January 2021. The CV-SALTS program has approximately

5 PY dedicated to maintaining and implementing the Nitrate and Salt Control

Programs.

Racial Equity Goal: See ILRP Racial Equity Goal.

  1. Surface Water Ambient Monitoring Program (SWAMP): The SWAMP program

was created to coordinate surface water quality monitoring conducted by the

State and Regional Water Boards. The SWAMP program conducts water quality

monitoring directly and through collaborative partnerships, and provides

numerous reports, fact sheets and tools, all designed to support water resource

management in California. SWAMP monitoring projects assess overall water

quality status and trends, identify water quality problems and potential sources,

and evaluate program effectiveness. The SWAMP program has 5 PY shared

between 7 staff in the Rancho Cordova office, 1 staff in the Redding office, and 3

staff in the Fresno office. One of these PYs is dedicated to implementing the

statewide Freshwater Harmful Algal Bloom (FHAB) program.

Racial Equity Goal 1: In recognition that many BIPOC/EJ communities within the

Central Valley are reliant on natural swimming places for recreational

opportunities, particularly in hot summer months, collaborate with the State

Water Board on the development of a process to solicit input from community

members on monitoring priorities for the SWAMP Program, including areas

where additional funding is necessary to monitor and protect recreational areas

of high value to EJ communities.

Racial Equity Goal 2: Broaden availability of water quality monitoring data by

translating public-facing map tools into languages spoken by visitors and by

creating a video that explains, in accessible language, how tools such as the E.

coli indicator bacteria maps can be used by the public.

Racial Equity Goal 3: Add measures to internal operating procedures and field

safety documents to enhance protections and support for at-risk staff, including

women and people of color.

  1. Nonpoint Source Program: Nonpoint source pollution is the leading cause of

water quality impairments in California. The primary nonpoint sources in the

Central Valley include runoff and percolation from land use activities related to

agriculture, timber harvests, cannabis cultivation, abandoned mines, recreation,

and urban and rural development. This Program works to leverage limited

resources to restore waters impacted by NPS pollution and protect unimpaired

water bodies by assessing problem sources and implementing management

programs consistent with the statewide California Nonpoint Source Program

Implementation Plan for 2020-2025 (Six-Year Implementation Plan). NPS

Program activities funded by federal 319(h) resources are implemented by three

different sections spread across all three offices in the Region. For FY22/23, 3.3

PY are allocated amongst eleven staff positions.

Racial Equity Goal: Identify communities that have suffered disproportionate

socio-economic burdens and racial inequality and advocate for the prioritization

of implementation efforts in the Six-Year Implementation Plan for communities

based on racial equity and environmental justice concerns and promptly prioritize

funding for controlling human health exposure.

18.Administrative Program: The Central Valley Water Board’s Administrative Program

serves to support the Region’s mission, initiatives, and priorities by providing

constant, reliable administrative assistance to our customers, both internally and

externally, while applying the highest standards and ethics. A total of 18 personnel

years (PYs) has been allocated between all three offices in the Central Valley

Region.

Racial Equity Goal: The Central Valley Water Board’s Administrative Program, as

the program most directly responsible for the Region’s efforts to create a more

diverse workforce through recruitment, retention, and advancement, will continue to

coordinate with the State Water Board on the development and implementation of

the State Water Board’s Racial Equity Work Plan.

Racial Equity Goal 2: The program will continue to facilitate training and education of

managerial staff in conducting interviews, with a particular focus on implicit bias and

equity considerations relevant to the Board’s work.

Racial Equity Goal 3: Continue ongoing racial equity training and development for

staff and leadership.

Racial Equity Goal 4: As the Board adapts to a hybrid work environment that is more

dependent on shared spaces rather than individually assigned office space, the

Administrative Program will work to ensure that rooms can be made available to

facilitate affinity groups as well as individual staff persons’ religious and cultural

practices.

19.Special Permitting Programs

  1. Irrigated Lands Regulatory Program: In the Central Valley region, there are

approximately 30,000 irrigated agricultural operations on over 6 million acres of

land. The Irrigated Lands Regulatory Program (ILRP) regulates these operations

to protect beneficial uses of surface and groundwater. Growers who are part of a

third-party group (coalitions) are regulated under one commodity-specific and

seven geographic General Orders. There are 14 coalitions assisting growers

comply with the General Orders. Resources for 18.3 full-time staff are distributed

between the three offices of the Central Valley Water Board.

Racial Equity Goal: The CV-SALTS Program has developed a prioritized Nitrate

Control Program to address nitrate pollution within areas of the region where

communities have been most heavily impacted by nitrate pollution. In Priority I

areas, permittees are working to provide drinking water to affected communities

while nitrate reduction efforts are underway. This involves substantial outreach

efforts, as well as the development and implementation of expansive drinking

water well sampling programs. Meanwhile, the ILRP has developed a drinking

water well sampling program that has, to date, resulted in the sampling of over

11,000 domestic wells on farm parcels. For FY 23/24, the CV-SALTS and ILRP

programs will integrate the domestic well sampling efforts currently being

undertaken by Management Zones under the Nitrate Control Program and those

efforts being undertaken by growers under the ILRP to ensure persons whose

domestic wells are contaminated with nitrates in Priority I areas are provided with

options to obtain free, safe drinking water.

  1. Oil Fields Program: Most California oil production occurs in the Central Valley.

Formation water produced with the oil, known as “produced wastewater,”

comprises the largest volume of waste generated by oil production. Produced

wastewater is typically saline, and disposed of by land application, primarily

ponds, or by underground injection. Some is recycled and reused for irrigation of

crops. Other oil field (OF) wastes include drilling muds, solids, and sludges

generated when tanks and equipment are cleaned. The program employs 23 PY

to regulate produced wastewater disposal to land (ponds) and reuse,

underground injection control (UIC) practices, and well stimulation practices

(SB4) to ensure the protection of water quality.

Racial Equity Goal 1: While most of the OF sites are in remote areas used almost

exclusively for oil and gas production, some are located near residential areas.

Generally, underlying groundwater quality in OF sites is naturally poor and

domestic use water must be brought in from an outside source. Oil Field sites

often have high CalEnviroScreen scores, driven by multiple factors (e.g., air and

water quality). In FY 23/24, program staff will assess which sites are in proximity

to residential areas and compare these areas to CalEnviroScreen scores and

identify sites for program work prioritization. Even where impacts to drinking

water are not a program consideration, prioritizing work (e.g., closing ponds,

ensuring site compliance, enforcing best practices) can help lower a

CalEnviroScreen score, and positively impact communities situated near

program sites, many of which are DACs or BIPOC communities.

Racial Equity Goal 2: In addition to this, program staff will work to increase

outreach to DACs and BIPOC communities. A part of this outreach will be for

program staff to host informational meetings, where staff will broadly discuss

work being done in the OF program. In FY 23/24, OF program staff will begin

planning meetings, with a general goal of holding two meetings in FY 24/25.

  1. Land Disposal Program: The Land Disposal Program regulates the land

discharge of solid and liquid wastes to prevent water quality impacts. These

wastes include municipal solid waste, hazardous wastes, designated wastes

(such as petroleum-impacted soils), and nonhazardous and inert solid wastes. In

general, these wastes cannot be discharged directly to the ground surface

without impacting groundwater or surface water and, therefore, they must be

contained at facilities that prohibit the wastes from migrating to groundwater. The

facilities are regulated pursuant to Title 27 (nonhazardous wastes) or Chapter 15

of Title 23 of the California Code of Regulations (hazardous wastes). A total of

14.26 PYs are allocated to the program with 6.00 PYs directed to compliance

and enforcement activities and 8.26 to permitting.

Racial Equity Goal 1: In prioritizing permit renewals, consider impacts that

facilities may be having on local communities by incorporating EnviroScreen

score into prioritization matrix.

Racial Equity Goal 2: Preceding permit renewals and revisions, site cleanup staff

will be proactive on requiring dischargers/ consultants create fact sheets that

include environmental burdens. Using EnviroScreen census data, the fact sheet

can be translated into different languages accordingly. A three-year goal is set to

provide the framework for language translation of factsheets.

  1. Confined Animal Facilities Program: The Central Valley is home to a variety of

agricultural operations that rely on animals (cows, steers, sheep, goats, pigs, and

poultry). Confined Animal Facilities (CAFs) are ranches where livestock are held

and provided food for a significant part of the time, as opposed to grazing, where

livestock eat forage that grows in pastures or rangeland. Most CAFs in the

Central Valley are dairies. There are also a significant number of feedlots (beef

cattle and support stock for dairies) and poultry facilities. There are 12 PY

working full time in the CAF Program, supplemented by 3 other staff with a

percentage of their time dedicated to the Program, for a total of about 14 PYs.

Racial Equity Goal: The Board’s 2013 Dairy General Order is currently being

reviewed by the State Water Board in response to a water quality petition filed by

environmental and environmental justice organizations. It is expected that the

State Water Board will remand the 2013 Dairy General Order to the Central

Valley Water Board for reconsideration in 2023. In FY 23/24, this program will be

tasked with developing a revised Dairy General Order and will ensure that

development of this order includes “equitable, culturally relevant community

outreach to promote meaningful civil engagement from potentially impacted

communities.” The revised order will also include findings that consider impacts

on potential environmental justice, tribal impacts, and racial equity considerations

that shall be developed in collaboration with affected communities.

  1. Mines Program: Central Valley Water Board staff have identified 106 mine sites

with features known to, or that have the potential to, impact water quality. This is

a subset of the 47,000 abandoned mine sites with physical and/or environmental

hazards identified throughout California by the Department of Conservation. Most

mine sites regulated by the Central Valley Water Board are closed and

abandoned mines that have not operated for decades, at a minimum, with some

mines inactive for more than 100 years. During FY 22/23, a total of 6.8 PY has

been allocated towards Mines Program oversight, of which 5.25 PY is directed

towards permitting, compliance and enforcement.

Racial Equity Goal: Program staff will prioritize mine cleanup or oversight in

consideration of threat to water quality and disproportionate environmental

burdens faced by disadvantaged communities and tribes. Each mine project

selected for the racial equity goal in the Mines FY 23/24 Workplan will require the

development of individual action plans because of their unique and often

complex site characteristics causing or contributing to water quality impairments.

Individual action plans will be developed and implemented through enhanced

public outreach and tribal engagement. Each project will include a succinct

summary that describes opportunities for public participation and provides

updates regarding project progress.

  1. Cannabis Program: The Central Valley Water Board’s Cannabis Regulatory

Program regulates waste discharges associated with cannabis cultivation and

related ground disturbance activities. The Program is implemented through the

Principals and Guidelines for Cannabis Cultivation (Policy) and the statewide

Cannabis Cultivation General Order. Board staff engage in coordinated multiagency efforts for permitting actions, compliance inspections, and if necessary,

targeted enforcement actions against cultivators who fail to comply with

permitting requirements. Cannabis Regulatory Program staff regularly coordinate

with the Department of Cannabis Control, California Department of Fish and

Wildlife, local regulatory agencies, and state and local law enforcement agencies.

The Central Valley Water Board’s Cannabis Regulatory Program is currently

supported by 7 PY in technical staff and 1.5 PY managerial staff.

Racial Equity Goal: Translate important information, including the implementation

of best management practices, into languages other than English to increase

awareness of the regulatory program among BIPOC communities, including

within counties where cannabis cultivation may still be banned. Translate

module-by-topic presentations into Spanish by the end of 2023.

  1. Forest Activities Program: California’s forested lands produce most of the

state’s highest quality waters. However, activities in forested lands can lead to

non-point source pollution, the leading cause of water quality impairments in

California, if not properly mitigated. The Forest Activities Program focuses

regulatory efforts and grant funding on land use and restoration activities across

16 million acres of federal and non-federal lands within the Central Valley

Region. The Forest Activities Program has 17 PY across all three offices.

Racial Equity Goal: Conduct staff training on CalEnviroScreen tools by the end of

  1. Staff will consider CalEnviroScreen, and related vulnerability tools

developed by the Office of Environmental Health Hazard Assessment in

prioritizing work near vulnerable communities. Where appropriate, staff will

conduct “equitable, culturally relevant community outreach to promote

meaningful civil engagement from potentially impacted communities” in

connection with the adoption of the Federal Permit. Make findings within the

Federal Permit consistent with the requirements of AB 2108.

20.Enforcement and Cleanup Programs

  1. Compliance and Enforcement Program: The State Water Resources Control

Board and the nine Regional Water Quality Control Boards protect the waters of

the state by ensuring compliance with clean water laws and taking enforcement

actions when violations occur. The Water Boards have authority under the Water

Code to regulate and enforce any activity or factor that may affect the quality of

the waters of the state. The Water Boards’ compliance and enforcement actions

are guided by the State Water Board’s 5 October 2017 Enforcement Policy. 57

PYs work in C/E (14 PYs in Fresno; 12 PYs in Redding; and 31 PYs in

Sacramento).

Racial Equity Goal 1: The State Water Board’s Racial Equity Resolution found

that violations of clean water laws and regulations disproportionately impact

DACs/ BIPOC communities. Although the Enforcement Program currently

prioritizes sites based on whether violations have the potential to impact a source

of drinking water, or a source of water used by a Tribal Nation, during FY 23/24,

program staff will also assess how violations impact DACs and communities of

color using tools, including CalEnviroScreen.

Racial Equity Goal 2: Program staff will include a tally of high CalEnviroScreen

score sites receiving formal enforcement in quarterly Executive Officer’s reports.

The Enforcement Program will continue to prioritize Class A priority violations

which are those violations that potentially pose an immediate and substantial

threat to beneficial uses and/or that have the potential to cause significant

detrimental impacts individually or cumulatively to human health or the

environment. When appropriate, Executive Officer’s reports may also include

summary statements about specific sites, and how these violations impact DACs/

BIPOC communities, and the enforcement actions taken.

  1. Site Cleanup Program: The Site Cleanup Program (SCP) regulates and

oversees the investigation and cleanup of contaminated sites. Staff overseeing

investigation and cleanup actions at sites that have been impacted by releases of

pollutants to soil, soil gas, groundwater, surface water, sediments, and indoor air.

SCP sites include large industrial facilities, military bases, oil refineries, factories,

and smaller facilities such as dry cleaners and plating shops. Many properties

are in urban areas and environmental justice communities and cleanup often

results in contaminant removal, reduced impact to water and economic growth.

The types of pollutants encountered at SCP sites are diverse and include

fertilizers, heavy metals, solvents, and many others. 30 PY are divided amongst

the regulatory oversight of Private, Military, and Department of Energy (D.O.E.)

sites.

Racial Equity Goal 1: Program management will ensure that program staff have

been trained on the availability and use of GeoTracker tools and layers

presenting CalEnviroScreen scores and demographics of communities

surrounding SCP sites. Using these tools, SCP staff will record the

CalEnviroScreen scores and GeoTracker site status to evaluate cleanup

progress relative to burdened communities.

Racial Equity Goal 2: Site Cleanup and UST program staff, in collaboration with

the State Water Board’s Office of Public Participation, will develop revisions to

public outreach guidelines to incorporate “equitable, culturally relevant

community outreach to promote meaningful civil engagement” from those

communities where remedial action plans and site closures are going to be

considered by the Board, consistent with the requirements of AB 2108.

  1. Underground Storage Tank (UST) and Aboveground Storage Tank (AST)

Program: The Underground Storage Tank (UST) and Aboveground Storage

Tank (AST) Program address leak prevention, oversight of leaking underground

tank cleanups, and reimbursement to responsible parties conducting cleanups.

Board staff is primarily involved with the oversight of cleanups. Currently, Board

staff is actively directing the cleanup work at approximately 289 leaking

underground tank sites. Since inception of the program, over 3,000 UST releases

have been investigated, remediated, and closed at the direction of the Board.

Racial Equity Goal 1: Develop a means of prioritizing efforts to move stalled

cases toward closure where cases are located within environmental justice

communities.

Racial Equity Goal 2: Site Cleanup and UST program staff, in collaboration with

the State Water Board’s Office of Public Participation, will also develop revisions

to public outreach guidelines to incorporate “equitable, culturally relevant

community outreach to promote meaningful civil engagement” from those

communities where remedial action plans and site closures are going to be

considered by the Board, consistent with the requirements of AB 2108. Specific

to the UST program, outreach efforts shall acknowledge that a large percentage

of UST/gas station sites are owned and operated by the South Asian community,

and therefore “culturally relevant community outreach” will include language

assistance will be provided in languages spoken by this community.

Regulatory Findings

21.Public Notice: The Central Valley Water Board provided notice of its intention to

consider this matter at a public meeting and provided an opportunity for interested

persons to comment on the tentative resolution and its attachments. The draft

resolution and its attachments were mailed to the interested persons and regulatory

agencies and posted on the Board’s website.

22.34.Public Hearing: The Central Valley Water Board, at a public meeting, heard and

considered all comments pertaining to this matter.

THEREFORE, BE IT RESOLVED THAT the California Regional Water Quality Control

Board, Central Valley Region, adopts the goals for inclusion in Programmatic Workplans

for FY 23/24 and beyond.

I, Patrick Pulupa, Executive Officer, do hereby certify that the foregoing is a full, true,

and correct copy of a resolution adopted by the California Regional Water Quality

Control Board, Central Valley Region, on _____ 2022.

[Signature block]

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