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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD r CENTRAL VALLEY REGION Fact Sheet No. 3 For Dairies y Enforcdnaent of Water Quality Laws And Regulahuns That Apply To Datxtes The California Water Code (the Porter-Cologne Water Quality Control Act) requires that manure and other wastes be managed to protect water quality. State regulations that apply to dairies and other confined animal facilities have been established pursuant to the Water Code and are contained in the California Code of Regulations, Title 21, Division 2, Subdivision 1, Chapter 7, Subchapter 2, (see Fact Sheet for Dairies No. 2). Any dairy that causes a pollution of surface water or groundwater can be required to conduct an assessment of the water body and clean up the pollution. In addition, the dairy operator and owner may be subject to fines if wastes are discharged off their property. To ensure compliance with the Waler Code, Regional Water Quality Control Boards (RWQCBs) can impose Waste Discharge Requirements for individual facilities. The RWQCBs can also take enforcement action by [ issuing a Notice of Violation, Cleanup and Abatement Order, Cease and Desist Order, or Administrative Civil E Liability Complaint. These actions are described below. Waste Discharge Requirements (WDRs) may be established after a dairy provides a Report of Waste Discharge (RWD) and pays a $2,000 filing fee. Dairies are usually requested to file a RWD only when it � a appears that waste management practices at the facility can adversely impact water quality. If review of the _ RWD indicates a waiver is appropriate, WDRs are not issued and a portion of the filing fee may be refunded. WDRs specify certain actions that must be met, prohibit other actions, and establish monitoring and reporting requirements including submission of annual reports to the RWQCB. � s A Notice of Violation fNOV)can be issued to the operator and owner of any facility where wastes are discharged in violation of laws, regulations, or orders. The NOV will specify the problem that must be corrected and generally will require that a time schedule be established for necessary improvements. If the improvements are completed within the approved time schedule, the RWQCB generally does not assess oversight charges in conjunction with the NOV. If the problem is not corrected, and/or required information is not submitted, a RWQCB can initiate enforcement actions that may result in imposition of monetary I penalties. I; A Cleanup and Abatement (C&A) Order can be issued when wastes have been, or threaten to be, improperly discharged and corrective action is needed to protect water quality. The C&A Order will identify the discharge of concern and establish a schedule for corrective actions. The C&A Order may provide for reimbursement of RWQCB staff time to oversee corrective action. However, in cases where corrective actions are completed quickly, charges for staff time are minimal and may even be waived as not worth the administrative effort to collect. A Cease and Desist (C&D) Order can be issued when Waste Discharge Requirements are violated. It is similar to a C&A Order in that it will specify the problem that must be corrected, will require that a time schedule be established for necessary improvements, and may provide for reimbursement for staff time. An ACL may be issued concurrently with a C&D Order. An Administrative Civil Liability (ACL) is a monetary assessment issued to a facility that violates Waste ' Discharge Requirements or an enforcement order. The amount ofthe ACL is related to the violation that occurred up to a maximum of$25,000 for each day of occurrence. Failure to pay an ACL can result in referral to the Attorney General's office for prosecution. In addition to the state laws and regulations enforced by the RWQCBs, there are state laws and regulations #X enforced by other state agencies such as the Department of Fish and Game. There are also federal laws and I i