|
4 Environmental Analysis
<br /> 4.4 Biological Resources
<br /> Following a federal district court decision on August 30, 2021, the USACE and USEPA halted
<br /> implementation of the Navigable Waters Protection Rule and began interpreting WOTUS
<br /> consistent with the "pre-2015" regulatory regime. On December 7, 2021, the USACE and USEPA
<br /> announced a Proposed Rule, published in the FR, to revise the definition of WOTUS to formalize
<br /> the Supreme Court's decisions and put back into place the "pre-2015" definition of WOTUS (33
<br /> CFR Section 328.3). The pre-2015 regulations also include the Supreme Court's decisions in
<br /> Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159
<br /> (2001); and Rapanos v. United States, 547 U.S. 715 (2006). The public comment period closed
<br /> in February 2022 and the Proposed Rule is anticipated to become effective in 2023.
<br /> 4.4.2.6 California Porter-Cologne Water Quality Control Act
<br /> In 1969, the California Legislature enacted the Porter-Cologne Water Quality Control Act (Porter-
<br /> Cologne) to revise the existing water quality laws in California. Through the Act, the California
<br /> SWRCB and nine RWQCBs were entrusted with duties and powers to preserve, restore, and
<br /> enhance the quality of California's water resources. The SWRCB has the ultimate authority over
<br /> state water rights and water quality policy. The SWRCB adopts statewide water quality control
<br /> plans, policies, and guidance that direct RWQCBs in designating beneficial uses, setting water
<br /> quality control standards, and administering programs to protect and preserve the "Waters of the
<br /> State." Pursuant to these statewide plans, policies, and guidance, each of the nine RWQCBs
<br /> within California is required to adopt a Basin Plan that sets water quality standards, including
<br /> narrative and numeric water quality objectives for various constituents of concern, recognizing
<br /> and reflecting the regional differences in existing water quality, the beneficial uses of the region's
<br /> ground and surface waters, and local water quality conditions
<br /> Pursuant to Porter-Cologne, the SWRCB and RWQCBs, on a statewide and regional basis,
<br /> respectively, have authority to regulate the "discharge of waste" to "Waters of the State"
<br /> independently of the CWA and as a matter of state law. Discharges of waste are defined to:
<br /> include sewage and any and all other waste substances, liquid, solid, gaseous, or
<br /> radioactive, associated with human habitation or of human or animal origin, or from
<br /> any producing, manufacturing or processing operations, include waste placed in
<br /> containers of whatever nature prior to and for purposes of, disposal (California
<br /> Water Code §13050(d)).
<br /> Discharges of fill are included in the Porter-Cologne definition of discharge of"waste."
<br /> "Waters of the State" are defined to mean "any surface water or groundwater, including saline
<br /> waters, within the boundaries of the state" (California Water Code §13050€). Under Porter-
<br /> Cologne, Waters of the State include, but are not limited to, WOTUS. As a matter of state law,
<br /> any party proposing a discharge of waste, including fill or other pollutants, that threatens to affect
<br /> any Water of the State that is not also a WOTUS must file a Report of Waste Discharge with the
<br /> appropriate RWQCB, as applicable (California Water Code §§13260; 13264). The RWQCB, after
<br /> a public hearing, will then respond to the Report of Waste Discharge by imposing appropriate
<br /> Waste Discharge Requirements (WDRs) (California Water Code §§13263; 13264), or by issuing
<br /> a Waiver of WDRs with appropriate conditions (California Water Code §13269), to control
<br /> discharges for the protection of Waters of the State.
<br /> The SWRCB and RWQCBs, on a statewide and regional basis, respectively, also have authority
<br /> to issue, deny, condition, enforce, and otherwise administer all CWA Section 402 NPDES Permits
<br /> Griffith Energy Storage Project 4.4-24 Tetra Tech/SCH 2022120675
<br /> Draft Environmental Impact Report August 2023
<br />
|