A Guide to the Porter-Cologne Water Quality Control Act Requirements, Process, and Compliance

The Porter-Cologne Water Quality Control Act, a cornerstone of California's water protection framework, plays a pivotal role in safeguarding the state's precious water resources. This comprehensive guide delves into the intricacies of the Act, enabling readers to grasp its key provisions, regulatory standards, and compliance obligations. By exploring the Act's applicability to a wide range of activities and industries, as well as its enforcement mechanisms and penalties, readers will gain a solid understanding of how to navigate California's water quality regulatory landscape effectively. The guide also highlights recent developments and provides valuable resources to help readers stay informed about the evolving regulatory context surrounding the Porter-Cologne Water Quality Control Act, empowering them to make informed decisions and proactively manage water quality compliance in their projects.

GENERAL INFORMATION

Key Details of the Porter-Cologne Water Quality Control Act

Issuing Agency: State Water Resources Control Board and nine Regional Water Quality Control Boards¹

Year Established: 1969²

Last Amended: 2019³

Statutory Authority: The Porter-Cologne Water Quality Control Act, also known as the California Water Code, Division 7⁴

Primary Legal Reference: California Water Code, Division 7, Sections 13000-16104⁵

Overview of the Porter-Cologne Water Quality Control Act

The Porter-Cologne Water Quality Control Act is a comprehensive water quality law that operates within California's broader environmental regulatory framework. It was enacted in 1969 to protect the state's surface and groundwater resources and maintain their beneficial uses, such as drinking water supply, recreation, and wildlife habitat.⁶ The Act established the State Water Resources Control Board and nine Regional Water Quality Control Boards as the primary agencies responsible for administering and enforcing water quality regulations in California.⁷

The Porter-Cologne Act predates the federal Clean Water Act and has been amended several times since its enactment to align with federal requirements and address emerging water quality issues.⁸ The Act's approach to water quality protection involves setting statewide policies, developing regional water quality control plans (Basin Plans), and issuing waste discharge requirements (permits) to regulate the discharge of pollutants into state waters.⁹ The Act applies to all surface and groundwater within California's boundaries, with some exceptions for certain agricultural activities and discharges regulated under other state or federal programs.¹⁰

What does the Porter-Cologne Water Quality Control Act protect?

The Porter-Cologne Water Quality Control Act protects California's surface water and groundwater resources from pollution and contamination. The Act aims to maintain and enhance the quality of these waters to ensure their suitability for beneficial uses, such as:

1. Domestic, municipal, agricultural, and industrial water supply
2. Recreation, including swimming, fishing, and boating
3. Aquatic and wildlife habitat
4. Navigation
5. Groundwater recharge
6. Aesthetic enjoyment¹¹

The Act achieves this protection by regulating the discharge of waste (including pollutants, contaminants, and nuisance substances) into state waters through waste discharge requirements (permits) and other regulatory tools, such as water quality standards, total maximum daily loads (TMDLs), and enforcement actions against violators.¹²

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Porter-Cologne Water Quality Control Act, also known as the California Water Code, is the primary state law governing water quality in California. This comprehensive legislation aims to protect the state's water resources by regulating various activities and entities that have the potential to impact water quality. The Act applies to both surface water and groundwater, and it establishes a framework for managing water quality through a combination of permitting, monitoring, and enforcement mechanisms.¹³

The Porter-Cologne Act regulates a wide range of activities and industries, including:

• Wastewater treatment plants and publicly owned treatment works (POTWs)
• Industrial facilities that discharge waste into water bodies or municipal sewer systems
• Agricultural operations, such as irrigated agriculture and concentrated animal feeding operations (CAFOs)
• Construction sites and stormwater runoff from urban areas
• Oil and gas extraction, including hydraulic fracturing (fracking) operations
• Landfills and other waste disposal facilities
• Dredging and filling of wetlands, rivers, and other water bodies¹⁴

Under the Porter-Cologne Act, certain activities and substances are prohibited due to their potential to harm water quality and the environment. These prohibitions include:

1. Discharge of pollutants: It is illegal to discharge any pollutant, including waste, into the waters of the state without a permit or in violation of permit conditions. This prohibition applies to point source discharges, such as those from industrial facilities or wastewater treatment plants.¹⁵

2. Disposal of waste in a manner that causes pollution: The Act prohibits the disposal of waste in a manner that causes or threatens to cause pollution, contamination, or nuisance. This includes the discharge of waste into groundwater or in areas where it may enter surface water or groundwater.¹⁶

3. Unauthorized alteration of streambed or banks: Any activity that substantially diverts or obstructs the natural flow of a stream, or that substantially changes its bed or banks, requires authorization from the California Department of Fish and Wildlife (CDFW) through a Streambed Alteration Agreement.¹⁷

These prohibitions are essential for protecting water quality and maintaining the ecological integrity of California's water resources. By preventing the discharge of pollutants and waste, and by regulating activities that can alter water bodies, the Porter-Cologne Act helps to ensure that the state's waters remain clean, safe, and suitable for various beneficial uses, such as drinking water supply, recreation, and wildlife habitat.

Structure and Key Provisions

The Porter-Cologne Water Quality Control Act is divided into several chapters, each focusing on a specific aspect of water quality management. The Act's key provisions include:

Chapter 1: Policy (Section 13000-13001)

This chapter establishes the state's policy of protecting water quality and beneficial uses, and it declares that the right to use water is subject to the state's obligation to protect water quality.¹⁸

Chapter 2: Definitions (Section 13050)

This chapter defines important terms used throughout the Act, such as "beneficial uses," "pollution," "waste," and "waters of the state."¹⁹

Chapter 4: Regional Water Quality Control (Section 13200-13286.9)

This chapter establishes the nine Regional Water Quality Control Boards and outlines their responsibilities, which include developing water quality control plans (Basin Plans) and issuing waste discharge permits.²⁰

Chapter 4.5: Onsite Sewage Treatment Systems (Section 13290-13291.7)

This chapter addresses the regulation of onsite sewage treatment systems, such as septic systems, and sets requirements for their design, operation, and maintenance.²¹

Chapter 5: Enforcement and Implementation (Section 13300-13365)

This chapter outlines the enforcement tools available to the State Water Resources Control Board and the Regional Water Quality Control Boards, including cease and desist orders, cleanup and abatement orders, and administrative civil liability.²²

Chapter 5.4: Nonpoint Source Pollution Control Program (Section 13369)

This chapter establishes the state's Nonpoint Source Pollution Control Program, which aims to address pollution from diffuse sources, such as urban runoff and agricultural activities.²³

Chapter 5.5: Compliance with the Provisions of the Federal Water Pollution Control Act as Amended in 1972 (Section 13370-13389)

This chapter ensures consistency between the Porter-Cologne Act and the federal Clean Water Act, and it authorizes the State Water Resources Control Board to implement the National Pollutant Discharge Elimination System (NPDES) permit program in California.²⁴

While this overview provides a general understanding of the Porter-Cologne Act's structure and key provisions, it is essential for project proponents to consult the full text of the regulation and engage with the relevant agencies, such as the Regional Water Quality Control Boards, for project-specific guidance and requirements. The Act's applicability and the specific compliance obligations will depend on factors such as the project location, the type of activities involved, and the potential impacts on water quality.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Porter-Cologne Water Quality Control Act establishes various standards and limitations to protect and maintain the quality of California's water resources. These standards and limitations may include:²⁵

• Water quality objectives: Numeric or narrative limits on pollutants or characteristics of water designed to protect beneficial uses of water bodies.
• Effluent limitations: Restrictions on the quantities, discharge rates, and concentrations of pollutants discharged into water bodies.
• Performance standards: Requirements for the design, construction, and operation of facilities or equipment to achieve a desired level of water quality protection.

These standards are implemented through various means, such as:²⁶

• Waste discharge requirements (WDRs): Permits issued to regulate discharges of waste to waters of the state.
• National Pollutant Discharge Elimination System (NPDES) permits: Federally-mandated permits for point source discharges to surface waters.
• Basin plans: Regional water quality control plans that set water quality standards and implementation measures for specific regions.

Enforcement of these standards is carried out by the State Water Resources Control Board and nine Regional Water Quality Control Boards through inspections, monitoring, and various enforcement actions.²⁷

Monitoring, Reporting & Recordkeeping Obligations

Under the Porter-Cologne Water Quality Control Act, regulated entities are typically required to conduct various monitoring, reporting, and recordkeeping activities to demonstrate compliance with applicable standards and limitations.²⁸ These obligations may include:

• Self-monitoring: Regular sampling and analysis of discharges, receiving waters, or other environmental media.
• Reporting: Periodic submission of monitoring data, compliance certifications, or other information to regulatory agencies.
• Recordkeeping: Maintenance of records related to monitoring, facility operations, and compliance activities.

The specific nature and extent of these obligations can vary depending on the type of discharge, facility, or activity being regulated. Developers and consultants should work closely with the State Water Resources Control Board and relevant Regional Water Quality Control Boards to understand and fulfill the monitoring, reporting, and recordkeeping requirements applicable to their specific projects.²⁹

Enforcement Actions & Penalties

The Porter-Cologne Water Quality Control Act provides for various enforcement actions and penalties to address violations of the Act's requirements. These may include:³⁰

• Notices of violation: Formal notifications of alleged violations, often accompanied by orders to take corrective actions.
• Administrative civil liability (ACL) actions: Proceedings to impose monetary penalties for violations.
• Cease and desist orders (CDOs): Orders to stop or prevent violations or threatened violations.
• Cleanup and abatement orders (CAOs): Orders to clean up waste or abate the effects of waste discharges.
• Civil and criminal judicial actions: Court proceedings to impose civil penalties or criminal sanctions for violations.

To avoid enforcement actions and potential penalties, it is crucial for developers and consultants to proactively comply with the Act's requirements and engage early with the relevant regulatory agencies. Readers should consult the full text of the Porter-Cologne Water Quality Control Act and work closely with the State Water Resources Control Board and Regional Water Quality Control Boards to understand the specific enforcement provisions and penalty structures that may apply to their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Porter-Cologne Water Quality Control Act has undergone several significant developments in recent years. One notable amendment was the passage of Senate Bill 205 in 2019, which requires certain businesses to demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program when applying for or renewing a business license³¹. This change has increased compliance obligations for many businesses across California.

Another important development was the State Water Resources Control Board's adoption of the "Procedures for Discharges of Dredged or Fill Material to Waters of the State" in April 2020. These procedures establish a new permitting process for activities that result in the discharge of dredged or fill material to waters of the state, including wetlands and other aquatic resources not covered by the federal Clean Water Act.

Looking ahead, stakeholders should be aware of the ongoing development of the "Statewide Sanitary Sewer Systems General Order" by the State Water Resources Control Board³². This proposed order aims to update and consolidate the regulatory requirements for sanitary sewer systems, with a focus on reducing sanitary sewer overflows and protecting water quality.

To stay informed about these and other regulatory developments, stakeholders can:

1. Monitor the State Water Resources Control Board's website and subscribe to their email lists for updates on specific programs or topics³³.
2. Engage with industry associations, which often provide regulatory updates and advocacy on behalf of their members.
3. Attend public workshops, hearings, and board meetings related to the Porter-Cologne Water Quality Control Act and its implementation³⁴.

By staying informed and actively participating in the regulatory process, developers and environmental consultants can better anticipate and adapt to changes in the regulatory landscape surrounding the Porter-Cologne Water Quality Control Act.

Additional Resources

Porter-Cologne Water Quality Control Act - Full Text: The complete text of the Porter-Cologne Water Quality Control Act, including all amendments as of January 1, 2019.

State Water Resources Control Board - Porter-Cologne Water Quality Control Act: The official webpage of the State Water Resources Control Board dedicated to the Porter-Cologne Water Quality Control Act, featuring links to related resources, guidance documents, and regulatory updates.