Water is a foundational, and frequently contentious, aspect of California’s legislation and history. Laws governing water rights were some of the first laws passed after California gained statehood in 1850. By the turn of the century, California had created the first iteration of what is now the State Water Board and published the first version of the state water plan. But by the 1940s, rapid urban and industrial development led to increased concern over water quality. The next few decades saw the establishment of what are now California’s key water quality regulators: The Regional Water Quality Control Boards.
The modern regional boards are rooted in the 1949 Dickey Water Pollution Act, which established the first State Water Pollution Control Board and corresponding regional boards. The Act recognized that water problems throughout the state varied based on regional precipitation, climate, topography, population, and development. To address these variances, lawmakers created nine regional water boards, divided along the nine major watersheds, to help enforce the state’s anti-pollution programs.
Up until the late 1960s, the scope of the regional water pollution control boards was limited—mainly addressing sewage and industrial waste control. But much of that changed when California merged the water rights and water pollution control boards in 1967, and lawmakers passed the landmark Porter-Cologne Water Quality Control Act in 1969. The merger created the modern State Water Resource Control Board, or State Water Board (SWB), to simultaneously address problems with water quality and access. The regional boards, now referred to as the Regional Water Quality Control Boards, gained semi-autonomy from the SWB. Empowered by the Porter-Cologne Act, the regional boards became responsible for permitting, inspecting, and enforcing regulations in their hydrologic regions.
Not long after, the federal government passed the 1972 Clean Water Act (CWA), which borrowed heavily from the Porter-Cologne Act. The state assumed responsibility for implementing the CWA and integrated federal laws concerning water quality standards, permits, and grant programs into existing state legislation. These two laws became the legal foundations for the powers and limitations of the regional control boards.
The nine regional boards are now a critical part of California’s regulatory structure. Each board consists of seven part-time members selected by the Governor and confirmed by the California Senate. These members are in charge of implementing state and federal law in their region, and their primary regulatory tool is the basin plan. Basin plans establish the water uses considered “beneficial” in the region, list the water quality objectives that protect those uses, and outline the tools for implementing their water quality objectives, including prohibitions, policies, action plans, and monitoring. These plans provide a legal basis for most of the regulatory actions boards take, such as issuing permits like water discharge requirements (WDR), providing exemptions, prohibiting certain types of discharges, and mandating water quality monitoring. The plans also lay out enforcement strategies authorized under the Porter-Cologne Act and CWA, including cease and desist orders, cleanup and abatement orders, administrative civil liability orders, civil court actions, and criminal prosecutions. Periodically, Basin Plans are put through a process of revision and update, culminating in approval by the Regional Board, the SWB, and the Office of Administrative Law. When revisions include changes to water quality standards, further approval from the USEPA becomes necessary.
Overall, regional boards set the tone for future regulatory priorities. The enforcement priorities for each board vary, but 2021 seems to promise more emphasis on stormwater permits, testing, and programs; addressing PFAS contamination; incentivizing groundwater recharge projects; and protecting critical habitats.
Babcock Laboratories works with clients and the Regional Boards to ensure analytical water data of known and documented quality is used to help protect the beneficial uses of California’s precious water supply.
As an elite environmental lab at the forefront of PFAS and stormwater testing, Babcock utilizes the latest methods and instrumentation available. Contact us to learn more about California regulations and our testing services.