Cal. Code Regs. tit. 14 § 916.12

Current through Register 2024 Notice Reg. No. 16, April 19, 2024

Section 916.12 - Section 303(d) Listed Watersheds

For any Planning Watershed in which Timber Operations could contribute to the pollutants or stressors which have been identified as limiting water quality in a water body listed pursuant to § 303(d) of the Federal Clean Water Act, the following shall apply:

(a) The Department shall, in collaboration with the appropriate RWQCB and SWRCB, prioritize watersheds in which the following will be done:

1) conduct or participate in any further assessment or analysis of the watershed that may be needed,

2) participate in the development of Total Maximum Daily Load (TMDL) problem assessment, source assessment, or load allocations related to Timber Operations, and

3) if existing Rules are deemed not to be sufficient, develop recommendations for watershed-specific silvicultural implementation, enforcement and monitoring practices to be applied by the Department.

(b) The Department shall prepare a report setting forth the Department's findings and recommendations from the activities identified pursuant to (a) above. The report shall be submitted to the Board and the appropriate RWQCB. The report shall be made available to the public upon request and placed on the Boards' website for a 90-day period.

(c) Where the Department has recommended that the adoption of watershed specific Rules is needed, the Board shall consider that recommendation as a proposal for rulemaking under the Administrative Procedures Act (Gov. Code § 11340 et. seq.) and shall begin that process within 180 days following receipt of that report.

(d) These watershed specific Rules shall be developed in collaboration with the appropriate RWQCB, the landowner(s) or designee with land in the Planning Watershed, and other Persons or groups within the watershed, and may also be incorporated into a TMDL implementation Plan.

(e) The watershed specific Rules shall remain in effect until the water body has been removed from the § 303(d) list, or that the Board finds, after consulting with the appropriate RWQCB, that Timber Operations are no longer a significant source of the pollutant or stressor that limits water quality in the listed water body.

Cal. Code Regs. Tit. 14, § 916.12

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 96, No. 45.
2. Amendment of subsection (f) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsection (f) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsection (f) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (f) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsection (f) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
8. Amendment of subsection (f) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
9. Repealer of subsection (f) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
10. Change without regulatory effect amending section filed 9-7-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 36).

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.