GavIN NEWSOM
GOVERNOR
YANA GARCIA
Water Boards ENVIMONMENTAL PROTECTRON
Central Valley Regional Water Quality Control Board
December 29, 2023 Certified Mail: 9589 0710 5270 1318 5197 00 James Pease Non-15 2258
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
NITRATE CONTROL PROGRAM NOTICE TO COMPLY
PERMITTEES IN PRIORITY 2 BASINS
This letter contains legal requirements that must be followed. Failure to respond may result in enforcement action(s) being taken against you.
You are receiving this Notice to Comply because you operate the following one or more facilities:
Ripon Industrial & Domestic TP
1220 Vera
Ripon, CA 95366
Facility/Place ID: 252782
Order Number: 94-263
Priority 2 Basin: EASTERN SAN JOAQUIN
CV-SALTS ID: 2438
MARK BRADFORD, CHAIR | PARIck PuLuPA, Eso., EXECUTIVE OFFICER 11020 Sun Center Drive #200, Rancho Cordova, CA 95670 | www.waterboards.ca.gov/centralvalley Nitrate Control Program
This Page Intentionally Left Blank
Nitrate Control Program
This Notice to Comply (NTC) requires that you choose one of two nitrate compliance options, or "pathways," established by new regulations. Regardless of which compliance option you choose, your permit requirements will change. If the address or ownership information on the first page is incorrect, please contact the Central Valley Water Board (Board) so that we may correct our records. If you have questions or believe that you should be exempt from this NTC, please contact us by telephone, email, or mail. Our contact information is at the end of the letter.
Background
In May 2018, the Board approved new Salt and Nitrate Control Programs. The Nitrate Control Program was developed to address widespread nitrate pollution in the Central Valley. Nitrate in drinking water can reduce the blood's ability to carry oxygen, which can result in brain damage and death. Infants and pregnant women are most at risk of nitrate toxicity. Nitrate is a risk when it is above 10 parts per million (ppm) of nitrate nitrogen, which is the Primary Maximum Contaminant Level (MCL), also known as the nitrate drinking water standard.
The Board identified areas, referred to as Priority 1 and Priority 2 basins, where nitrates in groundwater are more prevalent and therefore pose a higher risk to persons who rely on groundwater as a source of drinking water. Priority 1 and Priority 2 basins have timelines under which permittees, such as you, are required to implement Nitrate Control Program requirements. You are receiving this NTC because you are located in a Priority 2 basin for the Nitrate Control Program. See Attachment 1 for a map of priority groundwater basins/sub-basins.
This Nitrate Control Program NTC requires that you choose between two compliance pathways:
Pathway A: New individual permitting options. The Board will set more stringent nitrate requirements in your permit to ensure that nitrate impacts will not cause a problem for drinking water users.
Pathway B: Form or join a Local Management Zone with other Permittees. A Management Zone is an association of permittees that work together to reduce nitrate loading and to provide replacement drinking water to communities and individuals whose wells are impacted by nitrates.
Pathway A offers several individual permitting options, all of which set stringent nitrate requirements on all dischargers that have nitrates in their wastewater. The Board expects that, for many permittees, Pathway A will require significant upgrades, extensive monitoring, and a rigorous technical justification that wastewater will not result in any exceedances of the nitrate standard over a 20-year planning horizon. Pathway B is a new permitting approach that allows multiple permittees to form or join in a Management Zone in order to comply with the Nitrate Control Program. Pathway B Nitrate Control Program
provides a collaborative, locally managed, cost-effective and flexible approach to program compliance.
In order to make an informed decision and meet critical program deadlines, it is important that you take action now.
Step 1 - Before You Decide on a Pathway
Before you decide on a permitting pathway, the Board recommends that you visit the website https://www.cvsalinity.org/nitrate-program/for-permittees/for more information on the Nitrate Control Program, including:
1. Nitrate Control Program requirements and timelines
2. Conducting an initial assessment (individually or collectively with other permittees) of your discharges and nearby groundwater conditions
3. Forming or participating in a Management Zone in your area
4. Requirements and templates for deliverables (e.g. Early Action Plans, Management Zone Proposals and Alternative Compliance Project proposals)
5. Answers to Frequently Asked Questions
The Central Valley Salinity Coalition will host a webinar on the Nitrate Control Program requirements on February 29, 2024 from 9:00 a.m. to 12:00 p.m. More information on the webinar can be found at https://www.cvsalinity.org/nitrate-program/for-permittees/.
The website will be updated regularly, so be sure to check back frequently for the latest information. Questions and information requests can also be made by sending an email to: [email protected].
A full copy of the Salt and Nitrate Control Program Basin Plan language can be found at:
https://www.waterboards.ca.gov/centralvalley/board decisions/adopted orders/resolutio ns/r5-2020-0057 res.pdf
Step 2- Make a Pathway Choice and Begin Meeting Program Requirements
IF YOU CHOOSE PATHWAY A
General Requirements for Pathway A (Individual Approach) are as follows:
1. Assess your nitrate impacts to shallow groundwater.
2. Prepare a Nitrate Assessment Report that categorizes the impact of your discharge over a 20-year horizon. There are five categories for permittees choosing to comply under Pathway A.
4 Nitrate Control Program
3. Complete the Notice of Intent (NOI) that indicates your election of Pathway A.
An electronic fillable PDF version of the NOI is available at:
https://www.waterboards.ca.gov/cvsalts/forms temps_guide/nitrate noi form. pdf. A hardcopy can be sent to you by sending a request to [email protected].
4. Prepare an Early Action Plan (EAP) that will provide affected residents interim drinking water solutions where drinking water exceeds nitrate water quality objectives.
5. If a discharger is in Category 4 or 5, develop a proposed Alternative Compliance Project (ACP) as an additional condition. Any proposed Alternative Compliance Project must be in addition to activities that a permittee would implement to achieve their individual discharges full compliance with the nitrate water quality objective. An example ACP could include connecting septic systems to a wastewater treatment plant.
6. Submit your NOI and Nitrate Assessment Report to the Central Valley Water Board no later than February 26, 2025. Permittees that are required to complete an EAP and/or ACP proposal must also submit these documents with the NOI.
7. Obtain Central Valley Water Board evaluation and approval.
8. Initiate EAP (if applicable) within 60 days following submittal of the plan, unless otherwise directed by the Central Valley Water Board.
More information on the Pathway A requirements can be found in the Pathway A guidance document:
https://www.waterboards.ca.gov/cvsalts/forms_temps guide/nitrate guidance.pdf
IF YOU CHOOSE PATHWAY B
General Requirements for Pathway B (Management Zones) are as follows:
1. Permittees in a Management Zone work collectively to develop a Preliminary Management Zone Proposal and Early Action Plan (if applicable). The Early Action Plan must describe how the Management Zone entity will provide affected residents interim drinking water solutions where drinking water exceeds nitrate water quality objectives. Management Zone submits these documents to the Central Valley Water Board no later than December 28, 2024.
2. Management Zone initiates EAP within 60 days following submittal of the plan, unless otherwise directed by the Central Valley Water Board. 5 Nitrate Control Program
3. Permittees submit an individual NOI that indicates their selection of Pathway B to the Central Valley Water Board no later than February 26, 2025.
An electronic fillable PDF version of the NOl is available at:
https://www.waterboards.ca.gov/cvsalts/forms temps guide/nitrate noi form pdf. A hardcopy can be sent to you by sending a request to [email protected].
4. Permittees working together as a Management Zone develop and submit a Final Management Zone Proposal, 180 days after Central Valley Water Board's review of the preliminary proposal.
5. Permittees working together as a Management Zone develop and submit a Management Zone Implementation Plan, 6 months after the Final Management Zone Proposal is accepted by the Executive Officer of the Central Valley Water Board.
Document submissions can be sent via email to [email protected] or by mail to:
Central Valley Water Board
CV-SALTS Program
11020 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670
The Central Valley Water Board recommends that the documentation be submitted in electronic format to the email or as a CD mailed to the address above. If you choose to submit documentation as a CD or hardcopy, USPS Certified Mail is the preferred mailing method to ensure receipt of delivery by the Central Valley Water Board.
This NTC requires your response under Water Code section 13260. If you do not respond to this request with the materials specified above by February 26, 2025, you may be subject to enforcement actions, including actions under Water Code section 13261, which authorizes the Board to impose liability of up to $1,000 per day for failure to submit a report. After February 26, 2025, discharges of nitrate are prohibited unless the permittee is implementing the Nitrate Control Program through either Pathway A (Individual Approach) or Pathway B (Management Zone Approach).
For general information about the Central Valley Water Board's Salt and Nitrate Control Program, please visit: https://www.waterboards.ca.gov/cvsalts/.
If you have any further questions about what is required of you, please email [email protected] or call (916) 464-4675.
6 Nitrate Control Program
Attachment 1: Priority Groundwater Basins/Sub-basins
ENTERPRISE
Legend
- MILLVILLE
ANDERSON
ROSENOOD SOUTH BATTLE CREEK CVRWQCB Boundary
-BEND
DOWNAN DWR B118 GW Basin
ANTELORE
RED BLUFF- • DYE CREEK
Upper Zone Priority
•LOS MOLINOS
CORNING VIN A
Priority 1
Priority 2
WEST BUTTE
Non-prioritized
EAST BUTTE
NORTH YUBA
COLUSA
- SOUTH YUBA
SUTTER
CAPAY VALLEY
NORTH AMERICAN
YOLO
-SOUTH AMERICAN
SOLAND
COSUNNES
SUISUN-FAIRFIELD
VALLEY
PITTSBURO PLAIN
EASTERN GAN JOAQUIN
MODESTO
-TURLOCK
MERCEO
DELTA.MEND CHOWCHILLA
MADERA
•KINGS
• KAWEAM
PLEASANT VA
•TULE
TULA AKE
KERN COUNT
IPOSON
KERN COUN
(WEETSIDE SO
KERN COUNTY
(KERN RIVER)
50 100
Source US Nagonat Park Service
8 Nitrate Control Program
Patrick Pulupa
Executive Officer
Enclosure: Attachment 1: Priority Groundwater Basins/Sub-basins Para obtener una versión traducida de este documento, envie un correo electrónico a [email protected]. (Spanish)
*#***## [email protected]. (Chinese)
Để nhận phiên bản dịch của tài liệu này, vui lòng gửi email đến [email protected]. (Vietnamese)
Yog koj xav tau daim ntaub ntawv no thais ua lus Hmoob, thov xa email rau [email protected]. (Hmong)
[email protected]. (Punjabi)
To obtain a translated version of this document in a language other than what is provided above, please email [email protected].