ITEM: 18

SUBJECT: CONSIDERATION OF A RESOLUTION TO AUTHORIZE THE EXECUTIVE DIRECTOR TO NEGOTIATE, APPROVE, AND AMEND AN INTERAGENCY GREEMENT WITH THE DEPARTMENT OF FISH AND GAME FOR THE BAY PROTECTION AND TOXIC CLEANUP PROGRAM

DISCUSSION: The Bay Protection and Toxic Cleanup Program (BPTCP) is required by Water Code Section 13394 to develop Regional Toxic Hot Spot Cleanup Plans and a Consolidated Toxic Hot Spot Cleanup Plan for submission to the Legislature by June 30, 1999. In order to accomplish this, the Regional Water Quality Control Boards (RWQCBs) are developing regional cleanup plans using a Water Quality Control Policy (Resolution 98-090) that outlines a specific definition of a toxic hot spot, and general criteria for assessment and priority ranking of toxic hot spots, as well as other factors needed for the consistent development of the cleanup plans.

In order to fully comply with the requirements of the Water Quality Control Policy as well as to meet all requirements set forth in Water Code Section 13390-13396.7, the BPTCP will need the continued technical support of the Department of Fish and Game (DFG). Under the proposed interagency agreement, DFG will provide assistance to the RWQCB and the State Water Resources Control Board (SWRCB) in assessing and interpreting monitoring results for revising and finalizing the Regional and Consolidated Toxic Hot Spot Cleanup Plans. This will involve guidance on specific information including, but not limited to, database management, toxicology, benthic ecology, and organic and inorganic chemistry.

The work requested in this interagency agreement will also include production of peer review journal publications on BPTCP monitoring data gathered throughout the coastal bays and estuaries of the State. The peer review publications should allow the BPTCP's methods and findings to undergo continued scientific scrutiny and public distribution, providing the SWRCB, RWQCBs, and all other participating agencies and entities a greater degree of scientific credibility for the program and its findings.

POLICY ISSUE: Should the SWRCB authorize the Executive Director, or his designee, to negotiate, approve, and amend an interagency agreement with DFG not to exceed $456,000 from the Bay Protection and Toxic Cleanup Fund in FY 1998-99.

FISCAL IMPACT: This is a budgeted activity. This interagency agreement is budgeted in FY 1998-99 at $456,000 from the Bay Protection and Toxic Cleanup Fund (PCA 45301).

RWQCB IMPACT: Yes. North Coast, San Francisco Bay, Central Valley, Central Coast, Los Angeles, Santa Ana, San Diego Regional Water Quality Control Boards.

STAFF RECOMMENDATION: That the SWRCB authorize the Executive Director, or his designee, to negotiate, approve and amend an interagency agreement with DFG not to exceed $456,000 from the Bay Protection and Toxic Cleanup Fund in FY 1998-99.

WHEREAS:

1. The Bay Protection and Toxic Cleanup Program (BPTCP) was established by the State Water Resources Control Board (SWRCB) to implement the requirements of Section 13390 et seq. of the Water Code which includes the development of Regional and Consolidated Toxic Hot Spot Cleanup Plans for the enclosed bays estuaries of the State.

2. Seven coastal Regional Water Quality Control Boards (RWQCBs) and the SWRCB have implemented regional monitoring for the BPTCP though interagency agreements with the Department of Fish and Game (DFG).

3. The DFG has prepared written reports on all monitoring data describing and evaluating the results of chemical and biological data collected from the seven coastal regions of the State.

4. The DFG technical assistance to the RWQCBs and the SWRCB is necessary for assessing, interpreting, and managing the BPTCP monitoring data; and for revising and finalizing the Regional and Consolidated Toxic Hot Spots Cleanup Plans.

5. The work to be completed in this contract will include production of peer reviewed journal publication on the BPTCP data. Publication in peer review journals will allow the BPTCP's methods and findings to undergo scientific scrutiny and public distribution providing the SWRCB, RWQCBs, and participating agencies a greater degree of scientific credibility for the BPTCP and its findings.

THEREFORE BE IT RESOLVED THAT:

The SWRCB authorizes the Executive Director or his designee, to negotiate, approve, and amend an interagency agreement with the DFG for an amount not to exceed $456,000 from the Bay Protection and Toxic Cleanup Fund in FY 1998-99.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 19, 1998.

_____________________________________

Maureen Marché

Administrative Assistant to the Board