DECEMBER 8, 1999 DRAFT
MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND THE CALIFORNIA COASTAL COMMISSION
This Memorandum of Understanding (MOU) is between the State
Water Resources Control Board (SWRCB) and the California Coastal Commission
(CCC). The SWRCB is part of the
California Environmental Protection Agency (Cal/EPA), and the CCC is part of
the California Resources Agency.
AGENCIES AGREE AS
FOLLOWS:
The purpose of this MOU is to promote protection of (1) water quality and (2) the uses and resources dependent on clean water from the potential adverse effects of nonpoint source (NPS) pollution. The SWRCB and CCC concur that the State will benefit from a unified and cooperative program to protect and restore water quality.
The authority of the SWRCB and CCC are defined by federal
and State law described as follows:
1. The SWRCB and CCC, in coordination with the nine Regional Water Quality Control Boards (RWQCBs), are the lead State agencies in California for the development and implementation of the Plan for California’s Nonpoint Source Pollution Control Program: 1998-2013 (Program Plan) which has been prepared pursuant to the Federal Clean Water Act section 319 (33 U.S.C. §1329) and Coastal Zone Management Act section 6217 (16 U.S.C. §1455b).
2. The SWRCB and the RWQCBs are the State agencies with primary responsibility for coordination and control of water quality throughout California. The SWRCB and RWQCBs are the State agencies authorized under the Clean Water Act and State law to designate beneficial uses of the State’s waters and establish water quality objectives for protecting those uses. The SWRCB and RWQCBs have a variety of regulatory powers under which they investigate water quality issues; adopt water quality control plans, regulations, and policies; prohibit waste discharges in certain areas; and issue permits regulating waste discharges affecting water quality. The SWRCB is required to provide information to the public regarding water quality issues. The SWRCB also administers several loan and grant programs for the protection of water quality, including the NPS grant program under the Federal Clean Water Act section 319 (33 U.S.C. §1329). RWQCBs also have the authority to order cleanup of waste discharges and to take enforcement actions against waste dischargers, including imposing administrative civil liability.
3. The CCC has the primary responsibility for implementation of the California Coastal Act and has been designated the State coastal zone planning and management agency for any and all purposes and may exercise any and all powers set forth in the Federal Coastal Zone Management Act of 1972 (16 U.S.C. §1451, et seq.) and any amendments thereto or other federal laws that relate to the planning or management of the coastal zone. The California Coastal Act mandates the protection and restoration of coastal waters. The CCC certifies local coastal programs and approves coastal development permits, energy projects, and federal projects within the Coastal Zone in accordance with water quality policies in the California Coastal Act. The CCC protects water quality through the management of development that generates runoff, creates spills, or otherwise affects water quality. The CCC also implements educational and technical assistance programs and coordinates with other agencies to address land-use and development activities that may generate polluted runoff.
4. According to Public Resources Code section 30400, in the absence of specific authorization by law or by agreement with the CCC, no State agency shall exercise any powers or carry out any duties or responsibilities established by the California Coastal Act or by the Federal Coastal Zone Management Act of 1972 or any amendment thereto.
5. According to Public Resources Code section 30412, the CCC, subject to limited exceptions regarding wastewater treatment plants, shall not modify, adopt conditions, or take any action in conflict with any determination by the SWRCB or any RWQCB in matters relating to water quality or the administration of water rights.
Effective implementation of the
Program Plan requires continued collaboration between the SWRCB and CCC. The SWRCB and the CCC therefore agree to:
1. To continue to work cooperatively to implement the Program Plan;
2. To be partners in the administrative coordination of California’s
Nonpoint Source Pollution Control Program (NPS Program);
a. The SWRCB and CCC will be joint partners in developing, implementing,
and participating in interagency coordinating committees;
b. The SWRCB will act as the lead coordinating agency with Cal/EPA
members; the CCC will act as the lead coordinating agency with Resources Agency
members;
c. The SWRCB will serve as the liaison with the U.S. Environmental
Protection Agency (USEPA); the CCC will serve as the liaison with the National
Oceanic and Atmospheric Administration (NOAA);
3. To implement and to track the implementation of applicable
management measures and management practices related to NPS pollution
prevention and control;
4. To modify or add to the Program Plan, including the actions
identified in the
Five-Year Implementation Plans (Volume 1) and the management measures in California Management Measures for
Polluted Runoff (CAMMPR) (Volume 2), in a joint effort;
5. To meet on a regular basis (quarterly) to assess Program
implementation, to discuss existing and proposed projects of mutual interest,
and to consider changes to the Program Plan or MOU;
6. To have staff and management actively participate in regular
updates on implementation of the Plan and identify concerns regarding the
coordination and control of water quality due to changes in laws, regulations,
policies, water quality control plans, or local coastal programs;
7. To work cooperatively through the legislative process to the
extent permitted by law and Governor’s Office procedures to further the NPS
Program;
8. To work cooperatively in the budgetary process to support NPS Program activities;
9. To jointly convene public workshops to develop the next Five-Year
Implementation Plan, no later than three years after the effective date of each
Five-Year Implementation Plan;
10. To report biennially on program effectiveness;
11. To improve
communication with the members of the CCC, SWRCB, and RWQCBs by:
a. SWRCB staff and
CCC staff jointly presenting an annual status report to the CCC and the SWRCB
Members regarding the NPS program;
b. SWRCB and RWQCB staffs consulting with CCC staff regarding NPS projects implemented or ordered by the SWRCB or a RWQCB requiring a coastal development permit issued or reviewed by the CCC. CCC staff will brief Commission Members in advance and take other actions needed to expedite a decision on the project. CCC staff will consult with SWRCB and RWQCB staffs regarding any of their projects that require SWRCB approval; and SWRCB and RWQCB staffs will brief SWRCB Members in advance and take other actions needed to expedite a SWRCB decision on the project.
Nothing herein shall
be construed in any way as limiting of the SWRCB or CCC in carrying out their
respective legal responsibilities for management, regulation, coordination, and
control of water quality or land uses affecting water quality.
Nothing herein shall be construed
to prohibit the establishment of MOUs/Management Agency Agreements/Memoranda of
Agreements with State or other agencies by either the SWRCB or CCC.
MODIFICATION
OR RECISION
This MOU shall become effective upon the date of final
signature and shall continue in effect until modified by the mutual written consent
of both parties or until terminated by either party upon a 30-day advance
written notice to the other party.
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State Water
Resources Control Board Walt Pettit, Executive Director |
California Coastal
Commission |
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California
Environmental Protection Agency Winston Hickox |
California
Resources Agency Mary Nichols |