Ag Waiver (Order)

Update - October 5, 2011

On September 30, 2011, the Executive Officer of the Central Coast Water Board issued Executive Officer Order No. R3-2011-0017 extending the 2004 Agricultural Order until September 30, 2012. Executive Officer Order No. R3-2011-0017 also requires dischargers to implement an updated Monitoring and Reporting Program No. R3-2011-0018.

For more information, visit RWQCB Page on Ag Regulatory Program

Update - September 25, 2011

All businesses/operations that produce commercial irrigated crop(s) must file an electronic Notice of Intent (eNOI) with the Water Board:

Growers who HAVE NOT submitted the eNOI must do so, before October 3, 2011.
Growers who HAVE ALREADY submitted the eNOI should review and/or update their operation and ranch information before October 15, 2011.
Visit RQCB eNOI Submission Page

eNOI Assistance Workshops (Flier)

October 6 (Santa Maria)
October 11 (Salinas)

For further information on the electronic NOI please contact:

Water Board staff at (805) 542-4645 or AgNOI@waterboards.ca.gov
Para información en Español llame a Monica Barricarte al (805) 549-3881

Update- September 1, 2011 (Note: This item was removed from the agenda.)

Dear Interested Parties,

The Central Coast Water Board has postponed the hearing scheduled for September 1, 2011 on Item 17, the staff proposal to renew the current “Conditional Waiver of Waste Discharge Requirements for Irrigated Lands,” with revisions, (Draft Order and Monitoring and Reporting Program (MRP)). The Water Board has postponed the hearing because there is not a quorum of Water Board members who can vote on the Draft Order, MRP and certification of the Subsequent Environmental Impact Report at the September 1, 2011 hearing.

http://www.waterboards.ca.gov/centralcoast/water_issues/programs/ag_waivers/ag_order.shtml

Update - May 4, 2011

The RWQCB met to continue the March 17 workshop and allow people who did not speak in Watsonville a chance to comment. There is not a quorum, so the panel could only make recommendations on how to move forward.

It was another lengthy meeting - with many commenters, a brief ag presentation with updated information on bolstered groundwater requirements within the coalition framework (at which time the line edit and new documents were entered into the record), and staff response/recommendations.

Staff recommended the following changes:

Change from farm OPERATION based triggers to INDIVIDUAL farm or ranch.
Reduce sizing trigger from 1000 acres to 500 acres
Use the UC Nitrate Hazard Index (original UC version that incorporates soil type) to determine nitrate risk
NO additional pesticides will be added to the tier trigger list at this time (there had been significant discussion and even items in the staff report that indicated increasing the pesticide list tier trigger beyond chlorpyrifos and diazinon)

Final Board Recommendations:

Staff to review, compare, contrast and comment on the staff changes and ag coalition proposal components. Staff will prepare an addendum to the staff report and this item will come back to the board at the September meeting.

Update - March 17, 2011

The RWQCB heard additional comments and presentations in Watsonville. Group presentations continued until 4:30, with public participation beginning at 4:45. Chairman Young announced that this item would not be concluded and that additional time would need to be scheduled to 1. Hear additional public content and 2. Provide direction to staff regarding draft revisions. This new meeting will occur in San Luis Obispo in April and/or May.

View March 16 CCVT Comments

Update - March 5, 2011

On March 2, the RWQCB released the newest draft of the Ag Order. This item is on the March 17 Agenda for the meeting scheduled in Watsonville - this agenda item will begin early in the morning. There will not be a vote at this meeting, but a vote on this draft will occur when there is a quorum.

In the newest draft, there were a few material changes: the 1,000 acre trigger (as it applies to non-nitrate-risk crops) was removed, SIP Certified operators (and other approved certification programs) qualify for the lowest tier, Tier 1 & 2 groundwater monitoring and reporting is required every 5 years, and there is additional language regarding stormwater and bare ground. The 1,000 foot proximity to an impaired water body is still a trigger for tiering. Everyone should review the list and know if those criteria apply to their operation (contained in the Summary Document below).

We have prepared a summary of the documents as it pertains primarily to vineyards. I suggest that operators review the summary and prepare written comments with specific language changes (CCVT's comments will be posted soon).

I would also encourage growers to provide public comment at the meeting itself. The SLO Farm Bureau is organizing a bus to take growers to the Watsonville meeting. If you are interested, please contact jackie@slofarmbureau.org.

View March 2011 Draft Summary Document

Update - February 4, 2011

The RWQCB held a workshop to discuss the November draft proposal. Staff is scheduled to submit their final draft and recommendations at the end of February. The item is scheduled for adoption at the March 17 Meeting in Watsonville. There is a chance there will not be a quorum at the March 17 meeting, in which case, the item can not be voted on.

View March 17 Meeting Information

Update - December 22, 2010

View CCVT Official Comments

Update - December 16, 2010 - Notice to Winegrowers

The Proposed Staff Ag Order (released on Novemer 19) represents a SIGNIFICANT change to the current regulation and will affect winegrowers. If a grower uses chlorpyrifos or diazinon OR is within 1,000 feet of an impaired waterbody OR is greater than 1,000 acres, then the grower will not be in the lowest tier (Tier 1). The baseline requirements for all growers (Tier 1, 2 & 3) is greater than the current requirements, and the additional monitoring and reporting requirements for Tiers 2 & 3 are significantly greater than for Tier 1.

View Summary Document of Ag Order Details (This is an excerpt from the Staff Report & includes information on the Tier definitions and an excerpt of the requirements.)

View Complete List of 303d Impaired Waterbodies (Note: Growers within 1000 ft to waterbodies listed for sediment, nutrients, toxicity, pesticides, water temperature,or turbidity are prioritized in the proposed Staff Order)

The deadline for comments is January 3, 2011. The RWQCB will not accept written comments or other written submittals after January 3, 2011. On March 17, 2011, the Central Coast Water Board will hold a public meeting to consider staff's recommendations. Email Comments to AgOrder@waterboards.ca.gov

The Central Coast Vineyard Team is currently drafting comments for submission. Our ideas for your comments are as follows:

Describe your operation and how you protect water quality (cover crops, stromwater management, nutrient management, irrigation management)
Refer to the Tier that you would be in and why it does not make sense in regards to water quality.
Refer to the order requirements specific to your situation and its impact on your operation.
Reference the COST of compliance (adminstration and hard costs).

Please email kris@vineyardteam.org your comments so that we can track them.

For More Information on Staff Proposed Ag Order

Update - December 3, 2010 - Ag Coalition Alternative

Notice regarding the Agricultural Coalition Alternative (View Release) (View Revised Ag Proposal)

Update - November 19, 2010 - Revised NOI & Staff Proposed Order

Updated Notice of Intent

As stated in a November 15, 2010 letter, the Water Board is requiring ALL growers enrolled in the Conditional Waiver to submit an updated Notice of Intent (NOI).

You must submit an updated Notice of Intent (NOI) for your operation and individual ranch(es)/farm(s), as described in the 13267 letter sent to your operation, no later than January 31, 2011.
In addition, if you need to update your NOI information so it can be used for Cooperative Monitoring Program 2010 billing and tax purposes, you must submit your NOI update no later than December 3, 2010. This earlier due date is necessary to process any changes in time for the 2010 billing year. (NOTE: The DECEMBER 3 deadline will not apply to many vineyard owners because the acreage status will not change from year to year.)
Growers are required to submit the NOI form electronically (Visit RWQCB Page for More Information)

Updated Staff Proposed Draft - November 19, 2010

In the evening of November 19, RWQCB staff released the revised Proposal for the Agricultural Order. This new draft differs from the current waiver in that it redefines "tiers" and places greater emphasis on groundwater.

View RWQCB Staff Report (Go to pg 16 & 17 for Tier Definitions and Requirements)

View RWQCB Revised Staff Order (View Tier Definitions (pg 9); General Requirements, Monitoring Requirements, NOI, Pollutant Specific Conditions, Farm Plan for All Tiers (pg 13 - 22); Tier Specific Requirements (pg 22)).

View RWQCB Page for Complete Attachments Final Note

Update - July 9. 2010

As of July 9, 2010, the RWQCB voted to extend the current Ag Waiver through March 2011. In the meantime, RWQCB staff is gathering input from various stakeholders to revise their proposal for a new waiver. Based on the workshop on July 9, staff indicated that they are considering the following options:

Prioritization based on watershed/location/water quality impairment
Prioritize based on risk of farming operation
Possible multiple orders (for different crops) and/or tiering
On farm monitoring for farms within 1,000 ft of an impaired waterbody
Some provisions for groundwater (although it is not clear at this point)

We continue to participate in various processes to provide input and weigh in on what will be staff's new recommendation (expected in Fall). In the meantime, please continue to do your self-assessments (farm plans), attend workshops (track your continuing education), and pay attention to your land in terms of stormwater runoff and erosion.

Central Coast Water Quality Control Board

CCVT Letter (March 29, 2010)

We will continue to monitor this situation and will be providing comments directly to the RWQCB and will be participating with the Ag Alternative Process. It is very important that ag representatives provide both written comments (by January 3) and verbal comments (March 17).