3,511" F-IvI-ur- a Eleni-u J- A bier?; l"'lr. water B?ard? State Water Fteaeurces Centre] Beard EDNFIDENTIAL EVIDENCE CDDE 1152-PRDTECTED SETTLEMENT CDMMUNICATIDN September ?14, 2316 CERTIFIED MAIL ND. 301? HE: INVITATICIN TD MEETING TD DISCUSS PHDVIDING REPLACEMENT WATER IN LIEU DF ISEUING A CLEANUP AND ABATEMENT DRDER Yeu have been identi?ed as the ewne?r andier eperater at an agricultural facility with ever EDD acres in active agricultural preductien en land everlving the Kaweah Aquifer, Tule Aquifer, andier Kings Aquifer within the Tulare Latte Hydrelegic Regien ef the Eastern Ban Jeaguin Valley [the Sub?Basin er Subject Area}. A site map at the lands discussed in this letter is atta chad as Attachment A la the attached Draft Replacement Water Drder (BWD). As veu arc ne?deubt well-aware, average nitrate ecncentratien levels exceed applicable drinking water standards {Maximum Centaniinant Level er threugheut the entire Sub?Basin. {See ?nding 26.} Becauae the nitrate leading asseciated with veur extensive and active agricultural activities has substantially.r is the cf pcliuticn er nuisance" in the Sub-Basin. veu are subject in a cleanup and abatement crder under Water Cede sectien 133M. Allheugh we believe the State Water Researces Ecntrei Beard {State Water Beard} has the legal authcritv and evidence tc issue an erder cempelling vcu and cthers te clean up er abate the effects at the nitrate centaminatien in the Sub?Basin. including a previsien requin'ng that veu previde uninterrupted replacement water. eur immediate cencern is previding a safe and reliable water supply? te the cemmunities and individuals whe relv en the Sub?Basin as a drinking water scurce. Tc that and, rather than Issue a cleanup and abatement andier replacement water erder new, this is te request that vcu attend a cenfidential settlement meeting le discuss the pessibilitv ef a greup ei agricultural preducers eperating in the Bub?Basin agreeing to develep a water replacement plan and previde uninterrupted replacement water fer nitrate-impacted drinking water wells and supplies in the Bub?Basin withcut the need fer an erder. If we are unable te reach an agreement the State Water Beard is prepared te issue a cleanup and abatement andicr water replacement crder similar tc the cue attached iterate and accerding te the precesses described belcw. The meeting will take place at: University at Califernia Estensien, Tulare Ccunty 443? Seuth Laspina Street, Suite Tulare, California 932M Thursday. Bcteber 13. ENE Starting at 1t]:l]l] AM I - .- 5 I'r- :Ilrll Will I E-Irric'. l-?i LI Ill-.I 135.11 mitt: vIv'vr Willard-5.1M; 2 September 14. Edte? An Agreement to F'revide Replacement Water has Advantages Dver a lilleanup and Abatement Under The State Water Beard weuld rather negetiate a "ne admissiens? agreement te develep a water replacement plan and previde replacement water than issue an erder under Water Cede sectien 133M. We believe deing se will be censlderably less cestly and mere equitable fer all the respensible parties. and seive the acute public health preblem nitrate centaminatien is caesing faster and mere ef?ciently. Aise. under such an agreement. there weuld be he need fer a finding er admissien cf liability fer the centarninatien. If the State Water Beard adjudicates this matter and makes a finding that yeu and ethers are respensible parties under Water lBede sectien 133%. it can erder ycu te clean up and abate the effects at the nitrate centaminatien. in additien te erdering ycu te previde replacement water. Elf ccurse. this weuld be a much mere cestiy result and liability under Water Cede sectien 133% is jeint and several. Even if after entering an erder the State Water Beard exercises its discretien net te pursue clean up and abatement and eniy erders replacement water. a finding cf respensibility wculd be binding en yeu with respect tc third?party lawsuits by ether individuals an dier water suppliers. expesing ycu te ccnsiderable additienei financial risk. The State Water Beard has a Duty te Sclve Drinking Water Ccntaminatien Preblems in the Sub-Basin On February 2d. 2m 3. the State Water Beard published its Repert te the Legislature entided Recemmendetiens Addressing Nitrate {tentaminatied in Sreundwater {the Ftepert}. The State Water Beard prepared the Repcrt as part ef its legislative mandate in develep pilet prejects fecused en nitrate ccntaminatien in the Tulare and Salinas Basins. where an estimated 2.6 millien peeple rely en greundwater pelleted by nitrates, including many ef the pcerest communities ef IGalifemie. The Ftepert ccntains specific recemmendatiens te the Legislature. The ?mest cn'tical" recemmendatien is: ?that a new funding scurce be established te ensure that all lISaiifernians. including these in DACs. have access In safe drinking water. ceneislent with AB 585.? AB ESE is rammehly referred is as the Human Ftight tc l A'ater Act. The State Water Beard's duty te pretect and enhance acwss te safe drinking water is mere preneunced new than it was when the Ftepert was issued because the Divisien ef Drinking Water was transferred le it frem the Department el Public Health in July Elli-4. The Repert's seccnd reccmmendatien is te use existing autherity under the Water Dede, including Water Cede sectien races. in nrder parties respensible fer nitrate centamlnatien te previde replacement water te impacted cemmunities. Despite having identitied the meet cn'ticel geal at establishing a new funding seurce well ever three years age. ne new funding eeurce has been established. Accerdingiy. the State Water Beard is net in a pesltien te perferrn its duty and selvs the acute public health new plaguing lhe Tuiare Lake Hydrelegic Regien. generally. and the Sub~Basin. specifically, witheut having lc resert tn the existing teel cf Water Cede sectien 133M cleanup and abatement andier water replacement erders. Nitrate Centaminatien in the Sub-Basin is Severe and lEaused by Agriculture Average nitrate cencentreticns in the entire Sub-Basin exceed the MEL. A cemparlsen cf demestic well samples in the Subject Area frem EGGS and 2010 indicates median nitrate ceneentratiens were significantly greater in Edit]. All six cf the state small Water systems ?15te 299 cennectiens} in Tulare Ceunty that have nitrate centaminatien abeve the MCL are in the Subject Area. There are else 35 knewn nitrate-centaminated Public Water Systems 3 la 15 cennecticns] In the Subject Area. in EDDS, 4d percent cl 131 demestic welis sampled exceeded the lleL fer nitrate. Given the increasing trends decumented by the EVIDENEE CODE EIDMIWUHIEATIDN - 3 September 14. 2016 University at Califcrnia. Davis scientists. it is likely an even higher percentage cf dcmestic wells are ccntaminated with nitrate tcday. It is widely understeed that irrigated agriculture is byfar the main seurce cf nitrate centaminatien in the Sub?Basin and that the ratie ef its centributien is increasing. One peer?reviewed study feund irrigated agriculture's centributicn tc nitrate ccntaminatien in the Salinas and Tuiare Eiasins ts be as high as 95 percent. ln'igated creplands in the Tulare Basin centribule appresimately H.505 tens ef nitrcgen per year te grcundwater. which is equivalent te apprcaimately tens ef nitrate leaching te greundwater per year. The upward trend cf irrigated agriculture's centributien tc ccntinuing nitrate centaminatien in recent years is net surprising in light at prcductien figures. in the last ten years. creps grewn in Tutare Ccunty have shifted dramatically tewards rncre fertiliser and irrigaticn intensive Batten. barley. and wheat have given way te citrus and nuts. At the same time. nilrcgen cencentratiens in irrigatien water are increasing. and gress prcductien cf agriculturai prcducls in Tuiare Ceunty rese areund $4 billien annualiy in 2005 tc ever $3 billicn by 21314. A Basin-Wide Selutien Benefits the Pubfic Interest and Farmers After carefully censiderfng cur eptiens. the State 1Irfii'ater Beard believes taking a Easinrwide appreach te previding safe drinking water metres the mast sense. While typical fate and transpert analyses etten identify the mast substantial centributers tc nitrate centarninatien they dc net identify all at the substantiai centributcrs because nitrate leading frem irrigated agriculture is ac diffuse. The prcbiem at identifying substantial is magnified in the Sub-Basin because it is essentially a large valiey filled with permeable sands and gravels. This means hydrelegic gradient and presimity te a ccntaminated well is net necessarily sufficient te identify substantial centn'buters cf nitrate ccntaminatien. In the last [we years. the Office at Entercement has negctialed several replacement water agreements with individual er grcups ct farmers amend the state. in each caser the farmers have neted that, despite the class. dewngradient presimity ef ccntaminated drinking water wells te their agricultural eratiens. ether epe raters in the vicinity are lilteiy centn'b uting tn the but are net being aslted te centribule te the sclutien. In these cases. the farmers have alsc been reluctant te identify ether farmers in the vicinity whe they believe shculd participate in sharing the at a sclutien. rit Sub-Basin?wide appreach allews fer greater cest spreading amcng a larger greup cf patentially respensible parties. mat-ting the develcpment at a scluticn mere equitable and cast effective. While we have invited eniy 2? farmers with the largest cperatiens in the Sub?Basin tc this initial meeting. te be fair. it is cur intenticn te include all 'i.tlt}tt farmers we have identified with substantial agricultural eperatiens In the Sub?Basin in develcping and paying fer the remedy tn the extent tegisticaity feasible. The attached draft HWD is drafted in this fashicn. i-Icwever. because the largest irrigated land ewners have the greatest stairs in the cutceme. we decided it is te begin cur dialegue with this greup. The State Water Beard has the Autherity and Evidence te Issue a Cleanup and Abatement Drder The State Water Beard has develcped the evidence te prcve that each cf yen. and potentialiy many ethers. caused er centributed tn the cenditien cf pelluticn er nuisance that exists in the Sub-Basin. We invite yeu te carefully review the specific evidence we have cited in the attached RWD. Under Water Cede sectien tssc-t. any perscn whe has caused er permitted. causes er permits. er threatens te cause er permit any waste In be discharged er where it is. er prebably will be. discharged inte waters ef the state and creates. er threatens te create. a cenditien ef peliutien er nuisance. may be erdered by the State 1ri'v'ater Etcard tc cleanup er abate CONFIDENTIAL. CODE SETTLEMENT - 4 September ?14. 2015 the effects of the waste. Such a person may also be ordered to provide and pay for the provision of uninterrupted replacement water. which may include wellhead treatment to each effected pubiic water supplier and private welt owner. A condition of pollution or nuisance exists when contaminants are present in drinking water at levels that exceed the MEL or. in other words. for the entire Sub?Basin on average. We have developed substantial. credible and admissible evidence to support each of the findings set forth in the attached draft Nevertheless. in the event we are unable to reach an agreement. we might be inclined to phase the directives in the order by ?rst issuing an investigation order under Water Code section 1326?. In order to issue such an order. we need to prove that the burden on you of providing the information we request bears a reasonable relationship to the need for the information and the benefits to be obtained. Based on the known concentrations of nitrate in groundwater and that it is known to originate largely from irrigated agricultural operations. and based on the nature and severity of the threat nitrate contamination poses to public health in the Sub~Elasin, a rogue-st for nitrate leading data as described in Directive i. and developing a site characterization model as described in Directive 2. would easily meet the threshold. Most of the information we would request under Directive 1. including site maps. crop types, fertilizer application rates. irrigation water nitrate concentrations. and plant nitrogen uptake is either already known by or readily available to you. The need for the information in Directive 2 is evident in light of the detailed evidence on the impacts to water quality and likely sources set forth in the main body of the draft RWD. After we reviewed the evidence you develop and provide to us. we wouid decide how to proceed with respect to issuing an order to cieanup and abate the conditions in the Sub-Essie sndier provide replacement water. It is our duty to implement the Human Ftight to Water and to follow through on the recommendation we made to the Legislature over three years ago. To that end. if we are not able to successfully negotiate a mutually-agreeable solution to the nitrate contamination problem in the Sub?Basin with you and other similarly situated farmers. we will perform our duty by issuing and defending investigation and cleanup and abatementfreplacement water orders. To RSVP for the meeting by September 23. 2015, or if you have questions or concerns. please contact Ms. Finn lv'larie Dre directly by telephone at [916} 341 -52?2 or by email at or myself at rats} 341-527? or by email at 5% Christian lvl. IDarriga . Director Office of Enforcement cc: {via email only} Mr. Jonathan Bishop lDhiel? Deputy Director Ms. Ann Marie Dre Ethics of Enforcement enhme rie.ore [Ewe-to rboa rde.oe.oov CONFIDENTIAL EUEDENCE CUBE TIEEPRDTEETED SETTLEMENT CDttI'iftltUt?tlfJATcht STATE WATER RESDURGES BEARD 1331 I Street Sacramente. Caiifcrnia 35314 DRAFT REPLACEMENT WATER DRDER MD. 231 Issued te Ali ewners ef Irrigated crepland in the Eastern Kaweah. Tule. and Kings River Basins. as described in this Order. BDNTEXT AND PURPOSE OF THE ORDER The State Water Reseurees lSentrel Seard {hereafter State Water Beard} finds: This Order addresses nitrate pellutien1 ef drinking water in a pertienef the Eastern San Valley [as defined in Finding 3 and hereafter referred te as the "Subject Area") by requiring all ewners ef irrigated erepiand In the Subject Area {hereafter eellectiyeiy referred in as "Respensible Parties") in perferm an inyestigatien' and preside immediate interim fellewed by permanent replacement water al ne cest persens whese drinking water wells are centaminated with nitrate abeye the State and Federal Maximum lSentaminant Leyels F?ers'ens whese drinking water has been centaminated by nitrates Include individual residences with private demestic wells. state small water systems. and public Water systems {LPAiicellectiyely "impacted Respensible Parties have caused er Permitted nitrate waste te be dlseharged er depesited where it is. er prebabiy will be. discharged in waters at the state underlying the Subject Area and have thereby caused'er centributed te the creatien ef a cenditien ef pellutien er nuisance. The primary s'eurce ef nitrate waste in greundwater beneath the Subject Area is excess fertilizer applied te irrigated crepiand. Respensible Padies' engeing discharge ef nitrate wastes has caused and centinues te cause nitrate pellutien exceeding the MEL fer drinking water in the Subject Area. which adyersely affects the health and welfare ei these whe rely en it. 2. The State Water Beard altirrn?ed In Its 2:313 Recemmendaiiens Addressing Nitrate in Sreundwaterj Raped Ie the Legislature {2313 Nitrate Repertj that the State and Regienal 1Ii'iiater .tl?tuality Sentrel Beards {hereafter cellectiyely referred in as "Water Seards"} will use theif' existing autherity under the Fetteru?elegne Water Quality Centre! Act te'crder parties te previde replacement water te Impacted parties. {See Finding 50.} Because the meet critical ebjecliye set ferth by the Water Beards in the 2013 Raped?establishing a new funding seuree te preyide replacement water fer eemmunities whese water supplies are impacted by nitrates?has net been accemplished. the Water Beards must new turn te the enly remaining teei they have te selye the acute public health preblem created by nitrate centaminatien in the Subject Area. which is its cleanup and abatement autherity under Water Cede seclien 13334. {See Finding Gempliance with this Replacement Water Order may be achleyed by deyeIeping. establishing, and implementing a Water Replacement Plan fer the Subject Area. including a funding seuree fer Implementing that plan. as discussed in the 1 The terms "pellullen' and "centaminalien" are used interchangeably threughuut this Glider. and are de?ned In Water Cede sectten 'iSEieti. 2' The State and Federal Maximum Centamlnant Leyel ceneenlretiens fer nitrate in den Irlng water are 45 ms per liter {mgi'L} as and 'ti} mg-i'L as M. respectively. Public water system includes ?ccmmunity water system.? "nen?cemrnunity water system.? I?hen-transient nen?cemn'iunity water system." and "tran sient nity water system" as de?ned In Health and Safety Cede sectlen 133?5. requirements sectien cf this Order. The 1Water Replacement Plan must Include the prcyislcn cf immediate interim replacement water at nc cast is impacted as well as a strategy fer the deyeIepment ef permanent replacement water fer all impacted in} This Drder addresses the Subject Area in the Eastern San Jcaquin ?y'atley shewn en Attachment 1. The Subject Area primarily cf current and histerical irrigated crepland eyerlying pertiens cf the tellewlng three subbasins cf the San Jeaquin Valley greundwater basin within the Tulare Latte Hydrelegic Regicn: Haweah Aquifer. Tule Aquifer. and Kings Aquifer. Including all shallew grcundwater. lliireundwater is the primary seurce ef drinlring water fer mere than St] percent cf the residents within the Subject Area. The San Jcaquin i.r'alley Is a structural treugh filled with theusands cf feet ef'marine and centihental sediments depcsited by pericdic seawater inundatlen and eresicn df mcuntains. An alluyial wedge cf centinental depesits thickens the yelley margins tcward the center ef the structural treugh. Generally. greundweter is shellewer aleng the margins and becemes deeper teward the-eent'er ef the treugh. Water bearing units within Tulare Ceunty include yeunger andelder alluyiurh. ?eed?basih depesits. Iacustrine. marsh. and centinental depesits,. The elder alluyium is mederately- te highly-permeable and is the majer aquifer fer'the area. The yeunger centlnentat depesits In the Kings and Tule subbasins alse act as a majer seurce cf greurrdwater. Lacustrine and marsh depcsits are fcund in the western pertten cf the subbasins. which centain sills and clay that term aquitards and in?uence the 1rrertical and herizental meyement ef greundwater.. The mest distinguished clay depcsit Is the Scrceran Clay member cf the Tulare-fermatien'. which Underlies the western half cf the Kings and Kaweah subbasins at depths frern EDD te 55D feat. The Scrceran Clay is absent in the eastern parts ef the 4. There are 1.500 Parties in the Subject Area that claim mere than acres cf irrigated all cf whem are named In this Order. Heweyer, the distributien el' irrigated ewnership in the Subject Area is such that feWer than SD Parties ewe mere than Stilt} acres each and held apprertlmately 21 percent cf the irrigated crepland ewnership. thus ecceunting fer a large preperticn cf the nitrate pellutien' leading. 5. The State Water Beard expects tc issue additienal gecgraphically based Water Fteplacernent Orders where Irrigated practices are causing andr?er centributing te similar eendltiens ef nitrate pclluticn ef drinking water. As with this lDrder. geeg'rephically?b'esed Water Replacement Orders fer similar areas are lcgically and reasenably definable in terms ef their greundwater basins. the spatial scale and primary seuree 'et nitrate peilutien. and the distributien ef Parties. ll. AUTHORITY E. This erder requires Parties te submit reperts abeut nitrate leading and crcpiand farming practices. nitrate cencentratiens in irrigatien water used en creplands. and characterisatien cf the impacts in greundwater within the Subject Area. The Water Eeards' autherity te require Parties tc submit these reperts Is set ferth in Water rCede sectien ?1326?. The Water Eleards' need te analyze. characterize. and mitigate the effects cf nitrate centaminatien in erder te pretect human health and water quality justifies and eutw'eighs the expense incurred by Respensible Parties tc prepare the reperts required by this Order. Elased en the nature and seyerity ef the threat is Department cf Water Ftescurces. Field. Ere undwater: Bulletin HS. website. Srdundwater Basin Maps and Descriptiens. newslen?bulletin l?r?cwbaslnselm human health and water quality caused by the Partles? discharge at nitrates. as described in this Order and in vlelatien ei the 1iliater Sade. the burden et the required Inferrnatien. including casts. bears a reasenable te the need fer the Intermatien and the bene?ts te be ebtained. {See Finding 35.] T. Water Cede sectien 133m autherises the Water Beards te issue cleanup and abatement erders. andier replacement water erders. te any persen whe causes er permits waste ta he discharged. er placed where it is liltely te be discharged. te waters ef the state and creates a cenditlen ef peliutien er nuisance. The Parties are such persens. This Order requires the Respensible Parties in previde- and pay fer uninterrupted interim and leng- term replacement water supply te all impacted persens within the Subject Area. as autherised by Oaliiernia Water Oede sectien 133?4ta} This Order requires that the quality ef the interim and leng?term uninterrupted replacement water supply meet federal. state. and lecal drinking water standards and have cemparable quality te that previded prler te the discharge at waste. {Eee Finding 36.} FACTUAL BASIS FDR THE ORDER: EAUSATIDN HARM El. Naturally eccUrring hackgreund cancentratlens ef nitrate in the Eastern San Jeaquin ?v'alley are less The 1998 United States Oeeleglcal Survey repert: Nitrate and pesticides' In greund Water' In the eastern San .leacuin Valley; Oaliternia: Occurrence and Trends.5 states: at cenceniratien at 3.9 mgrl. was selected as'a censervative value representing bachgreund nitrate cancentratlens, cencentratlens are an ln?Ipertant seasideratien. net enly because they indicate the level at te the cenditien ef peliutien er nuisance by irrigated agriculture. hut alse fer determining ceraplianee with the State Water Beard?s Anti-Degradatlen Pellcy {see Finding 45}. and Fteselutien 92-49. which premetes attainment ef backgreund water quality cencentratiens as the geal in cleanup actiens. El. Agricultural activities en irrigated erepland have been decumented as the mest significantseurce ef nitrate centamlnatien in greundvrater In the San deaquln valley regien fer decades. The 1388 Nitrate in Drinking Water Ftepert is the Legislatur?e decumented and atlirrned agricultural practices are the largest seurce el nitrate peliutien in groundwater and are at least as big a threat te drinking water seurces as tetdcs'. [this] repert that nitrate centenrinatlen peses a quantitative threat in the supply et drini-ring water (primarily greund water that is equal te er exceeds that cf the testes issues which have received an Inuch puhlic attentien. One cencern that became apparent threugh cenducling these eiieris was that mest at the data available an nitrate prehlerns cernes from the deeper municipal wells. The generally shallewerlndivldual deinestic wells. ef which there are tens ef theusends in Oaiiternia. are net eiten tested. They are. hewevei; mere vulnerable te nitrate prebierns because they draw their water supply train the shallewer water levels that are mere liirely te he pelleted. 5 Burew. lt.Ft.. Sterlt. SM. and Du Milt. lass. Nitrate and pesticides in greund Wei-Er in the eastern San valley. Oalliernla: Occurrence and Trends: LLB. Oeeleglcal Survey WaterrFieseurees invesligatiens Fiepert tie-deeds. Anien E. (1.. J-L- Eiamicl-rel. and Oil. Schnaihle. fetid. Nitrate in erinl-ting Water: Rep-art la the Legislature. Divisicn el Water Quality Hepart El-Fl??l Oalifernia. State Water lteseurces Oentrel Beard. The iargest seurces cf nitrate in Caiifcrnia greenet Water are these reiaten' te agricuiturai activities, in particuiar these which utilize the appiicatien et nitrcgen in ace fenn er anether. [Emphasis added] The Nitrate in tiriniring Water Repcn.? tn the Legisiature alse centirmed high nitrate ceniaminaticn specifically in the Subject Area: Aieng the eastern harder at that part at the San Jcaguin Vaiiey in Tuiare Ceunhr is a discentinueus heit et high nitrate groundwater which extends tren'I Reading in Fresne Ccunty scuthWard threugh Tuiare ceunty past Deiane-McFariand? Saherstieid in item Ceunty. This trait appears to he asseciateci with crchard', citrus. and ether agricuiturai craps in Tuiare Seunty and a sane et tease, permeahie sandy sciis. Over ES 1veers age. fertilizer applicatien le crepland was identified as the meat. significant seurce cf nitrate centaminatien in groundwater. The Salifemia Department at Feed and Agriculture Nitrate Werlting Sreup discussed agricultural and animal address at nitrate in the 1989 Niu'ate and Agricuittire in Gaiiternia. reperf. The reperl identified Usat' 'there are three majer seurces cf nitrate found In greund water; leaching frem crep preductien urtIan sewage and cancentratad animal waste. The repert netes fertilizer and excessive irrlgatien water appilcatien are resulting' In increases in nitrate centaminatien in grcundvvater. stating. The mast significant nen?peint scurces inciuda farmingeperatiens where animai manure cr niiregen?centaining appiiad. appiicatiens, when asseciated with peretis seiis and excessive appiicatien etirn'gatien water er in areas with shaiiew water fairies, have eentrihuted tn the increase in grcund water nitrates. 11. Ever 2t] veers age a high percentage pf demestic wells within the Eastern San Jeaguln ?v'alley were already testing shave the MCL fer nitrate beneath Irrigated crepland. a. study cenducted try the USES. he?nveen 1.993 and ?19953 analyzed three agricultural landuuse settings in the eastern alluvial fan cf the San Jeaauln ?v'alley'. The shallew demestic vvells sampled in each at the land use settings: almend'. vineyard; cern. alfalfa, and vegetables feund that Sill percent at wells exceeded the nitrate MEL and cenciuded that greundtvater beneath the vineyard and aimend land?use were mere vulnerable tc nen?peint seUrce agricultUral centaminatlch. 12. Fertiliser applied in erepland is by far the least significant seuree ei nitrate leading in a recent cemprehensive repert that demenstrates the magnitude and spurce at current nitrate pellutien. asseciated casts. threat te public health, and patential seluticns'is Addressing Nitrate in Gaiiternia?s Drinking Water, With a Fccus en Tuiare Latte Basin and Saiinas Vaiiey Srcundwater, 2312 {2012 UC Davis Repeal.El This raped was required by Senate Bill {Water Cede sectien The 2S12 US Davis repert cencludes: appiiee' ta crepiand is try far the targest regicnai scarce at nitrate in grcundwater {?96 percent et nitrate in greundwater in the study area is than? appiied tc crepiand}. 1959. Nitrate and Califernia Agriculture, Salifernia Depertrn set at Feed and Agriculture. 3 Screw. HR. Sheltenr J.I.1 N.M.. tits-it. Dccurrence ef Nitrate and Pesticides In Sreund Water Beneath Three Agricultural-Land Use Settings in the Eastern San Jeaauln Valley. Sallfernla, 1993-1995, Water-reseurens Investigaticn Rupert erases. LLS. Sealegical Survev. Hatter et at. 2012. hddressing Nitrate In Salifernla's Drinking Water With a Fccus en Tulare Latte Se sin and Salinas 'v'aliey Sreundwatc r. Rapclf lhe State Water Hascu rces Central Beard Hepcrt is the LegislatLII e. Technieaf Raped. Center ter Watershed Sciences. University ef Saillemia. Davis- Figure 1, belevtr, is based en a similar ?gure item the UG Davis Repcrt and illustrates the relative gmundwater nitrate leading frem majer seurces in the Tuiare Lal-te Basin and the Salinas ?v'alley cembined.m Figure 1: Relative Leading cf Nitrate te Grcundwater in the Tuiare La ire Basin and the Salinas Valley all ether seurces 4% All ether scurces include: Wasteweter Treatment Plants Septic Systems Animal ISerrals crepland Elihu Urban Lagcens The 2012 UC Davis Raped estimates that irrigated .creplands' In Tuiare Seumy centribute approximately T1. Still] tens etn nitreg? per year te greundtvater This is equivalent te apprettimately 318. lens -ef nitrate leaching te greundwater per year. This nitrate waste leading frent- croplands ts gr'eundwater Is current cngeing Into the fereseeable future1 massive, increasing. .and'far exceeds any ether seurce. Respensible Parties? this 318 ten nitrate waste discharge is causing an increasingly severe eenditien =e_f peliutien. ccntaminatien nuisance. and direct threat te public health. 13. The Subject Area is particularlyvulnerable tc transpert ct nitrates frern surface applicatten _te' gr?eundtvateh Significant everlep cf the State Water Board Vulnerable Areas [H?v'Ai and the Galifernia Department at Pesticide Ftegulalien Sreundwater Pretectlen Areas within'the Subject Area indicates increased susceptibility ei greundwater te surface nitrate applicatiens and is predictive at the high frequency at detectiens at nitrate shave the MCL within it. in the-Stale Water Eleard Divisien cf Water Quality created a map Identifying H?v'Asl1 fer the State at Calilcrnis, which indicates that geelegic cenditiens are mere likely to allevtr surface ccntaminants te meve te greundwater thrcugh percelatien. The areas Within the San .leaquin 1'v'alley basin: .. .were delineated as highest "susceptibility"besed an absence cf'the se?caiiad Ccrceran Slay which impedes vertical ?ew tired? shallcw grcundwater re deeger. The 2012 US Davis Hepcrt cembinss data frem 5 Ueunties (Tulane. itings, Kern. Fresne. and Menlsreyi. in determining that crepland centri butes 96 percent at the nitrate feu nd in grcundwater. Of these t'rvs ecunties. Tuiare Geunty had the highest crepland nitrate leading rats tens Nl'yt} and greundwatet leading Intensity [210 lb Niacfyr}. Salinas Valley, fer example, had a. nitrate grcundwater leading rate and intansity frern crepta ed at Ispcc lens my: and 123 lb Niaclyr. respectively. It tlterefere stands tn reasen that Tuiare Eeunty's relative teading I-veuld liltely be even higher than 96 percent, if evaluated separately. l'l Galifemla State Water Rescumes Central Bea rd, Divisien cl Walet Quality. aces. yd rcgecleglcally ?vlulrterabls Areas Map. higher guaiity drinking water zenee acrcee much at the San ire-tie y. Similarly. eetabliehed that identify eectiene cf land that were considered vulnerable. Twe vulnerable eclt ccnditicne and ccrreepcnding pathweye tc grcundwater were identified: j? a ceareenteirtured ccndifien where teaching ie the predcrninant centaminatien pathway and a herdpen iayer ccnditien where rtrnet'ir item the appiicatien eite inte dry weiie er inte areae with high rates in the predcrninent ccntarninatien path we y. Etaeed cn data the Water Beard?e GecTractter grcundwater eyeteru, depth in grcundwater within the Subject Area ie ehallcw. it hae hietcric'ally ranged between apprcitirnatety feet and 85 feet belcw grcund eurface. Tithe, baeed en geclcgic ccnditicne in the Subject Area, including thcee in the and it is apparent that nitrate applicaticn tc ie caueihg er centributing tc a very high frequency at detecticne ct nitrate abcve the MCL within the Subject Area. 14. The agricultural practice cf maintaining "dry 1.vellejl within the Subject Area previdee a rapid pathway fer surface water runcff centaining agricultural chemicalej including nitrate. te reach grcundwater reecurcee. Baeed en the 1998 identiti'caticn cf Direct-Entry Pathwaye Which Agricuitdrai Chemicaie Enter Crcund WaterF3 article. hietcrical etudiee have indicated that an estimated 5,999 abendcned dry wells are in agricultural areae in the Central 1'v'alley. Thie number ie grceetyr undereetimated ae made by cther'ag'enciee tc identify the number and lccatiene cf dry vielle have been due tc"the lack cf participaticn the agricultural ccmmunity. The peeticide Tulare Ccunty identified reiatively impermeable layere cf ecil [hardpanj aleng the eastern pcrticn cf the ccunty where citrue crepe where predcminant; Dry w'elle. vihich capture euriace water runcff and te greundwaterr were cbeerved en the lcwer end at meet citrue grcvee in the area. The'etudy detected peeticidee thrcugbcut the regicnat grcundwater eyetem and that direct-entry pathweye each as dry wetle muet tcward grcundwater centarninaticn: Thetigh the upper garden at the aquifer and uneaturated acne ie generaiiy pceriy permeabie due in ciey'and eiit ienaeer drainage weiie were drifted tn the perrneabie parte Thee] agrictriturai cherniceie which weuid erdinariiy degrade in the ecii and nctreech grennd water have been directiy infc the deeper pcn?icn cf the aquifer where meet euppiy weiie ere ecreened. 15. Nitrat'e_ccntamlnaticn in the Subject Area te merely a legacy lncreaeed ct fertilizere cerrelatee with an increase in nitrate ccntaminated "newer? greundwater ceppliee._ The 1999 Water Cuaiity in the San Jeannin?Teiare Baeine, Caiifernia? repcrt cffere cicn'tpeiting evidence that nitrate ccncentreticna in the grcundwater in the eaetern San Jcaguin Valley have increaeed ever the teat fcur decadee, and dccumente the increaee in eetimated nitrcgen fertilizer use during that came time pericd. In additicn. the USCS repcrt alec indicates. that nitrcgen fertilizer ie the largeet ecurce cf nitrate: '2 Sandcre. .I.. 9911. Catiicmie Department at Feeticide Regulaticn. ndcm: Criteria fer Eetebliehing Cree nd Water Pretecticn Arena. 13 Detvtertinie. e. Fteyce. it. {1999} tdentittcaticn ci Direct-Entry Pathwaye by Which Agricultural Chemicals Enter Greund Water. in Grcund Water Management. Prcce edinge cf the 1999 Clueter cf Centerencee. Heticn el Water Well Aeecciaticn. ttaneae City. [tubrcvet-zy. N. ht? ltrattcr. Cit. Eircvm. LR, Cranberg. .J.tv1., Surcw. HR, 1998. Water Quality In the San Jeaquin-'l'ularc itaeine. Calitcmia. 1992. Circuter1159. Scelcgical Survey. Data from waits in the eastern San Joaquin Vatiey that were iass than or equal to Edd feet deep indicate that median nitrate concentrations increased from the 'l?Et?us to the 1959s. and from the tQ?tis to the ?iQtille. From 'iti?ti to 1980. the amount of nitrogen appiied in the eastern San Joaquin 1it"aitey counties increased from 1? ?id to ME million pounds per year. an increase of 554' percent. The number of dairies and ether coniined?aninrai ieedr'ots. and hence manure production. aiso have increased greatiy during this period. However. estimates indicate that nitrogen tertir'izer is the iargest source of nitrate in the eastern San Joaquin 1itaiiey. In a similar study. the USGS assessed the occurrence and trends of nitrate and pesticides in groundwater in the eastern San Joaquin Valley. The 1993 report15 determined that: nitrate concentrations were associated with recentiy recharged, wait oxygenated ground water that has been attested by agriculture {indicated by the positive Lorre-tattoos between nitrate, dissoilred oxygen. tritium. and speci?c conductance. Current agricultural practices are contributing to high nitrate concentrations. increasing concentrations of nitrate In shallower groundwaterand. Increases in nitrate fertiliser applications from war?races indicate nitrate loading caused by current agricultural practices exceeds historic loading and is contributing to nitrate contamination of groundwater. Increasing trends of nitrate contamination in groundwater continUe to be documented in the vicinity of the Subject Area. The USES. trends in concentrations and nitrate in groundwater in the Eastern San Joaquin Hartley? report clearl showed that nitrate concentrations increased between 1994-1995 and?tltiti.1 with the greatest increases In the shallow part of the aquifer. These increases 'were similar to increases In nitrate concentrations In areal monitoring networks. consisting of domestic and monitoring wells. and increases in deeper public "With respect to change in nitrate concentrations and relation to nitrogen fertilizer use and Irrigation water infiltration {recharge}. the report concluded that: Estimated initiai concentrations of nitrate in recharge indicate an ouerair' increase in nitrate concentrations during the test at} years. which is generatiy consistent with increases in nitrogen fertilizer appiications. ?5 Eturow. tell. Elorlr. Ellis and Dubrolrsl-ty. N.l-rl.. ?lElatEl. Nitrate and pesticides In ground water in the carst San Joe-q utn Valley. Califomia: Uccurrcnoo and trends: LLS. Geological Eunrey Water?Reed urces Investigations Fte port Ere-dudes I: 1. 2?DibromdB-clttoropropane was formerly used in the United States to protect from nematodes. Burow. lit-UL and Shelton. .J.L.. 200?. Temporal Trends concealmtions oi DEEP and nitrate in gated ndnater in the Eastern San Joaquin y'alley. Ealtturnta, usrt. Hydrognetogy Journal. 15. This analysis was traced on a rnonllorlng network of twenty wells. in to sea feet deep. installed norlh oi the Study Puree. The following graph from the see? USES Report demonstrates that the estimated initial nitrate concentrations in recharge generally increase over time. I: I: '15'3 E: II - 1'30 ED HITHUGEN APPLIEATICIN. 1N EGIFAITH NT CONCE 195m 1950 19?] 155i] 11-395 . . . HWHATE DESEHUED EM ERDU MDWATEH NITROGEN AFFLIQHTIUN FERTILIEEH APPLIHTICIN. GURRE ETED TD EEMLILATEU AGE Iii-N Additionally. the report concluded that: Nitrate concentrations were thehighes?t' and most irariahie in the shal'iow monitoring weiis in the regionai areai monitoring in nitrate concentrations and median trainee decreased with depth. Because of the intensive pumping and irrigation recharge. the dominant groundwater tiow paths in the aquifer system are verticaiiy dottinware?. High .concentrations in the shaiiow part of the aquifer couid he eapectedttg moire downdrard overtime, which wouid resuit in increasing concentrations in the deeper domestic and ptihiic?suppiy weiis in the future as water with high nitrate concentrations moves deeper in the groundwater system. - Current agricultural practices are contributing to high nitrate concentrations. Nitrate concentrations in groundwater in the Subject Area indicate excess nitrate leading is increasing over time. Simiiarlg. the USES report, Regional' Nitrate and Pesticide Trends in Ground Water in the Eastern San Joaquin traiiett?? which included a portion of the Subject Area. concluded that nitrate concentrations were increasing over time and decreased with depth, and that drinking water supplies were signi?cantly,r degraded by nonpoint {agricultural} nitrogen. The following graph from the sees USES report demonstrates that the increasing nitrogen fertilizer applications over time generally correspond to an increase in concentrations of nitrate over time in the shallow and deep part of the aquifer system. 1? Burow. HR. Ehelton. . end Duhrovslw. MM, sees. Regional Nitrate and Pesticide Trends in Ground Water in the Eastern San Joaquin IIitalietlr, Caiifornia. Jenn-lat of Environmental Ctuaiitg. ?13. i'u'ierlian cencehlralinn i . Ditallnw wells Munimrine wetlc l'1 02 . - 2 id :15. it} cc Deep watts - . I.- Mecitering wells in Ices-es I 3" 1" El . it'IrcL ace fertilizer . Int HeciigreI Ind :1910 tEIt? 1950 1963i] ltlElt'l DECADE HECHARGED Nitrate analysis perfenned by Third?Party Deailtiens representing grcwers in the Subject Area further decuments increasing nitrate centaminatien trends in greundwater. The Subject Area includes three Third-Party Dealitiens that represent grewers within their respective beundaries: Haweah Basin Water Quality ?sseciatien Tute Basin Water Quality Ceaiitien 21 and the Kings River Watershed Eeatitien .ii.L.Itherit1Ir 22 As part ei- the Waste Discharge Requirement Genera! I?Drders?1 Greundwater Quality Assessment Fteperts were prepared try each ccaliticn. Relevant GARs cenilrrned that the'majerity cf the Subject Area is et high uuinerahility te centaminatien frem surface sppticatieh ef pellutants. The principal fecus ef greundwater quality fer each ccaliticn was nitrate Nitrate analyses periermed by the cealitiens pretride additienal evidence ef an increasing nitrate centaminatien trend ever time. as demenstrated' In the graph heiew item the 2014 GAR. r' - r. i' . Il'r'll all. I. ll. I a- ir mGieIrsr. Reinhard. H. and Elean. G. Etl?i?. itewcah Basin Water Dualityr Weseciatien Greundinrater Dualityr Assessment Rupert. Tuiare Ceunly' Caliiernia. Prevest E: F?ritehard Censulling Greup. Fethery in?. little een. F.. Sc haterI Ft. and De GrceL D. int-Ii. 'i'uie Basin Water Duailty IDuality 4 Creeks. FebruaryAt- GEI Etirrsullents1 Inc. Edict. Kings River Watershed Autherityr Greundwater Assessment Fits-pert. Neuemhsr. Ea Genlral Waite}; Regienai Water {luaiityI Centrel Beard Waste Discharge Requirement General Order El ?Iti- Nitrate concentrations are increasing in dn'niting water wells?not just groundwater? throughout the San Joaquin valley and the Subject Area. a- Groundwater Ambient Monitoring and Assessment Program study documents domestic Wells in the Subject Area are contaminated with nitrate. In Bill-"id, as part of the State Water Eloard GAtle, a domestic well study was conducted in Tulare County in which 131 domestic well water samples were collected from volunteer well owners. The Domestic Wail Project Groundwater Quality Data Report? indicated that over 50 percent of the wells sampled were completed at a depth less than 213D feet and found that sit} percent of well water samples exceeded the nitrate MGL. a. U3 Davis study documents domestic walls In the Subject Area are contaminated with nitrate from agriculture and nitrate contamination is increasing over time. A more recent study completed by UG Davis included collection of samples from Etlti domestic wells between Edit?! and 2011 in the San Joaquin Valley and focused on how various land uses affect groundwater nitrate. The Stilt} identifying Sources of Groundwater Nitrate Contamination in a Large Alluvial Groundwater Basin with Higitiy Diversi?ed intensive Agriculturai found that out of all groups' analyzed Tuiare Gounty wells had the highest median. pittate value and the statistical data indicated that the elevated nitrate levels ?are most strongly associated with citrus orchards' In areas with very shallow-groundwater. The UC Davis analysis suggests that "elevated nitrate levels in well water samples In this area are Iittely due to a combination of a very shallow water table and perhaps excessive nitrogen applications in cttn-Is crops at the time of recharge." The study also compared results to the EDDIE State Water Board GAMA study and demonstrated that wells had significantly greater median nitrate values in the Eti'l ti study Indicating that "?ndings may be evidence that domestic well nitrate levels in wells in Tuiare :Iounty continue to increase." c. Deeper water wells are also becoming more contaminated with nitrate each year. Analysis of Galitornia Department of Health Services sampling data collected between 1934 and 2D1dsh'ows an increase of approximately {1.4 mgiL per year In nitrate concentrations oiweils sampled within the Subject Area. This trend is based on 122 Wells within the Subject Area that had three or more nitrate sampling events during this tirneframe.2H The maiority of these wells are used for drinking water and are therefore believed to represent deeper water bearing zones of the aquifer. 2d. Groptand nitrate application far exceeds dairy lagoon contributions to nitrate loading in groundwater. The acts Gentrai 1Ir'ailey Dairy Representative Monitoring Program Year at Annuai Report {Edie}? concludes that: cropland loading rates strongly indicate that the great majority of nitrogen emissions originate ti?om oropianr-?i, notiagoons. The report assessed dairy operational impacts to water quality with an emphasis on lagoons. it demonstrated that dairy lagoons are typically the smallest management unit i? Galileo-Its State Water Fteso urces Control Board- 2013. [tome stic Well Projet: Groun dwator Quality Data Report ?I'Stliarn Lounty Focus Area- Grou nduvater Ambient Monitorlng and Assessment Program ?L?Bi?t hart It. M. King. A- tut- Hatter T. 331 3- identifying Sunrces of Groundwater Nitrate Contamination Ina Largo Alluvial Groundwater Basin with Highly Diversi?ed Intensive Agricultural Production. Journal of Gontantinant ET'Trend lines of nitrogen analyses were calculated for each well. and the average at the trend line coeti'Iciehts was used to estimate the overall trend In nitrate concemraliuns- 2" orii and Scaltnantnl. Consulting Engineers. Etli a. Central Valley Dairy Representative Monitoring Program ~rear rt Annual iteport {2015}. April 1. Tim B. bound in six pa rts. 1t] en a dairy cempared te animal heusing er agricultural ?elds. The Gentrat 'v?ailey Dairy Representative Menitering Pregram established that the effects at lageen seepage en greundwater are relatively small and remain idealized- The 2016 reperl alse slates that: Etased en current tmewiedge. it is that breducticn agriculture en mest dairies (and itireiy, many it net mast ether irrigated terms}; witt net be abte in meat the Cantrai ttaiiey Water Beard?s standard t'er being bretective ei greundwater 21. Septic Systems are a very miner centributer et nitrate is centamlnated greundwater supplies. The 2D12 LIE Davis Repert attributed enly 1.1 percent at the tetat nitrate leaching te greundwater te septic systems. and cencluded: Tairen as a tn the tetai nitregen iead te grcundwatery septic systems are a miner pr'ebiern. N. THE PDLLUTIGN ARGUMENT l3 FALSE: MASSIVE-EXCESS LOADING FRDM IS- DGEURRING NEW 22. irrigated agriculture is causing massive nitrate waste-leading te greundwater new. Claims that the nitrate centsminatien prebiem was caused leng age by ethers and that farming practices teday are net causing the preblem are false. Teday. nitrate leading arises treat the ever?applicalien ef fertiliser, the use of nitrate?laden irrigaticn water and leaving nitregen in the field after harvest as vegetative matter. Current farming practices in the Subject area are causing the discharge ef nitrate waste en a massive scale that Is severely degrading the: water supply fer mere than E.tb.t'ititiEa residents served by either a public Water system er a state small water system within Tulare Ceunty. The 2012 Lit: Davis Rapert centalns estimates that the current annual waste lead te greundwater in Tulare C'eunty is appresimately 'i1,bt]t] tens ef nitregen per year {er abeut eta-era. tens cf nitrate per year} based en current farming practices. Prejected at this same rate geing ferward. this ameunts is nearly tens et nitregen waste. er ef nitrate waste. leading is the greundwater besin's drinl-ting water'suppiy ever the next ten years within Tulare Ceunty. The 2012 UC Davis Ftepdrt- else characterizes the inherent uncertainty In these types at assessments: White a synaptic assessment such as curs is dih'icuit, and is made with varying degrees at uncertainty, it rises net invalidate cur resuits. Rather, it emphasizes that despite-timited infermetien fer given aspects at car study, our results, made with censervative assumptiehs, indicate that the magnitude cf the ambient far exceeds these degrees at? uncertainty [Emphasis added}. 23. The Subject Area Third?Party Cealiliens' cernprehenslve GeRs verified that nitregen applicatien rates are generally increasing. The materity ef the Subject titres is within the KEthtit and the The figure belcw. trern the HHS KBWQA GAR. shews estimates at applied fertilizer and liveslecit manure fer years 198? la 20-118. and decuments its increasing use in Tulare Geunty. 3?9 The estimate at mere than impacted residents within the Subject i-?trea is a grass underestimate because ef the lack at data an impacted state small systems and almest nenuerdstent data an demestir: wells in Tulare Eeunt?y. 1'1 Nitrogen Applications in Tuisre C?untv n1 In 3 -l 24. Statewide increases in nitregen use on irrigsfed is: be well desumented. The 2&13 UCANR Reperiiu? 2? documents the signi?cant Increase in fertilizer use steiewide ever the pest sevensLizieC-edes .es seen in the 24313 Repert Figure belew. Between 197'3 endE?U?. [,ef'iilizer sales and niiregen applications rates Increased by 31 peresnl end E5 penee?i-_ rsspeeliuely, ssress 33 crepe. 5115 ?Jill! -- - il?ensl ass Elli} 1 195? 10:12 .1 J. I: 1.93? 1WD 1992 1'3'33 1953-11 1135?- REIDJ 2? WJ 1?18 Ei EQUE- Feun d5 07' [tregen i: 1933- Let-:1: [-90 I'M-regain mid: Term Iii-{I Hill I .1.- .1 F+g.l 'hu'lsmtie 5.1.11?. rli mumps Fen-hm, ?Ids-wee 'J-IilillL'e' Ialriurms Department when! andhgucuhuu- ?esemteck. Tedd 5.,et EIL. "Nitrogen Fe?liizer Use In Cs?hrnis: Assessing the Dale. Trends and Way Femsrd. GAL AER 5TH . 12 1IiIfhile the report cited conversion to more fertilizer?intensive crops as a possible explanation for the Increasing rates of fertilizer application. an increase in fertilizer application rates per acre on the same crops over time was also documented. with "an average of 131 pounds of nitrogen applied per acre in Etit?i? versus 130 pounds of nitrogen in tars." Lastly. the amount of fertilizer applied tor various crops was compared to research?established guidelines and typical nitrogen application rates for up to 32 percent of crops ?exceeded the masimum value in the guidelines." 25. According to the recently published 2313 Nitrogen Assessment.? fertilizer use on croplands is reported to be the largest source of nitrogen In California and application rates continue to increase: "iCiropianIts are ovenvheiniingiy responsioie for [nitrogen] ioao'ingr into groundIIvater across the state . with Iii-tie and 333i: from fertilizer- and manure used on crops. respectively. To make matters worse. California croplands are becoming more nitrogen intensive. Nitrogen fertilizer application rates increased an average of '25- percent between rare and EDGE. while "data show the majority of California crops recover Ivell below hall of applied N. with some crops capturing as little as'3ti percent." Indicating a greater threat for nitrogen loading to the environment. The groundwater nitrogen mass balance indicates that 2i3 of nitrates used are accumulating In groundvvater. While fertilizer and manure are the primary inputs. ?leaching below the root zone" and "feed" are the primary outputs. accounting for 32 and 35 peroent'oi nitrogen from cropland. respectively. Taking into account the irrigation and oi historicai nitrate in groundwater: atmost oi the annuai groonIiIvater inputs for secs wouio? contribute to an increase in groundwater iv' storage of 253 Gg yr rascsrer Iv ya.? U. IMPACTS TC DRINKING WATER llil TULARE AND THE SUBJECT AREA 23. The total number of nitrate contaminated drinking water supply wells (in excess of the iviCLj is increasing and is concentrated within in the Subject Area. The Subject Area is one of the most nitrate Impacted areas in Tulare County. a. 36? of Tulare County's TI [51 percent} F'ubiic l i'iater Systems with nitrate iv'iCL esceadances are located within the Subject Area Furthermore all 3 {ttil} percentj? of Tulare Countys state small water systems with nitrate exceedances? are located within the Subject Area.3f b. These statistics do not even begin to fully characterize the extent of the nitrate contamination problem because there is no nitrate sampling date for 33 percent of Tutare County?s SWSs. no systematic testing of domestic wells. and systems with nitrate concentrations just below or approaching the MCL are not reported here. 33? homas P. Tomlch Sonja EI. Eirodt. Ra ndy A. Dahigren. Hate M. ScoIv. core. The California Nitrogen Assessrn cnl: Challenges and Solutions for People. Agriculture. and the Environment- University of California Press. 1 gigagram ngj? 1. it}? shorttons it} 3 Division of Up nI-Iing IIii-tater Quality Monitoring database. Data ranged from 1M IiiE-Uii-tii?l? and was extracted on The 31 County? wide systems esperlen ced lviCL escaedances ever this time drama. but the 33 Subject Area systems espe rienced escaedances within the test years- 33' Eiang sund. Kevin. Tulare County I- Ioalth and lumen Services. "Rn: Ivon- Drinking Water System' in Tulare Co." email message lo Brenda Pauli. t'v'iay' 23.2?1?. 3" The data for Tulare County drinking water systems Is not comprehensive and it Is certain there are far more wells and drinking water systems {in both the CounIy and the Banjos titres} which it tested. would exceed the nitrate These numbers also do not factorrin any do mealio well data. '13 c. The EDDIE GAMA domestic wait study cited in Finding 'tEta conducted in Tulare County found that 4b percent of the 1st domestic wells sampled exceeded the nitrate tleL. Given the substantial evidence of increasing nitrate trends in groundwater suppties, new, 1t} years later, it is a virtual certainty the percentage of contaminated Wells would be higher. both in Tulars County as a whole] and within the Subject Area. Disadvantaged communities are being burdened with the externallsed costs of irrigated agriculture associated with fertilizer application. In E?dt. a report summarizing two Disadvantaged Community water systems within the Subject Area documented elevated and increasing nitrate concentrations that have placed a burden on these communities to fund extensive capital improvements and operations and maintenance costs to suppty safe drinking water. its part of the Northern Tulare Connty Regional Safe Drinking Water Project. Drosi Public Utility District Cutter Public Utility District and Alta Irrigation District funded a preliminary study to evaluate available alternatives to solve their individual water needs due to groundwater contamination. according to the study, and DPUD rely solely on groundwater supply for the residents of the unincorporated communities of lDrosi and Gutter' In Tuiare- county. which are both included In the Subject t-?trea. The Ebb? Water Subpiy Study, tit:ttiev?tIirosititres??5 report concluded that there is a need for an alternative drinltingwater-source as "water testing for all eto'sting and new walls have shoWn elevated nitrate concentrations that are continuing to increase over time." Cutlerr?rosi area water systems have been required to incur the costs of and implement nitrate mitigation projects. By way of example, Cutler PUD incurred the cost to drill a new-.wetl and build a treatmentibtending facility. Although State funding was available for some. of the capital costs of these projects] the increased and ongoing operation-and maintenance costs continue to be borne by the water systems and the impacted DAISs they serve. Nitrate pollution in the Subject Area disproportionately impacts the health of persons in Dth. The 2012 Lit: Davis Report-states the iotlowing with respect to human health effects and impacts on ones: High ieveis of nitrate affect. human heatth infants who drintt water {often mixed with baby formuta} containing nitrate in excess of the maximum contaminant ievei for drintring water may ouictdy become seriousty itiand, if untreated, may die because high nitrate tovets can decrease the capacity often infant?s biood to carry oxygen tmethcmogtobinemiaj or "biue baby High nitrate ievets may atso affect pregnant women and adutts with hereditary cytochrome b5 reductase deficiency. in addition, nitrate and nihite ingestion in humans has been iintred to goitrogenic actions on the thyroid gtand (simiiar to perchtoratej, fatigue and reduced cognitive functioning due to chronic hypoxia moternet reproductive compiications inctudiog snootaneoua abortion] and a variety of carcinogenic outcomes deriving ii'om Nanitrosamines formed via gastric nitrate conversion in the presence of amines Ward et at. sees}. [Page 9] Susceptibie Popuiations Groundwater nitrate contamination brings two forms of bubtic heatih ristrs and the economic costs of avoiding such risirs through treatment, source reduction, remediation. or aiternative water suppiies. Satifomis?s 'i'uiare Loire Basin and Seiinas trottey are particuiarty susceptibie to nubiic heaith and ?nanciai risirs from nitrate contamination tor the foitowing reasons tt-toneycutt etai. 35 ttaller. Unit. and Wegiey. .J.H., tutti. Water Supply Study. Cutler?Drasi Area. Hatter and Wegley Engineeri pg, 14 I Ccmmunities in this regien are unusuaiiy dependent en groundwater. Less than 3 percent at the area's ecsuiatien is served surface water atene. I These areas have mere and iarger nitrate ccntaminatien scurces than mest ether parts at Caiiternia {triers et at. 2012,]. I Cit the regien?s 4'02 cemmunity puhtic and stateddecumentad state smaii water systems, 2T5 are very amaii (15?500 cennestiens} and 53 are smati {set?sees cennectiens) {Fights 14}. Smaii and very srnaii systems are sheut 31 percent at Tuisre Latte Basin water systems {serving 89.125 assets, 4 percent at the peputatien} I Many at these smati systems reiy en a singie wait, witheut emergency aiternatives when eentsminatien is detected. These smati systems are inherentiy iess reiiahie and fa ce high er per capita expenses tc address nitrate centaminatien ct greune'water. I Reughiy res Jcement and 2.5 percent at the gepuiatiens Latte Basin and Saiinas ?v?aiieyra? respectiveiy, use unregeiated. unmenitered demestic tvetis, serving 245; cue peegte tram Facet} waits [Figure 15}. a The area has many peer cernmunities that cannet atterd'drintting water treatment er canitai?intensive siternative water sceptics: Ever percent et the Tuiare Latte Basin iives in eeveity. [Page 28. Fersens frern Dh?s de net have entices fer alternative water and many in the Subject Area rely sclelv en nitrate?impacted greundtvater. The 2012 US Davis Ftegcrt deeument's that-a large percentage at the Tutare Eeunty aegulatien lives in neverty and cannet siterd drinking water treatment er capital- intensive alternative water supplies; The disprepertienate seat at nitrate peltutlen an small. rural Iew-incerne cemmunities is ._a_lse dccumented in the Paci?c Institute's repert: The Human East at Nitrate-Gentarnlnated Water in the San Jesquin Valley, 212111 {2011 Pacific Regent-? _The 2011 Pacific institute Regen the disprenertienate cest bLIrden anti health threat te small. rural in Tulare Eeunty. and stateS: Etna third at residents surveyed used their centaminated tap water drinking cr ceeiting and there than haii at these surveyed did net knew that their water system had a nitrate prehiem. Spanish?speaking heuseheids were even tess te knew at the cen?taminatien. The seats at avciding unsafe tap water by purchasing aitern ative Water as urces andrer using ?tters represent a significant prepertien cf heuseheier incemes-?mere than 1.5% etheuseheiri inceme ter Ttitita etsunreyed heuseheids. With the cest etcuhiic water service added, the average tetai heuseheid water cests censtitute 4.6% at median heusehetd incemel mere than three times the threshcid icr drinking water racemnrended hy the US. En vitcnmentai Preteetien Agency (EPA). Individuals, srnatl eernrnunities, water purveyers, water districts. and municipatities threugheut the Tulare Latte Basin are incurring tens ef rniltiens ef dellars in casts fer new watts. blending, and treatment te aveid nitrate centsminaticn. Alt at this seat is being herne by the subtle. rather than these reagensllate fer the nitrate pellutien. 3'5 The Fifi percent ?gure fer lhe Salinas "Italiey is a censervative estimate fer the peg ulalien using demestic wells. Genital Guest Reginnal Beard staff analysed pepulstten is regulated netahta water systems in Monterrey Gnu nty and that St] percent at the peeuletien. er sheut 131.593 panels. in enterny ?eunty gel thelr drinking water [rem either a demestlc welt er lecat or state small water system. Meme. E1i- Mataten, Evsl. The Human Casts ct Nitrate?centaminated Drinking Hester tn the San Jeaguin Vaiiey. Paci?c Institute. 21311. ttvsilshte here; g'ster-in-tg ?15 ES. Tulare ISountgir has both a high povertyI rate and a language barrier that can combine to exacerbate nitrate contamination impacts in the Subject area. a. In EMS, the California Budget at F'oliEBy Center reported the poverty.r level in Tulare ISounti.r at approximately,r 25 percent. Tuiare County has the highest percentage in the state of residents who are struggiing to meet their most basic needs, according to a new United Ways of Caiitornia report . . . The report, titled ?Etruggiing to Get By: Real Cost Measure in Californian Sti?i ti, uses a methodoiugrv from the Federai Poverty i_e vei, an archaic d??year?oid measure based primariiy on food costs. Real Cost I'vieasure. in contrast. targets more comprehensive basic needs that include the costs ofhouaing, transportation health cargo child care andr taxes. The numbers are more dismai than the poverty iavei because their inciutie- costs such as utilities and water that nonmaiijir are not taiten into cdhsideratien" When you pay StEd for water it has a ripple effect.? b. Over 45 percent oi the Tulare County' population resides-in househetdain which Spanish is spoken at home. This percentage is even higher within in the Subject Area."? Spanish?speaking households are reported to. beless littetv to be aware of nitrate contamination in groundwater and therefet'e more litteiyr to'be impacted by it. AGRICULTURE 1N TULARE AND THE SUBJECT-SHEA 3S There Is a start: contrast between that increasingly bear the burdens of nitrate pollution and the Responsible Parties who benefit from soaring agn'cuiturel production and revenues. The Tulare tilount},I Agricultural Commissioner publishes Annual Crop Reports?11 that demonstrate increaslng agn'cLiiture production values overtime These increasing revenues are due to increasing .oro'pvaiues. increasing farming efficiencies and effectiveness and increasing yields. The Edi-t Tulare County Stop Report slates that higher nut and citrus revenues are being caused by higher prices The 2W4 Tulare Sauna.r Crop Report states that the total production value for Stitr-l was SS. SS4 billion. Figure 2 on the next page. illustrates the production velua trend from to 2S14. based on the Countyr SgricuitLIral Commissioner's Annual Crop Reports. 3'3 httc:iicalh: at- paverlv~irI--calitcrnini ?9 htto: iiwvnu visettatirnosdcita. ?farmworhers- -viaa_ ia_- sot}: ia_i :Stetisticei arias. httou'istatisticalaiias. comicount?vi?ai tiorn: ai?l'uiare- -Coun_tviLar__it1uage_s ?Tulare County An nual Erop Reports are available online at: ht'n: iiaocurnm- cc. tIJIarc- ca us'deiaullirndeu invstanda rds- and- -ouara ntine-?crob-re lsti Figure 2: Tulare Eeunty gress preductien value in billiene ef dollars Biliiens ef Dellars Lu I I Gross Preductj en valua He ?in? ts Ewes {lifts 31. Agricultural preductien in the Central 'v'alley h'ae trended teward mere intensive nitregen fertilizer use ever the past few decades. The Tuiare l[Iteunty annual Cree Fteperts decunrent the significant shift in agricultural preductten ever the past several decades frem crepe and land use fertiliser. such as eetten. barley. and wheat, te crepe that require mere-fertiliser. euchas citrus and nuts.? Harvested acreage In Tulare Ceunty frem 1994 la 2?14 has increased 545 percent fer pletachies. as percent fer walnuts. 264 percent fer almends. B4 percentfer lernens. and percent fer tangerines. Meanwhile, Tulare lDeunty saw decreases at hawested acreage in the same timefrarne ef 2.114 percent fer barley. EBB percent fer wheat. and 599 percent fer cetten. In additien te the shift tewards rnere nitregen intensive crep types such as citrus and nuts. mere-nitregen is being applied teday te the deminant crep types ef fifty years age such as cetten barley and wheat than it was then. Increased nitregen applicatien rates In Tutare Geunty are taking place at the same time as beth revenues _'and Increasing greundwater centarninatien impacts.? 32. Tutare Ee'unty crep reperts shew that citrus and nut crepe derninate the irrigated crep acreage in the Subject Area. with appresimateiy 59 percent in citrus and 11 percent In nut crepe. Figures 3 and 4. belew. shew the increasing ceuntywide trends In acreage devcted te citrus and nut creps. deeh ua H. ?v'iers. at at. 2011?. Addre esing Nitrate In Galitemia?e EIrInIring 1rl'II'ater. Technical Repert Nitregen Seurcee and Leading te lt3reundwater. Altheugh. teday cetten and wheat have higher average applied nltregen rates than citrus and nut crepe. eeitee and wheat had Iewer nitregen applicatlen rates the middle cf the at} century when they were deminant crepe- ?1 Harvested acreage in Tulare County [rent 1994 te 3314 have increased 845 pa rcenl fer pistes tries. 53 percent fer walnuts. lat-t4 percent fer :14 percent fer lamene. and mat percent fer tangerines. Tulare Ceunty saw decreases ef harvested acreage in the same drnefrarne at 2.114 percent ter barley. Edi] percent'fer wheat. and E599 percent fercette n. 1? 120,000.00 100,000.00 i Harvested Acreage 0.00 50,000.00 05,000.00 40,000.00 35,000.00 30,000.00 25,000.00 20,000.00 15,000.00 10,000.00 5,000.00 0.00 He nested Acreage Figure 3: Citrus Acreage in Tulare i i Dra nge {Naval and Valenclas] TangerineYear Figure Harvested Nut Acreage in Tuiere Ceu htI?.ft rn0nd5 w-Pietachins I - Walnuts - - l1.13 :0 hi L "l Dill CI a rl IFF E1 Ir'l t?I El "fear 33. 0000000 animal cperatiens are net slgni?cant t0 the nitrate centarnihaticn prehiems in the Suhject?rea. There are LUCIE: acres 01' ceniined enirnei agriculture in the These facilities make up apprtatirnateljtr [1.4 percent at the .entire acreage cut the The 2131?. UC Davis Report 45 etetee lhat animal canals and manure sterage hath centrihute an average of 163 it: Niacfyr in [he Centrat Valley and Selinee, which is. iewer than the rate fer cropland Nitrpgen ieading 012210 lb Nieciyr." VI. LEGAL AND BASES FDR URDER 34. Because the Parties {cUrrent ewners at land within the Subject Area} have saused andier suiaetantieilyr t0 the cenditien 0f peilutien 0r nuisance and ?4 ?I'hia enl 0i dairy acreage is based an ED 14 Deparlment 0f Gensewatlen data. Harter, at al. 2012- Addressing Nitrate in Galiiemia'e Drinking Water Wilh a Peace 01': 'I'ulere Latte Baain and Salinas Valley Groundwater. Raped fer the State Water Fieseurces Beard Repcrt [0 the Legislature. Technical Regen. Genie: icr Watershed Sciences. L.In 1..rersit1.r 0i Galiicrnia, Davis. 13 exceedances of the water quality objectives, as set forth in die forgoing findings, they are each and severablyr responsibie for, and must submit reports their nitrate loading and impacts to groundwater, and provide immediate and uninterrupted replacement water for Impacted drinitlng ureter supplies. 35. Section 1326? of the California Water Code specifies, in part, that the State Water Board: .. .in connection with any action retating to any pian or requirement authorized by this division, may in vestigate the guaiity of any waters of the state. .. tbif'i} in conducting an investigation specified in subdivision the regionai board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or wire proposes to discharge waste couid atie ct the guaiity of waters within its region sheii tarnish, under penaity technieai or monitoring program reports which the regionai board reguires. The burden, including costs, of these reports sheii bear a reasonabte to the need torthe report and the benefits to be obtained item the reports. in requiring those reports, the regionai board sheii provide the person with awritten espianation regard to the need for the reports, and shaii identity the evidence that supports requiring that person to provide the reports. it} The state board may carry out the authority granted to a- regionai board pursuant to this section it, after constriting with the regionai board, the state board determines that it wiir' not dtrpiicate the eh?orts oi the regionai board. The State Water Board has consulted with the central Valley Regional Water Quality Control Board {Regional Water Board} and determined that the efforts furthered by this Order will not duplicate those of the Regional Water Board. he demonstrated by the evidence-supported ?ndings of nitrate contamination in the groundwater beneath the Subject tires, the reliance of many persons on that water as a drinking water supply and the likelihood that the Responsible Parties have caused andior contributed to the condition of pollution or nuisance {Findings 1?34}, and in light of the relatively low burden and cost associated with locating, collating, producing and reporting on likely?existing farrn- records-and ltn'own operational practices and gathering and reporting irrigation well sampling date, the State Water Board finds the costs of preparing the reports required by this Order beer a reasonable relationship to the need for the reports and the? benefit to be obtained from the reports. as. Section 133mm) of the California Water Code provides that: Any person who has discharged or discharges waste into the waters of this state in vtetation of any waste discharge requirement or other order or prohibition issued by a regionai board or the state board, or who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or prebabty wiit be, discharged into the waters of the state and createS, or threatens to create, a condition ofpoiiufion or nuisance, strait upon order of the regionai board etean up the waste or abate the effects of the waste, or, in the case or? threatened poiiution or nuisance, tetra other necessary remedialr action, inctuding, but not iirnited to, overseeing cieanup and abatement etterts. A cteanup and abatement order issued by the state board or a regionai board may require the pro vision of, or payment for, uninterrupted replacement water service, which may inctude weiihead treatment, to each affected pubitc water suppiter or private watt owner. Upon teiiure at any person to compiy with the cieanup or abatement order, the Attorney Generei, at the request of the board, sheii petition the superior court for that county for [its issuance of an injunction requiring the person to compiy with the order. in the suit, the court sheii 'lEi ES. 39. 40. 42. have jurisdiction to grant a prohibitory or mandatory injunction. either pretinrinary or permanent. as the facts may warrant. iEmph. Added} This Order is consistent with the 1tiliater Beards' practice of holding responsible parties liable for the costs of cleanup and abatement andier replacement water in cases involving the discharge of waste to waters of the state. This Order pieces financial responsibility on dischargers tie. the Responsible Parties named In this Order} for the costs associated with providing replacement drinking waterfer public and private water supplies impacted by nitrates discharged to groundwater from irrigated cropland. it is the intent of this Order that the implementation of the required Water Replacement Plan be funded by the Responsible Parties. it is the intent of this Order that the drinking water replacement costs will not be passed on to persons who rely on groundWater as a source of drinking water. This includes reimbursement for any increased costs associated with treating drinking water supplies due to nitrate pollution. in addressing nitrate waste from sources other than irrigated agriculture. the Water Boards have consistently implemented regulatory and enforcement actions requiring responsible parties to beer the full burden of cleanup costs. For esample..the Central ISeast Regional Water Board adopted a Prohibition in 1933' against any new septic waste discharges in the community of Los Oses due to nitrate'p'ollutien. The 4.500 households identified as responsible parties there bore the entire burden offending cleanup of the wastes they had discharged. Water Boards also typically require municipalities to treat westewater for nttrate..resu ling in costs of millions to tens of millions of dollars for individual system upgrades and operation and maintenance. In the Central ?v?allay and Lahentan Regions. the Water Boards have also requtred dairy ownersieperaters to clean up nitrate groundwater and provide replacement drinking water to impacted parties. Due to the-nature and urgency of the replacement water issue. this Order to agricultural interests steps short of the cleanup measures the Water Beards have typically imposed on responsible parties in that it seeks only the completion of an investigation and provision of replacement water. rather than requiring the responsible parties to cleanup and abate the pollution in the groundwater. This Order in no way limits the authority of the Water Boards to institute additional regulatory andier enforcement actions. or to require additional Investigation and cleanup consistent with the 1 r'liater Cede andior all applicable law. This Order does not prevent other parties or persons effected by nitrate contamination- from tekingan independent action. Section 130G2?ej of the Water Code states that actions by the?Water Beards such as this Order place no limits the right of any persons: maintain at any time any appropriate action for relief against any private nuisance as-defined in the Civil Code or for relief against any contamination or pollution.? Section of the California Water Code defines "waste" as including sewage and any'and-all other waste substances. liquid. solid. gaseous. or radioactive. associated with human habitation. or of human or animal origin. or from any producing. manufacturing. or processing operation. Including waste placed within containers of whatever nature prior tor and for purposes of. disposal. The nitrate discharged to the soil and then from the soil to groundwater in the Subject Area is a waste pursuant to section 'l??dftidl. Section of the California 1tt'ttater Code de?nes "pollution" as an alteration of water quality by waste to a degree that unreasonably affects either bene?cial uses or facilities that serve these beneficial uses. The nitrate waste discharged to grodndwater {drinking water] in the Subject area has resulted in regional scale ekceedances of the State and Federal nitrate drinking water standards of 45 mgiL as and 1t} mgil. as M. respectively. and has altered water quality to such a degree that it has unreasonably 2O 43. 44. affected the grcundwater's bene?cial use as drinking water. The nitrate waste discharge ta in the Subject Area is pclluticn pursuant ta secticn at the Eaiifcrnia Water Cede defines "ccntaminaticn" as impairment at the dualityr cf the waters eithe state by waste ta a degree. which creates a hazard tn the public health thrcugh paiscning er lhreugh the spread at disease. "Ccntaminaticrt" includes any,r equivalent effect resulting tram the disease! at waste. whether cr waters at the state are attested. The nitrate waste discharged tc greundwater {drinking water) in the Subject has resulted in regicnal scale exceedances at the State and Federal nitrate drinking water standards at 45 mgiL as and it) mgiL as M, respectively. and has impaired the gualitj.r cf grcundwater ta such a degree that it has created, and cantinues is create. a hazard ta public health. The nitrate Waste discharge tc grcundwater in the Subject Area is centaminatian pumuant tc seclien tSG?Dthj. Section cf the ISaliicrnia Water Cede defines ?nuisance" as ?anything which meets all at the tetlcwing requirements: Is injuricus ta healthI cr is indecent cr ctiensitre tn the senses, cr an tn the free use at brunette. an as? La interfere with the at life er grcgertg; Affects at the same time an entire ccmmunitjr er cr any cansiderabte number Dccurs during. er as a result at. the treatment er disgcsal ctwastes." Nitrate? waste discharge tc grcuhdwater in the Subject Area meets sit at these requirements and is a nuisance pursuant tc secticn The State Water Bcard adapted its Statement at Pciicy With Respect tc Maintaining High tituaiitjr ct Water in Gaiitcrnia, Hesctuticn Ed?ld, an Cictcber ES. 1953 {hereafter Anti?Degradaticn F?ciicgrj. The AntirDegradatien Pcticjr states in part: WHEREAS the gusiity at same waters at the-State is higher than that estahiishea? by the adapted entities and it is the intent and gurgcse at this Beard that such higher guaiity shaii he maintained-ta the-maximum extent pessihie cehsistant with the deciarstien at the Legisiature; THEREFORE BE i-T Whenever the existing guaiity at water is better than the guaiitjr' estahiishec' in gaiiciea as at the date an which'such gciicies became effective, such existing high guaiity he maintained un'tii' it has heen dentehshated tn the State that antir change he censisient with maximum bene?t is the assets at the State, hat unreasanahiy attest present and anticipated beneficiai use at such water and rasuit in Water guaiitjr iass titan that prescribed in the Jeeiicies. 2. Any aeiitritj.r which graduces er may produce a waste crinereased veiume cr canceniratien at waste and which discharges er preacses in discharge in existing high quality waters he required in meat waste discharge requirements which resuit in the heat Jctractieattie treatment er cf the discharge necessary in assets that (at a geiiutien er nuisance net scent and the highest water gtuaiitjir ccnsistent with maximum benefit in the assets at the State he maintained. Respensibie Parties have degraded, and ccntinue ta degrade, graundwater duality.r in the Subject Area in uiciatian at the Anti?Degradatidn F'cllc'y. The c-retticusij.r existing high duality.r waters hairs net been maintained, her have the narrative and numeric water gua1itj.r abjectitres In the Water ltittiaiitjtr F?ian fer the Tulare Latte Basin {Basin Plan} been maintained. Bachgreund cancentratians at nitrate in grcundwater are estimated id be aepmxitnately 3 mgiL as {See Finding S.) Tcdajt, nitrate ccncentraticns in Subject Area graundwater far exceed the Basin F?lan water guatitt.r cbjeclittes and the State MEL cenceniraticn at 45 mgiL as In same areas, the nitrate ccncentratians are letter 13 times the MEL. The nitrate waste discharge ta 21 groundwater in the Subject l??trea and the resulting degradation of the sole?source drinking water supplies unreasonablyr effects beneficial uses. and results in water ?nality less than that of existing water gualittr policies. such as the Etesin Plan. and therefore is an on?going 1.riolation of the Anti?Degradation Policy. 46. in accordance with State Water Board Resolution 92?49 governing cleanup standards. when the Water Beards oversee inuestigatiuns and cleanup actions, they must ensure clean up and abatement suf?cient to attain background water dualityr conditions absent special findings. The Central Valley Regional Water Board adopted its Second Edition of the Basin Plan on August 1995. The Basin Plan designates beneficial uses and numeric and narrative water goality objectitres to protect those beneficial uses. The present and potential bene?cial uses of Subject Area groundwater include municipal and-domestic supply. agricultural sopply, and industrial service and process supply. The historical and ongoing discharge of nitrate waste to groundWater In the Subject Area. as described in this Order, demonstrates that the Responsible Parties named'in this Order are ulotatlng the Eiasin F'lan's numeric and narrative water quality objectives and the Basin F?len's reg uirements to protect the domestic and municipal supply beneficial uses. This Order is consistent with Water Code section 166.3 which states: ?It is herebyr declared to be the established policy of the State that'euertr human being has the right to safe. clean] affordable. and accessible water adequate for human consumption, cooking, and sanitation purposes." The nitrate waste discharge to groundwater in the Subject Area and the resulting seuere and widespread pollution of drinking 1crater supplies therefore violates the right to safe, clean. affordable. and accessible water. rte. This Order is consistent with the-State Water Board?s Recommendations Addressing Nitrate in Groundwater, Report-to the February 2:313, which states: The Nitrate pollution in groundwater is a widespread Water stratify,r problem that can pose serious health rislrs topregnant women and infants if consumed at concentrations abotra the Maximum Contaminanth-ircl of 45 milligrams per liter {as NOSJ set-by the California Department of Public Health. Nitrate contaminated'grounderateris-a particularly significant problem in the Tulare Lalre Basin and Salinas ltrellis}.r areas. where about 2.5 million people, including many of the poorest communities in California. rely on groundwater for their drlniring water. {Page at The most critical recommendation in this report is that a new funding source be established measure that all Californians, including those in CACs [disadvantaged comniunities? hairs access to safe drinking water. consistent with AB 585. iFaga it} The State Water Board and Regional Water Control Boards {collectively referred to as r?tlie Water Boards? will use their authorityr under the Porter?Cologne Water Quality Control Act {Porter?Cologne) (Water Code. l3tltiti at sag}I to order parties responsible for nitrate contamination to proiride replacement water to impacted communities, as appropriate. [Page r. i 5t}. This Order is consistent with the State lIlilater Board's Safe Crinlring Water Plan for California. acts. which states?? State Water Resources Control Board. Recommendations Addressing Nitrate in Groundwater, Report to the Legislature. Edit-i. a? Safe Drinking Water Plan for California. 5. State Water Resouroes Control Boa rd, available here: 22 51. 52. The most critical recommendation in the State Water Board's EtifS' Report to the Legislature, "Recommendations Addressing Nitrate in Groundwater? was that a new funding source be established to heip ensure that sit Caiifornians, inefuding those in disadvantaged communities, have access to safe drinking water, consistent with AS 535. ii statute, tonguterm funding source shouid be provided for safe driniring water for smaii disadvantaged communities. Funding sources could include a point? ef~saia fee on agricuiturai commodities, a fee on nitrogen fertilizing materiais, a water use tax, or another funding source. Where the State Water Board has identified responsible parties that have contaminated iecai groundwater used as a drinking water source and has caused violation of an tviCL, the State Water Board require these parties to cover the cost of mitigation including capital and treatment operation and maintenance costs. 'i he Division of Driniring Water coordinate with Regional Boards and the thice of Enforcement when issues are identified. Failure to furnish any of the required reports, or the submittal of siibstantialiy incomplete reports or false information, is a misdemeanor, and may result in additional enforcement actions being taken against Responsible Parties, including issuance of an Administrative Civil Liabitity Complaint pursuant to California Water'Cede section 13268. Liability may be imposed pursuant to California Water Code section 13268 in an amount not to exceed one thousand dollars {S'i?tiltl} for each day in which the violation occurs, that is; for every day the report is late or the incomplete report remains so. Responsible Parties identified in Finding 1 may apply in writing for exemption from this Order by providing the following information under penalty of perjury: a. Declaration that the Responsible Party does not own. lease, or engage in agricultural production practices'on land overlying the Subject Area that is or has been used for irrigated crop production; or, b. Confirmation by a qualified third?party consultant that the Responsible Party has not caused or permitted, is not causing or permitting, and is not threatening to cause or permit any nitrate waste? to he?dischargcd or deposited where it is. or probably will be, discharged into the waters of the state. This confirmation must include a siterspecific'investtgatien, in accordance with 1riliater Code section 1326?, and comply with the specific conditions set forth in Section 1tillt, below. The Chief Elsputy Diremor will review and respond in writing. . California Environmental Cruaiity i?tct tCECi-t} Compliance: This enforcement action is being taken for the protection of the environment and, as such, is exempt from the provisions of CEtltii {Public Resources Code section 21sec, et sea.) in accordance with sections 1533? and 1531218, chapter 3, title 14, California Code of Regulations. The issuance of this Order is also an enforcement action tel-ten by a regulatory agency and is categorically exempt from the provisions of {Public Resources Code, section Ettit'iti, et seq}, pursuant to section 15321tait2}, chapter 3, title 14, of the California Code of Regulations . . Section 13304tc}{1} of the California Water Code provides that: the person or persons who discharged the waste, discharges the waste, or threatened to cause or permit the discharge of the waste within the meaning of subdivision are tiabie to that governmental agency to the extent of the reasonable costs aetuaiiy incurred in cieaning up the waste, ahating the effects of the waste, supervising cieanup or abatement activities, or fairing other remediai 23 The 1ii?ii'ater Heard Is therefere entitled te, and may seek, reimbursement fer all reasonable cests actually incurred by the Water Beard te eversse the deveiepment and implementatien et the Hespensible Parties? water replacement plan. Failure te pay any inveice fer the Water Seard's investigatien er cests within the time stated in the inveice {er within thirty days after the date at inveice, if the inveice dces net set terth a due date} shatl be censidered vielatien et this Order. 55. Ftny persen affected by this actien may petition the State 1Il'tiater Beard te review the actien in accerdance with Oalifernia Water Cede sectlen tease and Caltiemla Oede cf Regulatiens. title 23, secliens 205D and feilewing. The State Water Beard must receive the petitien by Silt] pm. 30 days after the date et adeptien at this Order, except that it the S?th day tellewing the date et this Order tails en a Saturday. Sunday, er State hetiday, the petitien must be received by the State Water Beard by 5330' pm. en the next business day, Oepies cf the law and regulatiens applicable te tilihg petitiens will be previded upen request er may be teund en the Internet at: neticesrpetitiensrwater duality. 'v'll. DIRECTIVES iT IS HEREBY ORDERED that. pursuant te Oaliternia Water Cede sectien's 1325? and 13304. the Parties must; a} cenduct an investigaticn. cemplete with nitrate leading analysis. te further de?ne the extent, seurees, and Impacts et' nitrate centamlnatien. and b} develep. tund, and Implement a Water Replacement Planter the Subject Area. which prevides fer the previsien et, er payment fer, uninterrupted interim and permanent replacement water service te impacted persens. Including, petentially. well head treatment te each public water supplier er private well ewner: The previsien et replacement water. Including reimbursement ct existing treatment er altemative water supply due te nitrate. pellutieh, shall be applicable te all impacted persens in the Subject erea. Impacted persons include Individual residences with private demestic wells. state small water systems {cellectivety water systems with tess than 15 service cennectlens}. and public water systems? with walls pelleted with nitrate abeve the MOL. Interim replacement water must be-previded until a tang?term salutien is develeped. funded. and implemented. Interim replacement water. such as battled water. pcint et use reverse units. er their equivalent. is ternperary enly and must be previded unintermpted in sufficient meet-the needs et these attected until Ieng?term replacement water is previded. Leng-terrn replacement water must be previded uninterrupted, and be equivalent te the watercuaiity, ameunt, and methed at delivery {including cenvenience} that weuld etherwise exist without the nitrate pcllutien. Etcth interim and Ieng-term permanent replacement drinking water must be previded fer. and the funding mechanism described, in the Water Replacement Plan. Interim and'ien?g?term tie-placement water shall cempiy with Oalifernia Water lISede sectipn which states: "Repiacernent water previded pursuant te subdivisien shall meet all applicable federal. state, and lecal drinking water standards. and shall have cemparable quality te that pumped by the public water system er private well ewner prier te the discharge cf waste." The Respensibte Parties named in this Order must dc the fetiewing: Within St] days frem the date at this Order, submit the fellcwing detailed Nitregen Applicatten and Ften?ieval Irrferrnatiert: Public welcr system inciudcs "ccm munity watcr system," "nan-cemmunity water system." ?nen-transient nenv cc mmunity water system." and ?transient ne n-cemrnunity 1l'iiater system" as de?ned in Health and Safety Odds secticn 1 16-235 as 1. Nitrogen Applicationr'Ftemovat Information. prepared and signed by qualified Crop Adviser or Professional Agronomisl certified by the American Society of Agronomy. E. Detailed maps [on a per year basis. and at a minimum necessary scale) to display the predominant crop type grown per acre on all inigated agricultural land you own andror operate {including management unit or ranch names} within the Subject Area for the last 5 years. List of all irrigated agricultural land you own andlor operate within the Subject Area {including corresponding management Unit or ranch names}. along with the following information for each. 1. Physical acreage. ii. List of all the crops grown during the last 5 years and their corresponding harvested acres. Provide one list for each year. If an individuat'crop was grown and harvested more than once during a year. the hanvestejdacres must be added together. Example: If a ranch with it?ll] acres grows-?breecoii thrice during the year on the entire acres. then the harveetedaoreageis ili. Crop yield. for each crop harvested during the 'last 5. years in'--pounds per acre. iv. Total amount of nitrogen applied to each crop grown during the last 5 years. This information must be included for alt and each individuat crop. whether it Was harvested or not. The total nitrogen applied includes ail nitrogen containing products such as fertilizers compost. manure. organics. etc. The information must be reported as pounds of nitrogen per acre of each individual crop. [Er-temple: If a ranch with ?tuft acres g.rdws_ broccoli twice during a year then the information must include information about each one of the two broccoli crops. and In each case the total nitrogen applied Is the amount applied to each acre of each one of the 2 broccoli crepe] v. Total amount of nitrogen'appliad' In irrigation water [prior to adding any fertilizer} to each individual crop grown during the last 5 years. This information refers to the concentration of'total nitrogen dissolved In the irrigation water as it is received ftorn their'r'igatio'n district. water agency. or pumped from groundwater. As explained above in iv.. the information must be reported as pounds of nitrogen per acre for each individual crop. vi. tIt'uanttfication of the acre-feet of irrigation water applied to each acre of each individual crop. vii. Estimation of the amount of nitrogen removed. 1rvhen crops are harvested. for each individual crop grown during the last 5 years. This can be derived from literature or tissue analysis {at harvest} as the pounds of nitrogen removed per pound of harvested crop. multiplied by the yield of each crop. Nitrogen concentrations in all wells sampled to date. Include w'ell location Information and. where multiple samples have been analyzed. submit all data. Summary with an estimation of the Nitrogen Applied within the Subject Area for the past 20 years [or as far back as records exist} in total pounds of nitrogen, on a per year basis. Provide a narrative description or account discussing the nature and extent of your agricultural practices in the Subject Area over the past 2U years using the directives in parts a and above as guidance. Identify all property within the Subject Area you have owned or operated as irrigated agriculture. and include. at a minimum. a general description of land uses. types of farming. crop types. and number of rotations per year. crop yields. Irrigation water sourcel?a}. and estimated 2'5 nitrogen applied and removed. Provide as much documentation as is readily available to you to support your narrative. 2. Within an days from the date of this submit an Investigation Workplan, prepared and signed by a quali?ed. registered professional. with the stated purpose to determine the actual and potential nitrate loading from the Responsible Parties' management unitsiranches to groundwater within the Subject Area, that will include, at a minimum, the following elements; a. Conduct a ltillell Surveys Identify and describe all wells within .5 miles of each management unit. including construction details, purpose. well logs. and nitrate data from these wells. information on irrigation wells must Include total depth. screened interval. ?lter paclt intervals well seal Integrity and Iocationidepth well installation date yield and the historical use of bacld'iow prevention devices. lvtanage mentaLlnit~Speci?oiRanch?S pa cific Groundwater AssessmehtWoritplan {Workman}: The Workplanis} must provide for development of lIL?onceplual Model that shall include, at a minimum. the followin?gelpnien'ts: i. Description of the local geology. hydrogeology, and soil types. it. Sell composition and drainage characteristics; including. estimated In?ltration rates of irrigated agricultural land. . Groundwater elevations and piezometn'c surface maps. in mean sea level over time as well as estimated groundwater flow direction and horizontal and vertical hydraulic gradients during irrigation. well use and during periods of non-use. Iv. Geological cross sections of the beneath and within the vicinity of each management-unitiraneh. v. Proposal to determine the source ot- nitrate is. g. isotope analysis and D13 Isotopes}, bacteria from septic; caffeine, etc. 3 vi. Fate and transport analysis. of. fertilizer nitrate leading to groundwater Groundwater Well Installation Plan; A scope at work for installing shallow groundwater monitoring wells. .to determine nitrate concentrations and flow directions in shallow groundwater. l'nclL'Ide details on the drilling method well construction, groundwater sample collection and analysis proposed Well location map. and proposed sampling plan. Soil Sampling F'Ian:- a. scope of Worlt for collecting soil samples at discreet depths, to first encountered groundwater to characterize the concentration otnitrate?in-seils across and beneath each management unidranch. This is beyond the soil samples that may be collected during installation of shallow groundwater monitoring wells. Include details on the proposed soil sample collection and analyses and a proposed sample location map. Implementation Schedule for each of the above elements: It is understood that some or these elements may need to be conducted sequentially; any such phased-approach shall be incorporated and detailed in the Implementation Schedule. Hydrogeological and engineering reports and plans shall be prepared or directly supervised by, and be signed and stamped by. a registered, professional geologist andior appropriately-licensed engineer. Responsible Parties and the authors of site investigation reports required by this rDrder must review and comply with the State Water Board's Policies and Procedures for Investigation and Cleanup and Floatement of Discharges Under Water Code section 133M {Resolution 9249}. EE- All technical reports. documentsr sampling date. analytical data. and bon'ngiweil data shall be uploaded to the State Water Board's GeoTraclter database. HoWever. hard copies of selected documents and data may be requested. in addition to electronic submitial of information to GeoTracker. 3. Within days from the date of this Order. submit a Water Replamment Plan for providing uninterrupted, interim and long?term replacement drinking water to impacted parties within the Subject area. as de?ned in Finding 3. above. Responsible Parties may collaborate with water purveyors. water districts, municipalities. Environmental Justice organizaia'ons. or others to develop and implement the Water Replacement Plan. The Water Replacement Plan must include the following: a. An adequate funding source to provide interim and Iongrterm replacement water to the impacted parties in the Subject Area. as defined In Finding 3. b. Identi?cation of individual households and communities in tho?ubjeet Area needing replacement water due to nitrate pollution. c. A prioriilzation process that provides replacement waterjirst to the lowest income. most Et-FiEit members of the community. as follows:- i. individuals and eoinmunities that get their drinking water from systems with less than 15 service connections. including private domestic wells. and currently without treatment or with inadequate treatment. it. Individuals and communities that-get their drinking water from systems with less than 15 service connections. including private domestic wells. with adequate treatment. Public water systems with 'inadeo uaie?treairn ent. iv. Pu blic water systems with adequate treatment. d. a comprehensive outreach and education plan to Inform all Subiecl Area residents about the drinking water nitrate pollution and health risiri issues. their options. and a process for applying for and receiving timely replacement drinking water via the Water Replacement Plan. This effort shall prioritize the lowest Income. most atnrisl-z individuals and communities as described above. s. it replacement water mediation process that complies with Water IIlode section 'IEEDtlig}. i. an implementation schedule for provision of interim and Iong~term replacement drinking water to the impacted patties. Replacement water must he provided to the most at~risit members of the public as soon as possible. Upon the Chief Deputy Director's review and approval. Responsible Parties must implement and complete the above plans and submit results pursuant to an approved schedule. Responsible Parties must begin providing replacement water to the most art-risk individuals and communities identified in 3.c.i. above. within Eli] days of the date the 1Ii'tiater Replacement Plan is approved by the Chief ?epuiy Director. Responsible Parties must submit quarterly progress reports to the State Water Board. including details of progress on each of'lhe items above. after this lillrder Is issued. Responsible Parties are encouraged to coordinate and submit one joint report. Anyjoint reporiis} should identify all Responsible Parties who are jointly reporting. 27" Respensibie Parties must diselese this Drder to all relevant parties inv?i'hl'?d in an}.r ?naneial transaetiene regarding pregerty identified in this Order. including real estate transaetiene and [sans where sueh preperty is Invented. Failure te eemgly with the previsiens at this arder may subject the Fteseensible Parties ta further enforcement action, including but net limited te. assessment at menelary eivil lialzlilityr administratively drjudieielly pars?ant te seetiens 1335i] er 13263 at the Galifernla Water Edd e. BY: 23 ATTACHMENT 1 HaEsrqu- unumt Attachment 1 SubjectArea TIJLE Legend We?: ?tme- Wimrn Bumecmraa?""' EuhjecLAraa 115) 1 2 3 4 Gmundw?ter?aaina RE: MEIES Cm?! Enlf?da?as . ?1 .h - I tht?r Boards