TMDL Water Quality Regulation

TMDL stands for Total Maximum Daily Load. These are regulations developed to protect water bodies impacted by pollution and not meeting their designated beneficial uses, such as drinking water supply, agricultural supply, recreation, or freshwater habitat. Each TMDL evaluates sources of contamination, such as agricultural runoff or urban discharges, and sets pollution limits called “load allocations.” These allocations ensure the water body can support its uses.

In plain terms, these are additional regulatory layers to protect creeks, rivers, lakes, and coastal ocean waters highly impacted by pollution. Each TMDL is different because they reflect the local conditions of that water body.

The TMDL evaluates the potential sources of contamination or pollutants that are impacting a waterbody; such as, agricultural discharges, wastewater treatment plants, highways, industrial discharges, urban discharges, or others specific to the watershed where a waterbody is impaired. Allocations are then set for all the identified discharges. Allocations for agriculture are referred to as load allocations and are typically expressed as concentrations (units such as mg/L or ug/kg) or loads (units such as lbs/day). These assigned allocations are the thresholds that need to be met by each of the identified dischargers in order to ensure protection of the waterbody’s beneficial uses.
TMDLs also mandate monitoring, studies, and timelines for meeting the limits. Once a TMDL’s requirements are added to a permit, they become enforceable. If a TMDL load allocation is exceeded at a VCAILG monitoring site, after the deadline, then that triggers additional on farm requirements, which are the subject of this notification and targeted outreach.

For more information, watch the TMDL 101 Workshop recording on YouTube or visit the Los Angeles Regional Water Quality Control Board’s TMDL homepage.

Total Maximum Daily Loads (TMDLs) are established to address impaired water bodies and can be developed by state or federal agencies, or by stakeholder groups. Regardless of their origin, they are implemented in California by the state’s Regional Water Quality Control Boards after approval by the State Water Quality Control Board and the Environmental Protection Agency (EPA).

The process begins with the “303(d) list,” a catalog of impaired waters that states, territories, and tribes must periodically submit to the EPA. This list identifies specific water quality constituents that exceed health and safety standards. Researchers then determine the sources of these constituents, how much can be safely discharged under various conditions, and the limits each discharger must meet. These TMDL limits are finalized, submitted to the EPA for approval, and adopted by the state.

TMDLs are authorized under Section 303 of the Clean Water Act of 1972, though enforcement was largely overlooked until environmental organizations began suing to compel action. In response to court orders and consent decrees—including one for the greater Los Angeles region, which includes Ventura County—the EPA and states have been required to establish and enforce TMDLs to protect water quality.

It varies by watershed. For Calleguas Creek Watershed, seven TMDLS have been adopted: Nitrogen Compounds; Organochlorine Pesticides (DDT and chlordane) and PCBs; Siltation; Toxicity (anything that kills aquatic life or impairs its ability to reproduce), Chlorpyrifos, and Diazinon; Metals (copper) and Selenium; Salts (chloride, total dissolved solids, boron and sulfate); and Trash,  For the Santa Clara River Watershed, TMDLs for Nitrogen Compounds, Chloride, Toxaphene, and Bacteria have been developed for all or portions of the watershed.. For the Ventura River, a trash TMDL is in effect, as is one for nitrogen and algae.

TMDL limits for agriculture are listed in Appendix 5 of the Ag Order. If you receive a notification about an exceedance, the first page will include a table with one or more water quality sample results and the applicable TMDL load allocation. These load allocations are the maximum levels of pollutants allowed in runoff from agricultural parcels.

For a comprehensive compilation of VCAILG monitoring results, Annual Monitoring Reports are submitted to the Regional Board and posted on the Ventura County Farm Bureau website under the Documents heading towards the bottom of the webpage.

If monitoring shows an exceedance of a TMDL limit after the compliance date, farms in the affected Responsibility Area (RA) are subject to discharge limitations. This means these farms must select a compliance track to demonstrate compliance with the discharge limitations.

 Discharge limitations in the context of the Ag Order are TMDL water quality load allocations where the compliance date is past due. Once the TMDL compliance date has passed and the load allocation is not met at a VCAILG representative monitoring site, all farms within the Responsibility Area (RA) represented by the exceeding monitoring site are subject to enforceable discharge limitations.

Practically, this means these farms would be prohibited from allowing irrigation tailwater, tile line water, or stormwater runoff that exceeds allowable concentrations to leave their property

Responsibility Areas (RAs) were developed so that every parcel within an RA is subject to the same TMDL(s) and is represented by the same monitoring site(s). Creating RAs in this manner streamlines the outreach and notification process when TMDL load allocations are exceeded and VCAILG members need to be notified of these additional requirements that are triggered for their property. The TMDLs 101 Workshop posted to YouTube includes a section describing the RA development process.

By logging into Clearwater you can view the location of each of your parcels and the RA it is assigned to.

The Los Angeles Regional Water Quality Control Board’s website for the Ag Order can be found here under the “General Waste Discharge Requirements for Discharges from Irrigated Lands” heading. Final documents are those listed as being posted on October 27, 2023. Relevant templates and forms can be found on the right-hand side of the page.

Log in to Clearwater to update your enrollment information and contact details.

The notification only includes parcels in RAs where monitoring showed a TMDL exceedance. Parcels not listed on the notification could be located in different RAs that may be subject to different TMDLs or no TMDLs at all. You can view the RA assignments for each of your parcels in Clearwater.

Under the Ag Order, VCAILG is obligated to notify affected landowners or growers when they become subject to TMDL-driven discharge limitations. From that point on, compliance with these requirements is the responsibility of the landowner.

Yes, the new requirements outlined in this notification are an additional regulatory layer on top of the broader water quality monitoring required under the Ag Order and implemented by VCAILG. On-farm compliance through Track 1 or Track 2 is only required to focus on the specific TMDL constituent that exceeded the load allocation after the compliance date. VCAILG will continue to sample for all other water quality constituents, which includes legacy pesticides, current use pesticides, nutrients, metals and selenium, bacteria, salts, toxicity, and other general water quality parameters. This broader sampling work, and the reporting associated with it, as well as compliance with groundwater requirements, will continue to be implemented by VCAILG on behalf of enrolled landowners and growers. If you choose not to enrolled in VCAILG, you would be required to enroll with the Regional Board for individual permit coverage, which includes sampling for the full list of Ag Order required constituents and fulfilling a larger list of reporting requirements.

Good standing means:

1. Enrollment in VCAILG with up-to-date payments.
2. Completion of required education credits (2 hours/year).
3. Up to date in completing a farm evaluation for your parcel(s).

If you are not in good standing, the Regional Board may take enforcement actions. Contact VCAILG to regain good standing before the NOI form deadline. To contact VCAILG and learn what you need to do to attain good standing, please email [email protected] or call 805-289-0155.

First contact VCAILG to understand what requirements are not being met for good standing status. You may email [email protected] or call 805-289-0155. If your VCAILG enrollment is not current, update your property information and pay any outstanding invoices. If you are not up to date on education credits, register for and attend the next education meeting. Education meeting opportunities are sent out via the VCAILG newsletter and posted to the Farm Bureau website here. If there are not any meetings scheduled for the near future, VCAILG may be able to assist you in viewing a recorded meeting for credit.

If you have not completed your Farm Evaluation, you may login to Clearwater and answer all the Farm Evaluation questions.

The NOI form is included in your notification package and available on the Regional Board’s Ag Order website. You can also log in to Clearwater to generate an NOI with your data pre-filled.

No, once you have submitted your NOI, this choice is irreversible, except in cases of changing landownership. Therefore, if you select Track 1 and your monitoring results show that you are exceeding the TMDL load allocation, you may not then change to Track 2 to avoid collecting additional samples which may also exceed the TMDL load allocation and could result in fines. Similarly, if you select Track 2 and then decide you do not want to complete the management practices included in your farm-level Management Practice Plan (MPP), you cannot switch to Track 1 and take samples of your farm runoff instead. Consider your decision carefully and reach out to the Regional Board directly to ensure you are making an informed decision.

AB-1348 Farmer Equity Act of 2017 defines socially disadvantaged groups as a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. These groups include all of the following:

1. African Americans
2. Native Indians
3. Alaskan Natives
4. HispanicsAsian Americans
5. Native Hawaiians and Pacific Islanders

The list of racial and ethnic groups is not comprehensive. Furthermore, gender and gender identity groups are not specified. It is up to you to self-identify as socially disadvantaged.

Those who self-identify as socially disadvantaged will receive an additional year to develop and submit an MPP, as well as additional time to implement management practices specified in the MPP. You do not need to prove that you are part of a socially disadvantaged group.

Failure to submit the NOI by the deadline would be considered a failure to comply with discharge limitations and you could face enforcement action from the Regional Board, such as notices of violation or fines.

No, only the landowner can make the compliance track selection. If a selection is not made by submitting an NOI, the parcel will default to compliance through Track 1.

Regional Board staff can discuss the options with you as they relate to your specific operation. A professional expert you trust can also help compare and contrast the requirements as they would need to be implemented on your farm.

No, VCAILG cannot complete an MRP or MPP for enrolled landowners or growers. For a list of qualified professional experts, also referred to as Technical Service Providers, log onto Clearwater and view the list under the TMDL tab.

For Track 1 MRPs, anyone familiar with the requirements can use the Regional Board-provided template to develop their plan.

For Track 2 MPPs, the Ag Order specifies that a professional expert with certain qualifications must develop and sign the plan. If you meet these qualifications, there is nothing in the Ag Order that prohibits you from developing your own MPP.

Yes, templates are on the Regional Board’s Ag Order website.

Ag Order Appendix 3, Section 3 details the requirements of Track 1 and Track 2. The overall process and requirements of the two tracks are also explained in the August 19, 2024 TMDLs 101 Workshop posted here on the Farm Bureau of Ventura County’s YouTube channel.

You have 2 months from the receipt of the Exceedance Notification package from VCAILG to select whether to comply by Track 1 or Track 2.

 Track 1 MRPs are due 4 months after your NOI deadline. A flow chart timeline as well as a list of important dates are included in the Exceedance Notification package

Track 2 MPPs are due according to an RA specific schedule. The Exceedance Notification package includes the corresponding MPP deadline for your RA, including extended timelines for those that identify as socially disadvantaged.

If additional time is needed, an extension request can be submitted to the Regional Board at 213-878-7906 or email [email protected] 

The Ag Order, Appendix 3, Section 3.4.2, lists the certification requirements for professionals developing farm-level Management Practice Plans (MPPs). MPPs must be certified by Resource Conservation District (RCD) or Natural Resource Conservation Service (NRCS) staff or equivalent professional experts with knowledge and experience in erosion control, hydrology, environmental engineering, hydraulic engineering, or agricultural engineering. Additionally, the Ag Order details the specific expertise required for addressing constituents such as nutrients, historic pesticides, metals, and bacteria within the MPP.

For Track 1, any exceedance of a TMDL discharge limitation is a water quality violation. The Regional Board expects exceedances to be mitigated in a reasonable timeframe through management practices. Ongoing annual reporting of collected samples under Track 1 should show water quality improvements if exceedances of discharge limitations are found. Failure to demonstrate water quality improvement would subject the landowner to enforcement in accordance with the Regional Board enforcement policy and priorities. Furthermore, results from samples collected at the edge of the field must be submitted by the landowner or grower to the Regional Board, in the form of Annual Monitoring Reports, are part of the public record and available to interested parties, as requested

For Track 2, compliance is based on implementing and maintaining management practices per the timeline specified in the MPP. Delays must be justified, and good-faith efforts to progress will be considered by the Regional Board. Additional time can be required from the Regional Board due to unforeseen or uncontrollable circumstances (i.e. permitting, material and construction, weather-related delays, etc.), however, good-faith efforts to make progress will be considered by the Regional Board when evaluating compliance. If a landowner fails to meet the timeline specified in the approved MPP, and extensions have not been justified or approved, they may lose the ability to demonstrate compliance through Track 2 and may default to compliance through Track 1.

The Ag Order does not specify a time requirement for NOI, MRP, and MPP approval by the Regional Board. The response time required will likely depend on the Regional Board’s workload and number of submittals pending review.

A list of professional experts, also referred to as Technical Service Providers, is available on Clearwater under the TMDL tab.

If you have read the FAQs and watched the TMDL 101 Workshop recording and still have questions, you are welcome to contact VCAILG at [email protected] or (805) 289-0155 for assistance.

For questions or comments regarding the Ag Order and overall Irrigated Lands Regulatory Program regulatory framework, contact the Regional Board at 213-878-7906 or email [email protected].

For general questions on the VCAILG program or issues with Clearwater contact VCAILG at [email protected] or (805) 289-0155.

For concerns regarding VCAILG’s customer service, please contact the Farm Bureau CEO, Maureen McGuire, at [email protected] or (805) 289-0155.