HomeMy WebLinkAboutCA State Water Board - Cannabis Cultivation Policy and Cannabis General Order Menchaca, Clarissa
From: Bennett, Robin
Sent: Monday,July 10, 2017 1:03 PM
To: Menchaca, Clarissa; Snyder, Ashley
Cc: Snellinigis, Tim; Honea, Cory; Hahn, Paul
Subject: FW: Notice of Opportunity for Public Comment and Workshops on Cannabis Cultivation
Policy and Cannabis General Order
Attachments: notice-cannabis.pdf
CA Slat.e Water Board - llublic,Corninent 1eriod 1'k`'o6ce regarding dxafie Cannabis Poficy
See email below and att,achn"mul..
Robin Bennett,
Lrecutive Assistant
(530) 872-6304
Butte Coun,�y Supervisor"s Office
Su, ervisor Dou.g 7' eter,
P , e
Board qf'Superrisors, District 5
747 Ellion Road
1-'aradise, CA 95969
From: lyris@swrcbl8.waterboards.ca.gov [mailto.lyris@swrcbl8.waterboards.ca.go'v]
Sent: Friday,July 7, 2017 4,49 PM
To: Bennett, Robin <RBennett@buttecountynet>
Subject: Notice of Opportunity for Public Comment and Workshops on Cannabis Cultivation Policy and Cannabis General
Order
This is a message from! the State Water Resources Control Board
The State Water Resources Control Board (State Water Board or Board) has updated its website with a Notice
of Opportunity for Public Comment, Staff Informational Workshops, Board Workshops, and Public Hearing
(Notice). The State Water Board will accept public comments on the Draft Cannabis Cultivation Policy—
Principles and Guidelines for Cannabis Cultivation (Cannabis Policy), Draft Cannabis Cultivation Policy Staff
Report, and Draft General Waste Discharge Requirements for Discharges of Waste Associated with Cannabis
Cultivation Activities (General Order).
The State Water Board will hold two staff informational workshops (July 20, 2017 - Eureka and July 27, 2017 —
Sacramento) to present information and answer questions. In addition, a Board workshop is scheduled for
August 2, 2017, in Sacramento to provide information on the draft documents and receive public
comments. The State Water Board is scheduled to hold two public hearings on October 17, 2017, in
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Sacramento to receive oral comments regarding (1) the Cannabis Policy, and (2) the General Order. The
Sacramento staff informational workshop, Board workshop, and public hearing will be webcast.
The Notice, draft documents, and other information are available on the State Water Board's Cannabis
Cultivation webpage at: www.waterboards.ca.gov/cannabis
If you are receiving this notice in a forwarded message and would like to subscribe to the
91 cannabis—cultivators" email notification lists, go to:
http-//www.waterboardis.ca.gov/res,ources,/emajl_subscriptions/
.............
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State Water Resources Control Board
NOTICE OF OPPORTUNITY FOR PUBLIC COMMENT,
STAFF INFORMATIONAL WORKSHOPS, BOARD WORKSHOP, AND
PUBLIC HEARING
TO CONSIDER ADOPTION OF:
(1) CANNABIS CULTIVATION POLICY; AND (2) GENERAL WASTE DISCHARGE
REQUIREMENTS FOR DISCHARGES OF WASTE ASSOCIATED WITH CANNABIS
CULTIVATION ACTIVITIES
NOTICE IS HEREBY GIVEN that the State Water Resources Control Board (State Water Board
or Board)will accept public comments on the Draft Cannabis Cultivation Policy—Principles and
Guidelines for Cannabis Cultivation (Cannabis Policy), Draft Cannabis Cultivation Policy Staff
Report(Staff Report) and Draft General Waste Discharge Requirements for Discharges of
Waste Associated with Cannabis Cultivation Activities (General Order). Information on the
comment period and how to submit written comments is detailed below under"Submission of
Written Comments."
NOTICE IS ADDITIONALLY HEREBY GIVEN that the State Water Board will hold two staff
informational workshops and one Board workshop as detailed below.
Staff Informational Workshops*
Thursday, July 20, 2017 Thursday, July 27, 2017
4:00 P.M.—5:00 P.M. 10:00 A.M.—12:00 P.M. (noon)
Adorni Center Joe Serna Jr. CaIEPA Headquarters Bldg.
1011 Waterfront Drive Coastal Hearing Room
Eureka, CA 95501 1001 1 Street, Second Floor
Sacramento, CA 95814
* The purpose of the staff informational workshops is for State Water Board staff to present
information and answer questions on the Draft Cannabis Policy, Staff Report, and General Order.
State Water Board Workshop**
Wednesday, August 2, 2017
9:30 A.M.
Joe Serna Jr. CaIEPA Headquarters Building
Coastal Hearing Room
1001 1 Street, Second Floor
Sacramento, CA 95814
**Oral comments will be accepted and recorded at the Board Workshop and will be entered into the
appropriate administrative record.
A quorum of the State Water Board may be present at one or more of the workshops, but no
State Water Board action will be taken.
FEL I3 AA MAR(:IS,CHAIR I YHOKIA$ HOWARD, EXEISOTIVE DIRECTOR
1001!Sl root.Saeramon to.CA 95816 1 Ma Hing Addross:P.O.Box 100.Socramanio.Ca 95 81 2-01 00 e;'nm:.tivaterbeards.ca.cov
sa:1 f'fap,fay A[JI
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NOTICE IS ADDITIONALLY HEREBY GIVEN that the State Water Board will hold public
hearings to receive oral comments regarding (1)the Cannabis Policy, and (2)the General
Order. The State Water Board may adopt each of these items after their respective hearings. If
the Cannabis Policy is adopted, it will be sent to the Office of Administrative Law for approval
and would become effective on or about November 22, 2017. The hearings will be conducted
as part of the Board's October 17, 2017, State Water Board meeting. The location and start
time of the Board meeting are provided below.
Tuesday, October 17, 2017
9:30 A.M.
Joe Serna Jr. CaIEPA Headquarters Building
Coastal Hearing Room
1001 1 Street, Second Floor
Sacramento, CA 95814
Additional information on the hearings (Board meeting) is available at:
http://www.waterboards.ca.gov/board—info/calendar/
BACKGROUND
On June 27, 2016, the Governor signed Senate Bill 8371, which among other things, codified
Water Code section 13149 and authorizes the State Water Board to adopt principles and
guidelines (requirements) for cannabis cultivation as part of a state policy for water quality
control. The State Water Board has prepared a statewide Cannabis Policy and General Order
to minimize water quality degradation and low flow impacts associated with cannabis cultivation.
The State Water Board will implement the Cannabis Policy and the Regional Water Quality
Control Boards (Regional Water Boards)will use the General Order to streamline permitting of
cannabis cultivation projects and focus resources on inspections and enforcement.
The Cannabis Policy, if adopted, would establish interim requirements for cannabis cultivation.
The requirements include measures to protect springs, wetlands, and aquatic habitats from
negative impacts of cannabis cultivation. The requirements may include, but are not limited to,
instream flow objectives, limits on diversions, requirements for screening of diversions, and
elimination of barriers to fish passage. The requirements may also include requirements on
groundwater extractions that the State Water Board determines to be reasonably necessary.
The General Order, if adopted, would establish waste discharge requirements to limit water
quality degradation and other adverse impacts to surface water and groundwater resources
associated with cannabis cultivation on private land. The General Order requires existing
enrollees in the North Coast Regional Water Quality Control Board's Order No. R1-2015-0023
and the Central Valley Regional Water Quality Control Board's Order No. R5-2015-0113 to
transition to the statewide General Order by July 1, 2018.
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Statutes 2016, Chapter 32,Committee on Budget and Fiscal Review.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Water Code section 13149(b)(1) provides that the requirements for cannabis cultivation (i.e., the
Cannabis Policy) are exempt from the California Environmental Quality Act(CEQA). The
Cannabis Policy would include requirements specified in Attachment A for cannabis cultivators
to minimize the discharge of waste to waters of the state. The Cannabis Policy would provide
that those water quality requirements shall be implemented through the adoption of a General
Order adopting waste discharge requirements for waste from cannabis cultivation. The General
Order would implement this directive by requiring cannabis cultivators to comply with the
Cannabis Policy. In that context, the General Order merely implements aspects of the
requirements that the Legislature has already determined are exempt from CEQA. The State
Water Board therefore will rely on the following CEQA exemptions:
• Water Code section 13149(b)(1) (exempting the requirements adopted pursuant to
section 13149)
• California Code of Regulations, title 14, section 15268 (statutory exemption for
"ministerial projects")
• California Code of Regulations, title 14, section 15061(b)(3) (CEQA does not apply
where it can be "seen with certainty"that there will not be significant environmental
impacts from the action in question)
DOCUMENT AVAILABILITY
The Draft Cannabis Policy, Staff Report, and General Order are available at:
http://www.waterboards.ca.govlwater—issues/programs/cannabis/.
Those without Internet access may request a paper copy of the Draft Cannabis Policy or
General Order by calling Peter Barnes at (916)445-9989.
SUBMISSION OF WRITTEN COMMENTS
The State Water Board will accept written comments on both of the proposed items. Written
comments must be received by 12:80 P.M. (noon) on Wednesday, September 6, 2017.
Written comment letters may be submitted electronically (email), by fax, U.S. Mail, or courier.
Electronic submittals must be emailed to commentlettersCr-waterboards.ca.gov. Written
comments may also be submitted by hard copy and be addressed to:
Hand/Courier Delivery U.S. Mail Delivery
State Water Resources Control Board State Water Resources Control Board
Attn: Jeanine Townsend Clerk to the Board
1001 i Street, 24th Floor Attn: Jeanine Townsend
Sacramento, CA 95814 P.O. Box 100
Sacramento, CA 95812-0100
On all comment letters please indicate clearly the subject of your comments, as follows:
"Comment Letter—Cannabis Policy and Staff Report," or
"Comment Letter— Cannabis General Order"
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Electronic submittals shall be in portable document format(pdf) (less than 15 megabytes in total
size). If the file is greater than 15 megabytes in total size, then the comment letter may be
submitted by fax at(916) 341-5620. U.S. Mail must be received (not postmarked) at the State
Water Board offices by the close of the comment period. Couriers delivering comment letters
must check in with lobby security personnel, who can contact Ms. Townsend at (916) 341-5600.
PROCEDURAL MATTERS
At the hearings there will be no sworn testimony or cross-examination of participants. However,
the State Water Board and its staff may ask clarifying questions. Participants will be given an
opportunity to summarize and/or supplement their written materials with oral presentations. To
ensure a productive and efficient hearing in which all participants have an opportunity to
participate, oral comments will be limited to three minutes unless otherwise authorized by the
Board Chair. For other presentation recommendations, please visit the State Water Board's
web site at: http://www.waterboards.ca.gov/board_info/meetings/board_presentations.shtml.
EX PARTE DISCLOSURE REQUIREMENTS FOR PENDING ITEMS
This item is subject to the ex parte communication disclosure requirements of Water Code
section 13287, as explained in
http://www.waterboards.ca.gov/laws_regulationsldocs/exparte.pdf. Any communications
between interested persons and State Water Board members (other than at a noticed Board
meeting or submitted as a comment letter in compliance with the public notice) must be
disclosed by the interested person within seven days of the communication. Sample disclosure
forms are available at:
http://Www.waterboards.ca.gov/laws_regulations/docs/swrcb_godf fillin.pdf.
Questions concerning the hearings should be directed to Peter Barnes by telephone at
(916)445-9989 or via email at Peter.Barnes@waterboards.ca.gov.
PARKING AND ACCESSIBILITY
For directions to the Joe Serna, Jr. CaIEPA Building and public parking information, please refer
to the map on the State Water Board web site at: http:l/www.calepa.ca.govlheadquarters-
sacramento/location/.
The CaIEPA Building is accessible to persons with disabilities. Individuals requiring special
accommodations are requested to call (916) 341-5880 at least five working days prior to the
meeting. Telecommunications device for the deaf(TDD) users may contact the California Relay
Service at: (800) 735-2929 or voice line at (800) 735-2922.
WEBCAST INFORMATION
Video and audio broadcasts of the staff information workshop (in Sacramento only) and public
hearings will be available via the Internet and can be accessed at: https:/Ivideo.catepa.ca.govl.
All visitors to the CaIEPA Building are required to sign in and obtain a badge at the Visitor
Services Center located just inside the main entrance (10 Eh Street entrance). Valid picture
identification may be required. Please allow up to 15 minutes for security clearance.
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FUTURE NOTICE
The State Water Board staff informational workshops, Board workshop, and public hearings will
be at the times and places noted above. Any change in the date, time, and place of the
workshops and public hearings will be noticed on the State Water Board's cannabis cultivation
webpage: hftp://www.waterboards.ca.gov/water-issues/programs/cannabis/.
ADDITIONAL INFORMATION AND CONTACT INFORMATION
Please direct all questions to the staff listed below regarding the proposed:
Cannabis Policy- Peter Barnes at (916) 445-9989 or Peter.Barnes@waterboards.ca.gov.
General Order- Kevin Porzio at (916) 341-6914 or Kevin.Porzio@waterboards.ca.gov.
July 7, 2017 Z Z? "U-u- -,-j nwmard-
Date Jeanifa Townsend
Clerk the Board