The logging industry has long waged a campaign to make itself as immune as possible from environmental laws and regulations. It got much closer to this goal in 1987, receiving a blanket exemption from regulations of the state Clean Water Act. This waiver now expires on January 1, opening a window of opportunity to end it once and for all.
Few other decisions have had such widespread, devastating impacts on the rivers and streams of the North Coast. Since the Regional Water Quality Control Board granted this exemption, the agency has listed more than 85% of the watersheds on the North Coast as "impaired" from sediment pollution, naming logging operations as the primary cause for degradation in every instance.
Blanket exemptions can only be granted for activities that do not threaten to harm water quality, but the Regional Water Board has never once reviewed this exemption or removed it for any logging operation.
Until now.
Pursuant to a state law passed in 1999, this blanket exemption of "waste discharge requirements" expires at the end of the year, bringing an enormous opportunity to make statewide forestry reforms. However, instead of using this opening to create needed changes, Regional Water Boards throughout the state are poised to simply renew the exemption. EPIC is working with organizations from across California to ensure this mistake is not repeated.
Immediately after the blanket exemption was granted in 1987, the State Water Resources Control Board signed a 'Managing Agency Agreement' (MAA) with the California Department of Forestry (CDF) and Board of Forestry. With these two actions, the State and Regional Water Boards delegated to CDF and the Board of Forestry their authority for carrying out the state and federal clean water acts in relation to logging operations.
This authority could not have been more misplaced.
The regulations developed by the Board of Forestry have been roundly criticized by numerous agencies, scientists, and "blue-ribbon" panels because they do not protect fish habitat or water quality, but the Board refuses to adopt adequate revisions including those recommended by the State and Regional Water Boards. CDF also routinely ignores the Regional Boards when they review and make findings on proposed logging operations. Indeed, even where Regional Boards have found that a logging operation would violate the state clean water act, CDF has consistently ignored these findings and proceeded with approving the logging operation as proposed.
Regional Water Boards could address these problems by ending the disastrous exemption of waste discharge requirements. Waste discharge requirements are the primary tool provided to the Water Board to protect and restore water quality, and it is obvious that further harm will be done to our watersheds if this tool remains unused. Without the exemption, Regional Boards could establish a system that is not dictated by CDF or the Board of Forestry, and retrieve their authority for protecting our rivers and streams.
EPIC has submitted extensive comments to the State and Regional Water Boards. These comments and other information can be found on our website. We are keeping a careful eye on this process, and we are determined to see that this waiver is never re-established.
Take Action to Protect California's Rivers and Streams!
The time is long overdue for the Regional Boards to end this exemption and take back the authority they mistakenly ceded fifteen years ago. Regional Boards throughout California will be taking public comments on this issue through December 4. Please write and encourage your Regional Board to seize this opportunity to make lasting changes and protect our rivers and streams, and that the waiver of waste discharge requirements should terminate on January 1, 2003 as scheduled.
Regional Water Resources Boards:
North Coast Region
Sue Warner
5550 Skyline Blvd., Suite A
Santa Rosa, CA 95403
Ph: (707) 576-2220
Fax: (707) 523-0135
Central Coast Region
81 Higuera St., Suite 200
San Luis Obispo, CA 93401
Ph: (805) 549-3147
Fax: (805) 543-0397
Central Valley Region
Redding Office
James Pedri
415 Knollcrest Dr.
Redding, CA 96002
Ph: (530) 224-4845
Fax: (530) 224-4857

