Northcoast Water Board does not "care if it's tomato or cannabis", proposed regulations include "cerification for marijuana growers"

This afternoon's session at the Humboldt County Board of Supervisors, Connor McIntee, Environmental Scientist, from the North Coast Regional Water Quality Control Board gave a presentation on Waiver of Waste Discharge Requirements and General Water Quality Certification for Discharges of Waste Resulting from Cannabis Cultivation and Associated Activities or Operations with Similar Environmental Effects inthe North Coast Region (Order No.2015-0023).

CCVH was well represented by Terra Carver, Andy Powell. About 15 people including local environmental attorney Paul Hagen and Undersheriff William Honsal.

"We don't care if it's tomatoes or cannabis"; "Getting our permit does not mean you are getting County permit" just two of the more interesting quotes this afternoon. "Some only care about making money" and "There needs to be a benefit for a grower to be in the system."

Highlights: Provisions for federal law enforcement, provisions for enforcement for DA and Sheriff, group certification program to certify "marijuana growers" and if you are in the program, less fees, does not cover site development, different tier levels for cultivation sites.

Supervisor Estelle Fennell questioned the staff giving report vigorously, including mentioning problems with a program in Sproul Creek.

From the attachment on the agenda:

Overview 1. The North Coast Region is is inundated with cannabis cultivation in headwaters and main river systems, with active, developed sites in steep and rugged terrain. With the increase in use and cultivation of cannabis since the voters' passage ofthe Compassionate Use Act (Prop 215) and the legislature's passage of AB 420, the unregulated activity of cannabis cultivation has grown increasingly year by year, with land area undercultivation increasing exponentially overthe pastdecade. The increased cultivation throughout theNorth Coast Region has resulted in significant waste discharges and a loss of instream flows associated with improper development of rural landscapes on privately-owned parcels, and the diversion ofsprings and streams, to the cumulative detriment of beneficial usesofwater. 2. The purpose of this Order is to provide a water quality regulatory structure to prevent and/or address poorwater quality conditions and adverse impacts towater resources associated withcannabis cultivation onprivateland. Under this Order, anylandowner or operator cultivating cannabis that results in adischarge of waste to an area that could affect watersofthe State(including groundwater) will fall withinoneofthree tiers depending on the nature oftheir operation and risk to water quality.1 Properties with sitecharacteristics ordevelopment that have impacts thatcannot beultimately mitigated to less than significant levels require regulation under aseparate and individual order. 3. This Order applies to any person engaged in cultivating cannabis and associated activities, on private land, that discharge waste toany area that could affect waters of >This Order does not apply toany parcel with acumulative area of cannabis cultivation oroperations with similar environmental effects ofless than 2,000 square feet where there is no potential for discharge of waste.