Water Quality Fee Schedule for Marijuana Cultivation
On August 13, 2015, the Regional Water Board adopted a water quality regulatory Order R1-2015-0023 (the Order) to address water quality impacts from cannabis cultivation and associated activities or other operations with similar environmental effects on private property in the North Coast Region.
The annual fees associated with enrollment in the Order are set by the State Water Resources Control Board (State Water Board) and will be presented for considered adoption by the State Water Board on September 16, 2015 during their regularly scheduled Board Meeting. Below is a link to the meeting agenda at which the proposed FY 2015-16 Water Quality Fee Schedule (Item 2) will be presented for the Board’s consideration. Please see the bottom of page 2 of the agenda for instructions on how to submit written comments. http://www.waterboards.ca.gov/board_info/agendas/2015/sep/091615_agenda.pdf
The proposed annual fee schedules for 2015-2016 can be viewed here and includes an annual fee schedule for marijuana cultivation as follows:
2200.7 Annual Fee Schedule for Marijuana Cultivation.
(a) Annual fees for waste discharge requirements and waivers of waste discharge requirements for discharges associated with marijuana cultivation shall be as follows:
(1) Category 1: If a discharger is not a member of a group that has been approved by the appropriate Regional Water Quality Control Board, the following fee schedule applies :
Tier Discharge Threat1 Annual Fee 1 Low Threat to Water Quality $1,000 2 Moderate Threat to Water Quality $2,500 3 Elevated Threat to Water Quality $10,000
(2) Category 2: If a discharger is a member of a group that has been approved by the appropriate Regional Water Quality Control Board, the following fee schedule applies:
Tier Discharge Threat1 Annual Fee2 1 Low Threat to Water Quality $700 2 Moderate Threat to Water Quality $1,750 3 Elevated Threat to Water Quality N/A
1 As assigned by the appropriate Regional Water Quality Control Board
2 Dischargers in Tier 3 may join a third-party group, but must pay the Category 1 fee unless the Regional Water Quality Control Board subsequently assigns the Discharger to a lower tier. Any Discharger that is required by the Regional Water Quality Control Board to take corrective action shall be subject to the fee schedule in Category1 for a minimum of one billing cycle, and for all subsequent billing cycles until all corrective actions are complete as determined by the Regional Water Quality Control Board.
Note: Authority cited: Sections 185 and 1058 of the Water Code. Reference: Sections 13260 and 13269 of the Water Code