11/15/11
.Permission for use is granted, however, credit must be made to the California Farm Bureau Federation when reprinting this item.

Farmers and ranchers charged for water rights have been sent their annual bills, which reflect increases that include a jump for the minimum charge for the first 10 acre-feet of water, from $100 up to $150.

The State Board of Equalization mailed payment notices Nov. 2 to water rights holders for fiscal year 2011-12. They went to some 6,500 water-right licensees and permitees, who hold more than 13,000 permits and licenses issued by a unit of the State Water Resources Control Board.

Starting when the charge was introduced in 2003, California Farm Bureau Federation attorneys have recommended that bill recipients also file a protest—technically, a petition for reconsideration—to the state water board. Doing so, they said, could improve chances of obtaining a refund if the fee were ultimately ruled invalid.

As in the past, CFBF Associate Counsel Carl Borden advises water rights holders to heed the Dec. 2 payment deadline and pay the charge, along with filing a protest.

"Paying the charge to the Board of Equalization will not only avoid the imposition of a penalty and interest, but it will protect the payer's water right from possible forfeiture," Borden said. "But in addition, the payer should file a petition for reconsideration, which the State Water Resources Control Board must receive by the Dec. 2 filing deadline."

Borden said a form that can be used to file a protest with the SWRCB is posted online atwww.cfbf.com/protestform.cfm.

Earlier this year, the state Supreme Court directed the court of appeal to return to the trial court the case brought by CFBF, to make detailed findings on whether the water rights fees assessed on holders of water rights permits and licenses are reasonably related to the benefits they receive from its regulatory activity and the burdens they impose on its regulatory program.

Doing so will allow the trial court to determine whether the fees were reasonably proportional and thus not a tax, the justices wrote in the decision the Supreme Court handed down in February.

(Kate Campbell is an assistant editor of Ag Alert. She may be contacted at kcampbell@cfbf.com.)

8/17/11

.California’s Above Ground Petroleum Storage Act (APSA) – Conditional Exemption

Farm’s, nurseries, logging and construction sites are conditionally exempt from the APSA to prepare and implement an SPCC plan which regulates storage of petroleum based oil products, including biodiesel. Propane, liquefied petroleum gas or liquefied natural gas are not regulated under APSA.

A tank facility located on a farm, logging or construction site is exempt if:

• No storage tank at the location exceeds 20,000 gallons; and

• The cumulative storage capacity does not exceed 100,000 gallons.

To maintain the conditional exemption from preparing and implementing an SPCC plan on farms, nurseries, logging and construction sites owners/operators are required to:

• Conduct a daily inspection of all above ground tanks storing petroleum and maintain a log; and

• Allow an inspector from the Unified Program Agencies (UPA) to conduct periodic inspections of the storage tanks; and

• If the UPA determines that secondary containment is necessary, install secondary containment for each tank or group of tanks. The containment area must be able to contain the entire contents of the largest tank in the area, plus precipitation.

• Pay program fees for your above ground storage tanks.

 PA – Spill Prevention, Control and Countermeasure (SPCC) Plan

The federal SPCC program is to prevent *oil spills into waters of the United States and adjoining shorelines. Farms, nurseries, logging and construction sites are not exempt under the federal SPCC regulations and are required to develop, certify and implement an SPCC Plan if:

• The farm stores, transfers, uses, or consumes *oilor *oil products,; and

§The farm stores more than 1,320 gallonsin aboveground containers of 55 gallons or greater or more than 42,000 gallonsin completely buried containers (Adjacent or non-adjacent parcels, either leased or owned, may be considered separate facilities for SPCC purposes do not need to be added together in determining whether the 1,320-gallon applicability threshold is met); and

• If the tanks could reasonably be expected to discharge oil to watersof the US or adjoining shorelines, such as interstate waters, intrastate lakes, rivers, and streams.

What should you do?

1.Develop your SPCC plan:

§If your farm was in operation before August 16, 2002 and you do not already have an SPCC Plan in place, you must prepare a plan now. Don’t wait. If you have an SPCC plan in place you must maintain or amend your existing plan by November 10, 20110 and keep a copy on site.

• If your farm began operation after August 16, 2002, but before November 10, 2011, you must develop, certify and implement an SPCC Plan on or before November 10, 2011.

• Your Plan must be amended and updated when changes are made to the farm, i.e. if you add new storage containers or purchase or lease parcels with containers that can contain 55 gallons or more. You must review your Plan every five years to make sure it includes any changes in oil storage at your farm.

2.Certify your SPCC plan:

§You may self-certify your SPCC Plan if your farm has a total oil storage capacity between 1,320 and 10,000 gallons in aboveground containers and there are no aboveground containers at your farm greater than 5,000 gallons in capacity. Your plan will need to contain the following information:

a.A list of the oil containers at the farm by parcel (including the contents and location of each container);

b.A brief description of the procedures that you will use to prevent oil spills. For example, steps you use to transfer fuel from a storage tank to your farm vehicles that reduce the possibility of a fuel spill;

c.A brief description of the measures you installed to prevent oil from reaching water (see next section);

d.A brief description of the measures you will use to contain and cleanup an oil spill to water; and

e.A list of emergency contacts and first responders.

§Or you may use the SPCC Plan template that is available to download from EPA’s Web site at: http://www.epa.gov/oem/content/spcc/tier1temp.htm

§You may need to have a certified Professional Engineer prepare your SPCC plan if:

Your farm has storage capacity of more than 10,000 gallons or has had an oil.

3.Implement your Plan:

• Usecontainers suitable for the oil stored. For example, use a container designed for flammable liquids to store gasoline;

• Identifycontractors or other local personnel who can help you clean up an oil spill;

• Provide overfill preventionfor your oil storage containers. You could use a high-level alarm, or audible vent, or establish a procedure to fill containers;

• Provide effective, sized secondarycontainmentfor bulk storage containers, such as a dike or a remote impoundment. The containment must be able to hold the full capacity of the container plus possible rainfall. The dike may be constructed of earth or concrete. A double-walled tank may also suffice;

• Provide effective, general secondary containmentto address the most likely discharge where you transfer oil to and from containers and for mobile refuelers, such as fuel nurse tanks mounted on trucks or trailers. For example, you may use sorbent materials, drip pans or curbing for these areas; and

• Periodically inspect and test pipes and containers.You should visually inspect aboveground pipes and inspect aboveground containers following industry standards. You must “leak test” buried pipes when they are installed or repaired. EPA recommends you keep a written record of your inspections.

For comprehensive information regarding the SPCC requirements, secondary containment, Tier I self-certification template, and information for Farmers fact sheet go to: http://www.epa.gov/oem/content/spcc/index.htm

Contact the California Farm Bureau: 916-446-4647.

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California Department of Fish and Game’s
(“Department”) interpretation of Fish and Game Code §1602 as described in both the Shasta and Scott Watershed-Wide Permitting Programs (“ITP/SAA Program”).

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