Participation Agreement Between Ventura County Agricultural Irrigated Lands Group (VCAILG) and Agricultural Landowners or Growers That Are Members

Section I. Recitals

A. On September 28, 2023, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted General Waste Discharge Requirements for Discharges from Irrigated Lands within the Los Angeles Region (WDR). The WDR adopted on that date (Order No. R4-2023-0353) replaces the Conditional Waiver adopted by the Regional Board on April 8, 2021 (Order No. R4-2021-0045) and amended on April 14, 2022 and December 8, 2022 (Order Nos. -2021-0045-A01 and R4-2021-0045-A02, respectively). The Regional Board maintains the discretion to further revise the WDR as necessary. Further, the State Water Resources Control Board maintains discretion to revise the General Order based on its review of petitions filed by other parties or on its own accord.

B. The WDR implements the long-term Irrigated Lands Regulatory Program and regulates both landowners and operators of irrigated lands from which there are discharges of waste that could affect the quality of any waters of the state. California law defines waters of the state to mean any surface water or groundwater, including saline waters, within the boundaries of the state. The goal of the WDR is to monitor the impact of stormwater and irrigation tailwater discharges from irrigated agricultural land and to mitigate those impacts as necessary to attain water quality objectives.

C. The WDR allows owners or operators of irrigated lands to comply with its requirements by participating in a discharger group that is responsible for fulfilling regional requirements and conditions, including submitting a Notice of Intent (NOI), conducting monitoring in accordance with an approved Monitoring and Reporting Plan (MRP) and Quality Assurance Program Plan (QAPP), submitting annual monitoring reports and reports water quality benchmark exceedances, collecting and compiling Irrigation and Nutrient Management Report (INMR) data, developing and implementing Water Quality Management Plans (WQMP), and if necessary, submitting groundwater trend monitoring reports, and groundwater protection formula, values, and targets.

D. VCAILG was formed in March 2006 to serve as such a discharger group to help agricultural landowners and growers in Ventura County improve water quality and comply with the original Conditional Waiver (Order No. R4-2005-0080) and continues to operate and aid in compliance with the WDR (Order No. R4-2023-0353), including any amendments to or subsequent iterations of the WDR.

E. VCAILG is an unincorporated organization administered by Farm Bureau of Ventura County (FBVC). Membership in FBVC, or any other agricultural organization, is not required for participation in VCAILG.

F. VCAILG is managed by FBVC, with guidance from a steering committee comprising growers, water agency representatives, landowners, agricultural organizations and other individuals that represent a cross-section of Ventura County's geography and agricultural commodities. VCAILG does not intend to duplicate the general activities and efforts of existing agricultural organizations.

G. VCAILG serves solely to help agricultural landowners and operators comply with the WDR and with Total Maximum Daily Loads (TMDLs) adopted by the Regional Board and/or the U.S. Environmental Protection Agency (USEPA). VCAILG is not a part or agent of the Regional Board.

H. The Participant understands that enrollment and participation in VCAILG is voluntary, and that participation in the VCAILG provides for compliance with certain provisions specified in the WDR but that there are some requirements in the WDR that are specific to the individual member.

I. Participant understands that compliance with the WDR may also be attained by acting as an individual and applying directly to the Regional Board.

Section II. Agreements

A. VCAILG shall fulfill all of the requirements and responsibilities associated with third party requirements contained in the WDR, including e.g., conducting education and outreach activities to inform members of program requirements, and water quality problems. VCAILG shall submit an NOI, a Monitoring and Reporting Plan, and a Quality Assurance Project Plan to the Regional Board on behalf of all VCAILG participants by March 28, 2024. Updates to the Monitoring and Reporting Plan and Quality Assurance Program Plan shall be performed and submitted by VCAILG as needed or as directed by any amendments to or subsequent iterations of the WDR.

B. VCAILG shall implement the Monitoring and Reporting Plan and Quality Assurance Program Plan as approved by the Regional Board.

C. VCAILG shall submit annual monitoring reports, farm evaluation survey template, Irrigation and Nutrient Management Plan and Report templates and reports, outlier methodology, Water Quality Management Plans (WQMPs), groundwater trend monitoring plan, groundwater trend monitoring reports, groundwater protection formula, values and targets, and any other required reports specified as the responsibility of the Discharger Group in the WDR, including any amendments to or subsequent iterations of the WDR on behalf of all VCAILG participants.

D. Participant shall attend annually at least 2 hours of educational training, approved by the Regional Board Executive Officer, about water quality, impairments relating to agriculture, regulatory requirements, and management practices that control waste discharges. Annual educational training attendance must be documented and reported by VCAILG to the Regional Board. Participant understands that failure to attend or register attendance at educational training sessions to VCAILG will also be reported to the Regional Board, which may initiate enforcement action for violation of the WDR.

E. VCAILG shall sponsor, organize, document, and help coordinate a suitable number of workshops, seminars and other educational activities enabling participants to meet the education requirement. Participant is responsible for registering attendance with VCAILG.

F. The Participant shall review all outreach materials provided by VCAILG to educate Participant about water quality problems in Participant's specific geographical area and the recommended Management Practices to address those problems.

G. Participant shall provide information requested by VCAILG and its consultants in a timely manner so that VCAILG may prepare reports required by the WDR. This will include completion of farm evaluation surveys to assess management practice location and degree of implementation. Participant must complete each survey and understands that VCAILG must report to the Regional Board the survey completion status of each participant. The Regional Board may initiate enforcement action for violation of the WDR against any participant who does not complete each survey.

H. Participant shall respond, according to provided direction, to all notifications of TMDL water quality exceedances and indicate a compliance pathway selection of either Track 1 or Track 2. Once the compliance track is selected, Participant agrees to submit all required farm-specific plans, as required by the WDR, including any amendments to or subsequent iterations of the WDR.

I. Participant shall develop an Irrigation and Nutrient Management Plan for their farm and submit summary information from that plan, as required by the WDR, including any amendments to or subsequent iterations of the WDR.

J. Participant shall participate in VCAILG in good faith and work toward improving water quality in Ventura County. This includes implementing targeted Management Practices to address exceedances of water quality objectives within a time-certain schedule as set forth in each WQMP; or as specified in a farm-level management practice plan when Track 2 is selected.

K. Participant shall comply with and abide by all of the terms of this Agreement, and understands that failure to abide by the terms of the Agreement may result in termination from VCAILG.

L. Participant shall allow VCAILG consultants and staff access to Participant's land for water quality monitoring and related activities.

M. Participant understands that data and information submitted to the Regional Board may generally be considered public information and subject to the provisions of the state's Public Record Act laws, as determined by the Regional Board. Further, Participant understands that the Regional Board may request to review data and information that is otherwise maintained solely at the VCAILG offices.

N. Participant shall timely pay program assessments as determined by VCAILG in accordance with Section III.

O. Participant shall maintain on site, for inspection by the Regional Board, proof of participation in and contact information for VCAILG, all regulatory-required pesticide information, the current WQMP, a copy of the most recently completed BMP survey/farm evaluation survey, and a copy of the Irrigation and Nutrient Management Plan. Digital documents and/or access to web-based documents are acceptable.

P. Participant understands that the Regional Board may, at reasonable hours, inspect Participant's facilities and irrigated agricultural lands to evaluate compliance with the requirements of the WDR. To the extent required by law, the inspection will be made with the consent of Participant or, if consent is withheld, pursuant to a duly issued warrant. In the event of an emergency affecting public health and safety, an inspection may be performed without Participant's consent or the issuance of a warrant. Participant shall provide the phone number(s) and name(s) of the individual(s) with authority to provide consent to access its facilities.

Q. Under the terms of the WDR, Participant understands that both owners and operators of irrigated agricultural lands have responsibility for compliance with the WDR. Many management practices will be operational in nature and under the direct control of the operator, while structural practices (which remain in place through changes in leaseholders) will more likely be the responsibility of the landowner. Participant understands that the Regional Board reserves the right to issue an order pursuant to its authority under Water Code section 13267 to an individual owner or operator of irrigated lands participating in VCAILG, which may require the Participant to conduct monitoring and/or prepare a technical report that is specific to their operation even though Participant is participating in good faith in VCAILG. Participant understands that in the event the Regional Board takes enforcement actions, the landowner and operator will both be held liable for noncompliance with the WDR, regardless of whether the landowner or the operator is the party enrolled under the WDR. Landowners and operators may consider delineating these responsibilities in lease agreements; however, both the owner and operator will retain full legal responsibility for complying with all provisions of the WDR.

R. Participant shall notify VCAILG within 30 days of any change in participant and parcel status including, but not limited to, changes to the landowner's name or contact information, grower/operator's name or contact information, billing party designation or contact information, and irrigated acreage.

Section III. Cost Allocations

A. VCAILG has developed a financing mechanism to collect revenue to pay for administration and implementation of program activities required by the WDR, which includes requirements associated with TMDLs.

B. VCAILG shall apportion costs of water quality sampling, analysis and special studies by watershed and subwatershed, based on the number of monitoring sites and type of activities and studies required in each watershed or subwatershed (including TMDL specific requirements). These costs vary, and the cost allocation per acre will not be uniform across all watersheds and TMDL areas.

C. Other program costs, including administration, report preparation, data management and analysis, and contract management shall be shared equally by all VCAILG participants on a per-acre basis.

D. Subject to authorization by the state, VCAILG shall manage collection and payment of annual WDR fees assessed by the State Water Resources Control Board pursuant to Title 23 Section 2200.6 of the California Code of Regulations.

Section IV. Termination from Participation in Discharger Group

A. Participant understands that Participant may voluntarily withdraw from VCAILG by completing a Notice of Termination (NOT). Participant understands that under the provisions of the WDR, the signed NOT must be sent directly to the Regional Board. In addition, Participant shall send a copy of the NOT to VCAILG at the address below. Participant understands that termination from coverage will occur on the date specified in the NOT.

Send to:
Farm Bureau of Ventura County
Attn: VCAILG Program Administrator
P.O. Box 3160
Ventura, CA 93006-7360

B. Participant understands that failure to participate in VCAILG in good faith, to provide necessary information in a timely manner, to pay cost assessments in a timely manner, or to comply with other terms of this Agreement, is cause for the Participant's termination from VCAILG. If VCAILG determines that a Participant's participation should be terminated, VCAILG is required by the WDR to notify the Regional Board of that fact.

C. Participant understands that VCAILG will include compliance and non-compliance information for individual participants in each Annual Monitoring Report and Water Quality Management Plan submitted to the Regional Board per terms of the WDR. These documents are public records.

D. If the reason for possible termination is nonpayment of program assessments, VCAILG shall provide Participant with a second and third notice of payment due and shall attempt to contact Participant by telephone to confirm intent to withdraw from VCAILG, before informing the Regional Board of Participant's failure to participate.

E. Participant understands that withdrawal from VCAILG means that Participant is no longer complying with the WDR through the Discharger Group and must comply with the WDR as an individual by applying directly to the Regional Board.

Section V. General Provisions

A. Liability for Compliance. VCAILG is not responsible or liable for determining individual compliance with the terms of the WDR or the Water Code in general. VCAILG is responsible only for compiling and conveying to the Regional Board information related to an individual's participation in VCAILG, completion of required surveys, satisfaction of the annual education requirement, and submittal of Irrigation and Nutrient Management Plan summary report information. Participant does not assume any legal obligation or liability for any other VCAILG participant.

B. Hold Harmless and Indemnification. Except for damage or loss resulting from willful misconduct, gross negligence, or breach of fiduciary obligation in connection with this Agreement, VCAILG and its respective participants, directors, officers, associations, consultants, or employees will not be liable to Participant for any loss or damage in connection with this Agreement. VCAILG and Participant shall each bear responsibility for the consequence of its own willful misconduct, gross negligence, and breach of fiduciary obligation in connection with this Agreement, or in connection with any work undertaken in accordance with this Agreement. Participant shall indemnify, defend, and hold harmless VCAILG and its respective participants, directors, officers, associations, consultants, and employees, from the consequences of any such willful misconduct, gross negligence, and breach of fiduciary obligation, to the extent allowed by law.

C. Amendment. This Agreement may be amended or modified only by a written instrument executed by VCAILG. VCAILG shall give Participant prior notice of any amendments to this Agreement.

D. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter of this Agreement and supersedes any prior oral or written agreement, understanding, or representation relating to the subject matter of this Agreement.

E. Partial Invalidity. If, after the date of execution of this Agreement, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable. However, in lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

F. Choice of Laws. This Agreement shall be interpreted according to the laws and regulations of the State of California (not including California's choice-of-law rules) and any applicable Federal laws or regulations. Any action brought under this Agreement must be brought in Ventura County, California.

G. Compliance with Law. In performing their respective obligations under this Agreement, the parties shall comply with and conform to all applicable laws, rules, regulations, and ordinances.

H. Notices. All notices, requests, demands, or other communications required or permitted under this Agreement must be in writing unless provided otherwise in this Agreement and will be deemed to have been duly given and received on: (i) the date of service if served personally or served via facsimile transmission on the party as indicated in this agreement, (ii) on the first day after mailing, if mailed by Federal Express, U.S. Postal Service Express Mail, or other similar overnight courier service, postage prepaid, to the address for the party as indicated in this agreement, or (iii) on the third day after mailing if sent by first class mail, registered or certified, postage prepaid, to the address for the party as indicated in this agreement.

I. Dispute Resolution. If a dispute arises between Participant and VCAILG with reference to Participant's performance under this Agreement that amounts to a failure to participate in VCAILG, VCAILG and Participant shall strive in good faith to resolve the dispute before VCAILG notifies the Regional Board of Participant's failure to participate in VCAILG. Should there arise a dispute between Participant and VCAILG with reference to the proper interpretation of the terms of this Agreement, the parties shall submit such matter to binding arbitration in accordance with the rules and procedures of the American Arbitration Association. Participant and VCAILG shall share equally the cost of the arbitration. However, each party shall be responsible for its own attorney's fees and costs of presentation of its respective case.