What is an Early Action Plan (EAP)?
For the purposes of the Nitrate Control Program, an EAP is defined as “a plan that identifies specific activities, and a schedule for implementing those activities, that will be undertaken to
ensure immediate access to safe drinking water for those who are dependent on groundwater from wells that exceed the Primary MCL for nitrate.”
2 Such plans are required if public water supply or domestic wells in the area of contribution for an individual discharger, or the area of contribution for the whole of a Management Zone exceed the water quality objective for nitrate.
EAP must include the following, unless otherwise approved by the Central Valley Water Board’s Executive Officer:
1. A process to identify affected residents and the outreach utilized to ensure that impacted groundwater users are informed of and given the opportunity to participate in the development of proposed solutions;
2. A process for coordinating with others that are not dischargers to address drinking water issues, which must include consideration of coordinating with affected communities, domestic well users and their representatives, the State Water Board’s Division of Drinking Water, Local Planning Departments, Local County Health Officials, Sustainable Groundwater Management Agencies and others as appropriate;
3. Specific actions and a schedule of implementation (as short as practicable) to address the immediate drinking water needs of those initially identified within the Management Zone (Pathway B) or for an individual permittee (Pathway A) the area of contribution for an individual permittee that are drinking groundwater that exceeds nitrate standards and that do not otherwise have interim replacement water that meets drinking water standards; and
4. A funding mechanism for implementing the EAP, which may include seeking funding from Management Zone participants, and/or local, state and federal funds that are available for such purposes.
5. For participants in a Management Zone (Pathway B), the EAP is submitted to the Central Valley Water Board with the submittal of a Preliminary Management Zone Proposal. Implementation of the EAP shall begin as soon as is reasonably feasible, but no later than 60 days after submittal, unless the Central Valley Water Board deems the EAP to be incomplete.
6. For individual permittees (Pathway A), the EAP is submitted to the Central Valley Water Board 60 days from 270 days after receiving a Notice to Comply.
2 See Definitions and Terminology Specific to the Salt and Nitrate Control Program, Basin Plan Amendments.