Watershed Enforcement Team (aka Marijuana Unit) Pat Vellines (former) Watershed Enforcement Team EG RWQCB Redding

Mission: Regulation and Enforcement of Discharges of waste to surface and groundwater caused by marijuana cultivation SWRCB, RWQCB and “Joint” Partnership CDFW 2013 started with a letter from Butte County 11 Water Board Positions between SWRCB, RWQCB (R1 and 5) and 7 CDFW positions Estimated 50,000 grow sites north of Colusa Estimated 10% of the sites are legal Private and Public Sites – Non Federal Lands Strategic Plan - Pilot Program

Why Pilot Program Located in R1 and R5? – remote, unpopulated, cheaper

 Old Hippie Coastal Growers  Legit Medical Users (individual and collectives)  CA Residents making a buck  Out of State Residents “Green” Rush  Cartel (Fed jurisdiction) Who needs BMP info? Who wants a permit? Who needs a hefty fine? Variety of Growers – how to enforce?

What’s the Law? Coordination with Other Agencies Outreach/Stakeholders Education Inspections Enforcement Implementation

Federal Offense – Illegal Possession and Distribution CA Prop 215 Compassionate Use Act legal -need a medical ID card - doctor gives a recommendation County Law –Shasta County Measure A - No Outdoor Grows (Tehama adopted) Butte – 10’ x 15’ grow area Conflicting Laws

Working Group Participants: State County Environmental Groups Growers and Dispensaries Supply and Contractors Politicians Outreach

Proper Water Storage/Minimal Diversion - Water Rights, Illegal water diversion, draining anadromous fish habitat Water Quality -Discharge of excessive nitrates – fertilizers No pesticide applications are legal for grow sites Erosion/Sediment Control - > 1 acre soil disturbance need permit/SWPPP Proper Grading/Excavation and road building CDFW Endangered Species Act – Fish and Wildlife Code 1602 –diversion/obstruction natural flow CDFW Code 5650 – prohibition of dumping in water bodies Education/BMPs

Storm water pollution– irrigation runoff and sediment load to waterbodies erosive soils, high slopes Illegal Timber Harvest and Rural Road Building – Stream Crossing Installation Water Storage and Illegal Diversions, Over-drafting, Irrigation Runoff Impacts from Fertilizers (algal blooms), insect/Rodent/Herbicides – dead fish, animals Petroleum Products Cultivation Related Waste Refuse and Human Waste Water Quality Impacts

Finding Sites – Complaints and Google Earth

Permission or a Warrant (including Warden Declaration) HASP – SAFETY! Ops Plan Field Equipment – GPS Garmin – location and photos, Analytical - Bottle Order – soil and water, Inclinometer, Distance Measuring Tapes Google Earth Maps Copious Note Taking Interrogation Techniques – open ended questions Pre- Inspection

Safety! No. 1 Concern Health and Safety Plan Outlines Hazards: Chemical – Pesticides, Herbicides, Banned Chemicals Biological – Bear, Mountain Lion, Snakes, Insects, Ivy Physical – Heat/Cold, Remote locations, Uneven Terrain, slashed or treated vegetation, animal traps, trash, firearms, booby traps Inspections -HASP

Trash and Debris

Grow Bags, Irrigation Supplies

Storage Tanks, Fertilizers

Fertilizer, Amended Soil

Fertilizer Mixing Tanks

Grow bags – Evaporation Approx. 6 gals H2O/day/plant

Generator Pumping - Diversion

Illegal Timber Harvest/Roads

Crew

Wardens

Canine Warden Phoebe

Plants

Notice of Intent – Application for Coverage under General Order: Tier 1: Cannabis Cultivators whose cultivation areas and associated facilities are located on less than 30% slopes¹, occupy and/or disturb less than 1/4 acre², AND are not located within 200 feet of a wetland³, Class I or II watercourse4. Tier 2: Cannabis Cultivators whose cultivation areas and associated facilities are located on less than 30% slopes¹, occupy and/or disturb less than 1 acre and less than 50% of the Cultivator’s/Landowner’s parcel, AND are not located within 200 feet of a wetland³, Class I or II watercourse4. Tier 3: Cannabis Cultivators whose cultivation areas and associated facilities are located on greater than 30% slopes¹, occupy and/or disturb more than 1 acre² or more than 50% of the Cultivator’s/Landowner’s parcel, OR are within 200 feet of a wetland³, Class I or II watercourse4. A Site Management Plan describing practices that you will implement on the Site to minimize impacts to surface and ground waters must be attached to this NOI. Permits

 Cannabis Identification and Prioritization System (CIPS) uses a GIS platform, high resolution photography, and remote sensing technologies to identify marijuana grow sites in oak woodland, riparian, and conifer environments. * CIPS calculates watershed threat by: identifying all grow sites within a watershed, estimates number of plants at each site, slope of each grow site, and distance to the nearest watercourse, and class of the watercourse. *Helps evaluate Watershed Trends Future Tool - CIPS Database

Enforcement – CAOs ACLs

AB 243 CDFW and SWRCB pilot project to address the Environmental Impacts of Cannabis Cultivation on public and private lands, shall continue its enforcement on a permanent basis and expand them to a statewide level. Recent Legislation (10/2/2015)

Impacts from Recreational Approval 2016 Lessons Learned from Other States – CO, AK, WA, OR Big Agro Business –monoculture/ driving cost down Taxation Future?

Questions?