Transcript Municipal Regional Permit Tentative Order Released

April 23, 2009
Elisa Wilfong
Contra Costa Clean Water Program
Presentation Overview
I.
Regulatory Drivers
a.
b.
II.
Reissued Tentative Order
a.
b.
c.
d.
e.
III.
Existing Permit
History of MRP
Current TO MRP Timeline
Proposed MRP Term and Annual Reporting
MRP Section Layout
Review of Section C.2: Municipal Operations
a.
b.
c.
d.
IV.
Bay Area Implementation
Bay Area Stormwater Management Agencies
Association
Overview of C.3 Green Projects
Overview of IDCA provision
Overview of Pesticides Toxicity Control provision
Overview of Trash provision
Next Steps
a.
b.
May 13 Public Hearing
Plan for MRP adoption
I. Regulatory Drivers

Federal Clean Water Act
 1972 National Pollutant Discharge Elimination Program
(NPDES) Permit Program for “Point Sources”
 1987 Amendments & Section 402(p)
○ Added Municipal, Industrial, and Construction Discharges
○ USEPA Promulgates Phase 1 Stormwater Rules (November
1990)
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State Water Code
 Porter-Cologne Act
 Basin Plans
 State Water Resources Control Board (SWRCB) and its Nine (9)
Regional Water Quality Control Boards (RWQCBs) administer
the federal NPDES stormwater permit program
○ Individual Permits
○ Area Wide Permits
○ General Permits
Bay Area Implementation
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Santa Clara Valley Urban Runoff Pollution Prevention Program
 1990, 1995, 2001
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Alameda Countywide Clean Water Program
 1991, 1996, 2003
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Contra Costa Clean Water Program
 1993, 1999
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San Mateo Countywide Stormwater Pollution Prevention Program
 1993, 1999
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Fairfield-Suisun Urban Runoff Management Program
 1995, 2003
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Vallejo Sanitation and Flood Control District
 1999
Bay Area Stormwater Management
Agencies Association (BASMAA)
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Established in 1991
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Now a Consortium of Eight (8) Stormwater
Programs
 More than 90 agencies, including 79
cities/towns and 6 counties
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Memorandum of Understanding
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Promotes
 Information Sharing and Cooperation
 Cost Sharing through Regional Implementation
 Advocacy for Common Interests
Existing Permit
1.
SFB Order No. 99-058: 7/99 – 7/04
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Amendments
○
Order No. R2-2003-0022 (Provision C.3)
○ Order No. R2-2004-0059 (BayKeeper Suit)
○ Order No. R2-2004-0061 (BayKeeper Suit)
2.
CV Order No. 5-00-120: 6/00 – 6/05
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Both Permits Administratively Extended
Pending Issuance of the MRP
History of MRP
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10/04: RWQCB/BASMAA Initiate Formal MRP Discussions
6/05: BASMAA/RWQCB Develop MRP Goals & Process
10/05: MRP Work Groups Begin Meetings (BASMAA, RWQCB, NGO) through April 2006
11/05: RWQCB Unilaterally Changes Process & Timeline
5/06: BASMAA/NGO Steering Committee Representatives Agree Process Unproductive
5/06: RWQCB Releases Revised Process & Timeline
8/06: RWQCB Releases “MRP Unresolved Issues”, Comments Due August 25, 2006
8/06: RWQCB Revises Deadline September 6, 2006
9/06: BASMAA Submits Preliminary Comments by September 6, 2007 Deadline
9/06: BASMAA Submits September 22, 2006 “Draft Performance Standards Tables” for all MRP
Components
10/06: RWQCB releases October 13, 2006 “Working Draft MRP”, Comments by November 8, 2006
11/06: BASMAA Submits Comments by November 8, 2006 Deadline
11/06: RWQCB Holds Two Stakeholder Meetings on MRP (i.e., September 15 & 20, 2006
12/06: BASMAA Submits Additional Comments on December 7, 2006 as Requested at November 20,
2006
Meeting
12/06: RWQCB Calls Ad Hoc Trash Work Group Meeting
3/07: RWQCB Hearing Provides “Status Report” and Allows Public Testimony, BASMAA Delivers
Presentation
5/07: RWQCB Releases May 15, 2007 “Administrative Draft Municipal Regional Permit”, Comments
Due June
22, 2007, Later Extended to July 13, 2007
6/07: BASMAA Meets with RWQCB (i.e., 5th, 8th, 18th, 19th) to Review May 15, 2007 Administrative
Draft MRP
12/07: RWQCB Releases December 4, 2007 TO MRP, Comments Due February 29, 2008
12/07: RWQCB Releases Revised TO MRP on December 14, 2007, Includes TO MRP Fact Sheet
(76 pages) and Errata Sheet for the Tentative Order Distributed on December 4, 2007.
4/08: Public Hearing on March 11, 2008
2/09: Reissued Tentative Order
Current TO MRP Timeline
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February 11, 2009: RWQCB Distributes
Reissued TO MRP
 Comment due date April 3, 2009
 Public Hearing (Oral Testimony) Conducted
on May 13, 2009
 Target Adoption July 1, 2009
Proposed MRP Term
and Annual Reporting
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Permit Term
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Permit Year 1:
Permit Year 2:
Permit Year 3:
Permit Year 4:
Permit Year 5:
July 1, 2009 – June 30, 2010
July 1, 2010 – June 30, 2011
July 1, 2011 – June 30, 2012
July 1, 2012 – June 30, 2013
July 1, 2013 – June 30, 2014
Annual Reports
 Due September 15th
 First report due September 15, 2010 for FY
2009/2010
 Annual Report Form will be developed by the
Permittees by April 1, 2010.
MRP Section Layout
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Findings
A.
Discharge Prohibitions
B.
Receiving Water Limitations
C.1 Provisions
C.2 Municipal Operations
C.3 New Development and Redevelopment
C.5 Illicit Discharge Detection and Elimination
C.4 Industrial and Commercial Site Controls
C.6 Construction Site Controls
C.7 Public Information and Outreach
C.8 Water Quality Monitoring
C.9 Pesticide Toxicity Control
C.10 Trash Reduction
C.11 Mercury Controls
C.12 PCB Controls
C.13 Copper Controls
C.14 Polybrominated Diphenyl Ethers (PBDE), Legacy Pesticides and Selenium
C.15 Exempted and Conditionally Exempted Discharges
C.16-21 Administrative details of the permit
Appendix I and Attachment A-L
C.2: Municipal Operations
C.2.a Street and Road Maintenance

Permittees shall implement BMPs for asphalt/concrete
removal, cutting, installation and repair (all street and road
repair and/or maintenance sites) to avoid discharges to
storm drain.
 Use the CASQA Handbook for municipal operations.
 Use BASMAA’s Blueprint for a Clean Bay for construction
remains, spills and leaks.
C.2.b Sidewalk/Plaza Maintenance and
Pavement Washing
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Permittees shall implement the BMPs included in the
BASMAA mobile surface cleaner program.
C.2.c Bridge and Structure Maintenance
and Graffiti Removal
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Permittees shall implement appropriate BMPs to prevent
polluted stormwater and non-stormwater discharge from
bridges and structural maintenance activities from entering
the storm drain.
C.2.d Stormwater Pump Stations
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Prevent the discharge of water with low dissolved oxygen (DO) from pump
stations and explore the use of pump stations for trash capture.
 Establish inventory of all pump stations.
 Inspect and collect DO data from all pump stations twice a year
between July and October, starting in 2010.
 If DO levels are <3 mg/L, corrective actions need to be taken until DO
levels are proven to be risen by increased monitoring (two weekly
samples >3mg/L).
 Inspect pumps within 24 hrs of large storm events with monitoring
perimeters.
C.2.e Rural Public Works Construction and
Maintenance
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Permittees shall develop and implement BMPs for erosion
and sediment control during construction and maintenance
of rural roads by April 1, 2010.
C.2.d Corporation Yard BMP Implementation
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Permittees shall prepare, implement, and maintain a site
specific SWPPP.
Each SWPPP shall incorporate all BMPs in the Caltrans
Storm Water Quality Handbook Maintenance Staff Guide,
May 2003.
This provision only applies to yards that are not filed as NOI
facilities.
Routinely inspect yards, plumb vehicle and equipment wash
areas to the sanitary sewer, contain outdoor storage areas
with a berm and/or roof.
C.3.b.iii Green Street Pilot Projects
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Permittees shall cumulatively complete
10 pilot green streets projects that
incorporate LID techniques.
 Projects shall contain stormwater storage for
reuse, enhance livability, create greenways,
include max. parking areas, and provide
pedestrian and bicycle access.
 All projects completed by July 1, 2013.
C.5 Illicit Discharge Detection and Elimination
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Legal authority to prohibit and control illicit
discharges.
Develop/implement ERP (includes timely
correction of violations in 10 business days or
rationale for longer time).
Central contact point and response to spill
complaints.
Control of mobile sources through a program.
Collection system screening (routine surveys for
illicit discharges and illegal dumping).
Keep a log of discharges and complaints (include
a detailed record of each incident).
C.9 Pesticides Toxicity Control
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Adopt a IPM policy or ordinance (by July 1, 2010).
Establish written standard operating procedures for
pesticide use that implements the IPM policy or
ordinance.
All municipal employees who apply pesticides need to
be trained in IPM.
All contracted applicators need to be IPM-certified by
July 1, 2010.
Track and participate in pesticide regulatory processes
and interface with County Ag. Commissioners (can be
regional).
Conduct point of purchase outreach to consumers and
outreach to pest control operators (PCOs).
C.10 Trash Reduction
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Install trash capture devices on catchment areas equal to 30% of
Retail/Wholesale Commercial Land (ABAG land use statistics) by
July 1, 2013.
Identify at least one trash hot spot per 30,000 population or per 100
acres of Retail/Wholesale Commercial Land Area, whichever is
greater (select by Feb. 1, 2010).
Achieve Trash Action Level (TAL) by July 1, 2012, which is 100
pieces of trash per 100 ft assessment reach and no visual impact
from trash within the assessment reach.
Can receive 10% credit for booms and sea curtains and reduce
capture area by 20% for bans and enforcement laws for litter
reduction.
Assess trash hot stops twice a year (beginning and end of the dry
season).
Develop a long term plan to prevent trash impacts on beneficial
uses by 2024 (submit in 2013 report).
Trash Capture Devices
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Design
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Any device or series of devices that trap all
particles retained by 5mm mesh screen
Hydraulic design treatment capacity of not less
than the peak flow rate resulting from a one-year,
one-hour storm in the storm drain catchment area
draining to the device
Exemption to Installing Devices
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Small City Exemption: <12,000 and <40 acres
Retail/Wholesale Commercial Land Area
Trash Assessments
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Hot Spot Assessment
 Trash assessments include a map, a score using the
SCVURPPP Urban RTA (Rapid Trash Assessment)
Method and photo documentation (includes four
photographs)
 At least one initial assessment of each selected hot spot
in late summer 2009
 2x/yr/hot spot at the beginning (May) and ending
(September ) of the dry season, including prescribed
photo documentation
Trash Reporting
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February 1, 2010: propose trash hot spots to Water Board,
complete with assessment, photos and map for each.
2010 AR: report the results of the assessments of the hot
spots (compare with the TAL).
2011 AR: report the results again for hot spots and report
steps towards installing full capture devices.
2012 AR: report the results again for hot spots and report
whether the TAL has been achieved at the hot spots (if not
achieved then report additional actions to achieve goal).
Report design, locations and funding for full trash capture
device installation.
2013 AR: report the results again for hot spots and report
compliance with the full trash capture device installation
requirements (including documentation of annual vol. of
trash collected). The long-term plan for trash abatement shall
be submitted this year.
May 13 Public Hearing
BASMAA continual suggestions for
revisions on sections of the permit.
 BASMAA’s suggestion of giving the Copermittees the goal and the Copermittees decide the means.
 The challenge of maintaining
implementation flexibility and
accountability with the new permit.
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MRP Adoption
Proposed adoption date of July 1, 2009.
 Limited response to comments for last
TO.
 Limited time for Permittees to discuss
possible changes to permit before
adoption date.
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Questions