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HomeMy WebLinkAboutAgenda Bill 12.A 01/27/20034 CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda- Title Presentation and Discussion of the National Meeting. Date: Pollutant Discharge El tninat' 'ion System (NPDES) Storm Water January 27, 2003 Management Program and Phase 11 Storm Water General Permit Q Appl'i`cation. Deoartment Director Contact Person Phone Number C 11 ter Resources and Michael Ban', P Dean Eckerson, 707 =778 -4583 nservation P.E_ Cost of Proposal N/A Account Number N/A Amount Budgeted N/A Name of Fund: N/A Attachments to Amda,Packet, tern • Agenda Report • Attachment A — Technical Reports Storm Water Purpose and Goals, Recommended Best Management Practices, and Im lementation Schedule and Resource Plan Summary Statement The Storm Water Phase II Rule is the follow -up to, the U.S., Environmental Protection Agency's (U.S. EPA "s) Storm Water Phase I National Pollutant Discharge Elimination System (NPDES) Program, promulgated. in 1990. as part of the Clean Water -Act: The Phase 11 Rule promulgated in 1999 expands the Phase I program by requiring additional operators of municipal separate storm sewer systems (MS4s) in urbanized areas and operators of small (one to five acres) construction sites, through the use of NPDES permits, to implernent programs and practices to manage storm water runoff. NPDES Permits .are required because storm water ,discharges from these MS4s are considered "point sources" of pollution. The California Regional Water Quality Control Board, San Francisco Bay Region (SFBRWQCB) is the regulatory agency with NPDES Permit oversight authority for Petaluma. The Storm Water Phase II Final Rule requires the City of Petaluma as an MS4 operator, to apply for coverage under the statewide General NPDES Permit. By March 10, 2003 the City is required to submit (1) a Notice of Intent, (2) a fee of $7,500, and (3')" a Storm Water Management Program to the Regional Board. Council Priority THIS AGENDA I-TEM'`1S CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR MORE OF THE 2001 PRIORITIES:ESTABLISHED BY THE CITY COUNCIL ON JULY 21, 2001. Priority(s): N/A Recommended City Council Action /Suggested Motion City Management recommends the City Council consider the presentation on the Phase II storm water program, provide comment and direction to City Management on revisions, clarifications or additions, if any, for incorporation into the Storm Watet Management Program, and direct, City Management to prepare the Storm Water Management Prograih,and General Permit coverage from the State Water Quality Control Board in support of the U.S. EPA Phase ,H storm water rule. Reviewed by Finance Director.: Reviewe L - it. ,A ttorney :' Apprm itv Manner: Date: Pate: I j° y Today's Date Revision # and Date Revised: File Code: December 31, 2002 # S:/WR &C /Agenda/1 -27 -03 NPDES a %� CITY OF PETALUMA, CALIFORNIA JA NUARY 27, 2003 AGENDA R EPORT FOR PRESENTATION AND DISCUSSION ON THE NATIONAL POLLUTANT DISCHARGE ELIMINATION` SYSTEM (NPDES) STORM WATER MANAGEMENT PROGRAM AND PHASE II STORM WATER GENERAL PERMIT APPLICATION 1. EXECUTIVE SUMMARY The Storm Water Phase II Rule is the follow -.up to the U ;S Environmental ( Protection Agency's (U.S. EPA' s) ,Storm Water Phase I National Pollutant Discharge Elimination System (NPDES) Program promulgated in 1.990 as. part of the Clean Water Act. The Phase II Rule promulgated in 1999 expands the Phase I program by requiring additional operators of municipal separate storm sewer systems (MS4s) in urbanized areas and operators of small. (one,to five acres) construction'sites, through the use of NPDES permits to implement programs and practices to manage storm water runoff. NPDES Permits are required because storm water discharges from. these MS4s are considered "point sources" of pollufon. The California Regional. Water Quality Control,Board, San Francisco Bay Region (SFBRWQCB) is the regulatory agency with. NPDES Permit oversight authority for Petaluma, The Storm. Water Phase'II Final Rule requires the City of Petaluma, as an MS4 operator, to ap ply for coverage under the statewide General NPDES Permit. By March 10, 2003' the City is required to subn it'(I) a Notice of Intent, (2) a fee of 00 $7,5,,and (3).a Storm Water' Management-Program to the Regional Board, City Management recommends the City Council. consider the presentation, on the Phase II storm water program, provide comment and direction to City Management on revisions, clarifications or additions, if any, for incorporation into the Storm Water: Management Program, and direct City Management to prepare the Storm Water. Management Program and procure. General Pbrmit coverage from the State Water Quality Control Board in -support of the U.S..EPA Phase H storm water"rule. 2.' BAexGROUrin "St"orm water management and pollution control. falls under" the purview, of'federal, ,state and local governments and all play-important roles in establishing and maintaining"effective, programs. Consequently, a, team.,approach must be taken to avoid the oerlap of key responsibilities and -authorities, and-to ensure the .various government agencies function cooperatively. The key agencies, besides the City; involved 1n. storm water pollution programs for our jurisdiction include the U S. Environmental Protection-Agency (U. $ the State Water Resources Control Board (SWRCB) and the San Francisco Bay Regional Water Control Board (SFBRWQCB). • The U. .. PA a s established in 1970 . to address the growing public demand for lea d. Enactment of the Federal Water Pollution Control Act Amendments of 1972 established federal laws to reduce or eliminate pollutants in waters of the United States. As amended in 1977, these laws became known as the'Clean Water Act (CWA). The 1977 amendment to the CWA. states the discharge of pollutants to waters of the United States from any point source is unlawful, unless the discharge is in compliance with a National Pollutant'Discharge Elimination. System (NPDES) permit. In 1987, the CWA was further amended to add_ Section 402(p), establishing a framework for regulating storm water discharges under the NPDES Program. The 1987 amendment expanded the CWA to address point source pollutants in two phases. In 1990, the U.S. EPA promulgated regulations for permitting storm water discharges from industrial sites (including construction sites disturbing 5 acres or more) and from municipal separate storm=sewer systems (MS4s) serving a population of 100,000 or more. These. regulations, known as the Phase I regulations, require operators of medium and large M84s to obtain storm water permits. In 1999, the U.S. EPA promulgated Phase II regulations requiring permits for storm water discharges from Small MS4s (any MS4 not covered in • Phase I) and from construction sites disturbing between 1. and 5 acres. The U.S. EPA designated the'SWRCB as the permitting authority in California. Specifically, the Phase I and Phase Il regulations require .the SWRCB to issue NPDES' permits to all operators of MS4s. The SWRCB began issuing permits for the Phase.I Program in 1991. Incompliance. with the. Phase II regulations, the issued a draft General.Permit in October 2002. The SFBRWQCB is designated as the. local NPDES permitting Authority under agreement with the U.S. EPA. The SFBRWQCB and their staff will oversee the Phase II General Permit, and will act as liaison to, the SWRCB and the U.S. EPA, as they have for , the Phase l Program. Presently Santa Rosa, Sonoma County and the Sonoma County Water Agency are co- permittees under Phase I. Generally cities -between 10;000 and 100,00:0 population must comply with the Phase H rule, unless. the state or federal government designated them due to their proximity to sensitive water bodies or other criteria.. Our neighbors, Cotati and Sonoma, bothunder 10,000, will participate in Phase H. The U.S. EPA and the SFBRWQCB are encouraging the use of general permits, rather than individual permits, consisting of one set of:requirements for all applicable permittees to promote consistency under the Phase II rule. The SWRCB' draft General Permit is presently under revision .and is anticipated to be • adopted during the first quarter of 2003 The General Permit requires each 2 municipality to develop, implement, and enforce a Storm Water Management _ Program (SWMP) to reduce discharges of pollutants to the "maximum extent practicable to protect water-quality. The EPA ,defines, 'a SWMP as a program consisting of six elements that, when implemented together, are expected, to achieve significant reductions of pollutant discharges into receiving water bodies, in our case the PetalumaRiver and its tributaries. The Ahi'mum Control Measures required by the permit are: Public Education and Outreach Public Participation /Involvement . ® Illicit :Discharge Detection and Elimination Construction Site Storm %ter Runoff 'Control • Post-Construction Storm Water Management ® Pollution Prevention for Municipal Operations A minimum control measure is composed of measurable goals that identify pollutants of concern, such. as 'sediment or metals, the target .audience, who is responsible for implementation,,, and several `best management practices' (BMPs) or procedures that reduce the.,pollutant. Each MS4 operator is to evaluate their situation and determine what BMPs work best for them. Municipalities are strongly encouraged to participate in group efforts and activit "ies within their region and adapt other municipalities work, where appropriate, to their situation to ensure the best use ,of. resources. Accordingly, the City has already met. with • SFBRWQCB staff to discuss the storm water regulations and, explore the various elements of an effective SWMP. The -most recent meeting on October 24, 2002 involved representatives from the Cities of Sonoma and Cotati, -as well as Sonoma County staff, and included.a discussion on regional efforts we., may participate in for permit compliance. The next regional meeting is scheduled -for late January 2003. In response to the Phase II requirements, Petaluma will develop, finance, carry out, and enforce a comprehensive program that manages storm water pollution and .improves water quality. The Department of Water Resources and Conservation will be taking the lead on, this new program working closely with Community Development, .Public Facilities and Services, and Parks! and Recreation. The program affects a broad range ,of municipal activities including: • Education.and outreach. to the general public, businesses,. and municipal staff about the impacts of storin water discharges.. on local water ways; • Public involvement in, the, development, and review of the SWMP and participation in various activities a Planning and environmental review of all projects within the City; • Consideration of policies and ordinances to prohibit non- water discharges to the storm drain system, clarify authority to ,contro'l and enforce what is discharged to. storm systems, increase storm drain' maintenance and • 3 street sweeping activities, and require erosion and sediment controls during construction; • ® Investigation of possible cross - connections between storm and sewer systems; • Oversight and inspection of construction projects :with. respect to reducing runoff; • Development and implementation of long -term BMPs for post construction control's; and • Implementation a e fleet stor sewer, building p rr and tices for .municipal operations such p arksmaintenance. The City is already implementing a number of 'these activities that will become part of our SWMP, including elimination of cross - connections between storm and sewer systems, and requiring construction erosion control measures on development and p j also conducting street. sweeping on a regular basis, and evaluating BMPsWn a number. of our existing programs. BMPs under consideration are liste iii the attached report on Recommended Best Management Practices (see Attachment A). The City is required to monitor, document, and evaluate the effectiveness of the comprehensive program on an annual basis and report to the SFBRWQCB every two years; the first report.is due September 2004. The attached report on Storm Water Purpose and Goals provides additional background information. 3. ALTERNATIVES The City of Petaluma operates a `municipal separate storm sewer system and is automatically designated as a regulated Small MS4. Accordingly, the City is required to develop a'Storm Water Management Program and. submit a permit application (either separately or as a co -permi te.e) for our storm water system to the State Water Resources Control Board. Alternatives available for procurement of the permit include: a. Prepare a. Storm Water Management Program and application for General Permit Coverage as a'separate municipality; b. Prepare a. Storm Water. Management Program and application for General Permit Coverage as a'Co- Permttee. c. Take no action. 4. FINANCIAL IMPACTS Compliance with the NPDES Phase II Permit requires payment of a $7,$00 annual fee to the State Water Resources .Control Board. In addition, development and implementation of a storm water management program will require `financial and other resources as outlined in the attached Implementation Schedule and Resource Plan. The Storm Water Management • Failure to secure General'Permit coverage would result in the issuance of a Notice of Violation by the SFBRWQB.. This could lead to a fine of up to $25,000 per day for violation of Section 13385 of -the Porter - Cologne Water Quality Control Act and may expose the City to third -party lawsuits. M Program will be finalized .by March 2003 and will include a, summary of the financial and staff resources necessary for implementation. 5. CONCLUSION The U.S. -EPA promulgated Phase II regulations for storm.water discharges and designated the.StateVater Resources Control Board.(SWRCB) as the statewide permitting authority: The City must prepare a Storm Water Management Program (SWMP)'and NPDES Phase H application for,coverage under the General Permit in. order to comply with the SWRCB. Although the City -- he compliance with the SWRCB General Permit constitutes to improve water y p policies quality, p the first. citywide, comprehensive program to significantly reduce or eliminate pollutants in our`surface waters. During the initial phases of the program, the City will identify pollutants of concern, develop best management practices ,for reducing these pollutants, and begin implementation of the necessary,policies and procedures to formalize these new practices.. Since effectively addressing the issue of surface water pollutants also :requires consideration of the watershed as a whole the City will continue to work with other municipalities and organizations in our region with similar goals. 6. OUTCOMES OR.PERFORMANCE' MEASUREMENTS THAT WILL IDENTIFY SUCeESS.Ox.CoMrLETION A key component of this program includes the monitoring and evaluation of measurable.goals.toward improving water quality., The City's ,adopted program will include measurable goals fore each of the six minimum contiol.measures. These goals will be used,to establish abaseline against which.future progress toward reducing pollutants to the maximum extent practicable will be measured. 7. RECOMMENDATION City Management recommends the City Council consider the presentation. on the Phase II storm water program, provide comment and direction to City Management on revisions, clarif cations.or additioins, if any, for incorporation into the Storm Water Management Program, and direct -City Management to prepare the Storm Water Management Program and,pr -ocure General Permit coverage'from the State Water Quality Control .Board in support of the U& EPA Phase" H storm water rule. 0 11 Item #�_ JANUARY 27, 2003 Presentation and Discussion on the National Pollutant Discharge Elimination System (TPDES) Storm Water Management Program and Phase II Storm Water General Permit Application. Although you. received a notice last week indicating there would be additional attachments distributed, there are no additional attachments for this discussion /presentation item. All M # �� I JanuOy 27�, 2003, Wat er , I P re se nt a tion , ' "- and. Discussion on the National P - ollutant - . S torm . '1 -� � I - Discharge Eliminat System (NPDES ' man a an e . I Storm m W' ;al gement Program- d P hase .1 tor. Water Gener Penn-it Application 'h - 6 Th&'at - ne w deli ore' ac, � , ritsi f r his� i-te il I be d4ith the supple mental . packet on triday, January 724,2,004.7-.