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Home My WebLink About10 STATUS REPORT, CITY OF TUSTIN'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM 01-19-1010 ~ Agenda Item a ~ ~ AGENDA REPORT Reviewed: 4 .r ~~. ,~ City Manager Finance Director /tk MEETING DATE: JANUARY 19, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: STATUS REPORT ON THE CITY OF TUSTIN'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM SUMMARY The 1972 Clean Water Act and 1987 amendments, established requirements for storm water discharges under the National Pollution Discharge Elimination System (NPDES) permit program. The NPDES permit mandates stormwater management programs to address the challenges of preventing stormwater pollution. Under this permit, the City is held accountable for the water quality in our storm drains, flood channels and ultimately, the Newport Back Bay. The permit sets out strict requirements for stormwater pollution prevention, particularly in the areas of construction and development. It also addresses pollutant sources from commercial activities. The city is responsible for street sweeping, public storm drains, catch basin cleaning and terminating any illicit discharges that enter our receiving waters. RECOMMENDATION Receive and file as an information item. FISCAL IMPACT Under the NPDES program, the City is required to fund and maintain various programs to ensure compliance with State and Federal regulations. Below are the City's expenditures for the last three fiscal years and the projection for this year. For the most part, the water quality compliance budget has increased steadily since the 2006-07 fiscal year. Programs FY 2006/07 FY 2007/08 FY 2008/09 FY2009/10 Administration $27,655 $314,758 _ $348,191;, $377,069 Municipal Activities $608,819 $666,005 $731,572 $734,500 Public lhformation $525 $500 $2,390 $2,250 New Development $96,140 $73,264 $19,989 $25,500 Existing Development $10,000 $5,264 $10,636.. $6,500 Construction $8,900 $136,964 $147,311 $152,000 Illicit Discharge. $5 000 ' {.~ ~ $40;400 $28,300 $28,900 Total $ 757,039 $1,237,155 $1,288,389 $1,326,719 BACKGROUND The 1972 Federal Water Pollution Control Act, subsequently known as the Clean Water Act (CWA), established the NPDES permitting program. The CWA required the Environmental Protection Agency (EPA) to issue regulations to be effective by 1983 that included stormwater runoff from rainfall. Page 2 The NPDES permit is administered by the State Water Resources Control Board and nine Regional Water Quality Control Boards. The municipalities of North Orange County are under the jurisdiction of Region 8 -Santa Ana Regional Water Quality Control Board. In 1990, the Santa Ana Regional Board issued the first permit to the municipalities of North Orange County and to the County of Orange which acted as the Principal Permittee. The permit is issued for five years and the City is currently operating under the 4th term NPDES permit. The goals of the permit include protecting the beneficial uses of the water bodies and reducing stormwater pollution. The provisions of the 4th NPDES permit require the following actions: • Program Management Due to the diverse nature of the NPDES program staff is continually attending meetings, conferences, and training seminars to stay informed of the latest State legislation and ensure it is meeting all requirements. The City is an active participant of and has an assigned board member on the Newport Bay Watershed Executive Committee, which provides direction to the County of Orange in implementing elements of the NPDES program. Staff also participates in the County's committees on Inspection, Trash and Debris, Legal/Regulatory Authority, Public Education, Spill Containment, and in New Development requirements. The permit requires close cooperation with agencies such as Orange County Sanitation District, Orange County Environmental Health, and Orange County Public Works as well as other municipalities. Below are some of the required activities the City must participate in to meet compliance. • Municipal Activities The City implements activities and Best Management Practices (BMPs) in order to reduce the discharge of pollutants into receiving waters. These include street sweeping, the stenciling of catch basins with the "No Dumping, Drains to the Ocean" message, catch basin cleaning, and developing a fertilizer and pesticide management program. • Public Education Under the Permit, the City is required to educate the public about the issue of urban stormwater pollution and obtain their support in implementing pollution prevention BMPs. As part of this effort the City provides stormwater pollution prevention information on its website, in "Tustin Today", at public events, and has made available numerous brochures at its front counter at City Hall. • New Development The permit requires that the City ensure that all new development and significant redevelopment incorporates appropriate Site Design, Source Control and Treatment Control BMPs to address specific water quality issues. This requires that the owner of the new development submit Water Quality Management Plans to be reviewed and approved by the City. In addition, when the project is completed City staff is required to inspect the property every 4-years, to ensure that the installed BMPs are properly maintained. • Construction The City is required to ensure that construction sites implement control practices that address control of construction related pollutant discharges including erosion and sediment control and on-site hazardous materials and waste management. This not Page 3 only includes private development but City projects as well. This section of the program has also increased financially over the years. • Existing Development Under the permit, City staff is required to ensure that existing businesses address discharges from their sites. This included industrial facilities and selected commercial businesses. However, under the 4th term permit, the State has expanded the frequency of these inspections by City staff and increased the types of businesses to be inspected. • Illegal Discharges The primary focus of the permit is to detect and eliminate illegal discharges and illicit connections to the municipal storm drain system. City staff is continually responding to calls from residents or visual observations to stop and discourage illegal dumping into the City's storm drain system. Staff works with the County and meets regularly to participate in training exercises and exchange information. • Monitoring The permit requires that the County and Cities conduct a stormwater monitoring program. The goal of this program is to identify the receiving waters that are impacted by urban runoff, prioritize these waters, and develop specific controls to address these problems. The City of Tustin currently has three locations which the County monitors monthly during the dry season. • TMDL The City of Tustin is currently subject to TMDLs for Sediment, Nutrients, Toxics, and Fecal Coliform. The City contributes annually to monitor and development action plans to address these pollutants. However, since the EPA continually monitors the water quality of Newport Bay Watershed for impairments, it is anticipated that additional TMDLs will be developed in the future. Staff is currently working with the County of Orange and the other municipalities in this watershed through the TMDL working group, to develop an acceptable selenium TMDL and alternative efforts for performance compliance. The City is an active participant in the Nitrogen and Selenium Management Program meetings, reviewing technical information, discussing policy issues, and critiquing budgetary proposals to fund the various programs. It is anticipated that the City's NPDES budget will continue to increase to meet the requirements of the NPDES permit. Staff will continue to participate and monitor the status of the various committees and report back as necessary. Stack, P.E. c Works Director/City Engineer .~i~~L_~~~~ Doug derson Transportation & Development Services Manager S:\City Council Items\2010 Council Items\NPDES Analysis.docx