HomeMy WebLinkAbout04 STATUS REPORT ON THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM• A enda Item 4
~_ ~ AGENDA REPORT Reviewed.
Finance Director
MEETING DATE: JANUARY 18, 2011
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
VIA: DAVID C. BIGGS, CITY MANAGER
FROM: DOUGLAS S. STACK, 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 the 1987 amendments, established requirements for stormwater
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
and makes the City responsible for implementing preventative measures including street sweeping,
public storm drains and catch basin maintenance, and terminating any illicit discharges that enter
our receiving waters.
RECOMMENDATION
Receive and file as 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 four
fiscal years and the projections for this year. For the most part, the water quality compliance
budget has increased steadily since the 2006-07 fiscal year.
Programs FY2006/07 FY 2007/08FY 2008/09FY 2009/10FY 2010/11FY
Administration $27,655 $314,758 $348,191 $366,052 $371,000
Municipal Activities $608,819 $666,005 $731,572 $735,053 $738,000
Public Information $525 $500 $2,390 $7,892 $9,000
New Development $96,140 $73,264 $19,989 $35,000 $35,000
Existing Development $10,000 $5,264 $10,636 $15,000 $15,000
Construction $8,900 $136,964 $147,311 $114,369 $200,000
Illicit Discharge $5,000 $40,400 $28,300 $15,000 $15,000
Total $757,039 $1,237,155 $1,288,389 $1,288,366 $1,383,000
NPDES Status Report
January 18, 2011
Page 2
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.
The NPDES permit is administered by the State Water Resources Control Board and its nine
Regional Water Quality Control Boards. The municipalities of North Orange County, including the
City of Tustin, 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.
A 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 NDPES 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, and Program Implementation.
• 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,
catch basin stenciling 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 or significant
redevelopment incorporates appropriate Site Design, Source Control and .Treatment
Control BMPs to address specific water quality issues. This requires the owner of a site
to submit a Water Quality Management Plan (WQMP) 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, on-site hazardous materials, and waste management. This not only
NPDES Status Report
January 18, 2011
Page 3
includes private development but City projects as well. Financing for this section of the
program has increased significantly over the years.
Existing Development
Under the permit, City staff is required to ensure that existing businesses address
discharges from their sites. This includes 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 that must 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 the 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 based on the amount of pollutants, 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
In addition to the requirements of the permit, the City of Tustin is subject to multiple Total
Maximum Daily Loads (TMDLs). A TMDL is a regulatory process that sets an allowable
limit for a particular pollutant in a water body at a level that will not adversely impact
beneficial uses of the designated water body. There are currently TMDLs in place for
Sediment, Nutrients, Toxics, and Fecal Coliform. The Santa Ana Regional Board is
expected to adopt a TMDL for Selenium by June 2011. Although Selenium is a natural
occurring trace element, excessive amounts can cause toxicity in wildlife. When this
TMDL is adopted, it will require municipalities within the Newport Bay watershed to
reduce the amount of Selenium in the waterways.
Staff is currently working with the County of Orange, the Irvine Company, the Irvine
Ranch Water District (IRWD), and the other municipalities within the watershed to
develop BMPs to meet the TMDL requirements. This working group is currently looking
at the development of a full-scale treatment facility to be located near the corner of
Barranca Parkway and the Peters Canyon Channel. IRWD has constructed a pilot
project at this location, which has proven to effectively remove selenium from the waters
in Peters Canyon Channel.
The full-scale facility, called the Cienega treatment facility, will remove selenium,
nitrogen, metals, and bacteria from the water. The estimated cost of the facility is $22M
and IRWD has received grant funding of $5.5M for design and construction. IRWD has
secured the property for placement of the facility and will operate and maintain the
facility through their service area fees, however, out-of-service area participants would
need to make operation and maintenance contributions. The remaining $16.5M is not
funded at this time, however, staff is working with the other stakeholders in the
watershed to investigate grants and other funding opportunities. Staff is also
NPDES Status Report
January 18, 2011
Page 4
participating in the development of a cost sharing formula to determine each
stakeholder's fair-share of any unfunded costs. It appears that Tustin's portion of the
unfunded costs would be somewhere between $900,000 and $1,500,000, without any
additional grant or program funding. Letters of commitment from the stakeholders are
requested by March of this year to continue with this project.
It is anticipated that this project will help the City meet compliance with this TMDL and
assist in meeting compliance with the other TMDLs. However, since the EPA continually
monitors the water quality of the Newport Bay Watershed for impairments, it is
anticipated that additional TMDLs will be developed in the future. Staff is continually
working with the County of Orange and the other stakeholders in this watershed through
the TMDL working groups to track this progress.
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, seek every grant opportunity available, and
monitor the status of the various committees and report back as necessary.
Approved for Forwarding By:
~iiL Douglas tack, P.E.
Director of Public Works/City Engineer
,.,
~ , ~,
David C. Biggs, City Ma~iager
S:\City Council Items\2011 Council Items\NPDES Analysis.docx