HomeMy WebLinkAboutCC 9 NPDES WTR RUNOFF 04-17-90-1 !Oar+,,
DATE:
TO:
FROM:
APRIL 10, 1990
WILLIAM HUSTON, CITY MANAGER
CONSENT CALENDAR NO. 9
4-17-90
Inter - Com
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) FOR
URBAN STORM WATER RUNOFF (FILE #1101)
RECOMMENDATION:
1. Authorize the City to be a co -permittee on the application for the
Orange County NPDES permit.
2. Authorize the Director of Public Works/City Engineer to sign the
application and permit on behalf of the City.
3. Authorize the Mayor to execute the joint agreement for Implementa-
tion of National Pollutant Discharge Elimination System (NPDES)
permit in a form subject to the final approval by the City Attorney.
BACKGROUND:
On February 4, 1987, congress passed the Water Quality Act of 1987
amending the 1972 Clean Water Act. Under this act, the Environmental
Protection Agency is required to regulate storm water that discharges
into waters of the United States. Municipalities, counties, and other
government agencies which discharge storm water will be required to
apply for a storm water discharge permit under the National Pollutant
Discharge Elimination System Program.
The draft -regulations issued in December 1988, by the EPA suggest that
the permit program would require municipalities to, among other things,
establish storm water management programs consisting of the following
elements:
1. Water Quality Monitoring Program to characterize discharges
and identify source of pollutants.
2. Annual Facility Inspection Program to identify and eliminate
illegal and illicit connections of industrial and sewage
discharges to the drainage facility.
3. Land Use Best Management Practice (BMP) Program to reduce the
sources of non -point pollutants. This would include such
measures as requiring erosion controls on development criteria
for new developments as opposed to water treatment works, a
nbn-structural rather than a structural approach to the problem.
4. Facility design criteria to reduce the transport of pollutants.
NPDES PROGRAM
APRIL 10, 1990
PAGE 2
5. Hazardous material management programs, including household
hazardous waste and waste oil management programs.
6. Water Pollution Enforcement Program with intent to eliminate
discharges of pollutants to storm drains.
DISCUSSION:
In order to bring about a more organized and efficient approach to this
program, several cities have been meeting with the County (EMA and Flood
Control) to develop a unified program with the County as lead agency.
The County has the expertise to do much of the needed investigation and
storm water testing through the entire County (they already have a
limited program in place) and is willing to be the lead agency. They
would apply for the permit and the cities would be co -permittees.
- City staff believes that the only practical way to move forward with
this new program is one in cooperation with the County and other cities.
It is not entirely clear yet what all will be expected of the City. As
a minimum, we think there will be storm drain system inspections needed,
on-site investigations of potential pollutants, and regulatory
enforcement required. The actual extent and cost is not now known.
During the initial permit term our total obligation will be determined.
Additional legislation at the City and State levels may be needed. If
legislation is needed, a combined effort will be more effective._ Also,
a funding source to cover the costs of these mandates will be required.
For the work to be done by the County in support of the cities, a joint
participation agreement is being developed. It is contemplated that the
County and all the Orange County cities would sign this agreement and
pay their fair share of EMA's costs. Cost sharing would be based on a
formula involving equal weighting of population and area. The Flood
Control District will pay 5% of the cost off the top. A draft of the
agreement is attached for the City Council's information.
Under normal circumstances, a permit application would be submitted to
the Santa Ana Regional Water Quality Board (the local agency designated
by EPA to regulate the NPDES program) after the final rules have been
issued in July 1990. However, it appears to be a better strategy to
file for a permit ahead of the July date. In doing so, several
advantages are obtained.
1. A 5 -year permit will be issued which will not be subject to the
anticipated stringent rules to be promulgated in July.
NPDES PROGRAM
APRIL 10, 1990
PAGE 3
2. The guidelines of this early permit will be based on the federally -
mandated program, but patterned in a manner more feasible and
acceptable to all Orange County agencies.
3. Implementation time lines will be those developed by the County and
the cities and not those mandated by the July guidelines. This
should allow the implementation period to be extended over a longer
period of time which would benefit all agencies greatly.
4. The Santa Ana Regional Water Quality Board is advocating this
approach as one which will be easier for them to manage, and one
which will also be acceptable to EPA.
At this time, staff believes the filing of an early permit is necessary
as outlined above. As the program develops, staff will bring the
- appropriate matters back to Council for action.
It is anticipated that these mandated actions -will have an impact on
next year's (1990-91) operating budget. Once these impacts have been
identified, staff will either include these needs within the upcoming
budget program preparation or return at a later date with a supplemental
request for budget appropriation.
Bob Ledendecker
Director of Public Works/City Engineer
BL: my
National Pollutant Discharge Elimination System
Stormwater Permit Application
Implementation Agreement
Santa Ana Region
April 3 1990 DRAFT
This AGREEMENT entered into as of this day of
, 19 by the county of Orange, (herein called
the COUNTY), the Orange County Flood Control District (herein
called the DISTRICT and the Cities of Anaheim, Brea, Buena Park,
Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton,
Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna
Niguel, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport
Beach, Orange, Placentia, San Clemente, San Juan Capistrano,
Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster,
and Yorba Linda (herein called the CITIES) establishes the
responsibilities of each party with respect to compliance with
National Pollutant Discharge Elimination System (NPDES)
Stormwater permit application regulations administered by the
United States Environmental Protection Agency (EPA) under the
authority granted by the Clean Water Act (CWA) and its 1987
amendments, the water Quality Act (WQA).
RECITALS
Whereas
Congress in 1987 amended Section 402 of the Federal Clean
Water Act (33 U.S.C.A. 1342(p)) to require the federal
Environmental Protection Agency to promulgate regulations for
applications for permits for stormwater discharges; and
Whereas
These permit regulations will require the control of
pollutants from stormwater discharges by requiring a National
Pollutant Discharge Elimination System permit which would allow
the lawful discharge of stormwaters into waters of the United
States; and
Whereas
These EPA regulations will require NPDES permits for
discharges from municipal storm sewers on a system -wide or
jurisdiction -wide basis; and
Whereas
The Legislature, in enacting the Orange County Flood Control
Act, created the Orange County Flood Control District to provide
for the control of flood and storm waters; and
Whereas
The powers granted to the DISTRICT include carrying on
technical and other investigations, examinations, or tests of all
kinds, making measurements, collecting data, and making analyses,
studies, and inspections pertaining to water supply, control of
floods, use of water, water quality, nuisance, pollution, waste,
and contamination of water, both within and without the district;
1
a
s "r.
.The CITIES, the COUNTY and the DISTR2CT desire to develop
an integrated stormwater discharge management program with
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.".I-_ -.ob]ective of improving water quality in the County of Orange; and
Whereas
The California State Water Resources Control Board (CSWRCB)
as designee of the EPA has delegated authority to the Regional
Water Quality Control Board -Santa Ana Region (RWQCB-SAR) and San
Diego Region (RWQCB-SDR) for administration of the NPDES Storm
Water permit application process within the boundaries of their
Regions; and
Whereas
The COUNTY, DISTRICT and CITIES will be designated as
co -permittees by the RWQCB; and
Whereas
The COUNTY has been designated as the lead Agency on the
permit; and
Whereas
Cooperation between the CITIES, the COUNTY and the DISTRICT
to jointly file application(s) for NPDES permit(s) is in the best
-- interests of the communities as well as the CITIES, the COUNTY
and DISTRICT; and
Whereas
The COUNTY is willing to share the expertise of its staff
with the CITIES so that they can join in seeking NPDES permit(s);
and
NOW THEREFORE: The parties hereto do mutually agree as follows:
I. Filing Status.. The COUNTY, DISTRICT and CITIES will
file for application as co -permittees. The COUNTY, the
DISTRICT and each individual city will be a
co -permittee.
II. Incorporation of Federal Guidelines. The terms of all
applicable Federal and State guidelines, as presently
written or as changed during the life of this agreement
are hereby incorporated by reference and made a part of
this agreement and take precedence over any
inconsistent terms of this agreement.
III. Delegation of Responsibilities. The responsibilities
of each of the parties shall be as follows:
A. The COUNTY, on a cost -shared basis, shall
administer system compliance by
1. Preparing implementation and annual operating
PN
budgets.
a. The participants shall be permitted to
,.� review and approve the annual operating
budget. Criteria for approval shall be
affirmative responses from a majority of
the co -permittees which represent a
majority of the percentage contribution
as described in Section IV. The COUNTY
and the DISTRICT will represent one
voting co -permittee with their
percentage contribution equal to the
total of the COUNTY and the DISTRICT as
described in Section IV. The review
period shall be from November 1 to
November 30 of each year with approval
of the final budget to be completed by
December 31.
2. Preparing compliance reports to the Regional
Board and for the parties.
3. Preparing a draft system -wide Best Management
Practices (BMP) Program report.
- 4. Monitoring the implementation and assuring
the effectiveness of system -wide BMPs. This
will include field reconnaissance to evaluate
structural and procedural BMPs. An annual
report to the RWQCB will be prepared
presenting the results of these evaluations.
B. The DISTRICT shall on a cost -shared basis except
in paragraph 4 below,
1. Perform the water quality and hydrographic
monitoring for permit application and
compliance.
2. Administer the water pollution control
program by enforcing the Orange County Water
Pollution Ordinance. See Appendix A.
3. Develop uniform criteria for annual
inspection of drainage facilities.
4. Perform inspections on those facilities owned
by the DISTRICT and on municipal separate
storm sewers in unincorporated County.
Contracts for such inspections within
CITIES may be undertaken.
C. The CITIES shall, at no cost to COUNTY or
DISTRICT,
3
1. Implement an annual facility. inspection
program in accordance with the uniform
criteria developed by the DISTRICT for all
municipal separate storm sewers as defined by
the WQA and within the jurisdictional
boundaries of that city.
2. Submit to the COUNTY, storm drain maps with
periodic revisions as necessary.
3. Prepare watershed characterizations,
including:
a. Zoning designations and
b. Identification of areas where
hazardous materials presently are
or are suspected to have been
stored, manufactured or disposed
of. This shall include sites at
which a hazardous material spill
has occurred.
4. Review, approve, and implement system -wide
BMPs.
5. Eliminate or have eliminated, illegal/illicit
connections to the storm drain system.
6. Identify the legal authority for control of
discharges to the storm drain system.
7. Provide to the COUNTY annual reports .(on
forms provided by the COUNTY) on
implementation of permit requirements. These
will be incorporated into the annual reports
to the RWQCB.
D. The COUNTY shall, at no cost to the CITIES,
undertake, in the unincorporated areas of the
COUNTY, all activities required above of the
CITIES.
E. The COUNTY, DISTRICT and CITIES shall take all
steps required to:
a. Submit any application(s) for NPDES permit(s)
by March 15, 1990,
b. Obtain draft permit(s) by May 15, 1990 and
C. Obtain issuance of NPDES permit(s) for
stormwater discharge by July 13, 1990.
IV. Program Costs. All shared costs, including the cost of
the Regional Board permit, will be recalculated
4
annually per III A.1 and shall be allocated to the
parties as follows:
Participant Percentage Contribution
DISTRICT 5
CITIES + COUNTY 95
The individual percentage contribution from each city
and the COUNTY shall be a function of the area and the
population. It shall be calculated as the mean
percentage of the area and population of each
participant multiplied by 95. Excluded are national
forests, state and regional parks, airports, state
hospitals, landfills and military installations. The
contribution of the COUNTY shall be calculated from
unincorporated areas and their respective populations.
% City # 1
X,+ —�—
�xtot� �ytot�
2
(95)
x = area
y = population
tot = total population or area
95 = total percentage excluding Flood Control
District contribution
Each City shall pay quarterly, its share of the cost
within 60 days of receipt of invoice mail by the
COUNTY. Each city and the COUNTY shall bear the
financial responsibility for implementing the Program,
within its jurisdictional boundaries, as outlined in
Section III. C. and D.
V. Life of the Agreement. The term of this agreement
commences on its execution by each of the duly
authorized representatives of the CITIES and the
COUNTY. The life of the agreement shall be indefinite
or to which time the Section of the WQA which mandates
compliance to these regulations is repealed or amended.
VI. Additional Parties. Any city which becomes signatory
to this agreement after the application for the initial
NPDES permit has been approved and any City which
becomes incorporated shall become a co -permittee on the
NPDES permit and shall comply with all of the
provisions of this agreement. The date of initiation,
for determining participant costs for newly
incorporated CITIES shall be the date of incorporation
and for CITIES signing after NPDES permit approval it
shall be the date of the initial application for the
5
NPDES permit. The costs for adding the additional
parties to the program, including additional permit and
processing fees, shall be paid by the added party.
Monies to be reimbursed to the existing co -permittees
shall be credited to their respective annual program
operating fee.
VII. Withdrawal from the Agreement. A participant may
withdraw from the program 60 days subsequent to written
notice to the COUNTY. The participant shall agree to
file for a separate permit and to comply with all of
the requirements established by the RWQCB. In
addition, withdrawal shall constitute fortiture of all
of one equal share of the joint implementation cost as
of the effective withdrawal date. The withdrawing
participant shall be responsible for all lawfully
assessed penalties as a consequence of withdrawal. The
cost allocations to the remaining members will be
recalculated.
VIII. Non-compliance with Permit Requirements. Any
participant found in non-compliance with the conditions
of the permit within their jurisdictional
responsibilities shall be solely liable for any
lawfully assessed penalties. Common penalties shall be
calculated according to the formula outlined in Section
IV.
IX. Amendments to the AGREEMENT. This AGREEMENT may be
amended by consent of a majority of the co -permittees
which represent a majority of the percentage
contributions as described in Section IV. The COUNTY
and the DISTRICT will represent one voting co -permittee
with a percentage contribution equal to the sum of the
individual contributions of the COUNTY and DISTRICT as
described in Section IV.
X. The County Director of Public Works and the respective
City Engineers or Directors of Public Works, shall be
authorized to execute the application(s) for NPDES
permit(s) and take all other procedural steps necessary
to file the application(s) for NPDES permit(s).
IN WITNESS WHEREOF, this agreement has been executed as of
the day and year first above written.
ATTEST:
Clerk of the
Board of Supervisors
APPROVED AS TO FORM:
Benjamin P. deMayo
Deputy County Counsel -
7
COUNTY OF ORANGE
By
Chairperson, Board of Supervisors
ATTEST:
City Clerk
APPROVED AS TO FORM:
Deputy City Attorney
8
City of
By