HomeMy WebLinkAboutCC 11 WTR POLLUT'N ACT 03-15-82 CONSENT CALENDAR
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TO:
THRU:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
ROBERT LEDE~)ECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
208 WATER POLLUTION CONr~OL ACT
~TI~N:
Adopt the attached resolution supporting the concept of the 208 Plan.
BACKGI~)UND:
For some time, agricultural and undeveloped lands have been identified as a
significant source of sediment to Upper Newport Bay through direct rainfall and
drainage across such lands and unstabilized drainage channels.
The 208 Plan Amendment reccFa~nds that local governments modify existing grading
ordinances and adopt administrative standards and procedures which will encourage
and support efforts to reduce erosion and sedimentation resulting frc~
construction sites.
Tustin has ~cn identified for more extensive work on its grading ordinances
because of recent annexation and probable development of foothill lands;
development in this area is not anticipated for approximately five years.
Therefore, staff feels that the City should support the concepts of the 208 Plan
with a resolution, but not o~,u~t to an ordinance at this time.
DISCUSSION:
The attached resolution is similar in concept to those adopted by other Cities
within the Newport Bay drainage area. This resolution, although containing
language necessary to ,m~ct the 208 Program requirements, will not c~-~-.-~;it the City
to the adoption of an ordinance. The City Attorney's office reviewed the content
of this resolution and prepared the final doo/ment.
ADMINISTRATIVE ASSISTANT
BOB LEDENDECEER
DIRECTOR OF PUBLIC WORKS/
CITY ~2~GINEER
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Attachment
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RESOLUTION NO. 82-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING THE IMPLEM~.~TATION Ah~ ENFORCEMENT OF THOSE
F. LFMENTS OF THE SOUTH COAST AREAWIDE ~ TREATMENT
~ PLAN APPLICABLE TO THE CITY.
~ItEREAS, the Federal Water Pollution Control Act (33 U.S.C. 1251, et.
seq., as ~mended) seeks to develop a cooperative Federal, State, regional and
local government program to prevent and control sources of pollution to
ground and surface waters in order to restore and maintain the chemical,
physical and biological integrity of the Nation's waters; and
~dEREAS, pursuant to Section 208 of the Federal Water Pollution Control
Act of 1972, as amended, the Southern California Association of Goverllments
(herein referred to as SCAG) has adopted an Areawide Water Treatment
Management Plan for the South Coast area with the assistance of the Counties
of Los Angeles, Orange, Riverside and San Bernardino, the City of Los
Angeles, the Newport-Irvine Waste-Management Planning Agency (NIWA), the
Santa Ana Watershed Project Authority and the Ventura Regional County
Sanitation Districts; and
WHEREAS, the Areawide Waste Treatment Plan for the South Coast area was
adopted by SCAG on April 5, 1979, and certified by the State Water Resources
Control Board on July 19, 1979, and approved by the Federal Environmental
Protection Agency on March 21, 1980, in compliance with Section 208 (b) (3)
of the Federal Water Pollution Control Act of 1972, as ~mended; and
WHEREAS, Section 208 continuing planning includes development of an
Agricultural Activities Interim Sediment Control Plan for the Newport Bay
Watershed; and
WHEREAS, a draft interim 208 Plan amendment, dated October, 1981, was
developed based on rec~m~ndations from said Sedin~ntation Control Plan; and
~EREAS, the State Water Resources Control Board, the designated
administrator of the 208 Program in the State of California, has approved
said plan; and
~EREAS, SCAG's Overall Work Program includes provision for obtaining
implementation oz~mitments from affected and affecting agencies; and
WHEREAS, the Areawide Waste Treatment Management Plan for the South
Coast area proposes management agencies to be responsible for plan
implementation and pursuant to published United States Environmental
Protection Agency guidelines (42 Fed. Reg. 44777 [1977] ) must indicate each
management agency's willi ~ngness and authority to proceed to carry out its
responsibilities as identified in the Plan; and
~EREAS, the City of Tustin has shown past support for the activities of
NI-~A by its membership in that agency and adoption of a 208 plan for the City
of Tustin as well as the Newport Bay Drainage Area and is committed to
alleviating the sedimentation problem in Newport Bay; and
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~EREAS, the application of agricultural Best Management Practices
(BMPs) is an effective method of sedimentation control.
NOW, THEREFORE, BE IT RESOLVED that it is the intent of the City Council
of the City of Tustin to investigate the need for developing and adopting an
ordinance which includes the following requirements:
1. Agriculture landowners are to develop a resource conservation plan
(RCP) for agricultural sedimentation control.
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The RCPs are to be developed through the use of U.S. Dept. of
Agriculture Soil Conservation Staff or with the aid of a registered
agricultural engineer consultant to the landowner.
RCPs are to be based upon the priority system developed from the
SCS "Soil Erosion Hazard Map". Those areas with high erosion
hazard designation should receive top priority for the preparation
of conservation plans and the implementation of BMPs.
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RCPs for high erosion areas are to be prepared as soon as possible
and no later than November 1982 and voluntary implementation of
these plans should occur by November 1983.
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RCPs for other erosion areas are to be prepared by November 1984;
implementation should occur by November 1985 of BMPs which the SCS
has determined to be minimally necessary for the proper management
of the given land use.
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Any ordinance adopted will en~ourage implementation in all areas by
November 1987 of BMP alternatives which may be essential or
desireable but which must be determined on a site-specific basis.
7. The City shall approve each RCP, with criteria for approval to be
established by the Orange County Resource Conservation Districts.
Agricultural land users will be encouraged to participate in all
available financial and technical assistance programs for the
development and implementation of BMPs, especially those offered by
the Secretary of Agriculture under the Agricultural Conservation
Program.
BE IT FURTHER RESOLV~I) THAT:
Should the City of Tustin adopt an ordinance using the above guidelines:
The progress of RCP preparation will be monitored by the City of
Tustin and reported to the Santa Ana Regional Water Quality Control
Board through quarterly progress reports. The progress reports are
to list new plans, implementation schedules, percentage of erosion
hazard area under plans and any update of existing plans.
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The City of Tustin, consistant with its primary responsibility for
land use practices within its jurisdictional boundaries, shall take
appropriate action to strengthen its management control strat ~egy
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for sedimentation frcm agricultural activities, should the City and
the Santa Ana ~QCB deem that the proposed voluntaz%, implementation
is ineffective.
PASSED AND ADC~ED by the City Council of the City of Tustin,
California, this day of , 1982.
MAYOR
CITY CLERK
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