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HomeMy WebLinkAbout08 DAMP & LIP 11-03-03 Agenda Item Reviewed: AGENDA REPORT City Manager Finance Director MEETING DATE: NOVEMBER 3, 2003 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF THE ORANGE COUNTY STORM WATER PROGRAM DRAINAGE AREA MANAGEMENT PLAN (DAMP) AND THE CITY'S LOCAL IMPLEMENTATION PLAN (LIP) SUMMARY The Orange County Storm Water Program 2003 Drainage Area Management Plan (DAMP) provides the guidelines for compliance with the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Storm Water Permit. The City's Local Implementation Plan (LIP) is a management document that summarizes the City's activities to meet the requirements of the Santa Ana Region NPDES Storm Water Permit. The City's principal enforcement tools to ensure compliance with the requirements of the NPDES Permit are its Water Quality Ordinance (WQO), Grading Ordinance, other relevant existing ordinances, and the DAMP. The 2003 DAMP and the City's LIP were developed in cooperation with the Orange County Storm Water Program Staff. These documents are now complete and are ready for approval by the City Council. The storm water program is dynamic, and as new technology or information becomes available, the City is required to update its program. RECOMMENDATION It is recommended that the City Council approve the Orange County Storm Water Program 2003 Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP). FISCAL IMPACT The City's Fiscal Year 2003/2004 NPDES Operating Budget (01-402-6222) currently provides funding in the amount of $260,000 for implementation of current year LIP programs, including various structural and non-structural Best Management Practices (BMPs). Approximately 50% of the City's NPDES Operating Budget also funds a prorated share of the Orange County Storm Water Program since the County is providing programs for permit compliance at a regional level. Annual staff time expended as a result of the current NPDES Permit requirements is estimated at $240,000. This effort includes both program development and implementation activities provided by the Public Works and Community Development Departments. The total annual fiscal impact due to permit compliance with the Santa Ana Region NPDES Permit, including both staff time and operating budget activities, is approximately $500,000. Since the term of the Santa Ana Region NPDES Storm Water Permit ends in Fiscal Year 2006/2007, subsequent program development and implementation activities will be budgeted in the NPDES Operating Budget for the upcoming years. Approval of the Orange County Storm Water Program Drainage Area Management Plan (DAMP) and the City's Local Implementation Plan (LIP) November 3, 2003 Page 2 BACKGROUND AND DISCUSSION The 2003 DAMP and existing City ordinances, as they may be modified, are intended to serve as the basis for City compliance with the Santa Ana Region NPDES Storm Water Permit. The LIP is a management tool that summarizes City Activities required by the NPDES Permit and their conformance with the DAMP (Executive Summaries are attached). These documents identify various BMPs and control techniques which may be implemented and reported to the Regional Board. In developing the LIP, the City has utilized the 2003 DAMP and its ordinances as the foundation for its program development. The LIP describes the distinct elements of the City's Management Program for compliance with the permit, such as its legal authority, municipal activities, public education, new development, significant redevelopment, construction, existing development, illicit connections/illegal discharges, water quality monitoring, and watersheds. The program includes monitoring of program activities in an effort to measure water quality improvements. A Negative Declaration was prepared and approved by the County pursuant to California Environmental Quality Act (CEQA) for the DAMP. The County of Orange, as "lead agency", prepared the document and the City of Tustin was listed as a Responsible Agency. Upon completion of the document, the County determined that implementation of the 2003 DAMP would create no significant environmental impacts requiring mitigation. Amendments to the City's Water Quality Ordinance, Chapter 9 of A~ticle 4 of the Tustin City Code, and the City's Grading Ordinance, Chapter 9 of Article 8 of the Tustin City Code, will be introduced and have first reading at the November 3, 2003, City Council Meeting to bring these ordinances into compliance with the current requirements of the NPDES Municipal Storm Water Permit as issued by the California Regional Water Quality Control Board, Order No. R8-2002-0010, NPDES No. CAS618030. The proposed amendments to the WQO involve refinement to the roles of staff regarding administrative orders and the addition of criminal enforcement authority by the City. The proposed amendments to the Grading Ordinance involve a refined definition of grading activities and minor modifications to allow conformance with Orange County's model grading ordinance. Copies of the 2003 Orange County Drainage Area Management Plan and the City of Tustin's Local Implementation Plan are available at the City's Public Works Department. Tim D. Serlet D~'~a R Kasd~n' ' ~ Director of Public Works/City Engineer Engineering Services Manager TDS:DRK: ccg:Approval of DAMP-LIP.doc Attachments:DAMP Executive Summary LIP Executive Summary EXECUTIVE SUMMARY This document details the Drainage Area Management Plan (DAMP) to be implemented by the County of Orange, Orange County Flood Control District and incorporated cities (Permittees). The 1993 DAMP was updated in order to reflect the current status of the NPDES Stormwater Program within Orange Cotmty as well as to provide the future direction to the program for the Third Term Permit (2002-2007). Since the DAMP is the result of a comprehensive planning process it will continue to undergo revision as new information, particularly water quality data, becomes available. Through this DAMP, the Permittees intend to continue to improve existing stormwater quality management practices and, where necessary, to address identified problems and to implement new practices. The DAMP revision has been formulated with the following objectives in mind: Address the requirements of the Third Term Permits; · Ensure effective public participation and support; · Focus on problems identified through monitoring; · Utilize available resources effectively; · Implement public education as a central program component; · Detect and eliminate illicit connections/illegal discharges; · Evaluate opportunities and implement projects for retrofitting existing structures as identified through the watershed planning process; · Verify Best Management Practice (BMPs) designs and effectiveness through experience, research and demonstration projects; and · Develop plans on a watershed basis. Private and public sector representatives participated in developing the stormwater pollutant control programs described within this DAMP. Throughout the DAMP's evolution, the document will be available for public review and comment. Overall program guidance will be provided by the Permittees. 2003 Drainage Area Management Plan February 13, 2003 Executive Summary EXECUTIVE SUMMARY Local Implementation Plan (LIP) Executive Summary This document was prepared by the City of Tustin to meet the requirements of the Third Term NPDES Permits that were issued by the Regional Water Quality Control Boards to the County of Orange, the Orange County Flood Control District (OCFCD) and the incorporated cities of Orange County (collectively referred to as Permittees). Santa Aha Regional Board San Diego Regional Board Order No. NPDES No. Date Order No. NPDES No. Date Adopted Adopted R8-2002-0010 CAS618030 January R9-2002-0001 CAS0108740 February 2002 2002 The Permittees in the Santa Aha Regional Water Quality Control Board jurisdiction include the County of Orange, the Orange County Flood Control District and the twenty six (26) incorporated cities of Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, Santa Aha, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda. The Permittees in the San Diego Regional Water Quality Control Board jurisdiction include the County of Orange, the Orange County Flood Control District and the eleven (11) incorporated cities of Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Mission Viejo, Rancho Santa Margarita, San Clemente and San Juan Capistrano. Each permit renewal requires the Permittees to continue to implement ongoing stormwater quality management programs and develop additional programs in order to control pollutants in stormwater discharges. The specific water pollutant control program elements of the Orange County NPDES Stormwater Program are documented in the 2003 Drainage Area Management Plan (DAMP) and corresponding Local Implementation Plans (LIPs), which serve as the Permit-tees' primary policy and implementation documents for compliance with the NPDES Stormwater permits. The main objectives of the DAMP and LIPs is to comply with the NPDES permit requirements and to evaluate the impacts of urban stormwater quality on beneficial uses. City of Tustin Local Implementation Plan (LIP) July 1, 2003 Executive Summary A-i EXECUTIVE SUMMARY The Draft 2003 DAMP/LIPs were completed to incorporate the programs developed since 1993, comply with the Third Term NPDES Permits and provide a programmatic foundation for future activities. The plans propose a wide range of continuing and enhanced Best Management Practices (BMPs) and control techniques, which will be implemented and reported on as part of the Third Term Permit reports. The City of Tustin has developed a LIP which provides a written account of the activities that the City has undertaken and the City is undertaking to meet the requirements of the Third Term Permit and make a meaningful improvement in urban water quality. In developing this LIP, the City has utilized the 2003 DAMP as the foundation for its program development and the LIP, as a result, contains numerous references to it and the two, in effect, act as companion parts of the City's compliance program. The LIP is intended to serve as the basis for City compliance during the five-year life of the Third Term Permit, but is subject to updating and modification as the City determines necessary, or as directed by the Regional Board. The LIP consists of twelve (12) distinct program elements which are summarized in the following sections. Each program element includes a focus on pollution prevention measures as well as program effectiveness assessment. o Introduction (Section A-l) This element provides some initial background on the program and then describes the City's environmental setting such as geography and climate, watersheds, impaired waterbodies and environmentally sensitive areas, as well as the overall organization of the LIP. o Program Management (Section A-2) This element describes the framework for the program management activities including the countywide and local coordination as well as the fiscal analysis for the compliance activities and the data management and reporting requirements. o Plan Development (Section A-3) This element describes the framework and approach for the development of the 2003 DAMP and the LIP as well as future plan development activities such as BMP effectiveness investigations and improvements in stormwater science. o Legal Authority (Section A-4) This element describes the City's legal authority for prohibiting unpermitted discharges to the storm drain system and for requiring BMPs in new development and significant redevelopment as well as the legal analyses that can been conducted and corresponding revisions that have been made to the applicable ordinances. City of Tustin Local Implementation Plan (LIP) July 1,2003 Executive Summary A-ii EXECUTIVE SUMMARY o Municipal Activities (Section A-5) This element describes the programs that have been or will be implemented by the City to address water quality issues related to municipal fixed facilities, field programs and drainage facilities. o Public Education/Public Participation (Section A-6) This element describes the educational programs that have been or may be implemented by the City in order to educate various public and business target audiences about urban stormwater and non-stormwater pollution and obtain their support in preventing pollution. This element also describes the incorporation of a public participation component. o New Development/Significant Redevelopment (Section A-7) This element describes the programs that have been or will be implemented by the City in order to address water quality issues at the planning and design stage of project development and redevelopment. This element includes controls to incorporate appropriate and required post construction nonstructural and structural BMPs into the environmental planning and development review process. o Construction (Section A-8) This element describes the programs that have been or will be implemented by the City in order to address water quality issues during the construction stage of project development. This element includes site controls that address appropriate and required practices for erosion and sediment controls as well as on-site hazardous materials and waste management. o Existing Development (Section A-9) This program element contains three distinct programs: a. Commercial/Industrial Program - This element describes the programs that have been or will be implemented by the City in order to address water quality issues during the operation of commercial and industrial businesses. The program consists of site prioritization, inspection and BMP implementation. b. Residential - This element describes the programs that have been or will be implemented by the City in order to address water quality issues associated with residential areas and activities. City of Tustin Local Implementation Plan (LIP) July 1,2003 Executive Summary A-iii EXECUTIVE SUMMARY c. Common Interest Areas/Homeowners Associations - This element describes the programs that have been or will be implemented by the City in order to address water quality issues associated with the operation and maintenance of common interest areas. o Illicit Connections/Illegal Discharges (Section A-10) This element describes the programs that have been or will be implemented by the City in order to effectively detect and eliminate unpermitted discharges and unauthorized connections to the municipal storm drain system. o Water Quality Monitoring (Section A-11) This element describes the monitoring programs that have been or will be implemented by the Principal Permittee for wet and dry weather in order to identify areas with water quality problems, assist in the priofitization of watersheds for analysis and planning, assist in the pfiofitization of pollutants and to assist in the facilitation of the development of specific controls to address the identified problems. The monitoring program will forward information into the City's program. o Watershed Chapters (Section A-12) The watershed scale initiatives section will be developed further through the completion of watershed specific chapters and programs that will be developed during the Third Term Permit period. City of Tustin Local Implementation Plan (LIP) July 1,2003 Executive Summary A-iv