HomeMy WebLinkAboutCouncil Reading File - 2013 SWRCB General Permit
STATE WATER RESOURCES CONTROL BOARD
WATER QUALITY ORDER NO. 2013-0001-DWQ
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
GENERAL PERMIT NO. CAS000004
WASTE DISCHARGE REQUIREMENTS (WDRs)
FOR
STORM WATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER
SYSTEMS (MS4s) (GENERAL PERMIT)
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Contents
STATE WATER RESOURCES CONTROL BOARD ........................................................................................................ 1
WASTE DISCHARGE REQUIREMENTS (WDRS) ........................................................................................................... 1
FINDINGS ......................................................................................................................................................................... 5
A. APPLICATION REQUIREMENTS FOR ALL SMALL MS4 PERMITTEES ............................................................... 14
B. DISCHARGE PROHIBITIONS ................................................................................................................................... 17
C. EFFLUENT LIMITATIONS ......................................................................................................................................... 18
D. RECEIVING WATER LIMITATIONS .......................................................................................................................... 19
E. PROVISIONS FOR ALL TRADITIONAL SMALL MS4 PERMITTEES ...................................................................... 19
E.1. RENEWAL TRADITIONAL SMALL MS4 PERMITTEES ........................................................................................ 19
E.2. NEW TRADITIONAL SMALL MS4 PERMITTEES .................................................................................................. 19
E.3. NON-TRADITIONAL SMALL MS4S PERMITTEES ............................................................................................... 20
E.4. SMALL MS4 ASBS PERMITTEES ......................................................................................................................... 20
E.5. SEPARATE IMPLEMENTING ENTITY (SIE) .......................................................................................................... 20
E.6. PROGRAM MANAGEMENT ELEMENT ................................................................................................................. 20
E.7. EDUCATION AND OUTREACH PROGRAM .......................................................................................................... 24
E.8. PUBLIC INVOLVEMENT AND PARTICIPATION PROGRAM ............................................................................... 30
E.9. ILLICIT DISCHARGE DETECTION AND ELIMINATION........................................................................................ 31
E.10. CONSTRUCTION SITE STORM WATER RUNOFF CONTROL PROGRAM ....................................................... 37
E.11. POLLUTION PREVENTION/GOOD HOUSEKEEPING ........................................................................................ 40
E.12. POST CONSTRUCTION STORM WATER MANAGEMENT PROGRAM............................................................. 48
E.13. WATER QUALITY MONITORING ......................................................................................................................... 62
E.14. PROGRAM EFFECTIVENESS ASSESSMENT AND IMPROVEMENT ................................................................ 70
E.15. TOTAL MAXIMUM DAILY LOADS COMPLIANCE REQUIREMENTS ................................................................ 73
E.16. ANNUAL REPORTING PROGRAM ...................................................................................................................... 74
F. NON – TRADITIONAL SMALL MS4 PERMITTEE PROVISIONS ............................................................................. 75
F.1 NON-TRADITIONAL SMALL MS4 CATEGORIES .................................................................................................. 75
F.2 SECURITY CONCERNS .......................................................................................................................................... 75
F.3 MAXIMIZE EFFICIENCY .......................................................................................................................................... 75
F.4 EQUIVALENT OR EXISTING DOCUMENT ............................................................................................................. 75
F.5 PROVISIONS ............................................................................................................................................................ 76
G. REGIONAL WATER BOARD AUTHORITIES ........................................................................................................ 103
H. DISPUTE RESOLUTION ........................................................................................................................................ 103
I. PERMIT RE-OPENER ............................................................................................................................................ 104
J. PERMIT EXPIRATION ........................................................................................................................................... 105
CERTIFICATION .......................................................................................................................................................... 105
Attachment A – Traditional Small MS4 List
Attachment B – Non-traditional Small MS4 List
Attachment C – ASBS Specific Provisions
Attachment D – ASBS Dischargers List
Attachment E – CBSM Requirements
Attachment F – Standard Provisions
Attachment G – TMDLs
Attachment H – Acronyms
Attachment I – Glossary
Designation Flow Chart
Monitoring Flow Chart
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FINDINGS
The State Water Resources Control Board (State Water Board) finds that:
1. Storm water is a resource and an asset and should not be treated as a waste product.
Managing rainwater and storm water at the source is a more effective and sustainable
alternative to augmenting water supply, preventing impacts from flooding, mitigating storm
water pollution, creating green space, and enhancing fish and wildlife habitat. California
encourages alternative, innovative, multi-objective solutions to help use and protect this
valuable resource, while at the same time controlling pollution due to urban runoff.
2. As human population increases, urban development creates new pollution sources and
brings with it proportionately higher levels of car emissions, car maintenance wastes,
municipal sewage, pesticides, household hazardous wastes, pet wastes, trash, etc. which
can either be washed or directly dumped into the municipal separate storm sewer system
(MS4). As a result, the runoff leaving the developed urban area is greater in pollutant load
than the pre-development runoff from the same area. Also, when natural vegetated
pervious ground cover is converted to impervious surfaces such as paved highways, streets,
rooftops, walkways and parking lots, the natural absorption and infiltration abilities of the
land are lost. Therefore, runoff leaving developed urban area is significantly greater in
runoff volume, velocity, peak flow rate, and duration than pre-development runoff from the
same area. The increased volume, velocity, rate, and duration of runoff greatly accelerate
the erosion of downstream natural channels. In addition, the greater the impervious cover
the greater the significance of the degradation.
3. Pollutants of concern found in urban runoff include sediments, non-sediment solids,
nutrients, pathogens, oxygen-demanding substances, petroleum hydrocarbons, heavy
metals, floatables, polycyclic aromatic hydrocarbons (PAHs), trash, pesticides and
herbicides.
4. Trash and litter are a pervasive problem in California. Controlling trash is a priority, because
trash adversely affects our use of California’s waterways. Trash impacts aquatic life in
streams, rivers, and the ocean as well as terrestrial species in adjacent riparian and shore
areas. Trash, particularly plastics, persists for years. It concentrates organic toxins,
entangles and ensnares wildlife, and disrupts feeding when animals mistake plastic for food
and ingest it. Additionally, trash creates aesthetic impacts, impairing our ability to enjoy our
waterways.
5. The State Water Resources Control Board (State Board) is developing a statewide policy for
trash control in California’s waterways. The draft Trash Policy will identify trash as a
separate pollutant and establish methods to control trash pollution in waterways, statewide.
Following adoption of the draft Trash Policy, the State Water Board may re-open this Order
to incorporate water body trash pollution control methods and introduce Trash Reduction
Program requirements.
6. A higher percentage of impervious area in urban areas correlates to a greater pollutant
loading, resulting in turbid water, nutrient enrichment, bacterial contamination, organic
matter loads, toxic compounds, temperature increases, and increases in trash or debris.
7. Conventional landscaping features large lawns, non-native plants, abundant irrigation, and
heavy use of fertilizers, herbicides, and pesticides. It frequently requires significant mowing,
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blowing, trimming, and removal of plants debris. Adopting more storm water-friendly
landscape practices reduces pollutants and also provides tangible water conservation,
wildlife habitat, and energy saving benefits.
8. The State Water Board recognizes that this Order affects varied and diverse entities,
including agencies that are required to carry out water conservation regulations, wastewater
discharge regulations, and land use regulations that may implement, all or in part, provisions
of this Order. The State Water Board seeks to minimize duplicate efforts and maximize
resources to achieve the greatest water quality benefit; thus the State Water Board
recognizes specified related regulations, cited in the body of this Order, as equivalent to
implementing designated provisions of this Order.
9. When water quality impacts are considered during the planning stages of a project, new
development and many redevelopment projects can more efficiently incorporate measures
to protect water quality.
10. In California, urban storm water is listed as the primary source of impairment for ten percent
of all rivers, ten percent of all lakes and reservoirs, and 17 percent of all estuaries (2010
Integrated Report). Although these numbers may seem low, urban areas cover just six
percent of the land mass of California and so their influence is disproportionately large.
Urbanization causes changes in the landscape, including increased loads of chemical
pollutants, increased toxicity, changes to flow magnitude, frequency, and seasonality of
various discharges, physical changes to stream, lake, or wetland habitats, changes in the
energy dynamics of food webs, sunlight, and temperature; and biotic interactions between
native and exotic species. In addition to surface water impacts, urbanization can alter the
amount and quality of storm water that infiltrates and recharges groundwater aquifers.
11. Education and awareness programs help change human behavior with respect to reducing
the amount of pollution generated from storm water sources within the Permittee’s MS4
system. In addition to education, encouraging public participation in local storm water
programs can lead to program improvement as well as enabling people to identify and report
a pollution-causing activity, such as spotting an illicit discharge.
12. Field experience in conducting outfall surveys indicates that illicit discharges may be present
at 2 to 5 percent of all outfalls at any given time. Given that pollutants are being introduced
into the receiving water during dry weather, illicit discharges may have an amplified effect on
water quality and biological diversity.1 Therefore, implementation of an effective Illicit
Discharge and Detection Elimination program in conjunction with focused wet weather
monitoring, as necessary, is an essential component of an effective municipal storm water
program.
13. In 1990, the U.S. Environmental Protection Agency (U.S. EPA) promulgated rules
establishing Phase I of the National Pollutant Discharge Elimination System (NPDES) storm
water program. The Phase I program for MS4s requires operators of “medium” and “large”
MS4s, that is, those that generally serve populations of 100,000 or greater, to implement a
storm water management program as a means to control polluted discharges from these
MS4s.
1
Urban Stormwater Management in the United States, National Research Council, 2008
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14. A MS4 is a conveyance or system of conveyances that is: 1) owned by a state, city, town,
village, or other public entity that discharges to waters of the United States; 2) designed or
used to collect or convey storm water (including storm drains, pipes, ditches, etc.); 3) not a
combined sewer; and 4) not part of a Publicly Owned Treatment Works or sewage treatment
plant.
15. On December 8, 1999, U.S. EPA promulgated Phase II storm water regulations under
authority of the Clean Water Act section 402(p)(6). The Phase II Storm Water requires State
Water Board to issue NPDES storm water permits to operators of Small MS4s.
16. On April 30, 2003, the State Water Board adopted Water Quality Order No. 2003-0005-
DWQ, NPDES General Permit CAS000004 WDRs for Storm Water Discharges from Small
Municipal Separate Storm Sewer Systems (General Permit) to comply with Clean Water Act
section 402(p)(6).
17. Title 40 of the Code of Federal Regulations (40 C.F.R.) section122.26(b)(16) defines Small
MS4s as those not defined as “large” or “medium” MS4s under section122.26(b)(4) or (b)(7)
or designated under 40 Code of Federal Regulations section122.26(a)(1)(v). The term
Small MS4s includes systems similar to separate storm sewer systems in municipalities,
such as systems at military bases, large hospital or prison complexes, and highways and
other thoroughfares. (40 C.F.R. §122.26(b)(16)(iii).) These latter subsets of Small MS4s
are referred to herein as Non-traditional Small MS4s. Non-traditional Small MS4s discharge
the same types of pollutants that are typically associated with urban runoff. Separate storm
sewers in very discrete areas, such as individual buildings, are not defined as Small MS4s.
18. Of the Small MS4s defined by federal regulations, only “Regulated Small MS4s” (also
referred to as “Permittees” herein) must obtain an NPDES permit. Small MS4s are
designated as Regulated Small MS4s in this Order in accordance with the criteria described
in Findings 19-25.2
19. Under 40 Code of Federal Regulations section 122.32(a)(1) all Small MS4s located within
an “urbanized area” as determined by the latest Decennial Census by the Bureau of the
Census (Urbanized Area) are automatically designated as Regulated Small MS4s.
20. Under 40 Code of Federal Regulations sections 122.32(a)(2) and 123.35(b) the State Water
Board is directed to develop a process, as well as criteria, to designate Small MS4s located
outside of an Urbanized Area as Regulated Small MS4s. These criteria are to evaluate
whether a storm water discharge results in or has the potential to result in exceedances of
water quality standards, including impairment of designated uses, or other significant water
quality impacts, including habitat and biological impacts.
21. Under guidance provided in 40 Code of Federal Regulations secton123.35(b)(1)(ii), for
determining other significant water quality impacts, U.S. EPA recommends a balanced
consideration of the following designation criteria on a watershed or other local basis:
discharge to sensitive waters, high growth or growth potential, high population density,
2 In addition to the designation criteria specified in this Order, the State Water Board may designate a Small MS4 as a Regulat ed
Small MS4 in response to a petition received under 40 Code of Federal Regulations section 122.26(f). Any person may petition the
State Water Board to require an NPDES permit for a discharge composed entirely of storm water that contributes to a violation of a
water quality standard or is a significant contributor of pollutants to the waters of the United States. (Id.). The State Water Board
must make a final determination on any petition within 180 days after receiving the petition. (40 C.F.R. §123.35(c).)
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contiguity to an urbanized area, significant contributor of pollutants to waters of the U.S.,
and ineffective protection of water quality by other programs.
22. The State Water Board is required to apply the designation criteria at a minimum to all Small
MS4s located outside of Urbanized Areas serving jurisdictions with a population density of at
least 1,000 people per square mile and a population of at least 10,000. (40 C.F.R.
§123.35(b)(2).) The State Water Board has discretion to apply the criteria to jurisdictions
with smaller population or lower density. All such jurisdictions are then Regulated Small
MS4s.
23. In developing the designation criteria, the State Water Board included factors indicative of
the potential to result in exceedances of water quality standards and other significant water
quality impacts. The following criteria are used to designate Small MS4s outside of
Urbanized Areas as Regulated Small MS4s in this Order.
a. The Small MS4 has high population and high population density – High
population means a population of 10,000 or more. High population density
means a density of 1,000 residents per square mile or greater. Also to be
considered in this definition is a high density created by a non-residential
population, such as tourists or commuters.
b. The Small MS4 discharges to Areas of Special Biological Significance (ASBS) as
defined in the California Ocean Plan.
24. Designation of additional Small MS4s as Regulated Small MS4s may be made by the
Regional Water Boards on a case by case basis. Case by case determinations of
designation shall be based on the potential of a Small MS4’s discharges to result in
exceedances of water quality standards, including impairment of designated uses, or
other significant water quality impacts, including habitat and biological impacts. Where
such case by case designations have been recommended by the Regional Water
Boards prior to adoption of this Order, the designated Small MS4s are listed on the
relevant Attachments to the Order and the reasons for designation are laid out in the
Fact Sheet. The Regional Water Boards may continue to make case by case
determinations of designation during the permit term. Such designations must be
approved by the Regional Water Board after public review and comment.
25. 40 Code of Federal Regulations section 123.35(b)(4) requires designation as a
Regulated Small MS4 of any Small MS4 outside an Urbanized Area that contributes
substantially to the pollutant loadings of a physically interconnected MS4 regulated by
the NPDES storm water program. A Small MS4 is interconnected with a separately
permitted MS4 if storm water that has entered the Small MS4 is allowed to f low directly
into a permitted MS4. In general, if the Small MS4 discharges more than ten percent of
its storm water to the permitted MS4, or its discharge makes up more than ten percent of
the permitted MS4’s total storm water volume, it is a significant contributor of pollutants
to the permitted MS4. In specific cases, the MS4s involved or third parties may show
that the ten percent threshold is inappropriate for the MS4 in question.
26. Regulated Small MS4s may seek a waiver from Phase II requirements if they meet
criteria specified in 40 Code of Federal Regulations sections 122.32(c)-(e).3 The State
3 W aiver criteria also found at 40 C.F.R. 123.35(d).
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Water Board has additionally provided for a waiver for those communities outside of
urbanized areas with a population of 20,000 or less with an annual median household
income (MHI) that is less than 80 percent of the statewide annual MHI. (Wat. Code, §
79505.5, subd. (a)).
27. Small MS4s face highly variable conditions both in terms of threats to water quality from
their storm water discharges and resources available to manage those discharges.
Therefore, one set of prescriptive requirements is not an appropriate regulatory
approach for all Regulated Small MS4s. This Order distinguishes between New and
Renewal Traditional Small MS4 Permittees. Additionally, this Order addresses
differences between Traditional and Non-traditional Small MS4s by detailing Non-
traditional Small MS4 specific provisions in Section F Non-Traditional Small MS4
Provisions. Provisions are tailored to address the diverse program structures of Non-
traditional Small MS4s to allow for an appropriate regulatory approach.
28. There are variable levels of resources available to Regulated Small MS4s for public
outreach and education and water quality monitoring. Recognizing this, the Order gives
Permittees numerous compliance options in these two program areas. However, all
Regulated Small MS4s that discharge to ASBS or impaired water bodies4 must conduct
monitoring as specified in Attachment C and Attachment G, respectively. All Regulated
Small MS4s with a population of 50,000 or more must conduct monitoring specified in
Sections E.13.d.1. or E.13.d.2. of the Order or as approved by the Executive Officer of
the applicable Regional Board. Additionally, for the public outreach program, the
Regional W ater Boards may require the Regulated Small MS4s to utilize the approach of
Community-Based Social Marketing.
29. Renewal Traditional Small MS4 Permittees shall comply with Section E. Certain
provisions within Section E contain compliance dates that are past the effective date of
this Order, in these cases, the Permittee shall implement its existing program until that
date.
30. This Order modifies the existing General Permit, Order 2003-0005-DWQ by establishing the
storm water management program requirements in the Order and defining the minimum
acceptable elements of the municipal storm water management program. Minimum permit
requirements are known at the time of permit issuance and not left to be determined later
through Regional Water Board review and approval of Storm Water Management Plans
(SWMPs).
31. The State Water Board recognizes the necessity of a storm water program guidance
document specific to each Permittee to provide planning and guidance for each program area
and to identify responsible implementing parties. Permittees must develop and implement a
storm water program guidance document and must submit the document during the
application process.
32. The State Water Board recognizes that in some instances Renewal Permittees’ SWMPs that
were approved under the prior General Permit, Order 2003-0005-DWQ have incorporated
BMPs designed to address locality-specific storm water issues and that in some cases these
4 A waterbody that has been determined under state policy and federal law not meet water quality standards. An impaired water is a
water that has been listed on the California 303(d) list or has not yet been listed but otherwise meets the criteria for list ing. A water is
a portion of a surface water of the state, including ocean, estuary, lake, river, creek, or wetland. The water currently
may not be meeting state water quality standards or may be determined to be threatened and have the potential to not meet
standards in the future. The State of California’s 303(d) list can be found at http://www.swrcb.ca.gov/quality.html.
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BMPs may, because of locality-specific factors, be more protective of water quality than the
minimum requirements established by this Order. Renewal Permittees will additionally
include in the guidance document the following: identification and brief description of each
BMP and associated measurable goal included in the Permittee’s previously approved
SWMP under the prior General Permit, Order 2003-0005-DWQ, that constitutes a more
specific local or tailored level of implementation that may be more protective of water quality
than the minimum requirements of this Order; and identification of whether the Permittee
proposes to maintain, reduce, or cease implementation for each more protective, locally-
tailored BMP. In no instance may a BMP be reduced or ceased if it is required by the
minimum standards set by this Order.
33. Minimum measures have been established in this Order to simplify assessment of
compliance and allow the public to more easily assess each Permittee’s compliance.
34. Each provision establishes the required task description, minimum implementation levels
(i.e., escalating enforcement, reporting requirements for tracking projects, number of
monitoring sites, etc.), and reporting elements to substantiate that the Permittee meets these
implementation levels. Regional Water Board staff will be able to evaluate each individual
Permittee’s compliance through Annual Report review and the program evaluation (audit)
process.
35. The provisions contained in this Order were derived from two main U.S. EPA documents:
MS4 Program Evaluation Guide5 and the MS4 Permit Improvement Guide6 along with
interviews and information gathered from a lengthy collaborative stakeholder process.
36. Consistent with Clean Water Act section 402(p)(3)(B)(iii), this Order requires controls to
reduce pollutants from the MS4 to the maximum extent practicable (MEP). The MEP
standard requires Permittees to apply Best Management Practices (BMPs) that are effective
in reducing or eliminating the discharge of pollutants to the waters of the U.S. MEP
emphasizes pollutant reduction and source control BMPs to prevent pollutants from entering
storm water runoff. MEP may require treatment of the storm water runoff if it contains
pollutants. The MEP standard is an ever-evolving, flexible, and advancing concept, which
considers technical and economic feasibility. BMP development is a dynamic process and
may require changes over time as the Permittees gain experience and/or the state of the
science and art progresses. To do this, the Permittees must conduct and document
evaluation and assessment of each relevant element of its program, and their program as a
whole, and revise activities, control measures/BMPs, and measurable goals, as necessary to
meet MEP. MEP is the cumulative result of implementing, evaluating, and creating
corresponding changes to a variety of technically appropriate and economically feasible
BMPs, ensuring that the most appropriate BMPs are implemented in the most effective
manner.
37. The Order's Receiving Water Limitations language is consistent with State Water Board
Order WQ 99-05 (Orange County) adopted by the State Water Board on June 17, 1999.
Receiving Water Limitations apply to all Permittees subject to this Order. The State Water
Board held a workshop on November 20, 2012, to hear comments on the receiving water
limitations provisions in MS4 permits. This Order has a reopener clause that will allow the
State Water Board to reopen the Order if the Board directs changes to the Receiving Water
Limitations language based on comments received.
38. Non-storm water discharges consist of all discharges from an MS4 that do not originate from
precipitation events. This Order effectively prohibits non-storm water discharges through an
5 Municipal Separate Storm Sewer System (MS4) Program Evaluation Guidance, USEPA, EPA-833-R-07-003, January 1, 2007
6 MS4 Permit Improvement Guide, USEPA, April 1, 2010
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MS4 into waters of the U.S. Certain categories of non-storm water discharges are
conditionally exempt as specified at 40 Code of Federal Regulations section
122.26(d)(2)(iv)(B)(1). Non-storm water discharges that are regulated by a separate NPDES
permit are not subject to the discharge prohibition. Prohibited non-storm water discharges
include conditionally exempt discharges that are found to be a significant source of pollutants
to waters of the U.S.
39. Non-storm water discharges to ASBS are prohibited except as specified in the General
Exception. Certain enumerated non-storm water discharges are allowed under the General
Exception if essential for emergency response purposes, structural stability, slope stability, or
if occur naturally. In addition, an NPDES permitting authority may authorize non-storm water
discharges to an MS4 with a direct discharge to an ASBS to the extent the NPDES permitting
authority finds that the discharge does not alter natural ocean water quality in the ASBS.
This Order allows utility vault discharges to an MS4 with a direct discharge to an ASBS,
provided the discharge is authorized by the General NPDES Permit for Discharges from
Utility Vaults and Underground Structures to Surface Water, NPDES No. CAG 990002. The
State Water Board is in the process of reissuing the General NPDES Permit for Utility Vaults.
As part of the renewal, the State Water Board will require a study to characterize
representative utility vault discharges to an MS4 with a direct discharge to an ASBS and will
impose conditions on such discharges to ensure the discharges do not alter natural ocean
water quality in the ASBS. Given the limited number and intermittent nature of utility vault
discharges to MS4s that discharge directly to an ASBS, the State Water Board finds that
discharges from utility vaults and underground structures to an MS4 with a direct discharge to
an ASBS are not expected to result in a substantial alteration of natural ocean water quality
in the ASBS in the interim period while the General NPDES Permit for Discharges from Utility
Vaults is renewed and the study is completed. Other short-duration, intermittent non-storm
water discharges related to LUPs (e.g. groundwater dewatering, potable water system
flushing, hydrotest discharges) are regulated under NPDES permits issued by the Regional
Water Boards. Although such discharges are not specifically enumerated in the General
Exception as essential for emergency response purposes, structural stability, or slope
stability, they may be required to ensure the safety and stability of the utility systems or for
operations and maintenance and for extending these essential services. For this reason, and
because the short-duration and intermittent nature of these discharges renders them unlikely
to result in substantial alteration of natural ocean water quality in the ASBS, this Order
permits such discharges to a segment of the MS4 with a direct discharge to an ASBS
provided they are authorized by an NPDES permit issued by the State Water Board or
relevant Regional Water Board. However, if a Regional Water Board determines a specific
discharge from a utility vault or underground structure does alter the natural ocean water
quality in an ASBS, the Regional Water Board may prohibit the discharge as specified in this
Order.
40. Total Maximum Daily Loads (TMDL) are numerical calculations of the maximum amount of a
pollutant that a water body can assimilate and still meet water quality standards. A TMDL is
the sum of the allowable loads of a single pollutant from all contributing point sources (waste
load allocations) and non-point sources (load allocations), background contribution, plus a
margin of safety. Discharges from Small MS4s are point source discharges subject to
TMDLs. This Order requires Permittees to comply with all applicable TMDLs approved
pursuant to 40 Code of Federal Regulations section 130.7 that assign a Waste Load
Allocation to Permittee and that have been identified in Attachment G. The high variance in
the level of detail and specificity of TMDLs necessitates the development of more specific
permit requirements in many cases to provide clarity to the Permittees regarding
responsibilities for compliance. The Regional Water Boards have submitted TMDL-specific
permit requirements to the State Water Board, for applicable TMDLs, along with statements
explaining how the requirements are designed to achieve the goals of the TMDLs
(incorporated into the Fact Sheet). The TMDL-specific permit requirements are summarized
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in Attachment G and are an enforceable component of this Order. The Regional Water
Boards are additionally being directed through this Order to review the TMDL-specific permit
requirements of Attachment G in consultation with the Permittees and the State Water Board
staff and propose any revisions to the State Water Board within one year of the effective date
of this Order. TMDLs applicable to non-traditional dischargers in the region of the Los
Angeles Regional Water Board are listed in Attachment G without TMDL-specific permit
requirements. The Los Angeles Water Board is being directed to develop and propose
TMDL-specific permit requirements for Attachment G in consultation with the Permittees and
the State Water Board staff within one year of the effective date of this Order. Any such
revisions will be incorporated into the permit through a reopener.
41. Degraded watershed processes lead to degraded water quality. To fully protect beneficial
uses, post-construction runoff retention and hydromodification control criteria for individual
projects must be derived with a knowledge of dominant watershed processes. Watershed
management zones will be delineated by the State Board during this permit term. The
Watershed management zones will be used to identify applicable areas and appropriate
criteria for runoff retention and hydromodification control to be incorporated into the next
permit. Regional Water Boards that approve watershed process-based criteria for post-
construction during this permit term will be permitted to require Permittees to implement
these criteria.
42. The post-construction requirements and design standards contained in this Order are
consistent with State Water Board Order WQ 2000-11 (Bellflower).
43. State Water Board, California State Parks and the State Historic Preservation Officer may
coordinate efforts to manage post-construction projects involving historic sites, structures or
landscapes that cannot alter their original configuration in order to maintain their historic
integrity.
44. Permittees will submit Annual Reports electronically using the State Water Board’s Storm
Water Multi-Application Reporting and Tracking System (SMARTS). The purpose of the
Annual Report is to evaluate (1) the implementation of Permittees’ storm water program;
(2) the effectiveness of BMPs and Measurable Goals, (3) the Permittee’s improvement
opportunities to achieve MEP, and (4) any supplemental information required by a Regional
Water Board in accordance with the Regional Water Board’s specific requirements.
45. To apply for General Permit coverage authorizing storm water discharges to surface waters
pursuant to this Order, the Permittees shall electronically file a Notice of Intent (NOI) using
SMARTS and mail the appropriate permit fee to the State Water Board. The NOI represents
the Permittee’s commitment to comply with the BMPs specified in this Order to achieve
compliance with the minimum control measures specified at 40 Code of Federal Regulations
sections122.34 (b)(1) through (b)(6).
46. Under 40 Code of Federal Regulations section 122.35, a Separate Implementing Entity (SIE)
can implement a storm water management program for another entity such as a municipality,
agency, or special district. The SIE implements parts or all of a storm water program for a
Permittee. Permittees relying on a SIE to implement their entire program must electronically
file an NOI using SMARTS and mail appropriate fee to the State Water Board.
47. Each Permittee is individually responsible for adoption and enforcement of ordinances
and/or policies, implementation of identified control measures/BMPs needed to prevent
or reduce pollutants in storm water and operation and maintenance (O&M).
Enforcement actions concerning this Order will be pursued only against the individual
Permittee responsible for specific violations of this Order.
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2013-0001-DWQ 13 February 5, 2013
48. In accordance with 40 Code of Federal Regulations section122.28(b)(3), a Regional
Water Board may issue an individual MS4 NPDES Permit to a Permittee otherwise
subject to this Order, or adopt an alternative general permit that covers storm water
discharges regulated by this Order. In accordance with Code of Federal Regulations
section 122.34(b)(3), a Regulated Small MS4 in the same urbanized area as a medium
or large MS4 may jointly with the medium or large MS4 seek a modification of the other
MS4s permit to be added as a limited co-permittee. The applicability of this Order is
automatically terminated on the effective date of the individual permit or joint permit or
the date of approval for coverage under the alternative general permit.
49. Certain BMPs implemented or required by Permittees for urban runoff management may
create a habitat for vectors (e.g., mosquitoes and rodents) if not properly designed or
maintained. Close collaboration and cooperation among the Permittees, local vector
control agencies, Regional Water Board staff, and the California Department of Public
Health is necessary to identify and implement appropriate vector control measures that
minimize potential nuisances and public health impacts resulting from vector breeding.
50. 40 Code of Federal Regulations section 131.12 requires that state water quality
standards include an anti-degradation policy consistent with the federal policy. The
State Water Board established California’s anti-degradation policy in State Water Board
Resolution No. 68-16. Resolution No. 68-16 incorporates the federal anti-degradation
policy where the federal policy applies under federal law. Resolution No. 68-16 requires
that existing quality of waters be maintained unless degradation is justified based on
specific findings. The Regional Water Board’s Water Quality Control Plans (Basin
Plans) implement, and incorporate by reference, both the State and federal anti-
degradation policies.
51. This action to adopt an NPDES permit is exempt from the provisions of the California
Environmental Quality Act (Public Resources Code § 21100, et seq.) in accordance with
Water Code section13389. (County of Los Angeles v. Cal. Water Boards, (2006), 143
Cal.App.4th 985.)
52. Following public notice in accordance with State and federal laws and regulations, the
State Water Board, in a public hearing on August 8, 2012, heard and considered all
comments. The State Water Board has prepared written responses to all significant
comments.
53. The State Water Board has considered the costs of complying with this Order and
whether the required BMPs meet the minimum MEP Standard required by federal law.
Further discussion of cost of compliance is included in the Fact Sheet.
54. This Order shall serve and become effective as an NPDES permit and the Permitees
shall comply with all its requirements pursuant to the timeframes identified within the
permit.
IT IS HEREBY ORDERED that operators of Small MS4s subject to this Order shall comply with
the following:
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A. APPLICATION REQUIREMENTS FOR ALL SMALL MS4 PERMITTEES
Any Small MS4s designated under this Order that chooses to apply for an individual permit or
request to join the permit of a Phase I Permittee must notify the Regional Water Board of its
intent to do so by July 1, 2013. Census Designated Places (CDPs) listed on Attachment A that
are located within an existing NPDES permit area are not required to file for separate coverage
and pay separate fees.
A.1. Small MS4 Permittees (Except for Department of Defense and Department of
Corrections and Rehabilitation Permittees)
a. New Permittees shall electronically file an NOI via SMARTS and mail the appropriate
fee to the State Water Board by July 1, 2013. Renewal Permittees shall
electronically file an NOI via SMARTS and pay the appropriate application fee to the
State Water Board. Any Renewal Permittees with paid 2013 application fee invoices
shall receive a prorated refund. If the Permittee is designated as a Regulated Small
MS4 by a Regional Water Board after adoption of this Order, the Permittee shall file
the NOI and mail the appropriate fee within six months of the date of designation.
b. General Permit coverage will be in effect upon receipt of the following:
1) NOI via SMARTS
2) Appropriate Fee (in accordance with the most recent fee schedule7)
3) Permit boundary map delineating permit jurisdiction: At a minimum the map shall
include the following:
(a) Phase II MS4 permit boundary based on 2010 Census data. For cities, the
permit area boundary is the city boundary. For Counties, permit boundaries
must include urbanized areas and places identified in Attachment A located
within their jurisdictions. The boundaries must be proposed in the permit
boundary map and may be developed in conjunction with the applicable
Regional Water Board
(b) City/County Boundaries
(c) Main Arterial Streets
(d) Highways
(e) Waterways
(f) Phase I MS4 Permit Boundary (if applicable)
4) Guidance document: The document shall at least include the following:
New Permittees:
(a) Overall program planning
(b) Identifification of all permit requirements and responsible implementing
parties
Renewal Permittees:
(a) Overall program planning
(b) Identification of all permit requirements and responsible implementing parties
7 California Code of Regulations. Title 23. Division 3. Chapter 9 Waste Discharge Reports and Requirements. Article 1 Fees.
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2013-0001-DWQ 15 February 5, 2013
(c) Identification and brief description of each BMP and associated measurable
goal included in the Permittee’s most current SWMP that constitutes a more
specific local or tailored level of implementation that may be more protective
of water quality than the minimum requirements of this Order.
(d) Identification of whether the Permittee will maintain, reduce, or cease
implementation for each more protective, locally-tailored BMP.
(e) For any more protective, locally-tailored BMP and associated measurable
goal for which the Renewal Permittee will reduce or cease implementation,
the Renewal Permittee shall demonstrate to the Executive Officer of the
relevant Regional Water Board that the reduction or cessation is in
compliance with this Order and the maximum extent practicable standard,
and will not result in increased pollutant discharges. The demonstration by
the Permittee will be subject to public comment before any approval by the
Executive Officer of reduction or cessation of BMPs In no instance may the
Renewal Permittee reduce or cease a BMP if it is required by the minimum
standards set by this Order.
The guidance document may be in spreadsheet, tabular or narrative format.
A.2. Department of Defense and Department of Corrections and Rehabilitation Permittees
a. Permittee shall electronically file an NOI via SMARTS and mail the appropriate fee to
the State Water Board by July 1, 2013. If the Permittee is designated as a
Regulated Small MS4 by a Regional Water Board after adoption of this Order, the
Permittee shall file the NOI and mail the appropriate fee within six months of the date
of designation.
b. General Permit coverage will be in effect upon receipt of the following:
1) NOI via SMARTS
2) Appropriate fee (in accordance with the most recent fee schedule8)
3) Permit boundary map as developed by the Permittee
Renewal MS4s must continue implementing their current storm water management
programs until submittal of a NOI via SMARTS.
A.3. Waiver Certification
Regulated Small MS4s may seek a waiver from the General Permit requirements if they
meet criteria specified in 40 C.F.R. §122.32(c)-(e) or additional criteria specified in
A.3.b.(3) below.
In order for a Regional Water Board to waive requirements for a Regulated Small MS4,
(1) the Regulated Small MS4 must certify that its discharges do not cause or contribute
to, or have the potential to cause or contribute to, a water quality impairment, and (2)
the Regulated Small MS4 must meet one of the waiver options in Section b below:
a. Waiver Certification Application Requirements - A Waiver Certification will only be in
effect upon completion of the following:
8 California Code of Regulations. Title 23. Division 3. Chapter 9 Waste Discharge Reports and Requirements. Article 1 Fees.
Phase II Small MS4 General Permit
2013-0001-DWQ 16 February 5, 2013
1) Annual Waiver Certification submitted via SMARTS.
2) Annual Waiver Certification renewal fee of $200 plus any applicable surcharge.
3) Letter via SMARTS from Regional Water Board or its Executive Officer waiving
requirements.
Requirements are automatically waived if the Regional Water Board does not respond
within six months.
b. Waiver Criteria
(1) Option 1
(a) The jurisdiction served by the system is less than 1,000 people;
(b) The system is not contributing substantially (as defined in Finding 25) to the
pollutant loadings of a physically interconnected regulated MS4; and
(c) If the small MS4 discharges any pollutants identified as a cause of impairment
of any water body to which it discharges, storm water controls are not needed
based on WLAs that are part of a U.S.EPA approved or established TMDL
that addresses the pollutant(s) of concern.
(2) Option 2
(a) The jurisdiction served by the system is less than 10,000 people;
(b) The Regional Water Board has evaluated all waters of the U.S. that receive a
discharge from the system;
(c) The Regional Water Board has determined that storm water BMPs are not
needed based on WLAs that are part of a U.S. EPA approved or established
TMDL that addresses the pollutant(s) of concern or an equivalent analysis;
and
(d) The Regional Water Board has determined that future discharges from the
Regulated Small MS4 do not have the potential to result in exceedances of
water quality standards.
(3) Option 3 (applicable to Small MS4s outside an Urbanized Area only)
Small Disadvantaged Community – The Regulated Small MS4 certifies that it is a
community with a population of 20,000 or less with an annual median household
income (MHI) that is less than 80 percent of the statewide annual MHI. (Wat.
Code, § 79505.5 , subd.(a)).
If the Waiver Certification Application Requirements or conditions of any waiver option
are not met by the Regulated Small MS4, then the Regulated Small MS4 must submit a
NOI via SMARTS and appropriate fee for coverage under this General Permit or apply
for an individual NPDES permit.
The State Water Board or a Regional Water Board can, at any time, require a
previously waived Regulated Small MS4 to comply with this General Permit or an
individual NPDES permit if circumstances change so that the conditions of the waiver
are no longer met. Changed circumstances can also allow a Regulated Small MS4 to
request a waiver at any time.
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2013-0001-DWQ 17 February 5, 2013
B. DISCHARGE PROHIBITIONS
1. Discharges of waste from the MS4 that are prohibited by Statewide Water Quality
Control Plans or applicable Regional Water Quality Control Plans (Basin Plans) are
prohibited.
2. Discharges of storm water from the MS4 to waters of the U.S. in a manner causing or
threatening to cause a condition of pollution or nuisance as defined in Water Code §
13050 are prohibited.
3. Discharges through the MS4 of material other than storm water to waters of the U.S.
shall be effectively prohibited, except as allowed under this Provision or as otherwise
authorized by a separate NPDES permit. The following non-storm water discharges are
not prohibited provided any pollutant discharges are identified and appropriate control
measures to minimize the impacts of such discharges, are developed and implemented
under the Permittee’s storm water program. This provision does not obviate the need to
obtain any other appropriate permits for such discharges.
a. water line flushing;
b. individual residential car washing;
c. diverted stream flows;
d. rising ground waters;
e. uncontaminated ground water infiltration (as defined at 40 C.F.R. §35.2005(20))
to separate storm sewers;
f. uncontaminated pumped ground water;
g. discharges from potable water sources;
h. foundation drains;
i. air conditioning condensation;
j. springs;
k. water from crawl space pumps;
l. footing drains;
m. flows from riparian habitats and wetlands;
n. dechlorinated swimming pool discharges; and
o. incidental runoff from landscaped areas(as defined and in accordance with
Section B.4 of this Order).
Discharges or flows from fire-fighting activities are excluded from the effective prohibition
against non-storm water and need only be addressed where they are identified as
significant sources of pollutants to waters of the U.S.
If a Permittee or a Regional Water Board Executive Officer determines that any
individual or class of non-storm water discharge(s) listed above may be a significant
source of pollutants to waters of the U.S. or physically interconnected MS4, or poses a
threat to water quality standards (beneficial uses), the Regional Water Board Executive
Officer may require the appropriate Permittee to monitor and submit a report and to
implement BMPs on the discharge.
4. Discharges in excess of an amount deemed to be incidental runoff shall be controlled.
Regulated Small MS4s shall require parties responsible for such to implement Sections
B.4.a-d below. Incidental runoff is defined as unintended amounts (volume) of runoff,
Phase II Small MS4 General Permit
2013-0001-DWQ 18 February 5, 2013
such as unintended, minimal over-spray from sprinklers that escapes the area of
intended use. Water leaving an intended use area is not considered incidental if it is part
of the facility design, if it is due to excessive application, if it is due to intentional overflow
or application, or if it is due to negligence.
Parties responsible for controlling runoff in excess of incidental runoff shall:
a. Detect leaks (for example, from broken sprinkler heads) and correct the leaks within
72 hours of learning of the leak;
b. Properly design and aim sprinkler heads;
c. Not irrigate during precipitation events; and
d. Manage pond containing recycled water such that no discharge occurs unless the
discharge is a result of a 25-year, 24-hour storm event or greater, and the
appropriate Regional Water Board is notified by email no later than 24 hours after
the discharge. The notification is to include identifying information, including the
Permittee’s name and permit identification number.
Non-storm water runoff discharge that is not incidental is prohibited, unless otherwise
specified in Section B.3 above.
Incidental runoff may be regulated by waste discharge requirements or, where
necessary, waste discharge requirements that serve as a NPDES permit, including MS4
permits.
5. Discharge to Areas of Special Biological Significance (ASBS) is prohibited except in
compliance with the ASBS Special Protection Provisions in Attachment C. Regulated
Small MS4s that discharge to an ASBS are listed in Attachment D and are subject to the
ASBS Special Protection Provisions.
C. EFFLUENT LIMITATIONS
1. Permittees shall implement controls as required by this Order to reduce the discharge of
pollutants from their MS4s to waters of the U. S. to the MEP. Permittees shall
additionally reduce the discharge of pollutants (1) to achieve TMDL waste load
allocations (WLAs) established for discharges by the MS4s and (2) to comply with the
Special Protections for discharges to ASBS.
2. Storm water discharges regulated by this Order shall not contain a hazardous substance
in amounts equal to or in excess of a reportable quantity listed in 40 C.F.R. Part 117 or
40 C.F.R. Part 302.
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2013-0001-DWQ 19 February 5, 2013
D. RECEIVING WATER LIMITATIONS
Discharges shall not cause or contribute to an exceedance of water quality standards
contained in a Statewide Water Quality Control Plan, the California Toxics Rule (CTR), or in
the applicable Regional Water Board Basin Plan.
The Permittee shall comply with Receiving Water Limitations through timely implementation
of control measures/BMPs and other actions to reduce pollutants in the discharges and
other requirements of this Order including any modifications. The storm water program shall
be designed to achieve compliance with Receiving Water Limitations. If exceedance(s) of
water quality objectives or water quality standards persist notwithstanding implementation of
other storm water program requirements of this Order, the Permittee shall assure
compliance with Receiving Water Limitations by complying with the following procedure:
1. Upon a determination by either the Permittee or the Regional Water Board that MS4
discharges are causing or contributing to an exceedance of an applicable water quality
standard, the Permittee shall promptly notify and thereafter submit a report to the
Regional Water Board that describes BMPs that are currently being implemented and
additional BMPs that will be implemented to prevent or reduce any pollutants that are
causing or contributing to the exceedance of water quality standards. The report shall
include an implementation schedule. The Regional Board may require modifications to
the report;
2. Submit any modifications to the report required by the Regional Water Board within
30 days of notification;
3. Implement the actions specified in the report in accordance with the approved schedule;
4. So long as the Permittee has complied with the procedure set forth above and is
implementing the actions, the Permittee does not have to repeat the same procedure for
continuing or recurring exceedances of the same receiving water limitations unless
directed by the State Water Board or the Regional Water Board to develop additional
BMPs.
E. PROVISIONS FOR ALL TRADITIONAL SMALL MS4 PERMITTEES
E.1. RENEWAL TRADITIONAL SMALL MS4 PERMITTEES
All Renewal Traditional Small MS4s Permittees shall comply with this Section. Where the
requirements of a certain subsection provide a compliance date that is past the effective
date of this Order, the Renewal Traditional Small MS4 shall implement its existing program
until that date.
E.2. NEW TRADITIONAL SMALL MS4 PERMITTEES
New Traditional Small MS4s shall comply with this Section.
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2013-0001-DWQ 20 February 5, 2013
E.3. NON-TRADITIONAL SMALL MS4S PERMITTEES
E.3.a. All Renewal Non-Traditional Small MS4 Permittees shall comply with Section F of
this Order. Where the requirements of a certain subsection provide a compliance
date that is past the effective date of this Order, the Renewal Non-Traditional Small
MS4 shall implement its existing program until that date.
E.3.b. New Non-Traditional Small MS4s Permittees shall comply with Section F of this
Order.
E.4. SMALL MS4 ASBS PERMITTEES
Both Traditional and Non-traditional Small MS4s Permittees that discharge to ASBS as
listed on Attachment D shall comply with Attachment C in addition to all other applicable
provisions of this Order.
E.5. SEPARATE IMPLEMENTING ENTITY (SIE)
Permittees, both Traditional and Non-traditional Small MS4s, may rely on a SIE to satisfy
one or more of the permit obligations, if the SIE can appropriately and adequately address
the storm water issues of the Permittee. The SIE must agree to implement the BMPs, or
components thereof, to achieve compliance with this Order. If the SIE fails to implement
the BMPs, the Permittee remains responsible for compliance with this Order.
E.6. PROGRAM MANAGEMENT ELEMENT
To effectively implement a coordinated storm water program, the Permittee shall have an
overarching Program Management element in its storm water management program. The
Program Management element shall include the following:
E.6.a. Legal Authority
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall review and revise relevant ordinances or other regulatory
mechanisms, or adopt any new ordinances or other regulatory mechanisms, to
obtain adequate legal authority, to the extent allowable under state or local law, to
control pollutant discharges into and from, as applicable, its MS4, and to meet the
requirements of this Order.
(ii) Implementation Level –At a minimum, the Permittee shall have adequate legal
authority to:
(a) Effectively prohibit non-storm water discharges through the MS4. Exceptions to
this prohibition are NPDES-permitted discharges of non-storm water and non-
storm water discharges in B.3 that are considered non-significant contributors of
pollutants. Where the non-storm water discharge is to a segment of an MS4 that
discharges directly to an ASBS, exceptions to the non-storm water prohibition are
specified in Attachment C.
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2013-0001-DWQ 21 February 5, 2013
(b) Detect and eliminate illicit discharges and illegal connections to the MS4. Illicit
connections include pipes, drains, open channels, or other conveyances that
have the potential to allow an illicit discharge to enter the MS4. Illicit discharges
include all non-storm water discharges not otherwise authorized in this Order,
including discharges from organized car washes, mobile cleaning and pressure
wash operations,
(c) Respond to the discharge of spills, and prohibit dumping or disposal of materials
other than storm water into the MS4.
(d) Require parties responsible for runoff in excess of incidental runoff to implement
Discharge Prohibition B.4.a-e.
(e) Require operators of construction sites, new or redeveloped land; and industrial
and commercial facilities to minimize the discharge of pollutants to the MS4
through the installation, implementation, or maintenance of BMPs consistent with
the California Storm Water Quality Association (CASQA) Best Management
Practice Handbooks or equivalent.
(f) Require information deemed necessary to assess compliance with this Order.
The Permittee shall only require information in compliance with the Homeland
Security Act or any other federal law that concerns security in the United States.
The Permittee shall also have the authority to review designs and proposals for
new development and redevelopment to determine whether adequate BMPs will
be installed, implemented, and maintained during construction and after final
stabilization (post-construction).
(g) Enter private property for the purpose of inspecting, at reasonable times, any
facilities, equipment, practices, or operations for active or potential storm water
discharges, or non-compliance with local ordinances/standards or requirements
in this Order, as consistent with any applicable state and federal laws.
(h) Require that dischargers promptly cease and desist discharging and/or cleanup
and abate a discharge, including the ability to:
1) Effectively require the discharger to abate and clean up their discharge, spill, or
pollutant release within 72 hours of notification; high risk spill should be
cleaned up as soon as possible.
2) Require abatement within 30 days of notification, for uncontrolled sources of
pollutants that could pose an environmental threat;
3) Perform the clean-up and abatement work and bill the responsible party, if
necessary;
4) Provide the option to order the cessation of activities until such problems are
adequately addressed if a situation persists where pollutant-causing sources
or activities are not abated;
5) Require a new timeframe and notify the appropriate Regional Water Board
when all parties agree that clean-up activities cannot be completed within the
original timeframe and notify the appropriate Regional Water Board in writing
within five business days of the determination that the timeframe requires
revision.
(i) When warranted, have the ability to:
1) Levy citations or administrative fines against responsible parties either
immediately at the site, or within a few days.
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2) Require recovery and remediation costs from responsible parties.
(j) Impose more substantial civil or criminal sanctions (including referral to a city or
district attorney) and escalate corrective response, consistent with its
Enforcement Response Plan developed pursuant to Section E.6.c., for persistent
non-compliance, repeat or escalating violations, or incidents of major
environmental harm.
E.6.b. Certification
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall certify by its Principal Executive Officer, Ranking Elected Official, or
Duly Authorized Representative as described in 40 Code of Federal Regulations
section 122.22(b) that the Permittee has and will maintain full legal authority to
implement and enforce each of the requirements contained in this Order.
(ii) Implementation Level – The Permittee’s certification statement shall include the
following:
(a) Identification of all departments within the Permittee’s jurisdiction that conduct
storm water-related activities and their roles and responsibilities under this Order.
(b) Citation of storm water runoff related ordinances, identification of the topics each
ordinance addresses;
(c) Identification of the local administrative and legal procedures and ordinances
available to mandate compliance with storm water-related ordinances and
therefore with the conditions of this Order.
(d) A description of how storm water related-ordinances are reviewed and
implemented.
(e) A statement that the municipality will implement enforcement actions consistent
with its Enforcement Response Plan developed pursuant to Section E.6.c.
(iii) Reporting – All Permittees shall submit in the second year online Annual Report, a
statement signed by an authorized signatory certifying the Permittee has adequate
legal authority to comply with all Order requirements.
E.6.c. Enforcement Measures and Tracking
(i) Task Description – Within the third year of the effective date of the permit, the
Permittee shall develop and implement an Enforcement Response Plan. The
Enforcement Response Plan shall contain enforcement procedures and actions and
identify the Permittee’s responses to violations and describe how the Permittee will
address repeat and continuing violations by implementing progressively stricter
responses as needed to achieve compliance.
(ii) Implementation Level - The Enforcement Response Plan shall describe how the
Permittee will use each of the following types of enforcement responses based on
the type of violation:
(a) Verbal Warnings – Verbal warnings are primarily consultative in nature. At a
minimum, verbal warnings shall specify the nature of the violation and required
corrective action.
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(b) Written Notices – Written notices shall include nature of the violation and the
required corrective action, with deadlines for taking such action.
(c) Escalated Enforcement Measures – The Permittee shall establish legal authority
to employ any combination of the enforcement actions below (or their functional
equivalent), and to escalate enforcement responses where necessary to correct
persistent non-compliance, repeat or escalating violations, or incidents of major
environmental harm:
1) Citations (with Fines) – The Enforcement Response Plan shall describe when
the Permittee will assess monetary fines, which may include civil and
administrative penalties.
2) Stop Work Orders – The Enforcement Response Plan shall describe when
the Permittee will issue stop work orders that require construction activities to
be halted, except for those activities directed at cleaning up, abating
discharge, and installing appropriate BMPs.
3) Withholding of Plan Approvals or Other Authorizations – Where a facility is in
non-compliance, the Enforcement Response Plan shall describe how the
Permittee’s own approval or authorization processes that affect the facility’s
ability to discharge to the MS4 can be used to abate the violation.
4) Additional Measures – The Enforcement Response Plan may also describe
other escalated measures the Permittee has under its local legal authorities.
For example, the Permittee may need to improve erosion control measures
and collect the funds to pay for work and materials from the responsible party
by either collecting against the project’s bond or directly billing the
responsible party.
(d) NPDES Permit Referrals–For those construction projects or industrial
facilities subject to the State’s Construction General Permit (CGP) or
Industrial General Permit (IGP), the Permittee shall:
1) Refer non-filers (i.e., those facilities that cannot demonstrate that they
obtained permit coverage) to the appropriate Regional Water Board
within 30 days of making that determination, or file a complaint on the
State Water Board’s website:
http://www.dtsc.ca.gov/database/CalEPA_Complaint/index.cfm. In
making such referrals, at a minimum include the following
documentation:
a) Construction project or industrial facility location.
b) Name of owner or operator.
c) Estimated construction project size or type of industrial activity (including
the Standard Industrial or the North American Industry Classification, if
known).
d) Records of communication with the owner or operator regarding filing
requirements.
2) Refer ongoing violations to the appropriate Regional Water Board
provided that the Permittee has made a good faith effort of progressive
enforcement to achieve compliance with its own ordinances. At a
minimum, the Permittee’s good faith effort shall include documentation
Phase II Small MS4 General Permit
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of two follow-up inspections and two warning letters or notices of
violation. In making such referrals, the Permittee shall include, at a
minimum, the following information:
a) Construction project or industrial facility location
b) Name of owner or operator
c) Estimated construction project size or type of industrial activity (including
Standard Industrial Classification or North American Industry
Classification System if known)
d) Records of communication with the owner or operator regarding the
violation, including at least two follow-up inspections, two warning letters
or notices of violation, and any response from the owner or operator
e) Enforcement Tracking –Track instances of non-compliance via
hard-copy files or electronically. The enforcement tracking
documentation shall include, at a minimum, the following:
(1) Name of owner/operator
(2) Location of construction project or industrial facility
(3) Description of violation
(4) Required schedule for returning to compliance
(5) Description of enforcement response used, including escalated
responses if repeat violations occur or violations are not resolved
within the time specified in the enforcement action.
(6) Accompanying documentation of enforcement response (e.g., notices
of noncompliance, notices of violations, etc.)
(7) Any referrals to different departments or agencies
f) Recidivism Reduction – The Permittee shall identify chronic
violators of any provision of this Order or of any related local
ordinance or regulation and reduce the rate of noncompliance
recidivism. The Permittee shall develop incentives, disincentives, or
increase inspection frequency at the operator’s sites to prevent
chronic violations.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all
requirements of this program element. The summary shall also address the
relationship between the program element activities and the Permittee's
Program Effectiveness Assessment and Improvement Plan that tracks annual
and long-term effectiveness of the storm water program. If a Permittee is
unable to certify compliance with a requirement in this program element see
Section E.16.a.for compliance directions.
E.7. EDUCATION AND OUTREACH PROGRAM
Traditional Small MS4 Permittees may be required to implement Community-Based Social
Marketing (CBSM) requirements as detailed in Attachment E upon determination by a Regional
Board Executive Officer. The Regional Board Executive Officer shall notify Permittees within
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2013-0001-DWQ 25 February 5, 2013
three months of the permit adoption date of their determination to require CBSM.9 The
notification shall include a statement of reasons why the Executive Officer finds that
implementation of CBSM is appropriate. If the Permittee disagrees with the Executive Officer
determination, the Permittee may bring the dispute to the State Water Board Executive Director
or his designee as specified under the Dispute Resolution provision of this Order.
E.7.a. Public Education and Outreach
Within the first year of the effective date of the permit, all Permittees shall comply with
the requirements in this Section by selecting one or more of the following Public
Education and Outreach options:
1) Contributing to a countywide storm water program, as determined appropriate by the
Permittee members, so that the countywide storm water program conducts outreach
and education on behalf of its members; or
2) Contributing to a regional outreach and education collaborative effort (a regional
outreach and education collaborative effort occurs when all or a majority of the
Permittees collaborate to conduct regional outreach and education. Regional
outreach and education collaboration includes Permittees defining a uniform and
consistent message, deciding how best to communicate the message, and how
to facilitate behavioral changes, then collaboratively apply what is learned
through local jurisdiction groups, pooling resources and skills.); or
3) Fulfilling outreach and education requirements within their jurisdictional
boundaries on their own; or
4) A combination of the previous options, so that all requirements are fulfilled.
Reporting – By the first year Annual Report, the Permittee shall submit information
indicating which Public Education and Outreach option(s) it will use to comply with
this Section. For each option involving a contribution to a countywide storm water
program or regional outreach and education collaborative effort, the Permittee shall
complete and have available in the first year Annual Report documentation, such as
a written agreement, letter or similar document, which confirms the collaboration with
other MS4s.
(i)Task Description – Within the second year of the effective date of the permit, the
Permittee shall develop and implement a comprehensive storm water public
education and outreach program. The public education and outreach program shall
be designed to reduce pollutant discharges in storm water runoff and non-storm
water discharges to the MS4 through increased storm water knowledge and
awareness in target communities. The Public Education and Outreach Program
shall be designed to measurably increase the knowledge and awareness of targeted
audience regarding the municipal storm drain system, impacts of urban runoff and
non-storm water discharges on receiving waters, and potential BMP solutions for the
target audiences, thereby reducing pollutant releases to the MS4 and the
environment.
9 Getting in Step, A Guide to, Conducting Watershed Outreach Campaigns, 3rd Edition, November 2010, EPA 841-B-10-002,
USEPA, Office of Water.
Phase II Small MS4 General Permit
2013-0001-DWQ 26 February 5, 2013
(ii) Implementation Level –The Permittee shall, at a minimum:
(a) Develop and implement a public education strategy that establishes education
tasks based on water quality problems, target audiences, and anticipated task
effectiveness. The strategy must include identification of who is responsible for
implementing specific tasks and a schedule for task implementation. The
strategy must demonstrate how specific high priority storm water quality issues in
the community or local pollutants of concern are addressed.
(b) Implement surveys at least twice during the permit term to gauge the level of
awareness in target audiences and effectiveness of education tasks.
(c) Develop and convey a specific storm water message that focuses on the
following:
1) Local pollutants of concern
2) Target audience
3) Regional water quality issues
(d) Develop and disseminate appropriate educational materials to target audiences
and translate into applicable languages when appropriate (e.g. the materials can
utilize various media such as printed materials, billboard and mass transit
advertisements, signage at select locations, stenciling at storm drain inlets, radio
advertisements, television advertisements, and websites);
(e) Utilize public input (e.g., the opportunity for public comment, or public meetings)
in the development of the program;
(f) Distribute the educational materials, using whichever methods and procedures
determined appropriate during development of the public education strategy;
(g) Convey messages to explain the benefits of water-efficient and storm water-
friendly landscaping10, using existing information if available;
(h) Develop and convey messages specific to reducing illicit discharges with
information about how the public can report incidents to the appropriate
authorities. The Permittee must promote, publicize, and facilitate public reporting
of illicit discharges or water quality impacts associated with discharges into or
from MS4s through a central contact point, including phone numbers for
complaints and spill reporting, and publicize to both internal Permittee staff and
the public. If 911 is selected, the Permittee must also create, maintain, and
publicize a staffed, nonemergency phone number with voicemail, which is
checked daily;
(i) Develop and convey messages specific to proper application of pesticides,
herbicides, and fertilizers;
(j) Within the Permittee’s jurisdiction, provide independent, parochial, and public
schools with materials to effectively educate school –age children about storm
water runoff and how they can help protect water quality habitat in their local
watershed (s). The Permittee is encouraged to use environmental and place-
based, experiential learning materials that are integrated into school curricula
and school facility management11. In the case that an environmental and place-
10 For example, Surfrider’s Ocean Friendly Garden Program (http://www.surfrider.org/programs/entry/ocean-friendly-gardens) and
the Water Efficient Landscape Ordinance (WELO)
11 For example, Splash (www.sacsplash.org/ ),Effie Yeaw Nature Center (www.sacnature.net) or Yolo Basin (www. yolobasin.org)
Phase II Small MS4 General Permit
2013-0001-DWQ 27 February 5, 2013
based, experiential learning local program does not exist, the Permittee may use
California’s Education and Environment Initiative Curriculum12 or equivalent.
(k) Develop (or coordinate with existing, effective programs) and convey messages
specific to reducing discharges from organized car washes, mobile cleaning and
pressure washing operations, and landscape irrigation.
(l) Conduct storm water-friendly education for organized car wash participants and
provide information pertaining to car wash discharge reduction. The Permittee
may use the Sacramento Stormwater Quality Partnership’s River Friendly
Carwash Program13, or equivalent, for guidance.
(m) Develop and convey messages specific to mobile cleaning and pressure wash
businesses.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.7.b. Staff and Site Operator Training and Education
E.7.b.1. Illicit Discharge Detection and Elimination Training
(i) Task Description – Within the third year of the effective date of the permit, the
Permittee shall develop and implement a training program for all Permittee staff who,
as part of their normal job responsibilities, may be notified of, come into contact with,
or otherwise observe an illicit discharge or illegal connection to the storm drain
system.
(ii) Implementation Level – The training program shall include at a minimum:
(a) Identification of an illicit discharge or illegal connection.
(b) Proper procedures for reporting and responding to the illicit discharge or illegal
connection.
(c) Follow-up training shall be provided as needed to address changes in
procedures, techniques, or staffing.
(d) An annual assessment of their trained staff’s knowledge of illicit discharge
response and refresher training as needed.
(e) Training for new staff who, as part of their normal job responsibilities may be
notified of, come into contact with, or otherwise observe an illicit discharge or
illegal connection shall be trained no later than six months after the start of
employment.
(f) Contact information, including the procedure for reporting an illicit discharge,
shall be included in each of the Permittee’s fleet vehicles that are used by field
staff.
(g) Focused education on identified illicit discharges and associated illicit discharge
locations.
12 http://www.californiaeei.org/
13 http://www.beriverfriendly.net/riverfriendlycarwashing/
Phase II Small MS4 General Permit
2013-0001-DWQ 28 February 5, 2013
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.7.b.2. Construction Outreach and Education
(a) Permittee Staff Training
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall ensure that all staff implementing the construction site storm water
runoff control program are adequately trained.
(ii) Implementation Level – The Permittee may conduct in-house training or contract
with consultants. Training shall be provided to the following staff positions of the
MS4:
(a) Plan Reviewers and Permitting Staff - The Permittee shall ensure plan reviewers
and permitting staff are qualified individuals, knowledgeable in the technical
review of local erosion and sediment control plans, (including proper control
measure selection, installation, implementation, and maintenance, as well as
administrative requirements such as inspection reporting/tracking and the use of
the Permittee’s enforcement responses), and are certified pursuant to a State
Water Board sponsored program as a Qualified Storm Water Pollution
Prevention Plan (SWPPP) Developer (QSD), or a designated person on staff
possesses the QSD credential.
(b) Erosion Sediment Control/Storm Water Inspectors - The Permittee shall ensure
inspectors are qualified individuals, knowledgeable in inspection procedures, and
are certified pursuant to a State Water Board sponsored program as either (1) a
Qualified SWPPP Developer (QSD); (2) a Qualified SWPPP Practitioner (QSP);
or (3) a designated person on staff possesses each credential (QSD to supervise
plan review, QSP to supervise inspection operations).
(c) Third-Party Plan Reviewers, Permitting Staff, and Inspectors - If the Permittee
utilizes outside parties to review plans and/or conduct inspections, the Permittee
shall ensure these staff are trained.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
Phase II Small MS4 General Permit
2013-0001-DWQ 29 February 5, 2013
(b) Construction Site Operator Education
(i) Task Description – Within the third year of the effective date of the permit, the
Permittee shall develop and distribute educational materials to construction site
operators.
(ii) Implementation Level – The Permittee shall do the following:
(a) Each year, provide information on training opportunities for construction operators
on BMP selection, installation, implementation, and maintenance as well as
overall program compliance.
(b) Develop or utilize existing outreach tools (i.e. brochures, posters, etc.) aimed at
educating construction operators on appropriate selection, installation,
implementation, and maintenance of storm water BMPs, as well as overall
program compliance.
(c) Distribute appropriate outreach materials to all construction operators who will be
disturbing land within the MS4 boundary. The Permittee's contact information
and website shall be included in these materials.
(d) Update the existing storm water website, as necessary, to include information on
appropriate selection, installation, implementation, and maintenance of BMPs.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element . The summary shall also address the relationship between
the program element activities and the Permittee's Program Ef fectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section E.16.a.for compliance directions.
E.7.b.3. Pollution Prevention and Good Housekeeping Staff Training
The Permittee shall train employees on how to incorporate pollution prevention/good
housekeeping techniques into Permittee operations.
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall develop a biennial employee training program for appropriate
employees involved in implementing pollution prevention and good housekeeping
practices as specified in Section E.11. Pollution Prevention/Good Housekeeping for
Permittee Operations of this Order. The Permittee shall determine the need for
interim training during alternate years when training is not conducted, through an
evaluation of employee Pollution Prevention/Good Housekeeping knowledge. All new
hires whose jobs include implementation of pollution prevention and good
housekeeping practices must receive this training within the first year of their hire
date.
(ii) Implementation Level – The training program shall include the following:
(a) Biennial training for all employees implementing this program element. This
biennual training shall include a general storm water education component, any
new technologies, operations, or responsibilities that arise during the year, and
the permit requirements that apply to the staff being trained. Employees shall
Phase II Small MS4 General Permit
2013-0001-DWQ 30 February 5, 2013
receive clear guidance on appropriate storm water BMPs to use at municipal
facilities and during typical O&M activities.
(b) A biennual assessment of trained staff’s knowledge of pollution prevention
and good housekeeping and shall revise the training as needed.
(c) A requirement that any contractors hired by the Permittee to perform O&M
activities shall be contractually required to comply with all of the storm
water BMPs, good housekeeping practices, and standard operating
procedures described above.
(d) The Permittee shall provide oversight of contractor activities to ensure that
contractors are using appropriate BMPs, good housekeeping practices and
following standard operating procedures.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.8. PUBLIC INVOLVEMENT AND PARTICIPATION PROGRAM
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall involve the public in the development and implementation of activities
related to the program. The public participation and involvement program shall
encourage volunteerism, public comment and input on policy, and activism in the
community. The Permittee shall also be involved in their Integrated Regional Water
Management Plan (IRWMP) or other watershed-level planning effort, if applicable.
(ii) Implementation Level – At a minimum, the Permittee shall:
(a) Develop a public involvement and participation strategy that establishes who is
responsible for specific tasks and goals.
(b) Consider development of a citizen advisory group (either a stand-alone group or
utilize an existing group or process). The advisory group may consist of a
balanced representation of all affected parties, including residents, business
owners, and environmental organizations in the MS4 service area and/or affected
watershed. The Permittee may invite the citizen advisory group to participate in
the development and implementation of all parts of the community’s storm water
program.
(c) Create opportunities for citizens to participate in the implementation of BMPs
through sponsoring activities (e.g., stream/beach/lake clean-ups, storm drain
stenciling, volunteer monitoring and educational activities).
(d) Ensure the public can easily find information about the Permittee’s storm
water program.
(e) Actively engage in the Permittee’s IRWMP or other watershed-level
planning effort.
Phase II Small MS4 General Permit
2013-0001-DWQ 31 February 5, 2013
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements
of this program element. The summary shall also address the relationship
between the program element activities and the Permittee's Program
Effectiveness Assessment and Improvement Plan that tracks annual and long-
term effectiveness of the storm water program. If a Permittee is unable to certify
compliance with a requirement in this program element see Section E.16.a.for
compliance directions.
E.9. ILLICIT DISCHARGE DETECTION AND ELIMINATION
The Permittee shall develop an Illicit Discharge Detection and Elimination program
to detect, investigate, and eliminate illicit discharges, including illegal dumping, into
its system, to the extent allowable under law.14 The Permittee may utilize the CWP’s
guide on Illicit Discharge Detection and Elimination as guidance.
E.9.a. Outfall Mapping
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall create and maintain an up-to-date and accurate outfall map15. The
map may be in hard copy and/or electronic form or within a geographic information
system (GIS) the development of the outfall map shall include a visual outfall inventory
involving a site visit to each outfall. Renewal Permittees that have an existing up-to-
date outfall map that includes the minimum requirements specified in Section
E.9.a.(ii)(a-e) are not required to re-create the outfall map. This does not exempt
Renewal Permittees with an existing outfall map from conducting the field sampling
specified in Section E.9.c.
(ii) Implementation Level - The outfall map shall at a minimum show:
(a) The location of all outfalls16 that are operated by the Permittee within the urbanized
area, drainage areas, and land use(s) contributing to those outfalls that are
operated by the Permittee, and that discharge within the Permittee’s jurisdiction to
a receiving water. Each mapped outfall shall be located using coordinates
obtained from a global positioning system (GPS) and given an individual
alphanumeric identifier, which shall be noted on the map. Photographs or an
electronic database shall be utilized to provide baseline information and track
operation and maintenance needs over time.
(b) The location (and name, where known to the Permittee) of all water bodies
receiving direct discharges from those outfall pipes.
(c) Priority areas, including, but not limited to the following:
14 The Permittee shall use the Center for Watershed Protection’s guide on Illicit Discharge Detection and Elimination (IDDE): A
Guidance Manual for Program Development and Technical Assistance (available at www.cwp.org) or equivalent when developing
an IDDE program. Guidance can also be found at: http://cfpub.epa.gov/npdes/stormwater/idde.cfm.
15 The Permittee may utilize existing forms such as the CWP Outfall Reconnaissance Inventory/Sample Collection Field Sheet while
conducting the mapping inventory and Field Sampling as specified below, in Section
E.9.c.(http://cfpub.epa.gov/npdes/stormwater/idde.cfm).
16 Submerged outfalls or other outfalls that may pose a threat to public safety and/or that are inaccessible are not required to be
inventoried.
Phase II Small MS4 General Permit
2013-0001-DWQ 32 February 5, 2013
1) Areas with older infrastructure that are more likely to have illegal
connections and a history of sewer overflows or cross-connections
2) Industrial, commercial, or mixed use areas;
3) Areas with a history of past illicit discharges;
4) Areas with a history of illegal dumping;
5) Areas with onsite sewage disposal systems;
6) Areas upstream of sensitive water bodies;
7) Areas that drain to outfalls greater than 36 inches that directly discharge to
the ocean; and
8) Other areas that are likely to have illicit discharges
The priority area list shall be updated annually.
(d) Field sampling stations
(e) The permit boundary
Submerged outfalls or other outfalls that may pose a threat to public safety
and/or that are inaccessible are not required to be inventoried.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in this
program element see Section E.16.a.for compliance directions.
E.9.b. Illicit Discharge Source/Facility Inventory
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall maintain an inventory of all industrial/commercial facilities/sources
within the Permittee's jurisdiction (regardless of ownership) that could discharge
pollutants in storm water to the MS4. The Permittee shall utilize the inventory to
identify facilities for inspections of potential illicit discharges.
(ii) Implementation Level - The inventory shall include the following:
(a) Minimum information for each industrial facility/source:
Facility name;
Address;
Nature of business or activity;
Physical location (decimal latitude-longitude) of storm drain receiving
discharge;
Name of receiving water and if the facility/source is tributary to a Clean
Water Act Section 303(d) listed water body segment or water body
segment subject to a TMDL;
Incorporation of facility information into GIS is optional.
Phase II Small MS4 General Permit
2013-0001-DWQ 33 February 5, 2013
(b) At a minimum, the following industrial and commercial facilities/sources shall be
included in the inventory.
Vehicle salvage yards
Metal and other recycled materials collection facilities
Waste transfer facilities
Vehicle mechanical repair, maintenance or cleaning
Building trade central facilities or yards
Corporation yards
Landscape nurseries and greenhouses
Building material retailers and storage
Plastic manufacturers
Other facilities designated by the Permittees or Regional Water Boards to
have reasonable potential to contribute to pollution of storm water runoff
(c) The Permittee shall determine if the facilities that are required to be covered under
the Statewide Industrial General Permit have done so. Upon discovering any
facilities requiring permit coverage but are not yet permitted, the Permittee shall
notify the appropriate Regional Water Board, and include copies of the notification
in the online Annual Report.
(d) The Permittee shall update the inventory annually. The update shall be
accomplished through collection of new information obtained during inspections
and contacts with commercial and industrial facility operators and owners, or
through other readily available intra-agency informational databases (e.g.,
business licenses, pretreatment permits, sanitary sewer hook-up permits, and
SMARTS database.
(e) The Permittee shall develop and implement procedures to proactively identify illicit
discharges originating from priority areas identified in Section E.9.a.(ii).(c). The
Permittee shall implement the procedures to assess priority areas for the presence
of illicit discharges at least once over the length of the permit term. The
procedures shall include field observations, field screening, inspections, and any
other appropriate and effective survey methods. Alternatively, Permittees may
establish a self--certification program where Permittees require reports from
authorized parties demonstrating the prevention and elimination of illicit discharges
at their facilities in priority areas at least once over the length of the permit term.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in this
program element see Section E.16.a.for compliance directions.
E.9.c. Field Sampling to Detect Illicit Discharges
(i) Task Description – Within the second year of the effective date of the permit (e.g.
while conducting the outfall inventory under Section E.9.a.), the Permittee shall sample
Phase II Small MS4 General Permit
2013-0001-DWQ 34 February 5, 2013
any outfalls that are flowing or ponding more than 72 hours after the last rain event.
The Permittee shall also conduct dry weather sampling (more than 72 hours since the
last rain event) of outfalls annually identified as priority areas.
(ii) Implementation Level – The Permittee shall:
(a) Conduct monitoring17 for the following indicator parameters identified in Table 1 to
help determine the source of the discharge. Alternatively, the Permittee may select
parameters based on local knowledge of pollutants of concern in lieu of sampling
for the parameters listed in Table 1. Modifications and associated justifications
shall be identified within SMARTS prior to conducting field sampling as specified in
Section E.9.c.(i).
Table 1. Indicator Parameters
Indicator Parameters Used to Detect Illicit Discharges
Parameter Discharge Types It Can Detect
Sew age
Washwater
Tap
Water
Industrial or
Commercial
Liquid Wastes
Laborator y/Analytical Challenges
Ammonia Can change into other nitrogen forms
as the flow travels to the out fall
Color
Conductivity Inef fective in saline waters
Detergents –
Sur factants Reagent is a hazardous waste
Fluoride* Reagent is a hazardous waste
Exception for communities that do not
fluoridate their tap water
Hardness
pH
Potassium May need to use t wo separate
analytical techniques, depending on
the concentration
Turbidity
Can almost always (>80% of samples) distinguish this discharge from clean flow types (e.g., tap water or natural water). For
tap water, c an distinguish from natural water.
Can sometimes (>50% of samples) distinguish this discharge from clean flow types depending on regional characteristics,
or can be helpful in com bination with another parameter
Poor indic ator. Cannot reliably detect illicit discharges, or c annot detect tap water
N/A: Data are not available to assess the utility of this parameter for this purpose.
Data sourc es: Pit t (
*Fluoride is a poor indic ator when used as a single parameter, but when combined with additional parameters (such as
detergents, ammonia and potassium), it can almost always distinguish bet ween sewage and wash water.
17 A description of indicator parameter sampling equipment is described in Chapter 12: Indicator
Monitoring in the CWP IDDE: Guidance Manual found at:
http://www.epa.gov/npdes/pubs/idde_manualwithappendices.pdf. Sampling may be conducted using field
test kits.
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2013-0001-DWQ 35 February 5, 2013
(b) Verify that indicator parameters, as specified in Table 2. Action Level
Concentrations for Indicator Parameters are not exceeded. Alternatively, the
Permittee may tailor Table 2 to align with parameters based on local knowledge of
pollutants of concern. Modifications and associated justifications shall be identified
within SMARTS prior to conducting field sampling as specified in Section E.9.c.(i).
Table 2. Action Level Concentrations for Indicator Parameters
Indicator
Parameter
Action Level Concentration
Ammonia >= 50 mg/L
Color >= 500 units
Conductivity >= 2,000 μS/cm
Hardness <= 10 mg/L as CaCO3 or >= 2,000 mg/L as
CaCO3
pH <= 5 or >=9
Potassium >= 20 mg/L
Turbidity >= 1,000 NTU
(c) Conduct follow up investigations per Section E.9.d. if the action level
concentrations are exceeded.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.9.d. Illicit Discharge Detection and Elimination Source Investigations and
Corrective Actions
(i) Task Description – Within the second year of the effective date of the permit,
the Permittee shall develop written procedures for conducting investigations
into the source of all non-storm water discharges suspected to be illicit
discharges, including approaches to requiring such discharges to be
eliminated, and procedures to implement corrective actions (e.g., BMPs).
These procedures shall be included as part of the Illicit Discharge Detection
and Elimination program. The Permittee may leverage existing inspection
procedures and personnel to conduct illicit discharge detection and elimination
source investigations and corrective actions.
(ii) Implementation Level - At a minimum, the Permittee shall conduct an
investigation(s) to identify and locate the source of any suspected illicit
discharge within 72 hours of becoming aware of the suspected illicit discharge.
For investigations that require more than 72 hours, the Permittee shall identify
the actions being taken to identify and locate the source of the suspected illicit
discharge.
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2013-0001-DWQ 36 February 5, 2013
(a) Non-storm water discharges suspected of being sanitary sewage and/or
significantly contaminated shall be investigated within 24 hours.
(b) The Permittee shall prioritize investigations of suspected sanitary sewage and/or
significantly contaminated discharges over investigations of non-storm water
discharges suspected of being cooling water, wash water, or natural flows.
(c) Report immediately the occurrence of any flows believed to be an immediate
threat to human health or the environment to local Health Department.
(d) Determine and document through its investigations the source of all non-storm
water discharges. If the source of the non-storm water discharge is found to be
a discharge authorized under this General Permit, or authorized under another
NPDES permit, no further action is required.
(e) Corrective Action to Eliminate Illicit Discharge – Once the source of the
illicit discharge has been determined, the Permittee shall immediately
notify the responsible party of the problem, and require the responsible
party to conduct all necessary corrective actions to eliminate the non-
storm water discharge within 72 hours of notification. Upon being notified
that the discharge has been eliminated, conduct a follow-up investigation
and field screening to verify that the discharge has been eliminated using
BMPs or some other corrective action. The Permittee shall document its
follow-up investigation. The Permittee may seek recovery and
remediation costs from responsible parties or require compensation for
the cost of field screening and investigations. Resulting enforcement
actions shall follow the program’s Enforcement Response Plan as
specified in E.6.c.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.9.e. Spill Response Plan
(i) Task Description – Within the first year of the effective date of the permit, the
Permittee shall develop and implement a spill response plan.
(ii) Implementation Level - At a minimum, the spill response plan will incorporate the
information from Section E.9.c. and outline the following:
(a) Agency roles and responsibilities (e.g. County Department of Environmental
Health, local police department, local fire department, etc.)
(b) The procedures for responding to complaints
(c) How investigations are to be conducted
(d) How clean up is initiated or conducted
(e) How reporting is completed and what information is required
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
Phase II Small MS4 General Permit
2013-0001-DWQ 37 February 5, 2013
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.10. CONSTRUCTION SITE STORM WATER RUNOFF CONTROL PROGRAM
The Permittee shall develop, implement, and enforce a program to prevent construction site
discharges of pollutants and impacts on beneficial uses of receiving waters. The program shall
include the development of an enforceable construction site storm water runoff control
ordinance for all projects that disturb less than one acre of soil. The construction site storm
water runoff control ordinance shall include, at a minimum, requirements for erosion and
sediment controls, soil stabilization, dewatering, source controls, pollution prevention measures
and prohibited discharges.
Projects that disturb one acre or more of soil or disturb less than one acre but are part of a
larger common plan or development or sale are subject to the CGP in addition to the
construction site storm water runoff control ordinance.
E.10.a. Construction Site Inventory
(i) Task Description - Within the first year of the effective date of the permit, the
Permittee shall maintain an inventory of all projects subject to the local construction
site storm water runoff control ordinance within its jurisdiction.
(ii) Implementation Level –The Permittee shall maintain an inventory of all construction
projects and continuously update as new projects are permitted and projects are
completed. The inventory shall address all projects subject to the local construction
site storm water runoff control ordinance. For projects subject to the CGP the
Permittee may obtain the inventory from the SMARTS database and shall supplement
as needed by the Permittee.
The inventory shall contain, at a minimum:
(a) Relevant contact information for each project (e.g., name, address, phone, email,
etc. for the owner and contractor);
(b) The basic site information including location, status, size of the project and area of
disturbance;
(c) The location of the project with respect to all waterbodies, waterbodies listed as
impaired by sediment-related pollutants, and waterbodies listed as impaired for
sediment or turbidity under the CWA Section 303(d) and approved by U.S. EPA;
(d) Project threat to water quality;
(e) Current construction phase;
(f) The required inspection frequency per the local construction site storm water
runoff control ordinance;
(g) The project start and anticipated completion dates; and
(h) The date the Permittee approved the erosion and sediment control plan in
accordance with this Section.
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2013-0001-DWQ 38 February 5, 2013
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.10.b. Construction Plan Review and Approval Procedures
(i) Task Description – Within the first year of the effective date of the permit, the
Permittee shall develop procedures to review and approve relevant
construction plan documents.
(ii) Implementation Level – The review procedures shall meet the following
minimum requirements:
(a) Prior to issuing a grading or building permit, the Permittee shall require each
operator of a construction activity within its jurisdiction to prepare and submit
an erosion and sediment control plan for the Permittee’s review and written
approval. The Permittee shall not approve any erosion and sediment control
plan unless it contains appropriate site-specific construction site BMPs that
meet the minimum requirements of the Permittee’s construction site storm
water runoff control ordinance. If the erosion and sediment control plan is
revised, the Permittee shall review and approve those revisions.
(b) Require that the erosion and sediment control plan include the rationale used
for selecting BMPs including supporting soil loss calculations, if necessary.
(c) Require that the erosion and sediment control plan list applicable permits
directly associated with the grading activity, including, but not limited to the
State Water Board’s CGP, State Water Board 401 Water Quality Certification,
U.S. Army Corps 404 permit, and California Department of Fish and Game
1600 Agreement. Include as a condition of the grading permit that the operator
submit evidence to the MS4 that all permits directly associated with the grading
activity have been obtained prior to commencing the soil disturbing activities
authorized by the grading permit.
(d) Conduct and document review of each erosion and sediment control plan using
a checklist or similar process.
(e) The SWPPP developed pursuant to the CGP may substitute for the erosion and
sediment control plan for projects where a SWPPP is developed. The
Permittee is responsible for reviewing applicable portions of the SWPPP for
compliance with the Permittee’s construction site storm water runoff control
ordinance and this Order.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
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E.10.c. Construction Site Inspection and Enforcement
(i) Task Description – Within the second year of the effective date of the permit,
the Permittee shall use legal authority to implement procedures for inspecting
public and private construction projects and conduct enforcement if necessary.
The Permittee may leverage existing inspection procedures and personnel to
conduct construction site inspections and enforcement.
(ii) Implementation Level – The inspection procedures shall be implemented to
verify compliance with the Permittee’s construction site storm water control
ordinance. At a minimum, inspections must be conducted at priority
construction sites (defined below) prior to land disturbance (during the rainy
season), during active construction and following active construction.
Construction site inspections shall include assessment of compliance with the
Permittee's construction site storm water runoff control ordinance, and other
applicable ordinances. A Permittee may propose, for Regional Water Board
Executive Officer approval, an alternative approach for construction site
oversight, provided the Permittee demonstrates the approach will be equally
effective at reducing the discharge of pollutants from construction sites to the
maximum extent practicable.
Prior to allowing an operator to commence land disturbance during the rainy
season, the Permittee must perform an inspection, to ensure all necessary
sediment controls are in place. During active construction, the Permittee shall
conduct inspections, based on prioritization of construction sites. Active
construction inspections shall include at a minimum: inspection of maintenance
of BMPs, effectiveness of BMPs installed and verification that pollutants of
concern are not discharged into receiving water bodies.
Prioritization criteria shall be based on project threat to water quality. Project
threat to water quality includes soil erosion potential, site slope, projects size
and type, sensitivity of receiving water bodies, proximity to receiving water
bodies, non-storm water discharges, projects more than one acre that are not
subject to the CGP (sites that have obtained an Erosivity Waiver) and past
record of non-compliance by the operator of the construction site. Inspection
frequencies shall be conducted based on the prioritization criteria described
above.
At the conclusion of the project, the Permittee must inspect to ensure that all
disturbed areas have been stabilized and that all temporary erosion and
sediment control measures that are no longer needed have been removed as
required by the local construction site storm water control ordinance.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
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2013-0001-DWQ 40 February 5, 2013
E.11. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR PERMITTEE OPERATIONS
PROGRAM
The Permittee shall develop and implement a program to prevent or reduce the amount of
pollutant runoff from Permittee operations. The Permittee shall implement appropriate
BMPs for preventing or reducing the amount of storm water pollution generated by
Permittee operations.
E.11.a. Inventory of Permittee-Owned and Operated Facilities
(i) Task Description - Within the second year of the effective date of the permit, the
Permittee shall develop and maintain an inventory of Permittee-owned or operated
facilities within their jurisdiction that are a threat to water quality, if applicable.
(ii) Implementation Level - The inventory shall include all Permittee-owned or operated
facilities within their jurisdiction that are potential significant sources of pollution in
storm water, including the following if applicable:
Airports
Animal control facilities
Chemical storage facilities
Composting facilities
Equipment storage and maintenance facilities (including landscape-related
operations)
Fuel farms
Hazardous waste disposal facilities
Hazardous waste handling and transfer facilities
Incinerators
Landfills
Materials storage yards
Pesticide storage facilities
Public buildings, including schools, libraries, police stations, fire stations,
Permittee (municipal) buildings, restrooms, and similar buildings (i.e.,
buildings with a similar potential to be sources of storm water pollution as
the examples provided)
Public parking lots
Public golf courses
Public swimming pools
Public parks
Public works yards
Public marinas
Recycling facilities
Salt or de-icing storage facilities
Solid waste handling and transfer facilities
Transportation hubs (e.g. bus transfer stations)
Vehicle storage and maintenance areas
Vehicle fueling facilities
Other (as directed by appropriate Regional Water Board)
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(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.11.b. Map of Permittee-Owned or Operated Facilities
(i) Task Description – Within the second year of the effective date of the permit, submit
a map of the area within the permit boundary and identify where the inventoried
Permittee-owned or operated facilities are located.
(ii) Implementation Level - The map identifying the location of the inventoried Permittee-
owned or operated facilities shall identify the storm water drainage system (e.g.,
storm water outfalls or other mechanisms in which storm water leaves the site)
corresponding to each of the facilities as well as the receiving waters to which these
facilities discharge. The map shall also show the facility and the manager of each
facility, including contact information.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.11.c. Facility Assessment
(i) Task Description – Within the third year of the effective date of the permit, for all the
inventoried Permittee-owned or operated facilities, the Permittee shall conduct a
comprehensive inspection and assessment of pollutant discharge potential and
identification of pollutant hotspots using the Center for Watershed Protection’s (CWP)
guide on Urban Subwatershed and Site Reconnaissance, or equivalent.18
(ii) Implementation Levels - Conduct an annual review and assessment of all
municipally owned or operated facilities to determine their potential to impact surface
waters. The assessment shall include the following:
(a) Identification of pollutant hotspots:
Based on the annual assessment, the Permittee shall identify those
facilities that have a high potential to generate storm water and non-
storm water pollutants as pollutant hotspots and assign them a high
priority. Among the factors to be considered are the type and volume of
pollutants stored at the site, the presence of improperly stored materials,
18 The Permittee shall use the Center for Watershed Protection’s Restoration Manual Series guide on Urban Subwatershed and Site
Reconnaissance: a User’s Manual (available as a free download at www.cwp.org) or equivalent when identifying priority areas.
Hotspots are specific operations in a subwatershed that may generate high storm water pollution.
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activities that should not be performed outside (e.g., changing automotive
fluids, vehicle washing), proximity to water bodies, poor housekeeping
practices, and the discharge of pollutant(s) of concern to receiving
water(s). Pollutant hotspots shall include, at a minimum, the Permittee’s
maintenance yards, hazardous waste facilities, fuel storage and/or
dispensing locations, airports marinas, and any other facilities at which
chemicals or other materials have a high potential to be discharged in
storm water.
(b) Documentation of the comprehensive assessment procedures and
results:
The Permittee shall document the procedures it uses for conducting the
comprehensive assessment along with a copy of any site evaluation
checklists used to conduct the comprehensive assessment.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.11.d. Storm Water Pollution Prevention Plans
(i) Task Description – Within the fourth year of the effective date of the permit, the
Permittee shall develop and implement SWPPPs for pollutant hotspots. If a Permittee
has an existing document such as Hazardous Materials Business Plan, Spill
Prevention Plan, or other equivalent document the Permittee is not required to
develop a SWPPP.
(ii) Implementation Level – The Permittee shall implement the following:
(a) The Permittee shall develop and implement a site-specific SWPPP that
identifies existing storm water BMPs and a set of storm water BMPs to be
installed, implemented, and maintained to minimize the discharge of pollutants
to protect water quality. The Permittee may utilize the CWP guide on Urban
Subwatershed and Site Reconnaissance, or equivalent, as guidance.
(b) The SWPPP(s) shall be kept on-site at each of the Permittee-owned or
operated facilities’ offices for which it was completed. The SWPPP shall be
updated as necessary.
(c) At a minimum the SWPPP will address the following:
1) Facility specific information (location, owner, address, etc.)
2) Purpose of the document
3) Key staff/contacts at the facility
4) Site map with drainage identified
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5) Identification of significant materials that are handled and stored at the
facility that may be exposed to storm water
6) Description of potential pollutant sources
7) Facility BMPs
8) Spill control and cleanup – response to spills
9) Inspection schedule
10) Inspection procedures and checklist for inspections conducted to ensure
proper selection, implementation, and maintenance of all BMPs
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.11.e. Inspections, Visual Monitoring and Remedial Action
(i) Task Description – Within the fifth year of the effective date of the Permit, the
Permittee shall conduct regular inspections of Permittee-owned and operated
facilities.
(ii) Implementation Level – Inspections shall be conducted as follows:
(a) Quarterly visual hotspot inspections – Perform quarterly visual inspections, in
accordance with the inspection procedures and inspection checklist developed
for each Permittee-owned or operated hotspot, to ensure materials and
equipment are clean and orderly; to minimize the potential for pollutant
discharge; and to ensure effective selection, implementation, and maintenance
of BMPs. The Permittee shall look for evidence of spills and immediately clean
them up to prevent contact with precipitation or runoff. The quarterly
inspections shall be tracked in a log for every facility, and records kept with the
SWPPP (records may be kept electronically). The inspection report shall also
include any identified deficiencies and the corrective actions taken to correct
the deficiencies.
(b) Annual Hotspot comprehensive inspections – At least once per year, the
Permittee shall conduct a comprehensive inspection of each hotspot facility,
including all storm water BMPs, in accordance with the facility-specific
inspection procedures and inspection checklist. The Permittee shall pay
specific attention, without limiting its attention, to: waste storage areas,
dumpsters, vehicle and equipment maintenance/fueling areas, material
handling areas, and similar potential pollutant-generating areas. The annual
inspection results shall be documented and records kept with the SWPPP. The
inspection report shall also include any identified deficiencies and the
corrective actions taken to correct deficiencies.
(c) Quarterly Hotspot visual observation of storm water and non-storm water
discharges – At least once per quarter visually observe discharge locations
from hotspot facilities. Where discharges are observed identify any observed
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problems (e.g., color, foam, sheen, turbidity) associated with pollutant sources
or BMPs shall be remedied as soon as practicable or before the next storm
event, whichever is sooner. Visual observations shall be documented, and
records kept with the SWPPP. This inspection shall be done in accordance
with the developed standard operating procedures. The inspection report shall
also include any identified deficiencies and the corrective actions taken to
correct the deficiencies.
(d) Non-Hotspot Inspection – At a minimum, inspect each inventoried municipal
facility that is not a hotspot, once per permit term.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.11.f. Storm Drain System Assessment and Prioritization
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall develop and implement procedures to assess and prioritize MS4
storm drain system maintenance, including but not limited to, catch basins, pipe and
pump infrastructure, above-ground conveyances, including receiving water bodies
within the Permittee's urbanized area and detention basins.
If flood conveyance maintenance is undertaken by another entity, the Permittee shall
coordinate with the flood conveyance management entity by year three to assess
and prioritize maintenance of the MS4 storm drain system.
(ii) Implementation Level – The Permittee shall:
Assess/prioritize storm drain system facilities for cleanout – Assign a priority to MS4
storm drain facilities within the Permittee's urbanized areas based on accumulation
of sediment, trash and/or debris. In particular, assign high priority to catch basin
meeting any of the following criteria:
1) Catch basins known to accumulate a significant amount of sediment, trash,
and/or debris;
2) Catch basins collecting large volumes of runoff;
3) Catch basin collecting runoff from area that do not receive regular sweet
sweeping;
4) Catch basins collecting runoff from drainage areas with exposed or
disturbed soil; or
5) Catch basins that receive citizen complaints/reports.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
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and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section E.16.a.for compliance directions.
E.11.g. Maintenance of Storm Drain System
(i) Task Description – Within the third year of the effective date of the permit, the
Permittee shall begin maintenance of all high priority storm drain systems on an
ongoing schedule.
(ii) Implementation Level – The Permittee shall begin maintenance of storm drain
systems according to the procedures and priorities developed according to this
Section. At a minimum the Permittee shall:
(a) Inspect storm drain systems – Based on the priorities assigned above in
Section E.11.f.(ii)(a), develop and implement a strategy to inspect storm drain
systems within the Permittee's jurisdiction. At a minimum, inspect all high
priority catch basins and systems annually.
(b) Clean storm drains – Develop and implement a schedule to clean high priority
catch basins and other systems. Cleaning frequencies shall be based on
priority areas, with higher priority areas receiving more frequent maintenance.
(c) Labeling catch basins – Ensure that each catch basin in high foot traffic areas
includes a legible storm water awareness message (e.g., a label, stencil,
marker, or pre-cast message such as “drains to the creek” or “only rain in the
drain”). Catch basins with illegible or missing labels shall be recorded and re-
labeled within one month of inspection.
(d) Maintain surface drainage structures – High priority facilities, such as those with
recurrent illegal dumping, shall be reviewed and maintained annually as
needed. Non-priority facilities shall be reviewed as needed. Removal of trash
and debris from high priority areas shall occur annually prior to the rainy
season.
(e) Dispose of waste materials – Develop and implement a procedure to dewater
and dispose of materials extracted from catch basins. This procedure shall
ensure that water removed during the catch basin cleaning process and waste
material will not reenter the MS4.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section E.16.a.for compliance directions.
E.11.h. Permittee Operations and Maintenance Activities (O&M)
(i) Task Description – Within the third year of the effective date of the permit,
the Permittee shall assess their O&M activities for potential to discharge
pollutants in storm water and inspect all O&M BMPs on a quarterly basis.
(ii) Implementation Level - The Permittee shall:
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(a) Develop and implement a program to assess O&M activities and
subsequently develop applicable BMPs. The following Permittee O&M
activities shall be included in the assessment for their potential to
discharge pollutants in storm water:
1) Road and parking lot maintenance, including sidewalk repair, curb and
gutter repair, pothole repair, pavement marking, sealing, and re-paving
2) Bridge maintenance, including re-chipping, grinding, saw cutting, and
painting
3) Cold weather operations, including plowing, sanding, and application of
deicing compounds and maintenance of snow disposal areas
4) Right-of-way maintenance, including mowing, herbicide and pesticide
application, and planting vegetation
5) Storm water relevant Permittee-sponsored or sanctioned events such as
large outdoor festivals, parades, or street fairs (eg. Earth Day, Coastal
Cleanup Day, Creek Week)
6) Green waste deposited in the street
7) Graffiti removal
8) Hydrant flushing
(b) Identify all materials that could be discharged from each of these O&M
activities, and which materials contain pollutants. Typical pollutants associated
with these activities include metals, chlorides, hydrocarbons (e.g. benzene,
toluene, ethylbenzene, and xylene), sediment, green waste, herbicide,
pesticide, dried paint, and trash.
(c) Develop and implement a set of BMPs that, when applied during Permittee
O&M activities, will reduce pollutants in storm water and non-storm water
discharges. The Permittee shall use the CASQA Municipal Handbook or
equivalent.
(d) Evaluate BMPs – All BMPs implemented during O&M activities shall be
evaluated quarterly.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section E.16.a.for compliance directions.
E.11.i. Incorporation of Water Quality and Habitat Enhancement Features in New
Flood Management Facilities
(i) Task Description – Within the third year of the effective date of the permit, the
Permittee shall develop and implement a process for incorporating water quality and
habitat enhancement features into new and rehabilitated flood management
facilities.
(ii) Implementation Level – The Permittee shall develop and implement a process to
incorporate water quality and habitat enhancement features in the design of all new
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and rehabilitated flood management projects that are associated with the MS4 or
that discharge to the MS4.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section E.16.a.for compliance directions.
E.11.j. Landscape Design and Maintenance
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall implement a landscape design and maintenance program to reduce
the amount of water, pesticides, herbicides and fertilizers used during Permittee
operations and activities19.
(ii) Implementation Tasks – At a minimum, the Permittee shall:
(a) Evaluate pesticides, herbicides and fertilizers used and application activities
performed and identify pollution prevention and source control opportunities.
(b) Implement practices that reduce the discharge of pesticides, herbicides and
fertilizers. At a minimum the Permittee shall:
1) Implement educational activities for municipal applicators and distributors.
2) Implement landscape management measures that rely on non-chemical
solutions, including:
a) Create drought-resistant soils by amending soils with compost;
b) Create soil microbial community through the use of compost, compost
tea, or inoculation;
c) Use native and/or climate appropriate plants to reduce the amount of
water, pesticides, herbicides and fertilizers used;
d) Practice grasscycling on decorative turf landscapes to reduce water use
and the need for fertilizers;
e) Keeping grass clippings and leaves away from waterways and out of the
street using mulching, composting, or landfilling;
f) Preventing application of pesticides, herbicides and fertilizers during
irrigation or within 48 hours of predicted rainfall with greater than 50%
probability as predicted by National Oceanic and Atmospheric
Administration (NOAA)20;
g) Limiting or replacing herbicide and pesticide use (e.g., conducting manual
weed and insect removal);
h) Prohibiting application of pesticides, herbicides and fertilizers as required
by the regulations DPR 11-004 Prevention of Surface Water
Contamination by Pesticides enacted by the Department of Pesticide
Regulation;
19 Water Efficient Landscape Ordinance can be found at:
http://www.water.ca.gov/wateruseefficiency/docs/MWELO09-10-09.pdf
20 www.srh.noaa.gov/forecast
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i) Reducing mowing of grass to allow for greater pollutant removal, but not
jeopardizing public safety.
3) Collect and properly dispose of unused pesticides, herbicides, and
fertilizers.
4) Minimize irrigation run-off by using an evapotranspiration-based irrigation
schedule and rain sensors.
(c) Record the types and amounts of pesticides, herbicides and fertilizers used in
the permit area.
(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Prog ram Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section E.16.a.for compliance directions.
E.12. POST CONSTRUCTION STORM WATER MANAGEMENT PROGRAM
E.12.a. Post-Construction Measures
Permittees shall regulate development to comply with the following Sections:
E.12.b Site Design Measures
E.12.c. Regulated Projects
E.12.d. Source Control Measures
E.12.e. Low Impact Development (LID) Design Standards
E.12.f. Hydromodification Measures
E.12.g. Enforceable Mechanisms
E.12.h. Operation and Maintenance of Storm Water Control Measures
E.12.i. Post-Construction Best Management Practice Condition Assessment
E.12.j. Planning and Development Review Process
E.12.k. Post-Construction Storm Water Management Requirements Based on
Assessment and Maintenance of Watershed Processes
E.12.l. Alternative Post-Construction Storm Water Management Program
E.12.b. Site Design Measures
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall require implementation of site design measures for all projects that
create and/or replace (including projects with no net increase in impervious
footprint) between 2,500 square feet and 5,000 square feet of impervious surface,
including detached single family homes that create and/or replace 2,500 square
feet or more of impervious surface and are not part of a larger plan of
development. Site design measures as specified in this section are not applicable
to linear underground/overhead projects (LUPs).
(ii) Implementation Level - Projects shall implement one or more of the following site
design measures to reduce project site runoff:
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(a) Stream Setbacks and Buffers - a vegetated area including trees, shrubs, and
herbaceous vegetation, that exists or is established to protect a stream system,
lake reservoir, or coastal estuarine area;
(b) Soil Quality Improvement and Maintenance - improvement and maintenance
soil through soil amendments and creation of microbial community;
(c) Tree Planting and Preservation - planting and preservation of healthy,
established trees that include both evergreens and deciduous, as applicable;
(d) Rooftop and Impervious Area Disconnection - rerouting of rooftop drainage
pipes to drain rainwater to rain barrels, cisterns, or permeable areas instead of
the storm sewer;
(e) Porous Pavement - pavement that allows runoff to pass through it, thereby
reducing the runoff from a site and surrounding areas and filtering pollutants;
(f) Green Roofs - a vegetative layer grown on a roof (rooftop garden);
(g) Vegetated Swales - a vegetated, open-channel management practice designed
specifically to treat and attenuate storm water runoff;
(h) Rain Barrels and Cisterns - system that collects and stores storm water runoff
from a roof or other impervious surface.
Project proponents shall use the State Water Board SMARTS Post-Construction
Calculator21, or equivalent to quantify the runoff reduction resulting from
implementation of site design measures.
(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section E.16.a.for compliance directions.
E.12.c. Regulated Projects
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall implement standards to effectively reduce runoff and pollutants
associated with runoff from Regulated Projects as defined below.
(ii) Implementation Level - The Permittee shall regulate all projects that create
and/or replace 5,000 square feet or more of impervious surface (Regulated
Projects). The Permittee shall require these Regulated Projects to implement
measures for site design, source control, runoff reduction, storm water treatment
and baseline hydromodification management as defined in this Order.
Regulated Projects do not include:
Detached single family home projects that are not part of a larger plan of
development;
Interior remodels;
21 The State Water Board SMARTS Post-Construction Calculator can be found at:
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp
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Routine maintenance or repair such as: exterior wall surface replacement,
pavement resurfacing within the existing footprint.
LUPs - Unless the LUP has a discrete location that has 5,000 square feet or
more of newly constructed contiguous impervious surface. When the LUP
has a discrete location that has 5,000 sq-ft or more of new contiguous
impervious surface, only that specific discrete location is subject to Section
E.12.c.
Regulated Projects include development projects. Development includes new
and redevelopment projects on public or private land that fall under the planning
and permitting authority of a Permittee. Redevelopment is any land-disturbing
activity that results in the creation, addition, or replacement of exterior impervious
surface area on a site on which some past development has occurred.
Redevelopment does not include trenching, excavation and resurfacing
associated with LUPs; pavement grinding and resurfacing of existing roadways;
construction of new sidewalks, pedestrian ramps, or bike lanes on existing
roadways; or routine replacement of damaged pavement such as pothole repair or
replacement of short, non-contiguous sections of roadway. The following (a-c)
describe specific Regulated Project requirements for redevelopment, road projects
and LUPs:
(a) Where a redevelopment project results in an increase of more than
50 percent of the impervious surface of a previously existing development,
runoff from the entire project, consisting of all existing, new, and/or replaced
impervious surfaces, must be included to the extent feasible.
(b) Where a redevelopment project results in an increase of less than 50 percent
of the impervious surface of a previously existing development, only runoff
from the new and/or replaced impervious surface of the project must be
included.
(c) Road Projects and LUPs - Any of the following types of road projects and
LUPs that create 5,000 square feet or more of newly constructed contiguous
impervious surface and that are public road projects and/or fall under the
building and planning authority of a Permittee shall comply with Section
E.12.e. Low Impact Development Standards except that treatment of runoff
of the 85th percentile that cannot be infiltrated onsite shall follow U.S. EPA
guidance regarding green infrastructure to the extent feasible. Types of
projects include:
1) Construction of new streets or roads, including sidewalks and bicycle
lanes built as part of the new streets or roads.
2) Widening of existing streets or roads with additional traffic lanes.
a) Where the addition of traffic lanes results in an alteration of more than
50 percent of the impervious surface of an existing street or road,
runoff from the entire project, consisting of all existing, new, and/or
replaced impervious surfaces, must be included in the treatment
system design.
b) Where the addition of traffic lanes results in an alteration of less than
50 percent (but 5,000 square feet or more) of the impervious surface
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of an existing street or road, only the runoff from new and/or replaced
impervious surface of the project must be included in the treatment
system design.
3) Construction of linear underground/overhead projects (LUPs)
4) Specific exclusions are:
a) Sidewalks built as part of new streets or roads and built to direct storm
water runoff to adjacent vegetated areas.
b) Bicycle lanes that are built as part of new streets or roads that direct
storm water runoff to adjacent vegetated areas.
c) Impervious trails built to direct storm water runoff to adjacent
vegetated areas, or other non-erodible permeable areas, preferably
away from creeks or towards the outboard side of levees.
d) Sidewalks, bicycle lanes, or trails constructed with permeable
surfaces.
e) Trenching, excavation and resurfacing associated with LUPs;
pavement grinding and resurfacing of existing roadways and parking
lots; construction of new sidewalks, pedestrian ramps, or bike lanes
on existing roadways; or routine replacement of damaged pavement
such as pothole repair or replacement of short, non-contiguous
sections of roadway.
Effective Date for Applicability of Low Impact Development Runoff Standards to
Regulated Projects: By the second year of the effective date of the permit, the
Permittee shall require these Post-Construction Standards be applied on
applicable new and redevelopment Regulated Projects, both private development
requiring municipal permits and public projects, to the extent allowable by
applicable law. These include discretionary permit projects that have not been
deemed complete for processing and discretionary permit projects without vesting
tentative maps that have not requested and received an extension of previously
granted approvals. Discretionary projects that have been deemed complete prior
to the second year of the effective date of this Order are not subject to the Post-
Construction Standards herein. For the Permittee's Regulated Projects, the
effective date shall be the date their governing body or designee approves
initiation of the project design.
Permittee’s Development Projects - The Permittee shall develop and implement
an equivalent approach, to the approach used for private development projects, to
apply the most current version of the low impact development runoff standards to
applicable public development projects, to the extent allowable by applicable law.
E.12.d. Source Control Measures
(i) Task Description – Regulated Projects with pollutant-generating activities and
sources shall be required to implement standard permanent and/or operation
source control measures as applicable.
(ii) Implementation Level - Measures for the following pollutant generating activities
and sources shall be designed consistent with recommendations from the CASQA
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Stormwater BMP Handbook for New Development and Redevelopment or
equivalent manual, and include:
(a) Accidental spills or leaks
(b) Interior floor drains
(c) Parking/storage areas and maintenance
(d) Indoor and structural pest control
(e) Landscape/outdoor pesticide use
(f) Pools, spas, ponds, decorative fountains, and other water features
(g) Restaurants, grocery stores, and other food service operations
(h) Refuse areas
(i) Industrial processes
(j) Outdoor storage of equipment or materials
(k) Vehicle and equipment cleaning
(l) Vehicle and equipment repair and maintenance
(m) Fuel dispensing areas
(n) Loading docks
(o) Fire sprinkler test water
(p) Drain or wash water from boiler drain lines, condensate drain lines, rooftop
equipment, drainage sumps, and other sources
(q) Unauthorized non-storm water discharges
(r) Building and grounds maintenance
E.12.e. Low Impact Development (LID) Design Standards
(i) Task Description – The Permittee shall require all Regulated Projects to
implement low impact development (LID) standards designed to reduce runoff,
treat storm water, and provide baseline hydromodification management to the
extent feasible, to meet the Numeric Sizing Criteria for Storm Water Retention and
Treatment under Section E.12.e(ii)(c).
(ii) Implementation Level – The Permittee shall adopt and implement requirements
and standards to ensure design and construction of development projects achieve
the following LID Design Standards.
(a) Site Assessment
At the earliest planning stages, the Permittee shall require Regulated
Projects to assess and evaluate how site conditions, such as soils,
vegetation, and flow paths, will influence the placement of buildings and
paved surfaces. The evaluation will be used to meet the goals of capturing
and treating runoff and assuring these goals are incorporated into the project
design. The Permittee may adopt or reference an existing LID site
assessment methodology22Permittees shall require Regulated Projects to
consider optimizing the site layout through the following methods:
1) Define the development envelope and protected areas, identifying areas
that are most suitable for development and areas to be left undisturbed.
22 Low Impact Development Manual for Southern California (Low Impact Development Center – See
CASQA’s LID website at: http://www.casqa.org/LID/tabid/240/Default.aspx.
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2) Concentrate development on portions of the site with less permeable soils
and preserve areas that can promote infiltration.
3) Limit overall impervious coverage of the site with paving and roofs.
4) Set back development from creeks, wetlands, and riparian habitats.
5) Preserve significant trees.
6) Conform the site layout along natural landforms.
7) Avoid excessive grading and disturbance of vegetation and soils.
8) Replicate the site's natural drainage patterns.
9) Detain and retain runoff throughout the site.
(b) Drainage Management Areas
The Permittee shall require each Regulated Project to provide a map or
diagram dividing the developed portions of the project site into discrete
Drainage Management Areas (DMAs), and to manage runoff from each DMA
using Site Design Measures, Source Controls and/or Storm Water Treatment
and Baseline Hydromodification Measures.
(c) Numeric Sizing Criteria for Storm Water Retention and Treatment
The Permittees shall require facilities designed to evapotranspire, infiltrate,
harvest/use, and biotreat storm water to meet at least one of the following
hydraulic sizing design criteria:
1) Volumetric Criteria:
a) The maximized capture storm water volume for the tributary area, on
the basis of historical rainfall records, determined using the formula
and volume capture coefficients in Urban Runoff Quality
Management, WEF Manual of Practice No. 23/ASCE Manual of
Practice No. 87 (1998) pages 175-178 (that is, approximately the
85th percentile 24-hour storm runoff event); or
b) The volume of annual runoff required to achieve 80 percent or more
capture, determined in accordance with the methodology in Section 5
of the CASQA’s Stormwater Best Management Practice Handbook,
New Development and Redevelopment (2003), using local rainfall
data.
2) Flow-based Criteria:
a) The flow of runoff produced from a rain event equal to at least
0.2 inches per hour intensity; or
b) The flow of runoff produced from a rain event equal to at least 2 times
the 85th percentile hourly rainfall intensity as determined from local
rainfall records.
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(d) Site Design Measures
The Permittee shall implement Site Design Measures (as defined in Section
E.12.b. Site Design Measures and Section E.12.e(ii)(a) Site Assessment),
site layout and design measures, based on the objective of achieving
infiltration, evapotranspiration and/or harvesting/reuse of the 85th percentile
24-hour storm runoff event. Site design measures shall be used to reduce
the amount of runoff, to the extent technically feasible, for which retention and
runoff is required . Any remaining runoff from impervious DMAs may then be
directed to one or more bioretention facilities as specified in Section
E.12.e.(ii)(f), below.
(e) Source Controls
The Permittee shall implement Source Controls as defined in Section E.12.d.
Source Control Measures.
(f) Storm Water Treatment Measures and Baseline Hydromodification
Management Measures
After implementation of Site Design Measures, remaining runoff from
impervious DMAs must be directed to one or more facilities designed to
infiltrate, evapotranspire, and/or bioretain the amount of runoff specified in
Section E.12.e(ii)(c) Numeric Sizing Criteria for Storm Water Retention and
Treatment. The facilities must be demonstrated to be at least as effective as
a bioretention system with the following design parameters:
1) Maximum surface loading rate of 5 inches per hour, based on the flow
rates calculated. A sizing factor of 4% of tributary impervious area may
be used.
2) Minimum surface reservoir volume equal to surface area times a depth of
6 inches.
3) Minimum planting medium depth of 18 inches. The planting medium
must sustain a minimum infiltration rate of 5 inches per hour throughout
the life of the project and must maximize runoff retention and pollutant
removal. A mixture of sand (60%-70%) meeting the specifications of
American Society for Testing and Materials (ASTM) C33 and compost
(30%-40%) may be used.
4) Subsurface drainage/storage (gravel) layer with an area equal to the
surface area and having a minimum depth of 12 inches.
5) Underdrain with discharge elevation at top of gravel layer.
6) No compaction of soils beneath the facility, or ripping/loosening of soils if
compacted.
7) No liners or other barriers interfering with infiltration.
8) Appropriate plant palette for the specified soil mix and maximum available
water use.
(g) Alternative Designs — Facilities, or a combination of facilities, of a different
design than in Section E.12.e.(ii)(f) may be permitted if all of the following
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measures of equivalent effectiveness are demonstrated:
1) Equal or greater amount of runoff infiltrated or evapotranspired;
2) Equal or lower pollutant concentrations in runoff that is discharged after
biotreatment;
3) Equal or greater protection against shock loadings and spills;
4) Equal or greater accessibility and ease of inspection and maintenance.
(h) Allowed Variations for Special Site Conditions - The bioretention system
design parameters in Section E.12.e.(ii)(f) may be adjusted for the following
special site conditions:
1) Facilities located within 10 feet of structures or other potential
geotechnical hazards established by the geotechnical expert for the
project may incorporate an impervious cutoff wall between the
bioretention facility and the structure or other geotechnical hazard.
2) Facilities with documented high concentrations of pollutants in underlying
soil or groundwater, facilities located where infiltration could contribute to
a geotechnical hazard, and facilities located on elevated plazas or other
structures may incorporate an impervious liner and may locate the
underdrain discharge at the bottom of the subsurface drainage/storage
layer (this configuration is commonly known as a “flow-through planter”).
3) Facilities located in areas of high groundwater, highly infiltrative soils or
where connection of underdrain to a surface drain or to a subsurface
storm drain are infeasible, may omit the underdrain.
4) Facilities serving high-risk areas such as fueling stations, truck stops,
auto repairs, and heavy industrial sites may be required to provide
additional treatment to address pollutants of concern unless these high-
risk areas are isolated from storm water runoff or bioretention areas with
little chance of spill migration.
(i) Exceptions to Requirements for Bioretention Facilities - Contingent on a
demonstration that use of bioretention or a facility of equivalent effectiveness
is infeasible, other types of biotreatment or media filters (such as tree-box-
type biofilters or in-vault media filters) may be used for the following
categories of Regulated Projects:
1) Projects creating or replacing an acre or less of impervious area, and
located in a designated pedestrian-oriented commercial district (i.e.,
smart growth projects), and having at least 85% of the entire project site
covered by permanent structures;
2) Facilities receiving runoff solely from existing (pre-project) impervious
areas;and
3) Historic sites, structures or landscapes that cannot alter their original
configuration in order to maintain their historic integrity.
By the second year of the effective date of the permit, each Permittee shall
adopt or reference appropriate performance criteria for such biotreatment and
media filters.
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(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section E.16.a.for compliance directions.
E.12.f. Hydromodification Management
(i) Task Description – Within the third year of the effective date of the permit, the
Permittee shall develop and implement Hydromodification Management
procedures. Hydromodification management projects are Regulated Projects that
create and/or replace one acre or more of impervious surface. A project that does
not increase impervious surface area over the pre-project condition is not a
hydromodification management project.
(ii) Implementation Level - The Permittee shall implement the following
Hydromodification Standard:
(a) Post-project runoff shall not exceed estimated pre-project flow rate for the 2-
year, 24-hour storm in the following geomorphic provinces (Figure 1):
Coast Ranges
Klamath Mountains
Cascade Range
Modoc Plateau
Basin and Range
Sierra Nevada
Great Valley
(b) Post-project runoff shall not exceed estimated pre-project flow rate for the 10-
year, 24-hour storm in the following geomorphic provinces (Figure 1):
Transverse Ranges
Peninsular Ranges
Mojave Desert
Colorado Desert
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Figure 1. California Geomorphic Provinces
Alternatively, the Permittee may use a geomorphically based hydromodification
standard or set of standards and analysis procedures designed to ensure that
Regulated Projects do not cause a decrease in lateral (bank) and vertical (channel
bed) stability in receiving stream channels. The alternative hydromodification
standard or set of standards and analysis procedures must be reviewed and
approved by the Regional Board Executive Officer.
(iii) Reporting –The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements
of this program element. The summary shall also address the relationship
between the program element activities and the Permittee's Program
Effectiveness Assessment and Improvement Plan that tracks annual and long-
term effectiveness of the storm water program. If a Permittee is unable to certify
compliance with a requirement in this program element see Section E.16.a.for
compliance directions.
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E.12.g. Enforceable Mechanisms
(i) Task Description - Within the third year of the effective date of the permit, the
Permittee shall develop and/or modify enforceable mechanisms that will
effectively implement the requirements in Section E.12.b through f (if necessary).
(ii) Implementation Level - The Permittee shall develop and/or modify enforceable
mechanisms that will effectively implement the requirements in Section E.12.b
through E.12.f and may include municipal codes, regulations, standards, and
specifications. The Permittee shall:
(a) Conduct an analysis of all applicable codes, regulations, standards, and/or
specifications to identify modifications and/or additions necessary to fill gaps
and remove impediments to effective implementation of project-scale
development requirements.
(b) Approve new and/or modified enforceable mechanisms that effectively
resolve regulatory conflicts and implement the requirements in Sections
E.12.b through E.12.f (if necessary)
(c) Apply new and/or modified enforceable mechanisms to all applicable new
and redevelopment projects. Develop and make available specific guidance
for LID BMP design
(d) Complete a Tracking Report indicating the Permittee’s accomplishments in
education and outreach supporting implementation of LID requirements for
new and redevelopment projects.
E.12.h. Operation and Maintenance of Post-Construction Storm Water Management
Measures
(i) Task Description –Within the second year of the effective date of the permit, the
Permittee shall implement an O&M Verification Program for storm water treatment
and baseline hydromodification management structural control measures defined
in Section E.12.e(ii)(f). Storm Water Treatment Measures and Baseline
Hydromodification Management Measures on all Regulated Projects.
(ii) Implementation Level – At a minimum, the O&M Verification Program shall
include the following elements:
(a) All Regulated Projects shall at a minimum, require at least one of the
following from all project proponents and their successors in control of the
Project or successors in fee title:
1) The project proponent’s signed statement accepting responsibility for the
O&M of structural control measure(s) until such responsibility is legally
transferred to another entity;
2) Written conditions in the sales or lease agreements or deed for the
project that requires the buyer or lessee to assume responsibility for the
O&M of the installed treatment system(s) and hydromodification control(s)
(if any) until such responsibility is legally transferred to another entity;
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3) Written text in project deeds, or conditions, covenants and restrictions for
multi-unit residential projects that require the homeowners association or,
if there is no association, each individual owner to assume responsibility
for the O&M of the installed treatment system(s) and hydromodification
control(s) (if any) until such responsibility is legally transferred to another
entity; or
4) Any other legally enforceable agreement or mechanism, such as
recordation in the property deed, that assigns the O&M responsibility for
the installed treatment system(s) and hydromodification control(s) (if any)
to the project owner(s) or the Permittee.
(b) Coordination with the appropriate mosquito23 and vector control agency with
jurisdiction to establish a protocol for notification of installed treatment
systems and hydromodification management controls. On an annual basis,
before the wet season, prepare a list of newly installed (installed within the
reporting period) storm water treatment systems and hydromodification
management controls to the local mosquito and vector control agency and
the appropriate Regional Water Board. The Permittee may submit the list of
Regulated Projects as described in Section E.12.h.(ii)(e). This list shall
include the facility locations and a description of the storm water treatment
measures and hydromodification management controls installed.
(c) Conditions of approval or other legally enforceable agreements or
mechanisms for all Regulated Projects that require the granting of site access
to all representatives of the Permittee for the sole purpose of performing
O&M inspections of the installed treatment system(s) and hydromodification
control(s) (if any).
(d) A written implementation plan that describes O&M (including inspection) of all
Regional Projects and regional controls that are Permittee-owned and/or
operated.
(e) A database or equivalent tabular format of all Regulated Projects (public and
private) that have installed treatment systems. This database or equivalent
tabular format shall include the following information for each Regulated
Project:
1) Name and address of the Regulated Project;
2) Specific description of the location (or a map showing the location) of the
installed treatment system(s) and hydromodification control(s) (if any);
3) Date(s) that the treatment system(s) and hydromodification controls (if
any) is/are installed;
4) Description of the type and size of the treatment system(s) and
hydromodification control(s) (if any) installed;
5) Responsible operator(s) of each treatment system and
hydromodification control (if any);
6) Dates and findings of inspections (routine and follow-up) of the treatment
system(s) and hydromodification control(s) (if any) by the Permittee; and
7) Any problems and corrective or enforcement actions taken.
23 California Department of Public Health. (2012). Best Management Practices for Mosquito Control in
California. Retrieved on July 20, 2012 from http://www.westnile.ca.gov/resources.php
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8) Maintenance Approvals: The Permittee shall ensure that systems and
hydromodification controls installed at Regulated Projects are properly
operated and maintained for the life of the projects. In cases where the
responsible party for a treatment system or hydromodification control has
worked diligently and in good faith with the appropriate state and federal
agencies and the Permittee to obtain approvals necessary to complete
maintenance activities for the treatment system or hydromodification
management control, but these approvals are not granted, the Permittee
shall be deemed to be in compliance with this Provision.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements
of this program element. The summary shall also address the relationship
between the program element activities and the Permittee's Program
Effectiveness Assessment and Improvement Plan that tracks annual and long-
term effectiveness of the storm water program. If a Permittee is unable to
certify compliance with a requirement in this program element see Section
E.16.a.for compliance directions.
E.12.i. Post-Construction Best Management Practice Condition Assessment
(i) Task Description – Within the third year of the effective date of the permit, the
Permittee shall inventory and assess the maintenance condition of structural
post-construction BMPs (including BMPs used for flood control) within the
Permittee’s jurisdiction.
(ii) Implementation Level – The Permittee shall develop and implement a plan to
inventory, map, and determine the relative maintenance condition of structural
post-construction BMPs. Maintenance condition shall be determined through a
self-certification program where Permittees require annual reports from
authorized parties demonstrating proper maintenance and operations. The plan
shall include:
(a) An inventory and map of existing structural post-construction BMPs, in GIS if
available.
(b) Assessments of the self-certification program annual reports. Assessment
shall include a ranking of structural BMPs and verification that BMPs are
operating to remove pollutants as designed. Regional BMPs should receive
higher priority than lot-scale BMPs, and BMPs designed to remove pollutants
for which receiving water is impaired should receive priority attention over
other BMPs.
(c) Appropriate escalating enforcement based on the Permittee Enforcement
Response Plan to ensure proper maintenance of BMPs and submittal of self-
certification annual reports.
(d) Self-Certification Annual Reports. At a minimum, the self-certification annual
reports shall include:
1) Field observations to determine the effectiveness of the structural post
construction BMPs in removing pollutants of concern from storm water
runoff and/or reducing hydromodification impacts as designed.
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2) Long-term plan for conducting regular maintenance of BMPs, including
the frequency of such maintenance.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements
of this program element. The summary shall also address the relationship
between the program element activities and the Permittee's Program
Effectiveness Assessment and Improvement Plan that tracks annual and long-
term effectiveness of the storm water program. If a Permittee is unable to certify
compliance with a requirement in this program element see Section E.16.a.for
compliance directions.
E.12.j. Planning and Development Review Process
(i) Task Description – The Permittee shall review their planning and permitting
process to assess any gaps or impediments impacting effective implementation
of these post-construction requirements specified in Section E.12, and where
these are found to exist, seek solutions to promote implementation of these
requirements within the context of public safety and community goals for land
use. The Permittee shall prioritize review of the landscape code (code detailing
landscaping requirements and considerations which should be implemented to
protect environmental quality) to correct gaps and impediments impacting
effective implementation of post-construction requirements.
(ii) Implementation Level – During years 1 – 3, the Permittee shall conduct the
review using an existing guide or template already developed for MS4s (such as
the Municipal Regulatory Update Assistance Program (MRUAP)24 conducted by
AHBL, Inc. for the Low Impact Development Initiative (LIDI) on the Central
Coast). By the fourth year of the effective date of the permit, any changes to the
planning and permitting process will be completed to effectively administer these
provisions. Priority shall be placed on review of the landscape code, with the
following implementation level.
(a) Within the first year of the effective date of this permit, the Permittee shall
conduct an analysis of the landscape code to correct gaps and impediments
impacting effective implementation of post-construction requirements.
(b) Within the second year of the effective date of the permit, the Permittee shall
complete any changes to the landscape code to effectively administer post-
construction requirements.
(iii) Reporting – By the second year Annual Report and annually thereafter,
complete and have available a summary of the review process, and any
proposed or completed changes to the Permittee’s program.
24 http://www.casqa.org/LIDDemo/LIDTraining/tabid/246/Default.aspx
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E.12.k. Post-Construction Storm Water Management Requirements Based on
Assessment and Maintenance of Watershed Processes
Small MS4s subject to Section E of this Order, in place of complying with the
requirements set forth in Section E.12, except for Sections E.12.j. Planning and
Development Review Process and E.12.e(ii)(e) Source Control Requirements, shall
comply with post-construction storm water management requirements based on a
watershed-process approach developed by Regional Water Board that include the
following:
Completion of a comprehensive assessment of dominant watershed
processes affected by urban storm water
LID site design and runoff reduction measures, numeric runoff treatment and
retention controls, and hydromodification controls that will maintain watershed
processes and protect water quality and beneficial uses.
A process by which Regional Board staff will actively engage Permittees to
adaptively manage requirements as determined by the assessment of
watershed processes.
An annual reporting program that involves Regional Board staff and State
Board staff to inform statewide watershed process based criteria.
The regional watershed-process based approach must be approved by the
Regional Water Board following a public process.
E.12.l. Alternative Post-Construction Storm Water Management Program
A Permittee may propose alternative post-construction measures in lieu of some or
all of Section E.12. requirements for multiple benefit projects. Multiple-benefit
projects include projects that may address any of the following, in addition to water
quality: water supply, flood control, habitat enhancement, open space preservation,
recreation, climate change. Multiple-benefit projects may be applied at various
scales including project site, municipal or sub-watershed level. Multiple-benefit
projects may include, but are not limited to, projects developed under Watershed
Improvement Plans (Water Code §16100 et seq.), IRWMP implementation and
green infrastructure projects. Multiple benefit projects must be equally or more
protective of water quality than Section E.12. requirements.
The Regional Water Board or the Executive Officer, may approve alternative post-
construction measures for multiple-benefit projects, as described above, after an
opportunity for public comment, if the Regional Water Board or Executive Officer
finds that the alternative measures are consistent with the MEP standard.
E.13. WATER QUALITY MONITORING
Traditional Small MS4 Permittees that are required to conduct monitoring of discharges to
ASBS, TMDL, or 303(d) impaired water bodies, as described in Sections E.13.(a)-(c), are not
required to perform additional monitoring as specified in Sections E.13.d.1. and E.13.d.2.
Permittees are encouraged to participate in a regional monitoring program in order to cost-
effectively combine resources and water quality information. Regional monitoring is the
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2013-0001-DWQ 63 February 5, 2013
collaboration of local and regional monitoring programs that are designed to create a more
comprehensive picture of water quality conditions within a watershed. The following
management questions may be used to assist in guiding the development of a regional
monitoring program, as applicable25:
1) Are water quality standards being met in receiving waters?
2) What is the extent and magnitude of the current or potential receiving
water problems26?
3) What is the relative urban runoff contribution to the receiving water
problem(s)?
4) What are the sources to urban runoff that contribute to the receiving water
problem(s)?
5) Are conditions in receiving waters getting better or worse?
Regional monitoring programs shall be reviewed and approved by the Executive Officer of the
applicable Regional Water Board27.
Where a regional monitoring group has initiated plans, before the effective date of this Order, to
conduct monitoring that achieves Section E.13. compliance, the Permittee may request the
Executive Officer of the applicable Regional Board tailor compliance dates to synchronize with
such efforts. Additionally, existing regional water monitoring efforts shall be reviewed and
approved by a Regional Water Board Executive Officer.
Where a Permittee receives grant funding to conduct monitoring that achieves Section E.13.
compliance, the Permittee may request the Regional Water Board Executive Officer tailor
compliance dates to synchronize with such efforts.
E.13.a. ASBS Monitoring
All Permittees that discharge to an ASBS and are covered by an Ocean Plan
exception shall comply with the monitoring requirements described in the terms,
prohibitions and special conditions in Attachment C.
E.13.b. TMDL Monitoring
All Permittees that are assigned a wasteload allocation or identified as a
responsible party in a TMDL approved by the U.S. EPA where urban runoff is listed
as the source, shall comply with the monitoring requirements included in
Attachment G and consult with the Regional Water Board within one year of the
effective date of the permit to determine the monitoring study design and a
monitoring implementation schedule. Where a TMDL is limited to a single
25 The five core management questions are based on the Stormwater Monitoring Coalition’s Model
Monitoring Technical Committee Technical Report # 419: Model Monitoring Program for Municipal
Separate Storm Sewer Systems in Southern California.
26 Water quality problems include exceedances of water quality standards, including impairment of
designated uses, or other significant water quality impacts, including habitat and biological impacts.
27 The regional monitoring programs may deviate from the specific requirements in Section E.13.a. to the
extent approved by the Executive Officer, except that the regional monitoring program shall be SWAMP
comparable and that all data shall be placed in the California Environmental Data Exchange Network
(CEDEN).
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2013-0001-DWQ 64 February 5, 2013
constituent within a single reach of the watershed, the Regional Water Board
Executive Officer may require additional monitoring, per Water Code § 13383.
Permittees shall implement TMDL monitoring as specified by the Regional Water
Board Executive Officer.
E.13.c. 303(d) Monitoring
All Permittees that discharge to waterbodies listed as impaired on the 303(d)28 list
where urban runoff is listed as the source, shall consult with the Regional Water
Board within one year of the effective date of the permit to assess whether
monitoring is necessary and if so, determine the monitoring study design and a
monitoring implementation schedule. Permittees shall implement monitoring of
303(d) impaired water bodies as specified by the Regional Water Board Executive
Officer.
E.13.d. Receiving Water Monitoring and Special Studies
Traditional Small MS4 Permittees with a population greater than 50,000 listed in
Attachment A that are not already conducting ASBS, TMDL or 303(d) monitoring
efforts shall participate in one of the following monitoring programs, subject to
Regional Water Board Executive Officer approval:
E.13.d.1. Receiving Water Monitoring
E.13.d.2. Special Studies
E.13.d.1. Receiving Water Monitoring
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall develop and implement a receiving water monitoring program to
(1) Monitor receiving water quality at upstream location in an area undergoing
development and evaluate changes in receiving water quality over time, and
(2) Monitor receiving water quality at a downstream location in an urban area and
evaluate changes in receiving water quality over time. Permittees may, to the extent
allowed by law, establish a monitoring fund into which all new development
contributes on a proportional basis (% development fee, size/number of lots, etc.).
Monitoring funding may be overseen by municipalities or coalition of municipalities.
(ii) Implementation Level - By the first year of the permit, the Permittee shall select one
(1) urban/rural interface monitoring site to monitor receiving water quality at an
upstream location in an area undergoing development and evaluate changes in
receiving water quality over time, and; one (1) urban area monitoring site to monitor
receiving water quality at a downstream location in an urban area and evaluate
changes in receiving water quality over time. Site selection shall include the
following:
(a) Urban/Rural Interface. Identify one characteristic waterway at the top, or
upstream, of a HUC 12 level watershed planned for development in the near
future that traverses an urban/rural interface, using the 2010 Census Data
and urban area maps, and establish a permanent monitoring location at the
28 http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml
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2013-0001-DWQ 65 February 5, 2013
identified urban/rural interface29. Monitoring at the urban/rural interface shall
address the question: Does receiving water quality change as LID BMPs are
integrated into new development?
(b) Urban Downstream. Identify one characteristic waterway at the bottom, or
downstream, of the same HUC 12 watershed as the urban/rural interface
monitoring location and within an urbanized area and establish a permanent
monitoring location at the identified urbanized area waterway. Monitoring at
the urban area site shall address the question: Does receiving water quality
improve as a result of efforts to control the sources of pollution and educate
the public?
By the second year of the permit term and after establishment of site selection, the
Permittee shall monitor the urban/rural interface site to address the hypothesis that
receiving water quality will remain the same as new development proceeds, and the
urban area site to address the hypothesis that receiving water quality will improve
over time as storm water and other water quality programmatic efforts are
implemented. Monitoring shall be implemented in accordance with Table 3.
Receiving Water Monitoring Parameters and Protocols.
Table 3: Receiving Water Monitoring Parameters and Protocol
29 The urban/rural interface is identified as the geographical location at which urban land use and rural land use
interact
Urban/Rural Interface:
Objective: Monitor receiving water quality at upstream location in an area undergoing development. Evaluate changes in receiving water
quality over time.
Question: Does receiving water quality change as LID BMPs are integrated into new development?
Hypothesis: Receiving water quality will remain the same as new development proceeds.
Urban Downstream:
Objective: Monitor receiving water quality at a downstream location in an urban area. Evaluate changes in receiving water quality over time.
Question: Does receiving water quality improve as a result of efforts to control the sources of pollution and educate the public?
Hypothesis: Receiving water quality will improve over time as storm water and other water quality programmatic efforts are implemented.
PARAMETER ENDPOINT BENEFICIAL
USED
PROTECTED
JUSTIFICATION PROTOCOL
Water Quality Pyrethroids*
(sediment)
Aquatic Life Pyrethroids** among the
most ubiquitous urban
contaminant in storm water.
Highly toxic to aquatic life.
Method with detection limit of 1
pptr (5 pptr for permethrin only)
such as the GC-MS-MS method of
Water Pollution Control Lab. Yearly
in spring at urban/rural interface
only. Refer to pending SWAMP
guidelines.
Dissolved oxygen
(DO)
Aquatic life,
recreation
DO reports on presence of
excessive nutrients (N, P) and
effects of organic matter loading
into a waterbody. High DO during
day, low DO at night suggests
algae overgrowth.
Option 1: One week of evening grab
samples (a minimum of 2 hours after
dusk or 2 hours before sunrise) in
spring (as soon as safe to get into
waterway), summer, & fall. OR
Option 2: Continuous sampling. 1
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2013-0001-DWQ 66 February 5, 2013
* Pyrethroid monitoring is required at the urban/rural interface site only.
**Currently, pyrethroids are the pesticide of greatest concern and abundance in urban/suburban waterways. However, new
regulations enacted by the Dept. of Pesticide Regulation restrict how pyrethroids may be applied. Initial models by UC Davis
researchers suggest that this could result in a runoff reduction of 80-90%, depending on the amount of impervious cover in the
watershed. In the future, other pesticides may become more of a threat to aquatic life in urban waterways. One pesticide that
is being used with greater frequency is fipronil, a phenylpyrazole insecticide, that is more water soluble than pyrethroids. In
order to use the resources of the permittees most efficiently, the State Water Resource Control Board reserves the right to
modify the terms and conditions of the permit based on new information on pesticide use and toxicity. This could include
substituting another pesticide for monitoring or eliminating this endpoint.
week in spring summer, fall. In
rivers or lakes, 2 samplers to obtain
depth-integrated values.
Temperature
Aquatic life Aquatic life can survive within a
temperature window,
exceedances lethal. If loggers are
deployed, DO probes often also
measure temperature.
Option 1: Daytime measurement
between noon – 5 pm, at the same
time of day, for 2 weeks in the
spring, summer, and fall.
Option 2: Continuous sample. Same
as for dissolved oxygen.
Bacteria Recreation Increase cell count linked to poor
management practices, high
bacteria levels limit recreational
use of waterways.
Once yearly in later summer or fall.
Collect 1 sample weekly x 4 weeks.
Calculate geometric mean. Measure
e. coli.
Nutrients Aquatic life
Recreation
Other
Excess nutrients can cause
eutrophication of waterways
leading to low dissolved oxygen
which harms aquatic life. Algal
overgrowth can also impair flows,
adversely affect aesthetics,
limiting recreation.
Benthic algal biomass and % cover
(benthic chlorophyll a) from
sediment in wadeable and non-
wadeable streams or planktonic
algal biomass (water column
chlorophyll ) from non-wadeable
rivers and lakes. 3 times per year at
beginning, middle, and end of
growing season. Use SWAMP protocol.
Physical Habitat PHAB
assessment
Aquatic life Expect to see few changes in
habitat with effective LID
implementation
Once yearly in spring. Use SWAMP
protocol.
Channel cross
sections
Aquatic life Reports on stability of creek/river
channel
Once yearly in spring.
Flow Aquatic life Expect minimal changes in flow
rate if LID practices minimizes
changes in hydrograph usually
seen with urbanization
Option 1: Pressure transducer. Use
channel cross sections put in same
time as DO probe. Measure spring,
summer, and fall
Option 2: Install stage gage, develop
rating curve. Evaluate spring,
summer, and fall for 2 weeks.
Photo
documentation
Overall
conditions
Pictures and flood prone area will
aid in the interpretation of the
data
Once yearly in spring.
Aquatic Life
Bioassessment Aquatic life BMIs integrate the sum of all
conditions. Use early
measurements as the baseline.
In some cases, expect improved
BMIs, depending on previous use
of land.
In spring as soon as safe to enter
water, use SWAMP protocol
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2013-0001-DWQ 67 February 5, 2013
(iii) Reporting – By the second year Annual Report, the Permittee shall complete and
have available a report (50 page maximum) that includes a summary of baseline
data collections and discussion of monitoring program results;
By the fifth year Annual Report, the Permittee shall complete and have available a
report (50 page maximum) that includes a comparison of data collection to baseline
data, and discussion of monitoring program results.
At a minimum, the second and fifth year Annual Reports shall include the following
information:
(a) The purpose of the monitoring, brief contextual background and a brief
description of the study design and rationale.
(b) Sampling site(s) locations, including latitude and longitude coordinates, water
body name and water body segment if applicable. Sampling design, including
sampling protocol, time of year, sampling frequency and length of sampling.
(c) Methods used for sample collection: list methods used for sample collection,
sample or data collection identification, collection date, and media if
applicable.
(d) Results of data collection, including concentration detected, measurement
units, and detection limits if applicable.
(e) Quantifiable assessment, analysis and interpretation of data for each
monitoring parameter.
(f) Comparison to reference sites (if applicable), guidelines or targets
(g) Discussion of whether data collected addresses the objective(s) or
question(s) of study design
(h) Quantifiable discussion of program/study pollutant reduction effectiveness.
Where applicable, the Permittee shall prepare, maintain, and implement a Quality
Assurance Project Plan (QAPP) in accordance with the Surface Water Ambient
Monitoring Program. All monitoring samples shall be collected and analyzed
according to the Program QAPP developed for the purpose of compliance with this
Order. SWAMP Quality Assurance Program Plan (2008) is available at:
http://www.waterboards.ca.gov/water_issues/programs/swamp/docs/qapp/qaprp082
209.pdf
A formatted Microsoft Word document that includes guidelines and boilerplate
language for developing the permit QAPP is available at:
http://www.waterboards.ca.gov/water_issues/programs/swamp/tools.shtml#qa
Water quality data shall be uploaded to SMARTS and must conform to California
Environmental Data Exchange Network (CEDEN) Minimum Data Templates format.
CEDEN Minimum Data Templates are also available at: http://ceden.org/
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E.13.d.2. Special Studies
(i) Task Description – Within the first year of the effective date of the permit, the
Permittee, as an alternative to Section E.13.d.1. Receiving Water Monitoring, may
develop and implement a special study monitoring program to assess and evaluate
the effectiveness of water quality projects or storm water program elements designed
to reduce specific water quality pollutants that are causing or contributing to
beneficial use impairment. The special studies must demonstrate the nexus
between storm water program implementation, water quality protection and pollutant
reduction effectiveness and may include, but are not limited to:
(a) Assessment of effectiveness of habitat enhancement efforts and
assessment of effectiveness of stream restoration projects (i.e., stream
channel restoration as related to implementation of hydromodification
standards);
(b) Assessment of effectiveness of low impact development pilot projects, and
assessment of storm water program components through pollutant load
reduction quantification and/or discharge water quality monitoring (i.e.,
reduction of impervious surface related to implementation of Post-
Construction Storm Water Management Program).
(ii) Implementation Level – By the first year of the permit, the Permittee shall develop
and implement a special study plan and shall submit to an applicable Regional Board
for review and approval. Within the second year of the effective date of the permit,
the Permittee shall begin implementation of the approved special study plan. The
study plan shall include, at a minimum:
(a) Purpose/objective of the monitoring (sampling rationale), including reasoning
to implement a special study in lieu of the Receiving Water Monitoring
described in Section E.13.d.1.
(b) Brief project background information and overall study design (i.e.,
surrounding land uses, reference monitoring data, if applicable, and site
conditions)
(c) Parameters that are being measured, how parameters are measured and
rationale for parameter selection.
(d) Frequency that parameters are being measured (sampling frequency)
(e) Sampling site location
(f) Description of how the data will be managed, analyzed (including statistical
analysis) and reported
(g) Expected results based on study plan design and hypothesis
(iii) Reporting – By the second year Annual Report, the Permittee shall complete and
have available a report (50 page maximum) that includes a summary of baseline
data collections and discussion of monitoring program results.
By the fifth year Annual Report, the Permittee shall complete and have available a
report (50 page maximum) that includes a comparison of data collection to baseline
data, and discussion of monitoring program results.
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At a minimum, the second and fifth year Annual Reports shall include the following
information:
(a) The purpose of the monitoring, contextual background and a description of
the study design and rationale.
(b) Sampling site(s) locations, including latitude and longitude coordinates,
water body name and water body segment if applicable. Sampling design,
including sampling protocol, time of year, sampling frequency and length of
sampling.
(c) Methods used for sample collection: list methods used for sample collection,
sample or data collection identification, collection date, and media if
applicable.
(d) Results of data collection, including concentration detected, measurement
units, and detection limits if applicable.
(e) Quantifiable assessment analysis and interpretation of data for each
monitoring parameter or other data type.
(f) Comparison to reference sites (if applicable), guidelines or targets
(g) Discussion of whether data collected addresses the objective(s) or
question(s) in the study plan
(h) Quantifiable discussion of program/study pollutant reduction effectiveness.
Where applicable, the Permittee shall prepare, maintain, and implement a QAPP in
accordance with SWAMP. All monitoring samples shall be collected and analyzed
according to the Program QAPP developed for the purpose of compliance with this
Order. SWAMP Quality Assurance Program Plan (2008) is available at:
http://www.waterboards.ca.gov/water_issues/programs/swamp/docs/qapp/qaprp0822
09.pdf
A formatted Microsoft Word document that includes guidelines and boilerplate
language for developing the permit QAPP is available at:
http://www.waterboards.ca.gov/water_issues/programs/swamp/tools.shtml#qa
Water quality data shall be uploaded to the Storm Water Multi-Application Reporting
and Tracking System (SMARTS) and must conform to “CEDEN Minimum Data
Templates” format. CEDEN Minimum Data Templates are also available at:
http://ceden.org/
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E.14. PROGRAM EFFECTIVENESS ASSESSMENT AND IMPROVEMENT
E.14.a. Program Effectiveness Assessment and improvement Plan
(i) Task Description - The Permittee shall develop and implement a Program
Effectiveness Assessment and Improvement Plan that tracks annual and long-term
effectiveness of the storm water program. The Program Effectiveness Assessment
and Improvement Plan will assist the Permittee to document compliance with permit
conditions and to adaptively manage its storm water program and make necessary
modifications to the program to improve program effectiveness at reducing pollutants
of concern, achieving the MEP standard, and protecting water quality. The Program
Effectiveness Assessment and Improvement Plan shall identify the strategy used to
gauge the effectiveness of prioritized BMPs and program implementation as a whole.
Prioritized BMPs include BMPs implemented based on pollutants of concern. Where
pollutants of concern are unidentified, prioritized BMPs are based on common urban
pollutants (i.e., sediment, bacteria, trash, nutrients). The annual effectiveness
assessments will help identify potential modifications to the program to ensure long -
term effectiveness.
(ii) Implementation Level - The Program Effectiveness Assessment and Improvement
Plan may be modeled upon the most recent version (if applicable) Municipal Storm
Water Program Effectiveness Assessment Guidance (CASQA, May 2007) or
equivalent.
(a) The Program Effectiveness Assessment and Improvement Plan shall include the
following elements, at a minimum as applicable:
1) Identification of overall program goals including pollutants of concern and
prioritized BMPs
2) Documentation of the level of implementation of storm water program
elements
3) Identification and targeting of target audience(s)
4) Assessment of BMP performance at achieving outcome levels
5) Assessment of pollutant source reductions achieved by individual BMPs
6) Quantification of pollutant loads and pollutant load reductions achieved by the
program as a whole
7) MS4 discharge quality, where available, including analysis of the data
8) Receiving water quality data, including analysis of the data
9) Identification of long-term effectiveness assessment, to be implemented
beyond the permit term
(b) The Program Effectiveness Assessment and Improvement Plan shall assess
BMP and program effectiveness in terms of the following Outcome Levels:
1) Storm water program activities
2) Awareness
3) Behavior
4) Pollutant load reductions
5) MS4 discharge quality (where assessment is supported by MS4
discharge quality data)
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6) Receiving water conditions
(c) The Program Effectiveness Assessment and Improvement Plan shall identify
assessment methods for privately owned BMPs.
(d) The Program Effectiveness Assessment and Improvement Plan shall identify
assessment methods the Permittee will use to quantitatively assess BMP
performance at reducing pollutant loads wherever feasible, using the following or
equivalent methods:
1) Direct quantitative measurement of pollutant load removal for BMPs that
lend themselves to such measurement (e.g., measuring sediment
collected through street-sweeping activities);
2) Science-based estimates of pollutant load removal for BMPs where direct
measurement of pollutant removal is overly challenging (e.g., removal of
heavy metals through a bioswale);
3) Direct quantitative measurement of behaviors that serve as proxies of
pollutant removal or reduction (e.g., the percentage of construction sites
demonstrated by inspection to be in compliance with permit conditions);
or
4) Visual comparison (e.g., using photographs to compare the amount of
trash in a creek between one year and the next).
(e) The Program Effectiveness Assessment and Improvement Plan shall ask and
answer the following Management Questions for prioritized BMPs for which
answers to management questions can be based on quantitative data
appropriate to the question being answered.
1) Were prioritized BMPs or group of BMPs implemented in accordance with
the permit requirements? The Permittee shall develop quantitative data
using the following or equivalent methods:
a) Confirmation – Documenting whether an activity or task has been
completed, expressed as positive or negative outcome (i.e., yes or no)
b) Tabulation – Simple accounting expressed in absolute (e.g., number of
people participating), or relative terms (e.g. percent increase in
recycled household hazardous waste)
2) To what extent did prioritized BMPs or group of BMPs change the target
audience’s behavior? The Permittee shall develop quantitative data using
the following or equivalent methods:
a) Surveys or interviews to discern knowledge, attitudes, awareness,
behavior of specific population, etc.
b) Interviews of site personnel to discern awareness and behavior
c) Inspections or site visits to directly observe or assess a practice.
3) To what extent did prioritized BMPs or group of BMPs reduce pollutant
loads from their sources to the storm drain system?
(f) The Program Effectiveness Assessment and Improvement Plan shall include
water quality monitoring data, where available, to answer the following long-term
management questions, effectiveness of BMPs and the overall storm water
program will be assessed in future permit terms.
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2013-0001-DWQ 72 February 5, 2013
1) To what extent did implementation of the BMP, group of BMPs, or storm
water program enhance or change the urban runoff and discharge
quality?
2) To what extent did implementation of the BMP, group of BMPs, or storm
water program enhance or change receiving water quality?
3) Did exceedance(s) of water quality objectives or water quality standards
persist notwithstanding implementation of the storm water program?
The Program Effectiveness Assessment and Improvement Plan shall include
documentation of the effectiveness of BMPs implemented to reduce the
discharge of pollutants to the MS4 to the MEP and protect water quality.
(iii) Reporting – By the second year Annual Report complete and submit the Program
Effectiveness Assessment and Improvement Plan. The Plan shall include the
strategy the Permittee will use to assess the effectiveness of the program, the
specific measures the Permittee will use to assess the effectiveness of BMPs and/or
groups of BMPs, and how the Permittee will use the information obtained through
effectiveness assessment to modify individual BMPs and the program as a whole to
increase short and long-term effectiveness. In subsequent Annual Reports, describe
implementation of the Program Effectiveness Assessment and Improvement Plan,
summarize data obtained through effectiveness assessment measures and the short
and long-term progress of the storm water program, and provide an analysis of the
data to improve program effectiveness, to achieve the MEP standard, protect water
quality, and to document the Permittee’s compliance with permit conditions.
Permittees that have a Program Effectiveness Assessment and Improvement Plans,
or equivalent, approved by the applicable Regional Board, or that have a schedule
approved by the applicable Regional Board to develop and implement such a Plan,
shall adhere to the Plan and/or schedule approved by the Regional Board unless
otherwise directed by the Regional Board. By the fifth year annual report, complete
and submit an analysis of the effectiveness of modifications made at improving BMP
and/or program effectiveness.
E.14.b. Storm Water Program Modifications
(i) Task Description –The Permittee shall modify BMPs and/or the program as a whole
to improve compliance with permit conditions and improve program effectiveness at
reducing pollutant loads, achieving the MEP standard, and protecting water quality.
The Permittee shall use information gained through effectiveness assessment and
MS4 discharge and receiving water monitoring to identify priority areas for program
improvement. In addition, the Permittee shall identify and make modifications to
BMPs, including new BMPs or modification to existing BMPs, to improve
effectiveness in each priority area. The Permittee shall consult with the applicable
Regional Water Board in setting expectations for the scope, timing, and frequency of
BMP modifications.
(ii) Implementation Level – Within the fifth year of the effective date of the permit, the
Permittee shall identify and summarize BMP and/or program modifications identified
in priority program areas. Modifications shall include:
(a) Improving upon BMPs that are underperforming
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(b) Continuing and expanding upon BMPs that proved to be effective, including
identifying new BMPs or modifications to existing BMPs designed to increase
pollutant load reductions;
(c) Discontinuing BMPs that may no longer be productive and replacing with more
effective BMPs; and
(d) Shifting priorities to make more effective use of resources
(iii) Reporting – By the fifth year Annual Report, complete and submit the list of BMP
and/or program modifications, as specified in E.14.c(ii), the Permittee will make for
priority program areas, including identification of priority program areas and the
schedule the Permittee will follow to complete identified modifications during the next
permit term. The modifications shall be aimed at the goal of reducing pollutant loads,
achieving the MEP standard and protecting water quality.
E.15. TOTAL MAXIMUM DAILY LOADS COMPLIANCE REQUIREMENTS
E.15.a. The Permittee shall comply with all applicable TMDLs approved pursuant to 40
Code of Federal Regulations section 130.7 that assign a Waste Load Allocation
to the Permittee and that have been identified in Attachment G.
E.15.b. WLA, Load Allocations (LA), effluent limitations, implementation requirements,
and monitoring requirements are specified in the adopted and approved
Regional Water Board Basin Plans and authorizing resolutions which are
incorporated herein by reference as enforceable parts of this Order. Applicable
Basin Plan amendments and resolutions are identified in Attachment G.
Attachment G additionally contains a list of TMDL-specific permit requirements
developed by the Regional Water Boards for compliance with the
implementation requirements of the relevant TMDLs. These requirements are
an enforceable component of this Order. In some cases, dates are given that
fall outside the term of this Order. Compliance dates that have already passed
are enforceable on the effective date of this Order. Compliance dates that
exceed the term of this Order are included for reference, and become
enforceable in the event that this Order is administratively extended.
E.15.c. The Regional Water Boards are directed to review, within one year of the
effective date of this Order, the TMDL-specific permit requirements contained
in Attachment G and to develop or propose revisions, as appropriate, to TMDL-
specific permit requirements to the State Water Board after consultation with
the Permittees and State Water Board staff. Any proposed revisions by the
Regional Water Boards shall be supported by an explanation of how the
proposed TMDL-specific permit requirements are consistent with the
assumptions and requirements of applicable WLAs and with the goals of the
TMDL. Where a TMDL is limited to a single constituent within a single reach of
the watershed, the Regional Water Board Executive Officer may require
additional monitoring, per Water Code § 13383. The State Water Board will
incorporate any necessary revisions through a reopener. The State Water
Board may additionally revise this Order through a reopener to incorporate any
modifications or revisions to the TMDLs in Attachment G, or to incorporate any
new TMDLs adopted during the term of this Order that assign a WLA to a
Regulated Small MS4 or that identify a Regulated Small MS4 as a responsible
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2013-0001-DWQ 74 February 5, 2013
party. In revising Attachment G, the State Water Board will allow adequate
notice and public review.
E.15.d. The Permittee shall complete and report the status of their implementation of the
specific TMDL implementation requirements that have been incorporated into
the permit with each Annual Report via SMARTS. Reporting on TMDL
implementation shall include the following information:
(i) A description of BMPs implemented, including types, number, and
locations
(ii) An assessment of the effectiveness of implemented BMPs in progressing
towards attainment of wasteload allocations within the TMDLs’ specified
timeframes
(iii) All monitoring data, including a statistical analysis of the data to assess
progress towards attainment of wasteload allocations within the TMDLs’
specified timeframes
(iv) Based on results of the effectiveness assessment and monitoring, a
description of the additional BMPs that will be implemented to attain
wasteload allocations within the TMDLs specified timeframes
E.15.e. The Permittee shall comply with implementation requirements specified in
Category 4b demonstrations associated with Clean Water Act Sections 303d,
306b, and 314 Integrated Reporting and Listing Decisions. Implementation
requirements described in Category 4b demonstrations are effective upon
Regional Water Board approval of that region’s Integrated Reporting and
Listing Decisions and associated Category 4b demonstrations. The most
recent Integrated Reporting and Listing Decisions and associated Category 4b
demonstrations are available at
http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.sht
ml.
E.16. ANNUAL REPORTING PROGRAM
E.16.a. The Permittee shall use State Water Board SMARTS to submit a summary of
the past year activities for each program element and certify compliance with
all requirements of this permit. If a Permittee is unable to certify compliance
with a requirement, the Permittee must submit in SMARTS the reason for
failure to comply, a description and schedule of tasks necessary to achieve
compliance, and an estimated date for achieving full compliance.
E.16.b. Permittees shall complete and retain all Annual Report information on the
previous fiscal year beginning July 1 and ending June 30. The Annual
Reporting requirements are set forth in Provisions E. The Permittee shall
retain documentation as necessary to support their Annual Report. The
Permittee shall make this supporting information available during normal
business hours, unless agreed to by the applicable Regional Water Board’s
Executive Officer.
E.16.c. The Permittee shall submit when requested by the Executive Officer of the
applicable Regional Water Board a detailed written online annual report or in-
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person presentation of the annual report that addresses the activities described
in Provision E. The detailed Annual Report must clearly refer to the permit
requirements and describe in quantifiable terms, the status of activities
undertaken to comply with each requirement.
E.16.d. Permittees involved in regional programs may coordinate with the members to
identify reporting responsibility. The one report submitted on behalf of
Permittees involved in a regional program must include a summary of the past
year activities for each program element and certification of compliance with all
requirements of this Order for each of the Permittees in the regional program.
F. NON – TRADITIONAL SMALL MS4 PERMITTEE PROVISIONS
F.1. Non-Traditional Small MS4 Categories
The Non-Traditional Small MS4s identified in Attachment B or by a Regional Water Board
Executive Officer shall comply with the specific provisions in this Section. For military
installations, this permit applies to areas, where the activities and population density
resemble that of a traditional small MS4, as defined in the permit boundary map in Section
A.2.b.(3). For Department of Corrections and Rehabilitation Permittees, this permit applies
to facilities that are in active operation (i.e., does not apply to closed facilities lacking
management oversight).
F.2. Security Concerns
Department of Defense, Department of Corrections and Rehabilitation Permittees, ports
and transportation agencies are exempt from Annual Reporting of any provision in this
section that could pose a security risk and/or compromise facility security.
F.3. Maximize Efficiency
Permittees may incorporate the required storm water provisions into already existing
programs and leverage existing staff to implement BMPs during its day to day business and
operations.
F.4. Equivalent or Existing Document
A Permittee may utilize an equivalent or existing document such as a Standard Operations
and Procedures manual, Operation and Maintenance Plan, or Spill Response Plan if that
document includes the necessary information required to comply with the provisions of this
section.
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F.5. PROVISIONS
F.5.a. PROGRAM MANAGEMENT ELEMENT
F.5.a.1. Legal Authority
(i) Task Description - Permittee shall have adequate legal authority to meet the
requirements of this Order
(ii) Implementation Level – Within the second year of the effective date of the permit,
the Permittee shall review, revise or adopt new relevant policies, contractual
provisions, base orders, resolutions or other regulatory mechanisms, to the extent
allowable under state or local law, to ensure it has at a minimum the legal authority
to:
(a) Effectively prohibit non-storm water discharges through the MS4. Exceptions to
this prohibition are NPDES-permitted discharges of non-storm water and non-
storm water discharges from B.3 that are considered non-significant contributors
of pollutants. Where the non-storm water discharge is to a segment of an MS4
that discharges directly to an ASBS, exceptions to the non-storm water
prohibition are specified in Attachment C.
(b) Detect and eliminate illicit discharges and illegal connections to the MS4. Illicit
connections include pipes, drains, open channels, or other conveyances that
have the potential to allow an illicit discharge to enter the MS4. Illicit discharges
include all non-storm water discharges not otherwise authorized in this Order,
including, but not limited to discharges from mobile cleaning and pressure
washing operations.
(c) Respond to spills, and prohibit dumping or disposal of materials other than storm
water into the MS4.
(d) Require vendors, contractors and operators of commercial facilities to minimize
the discharge of pollutants to the MS4 through the installation, implementation,
and maintenance of BMPs consistent with the CASQA Best Management
Practice Handbooks or equivalent.
(e) Ensure construction site or industrial facility operators provide a Waste Discharge
Identification Number for coverage under the CGP and IGP and comply with the
appropriate permit.
(f) Review designs and proposals for new development and redevelopment to
determine whether adequate BMPs will be installed, implemented, and
maintained during construction and after final stabilization (post-construction).
(g) Promptly cease and desist discharges and/or cleanup and abate a discharge,
including the ability to:
1) Effectively require the discharger to abate and clean up their discharge, spill,
or pollutant release within 72 hours of notification;
2) Require abatement, within 30 days of notification, for uncontrolled sources of
pollutants that could pose an environmental threat;
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3) Perform the cleanup and abatement work and bill the responsible party, if
necessary;
4) Provide the option to order the cessation of activities until such problems are
adequately addressed if a situation persists where pollutant-causing sources
or activities are not abated;
5) Require a new timeframe and notify the appropriate Regional Water Board
when all parties agree that clean-up activities cannot be completed within
the original timeframe and notify the appropriate Regional Water Board in
writing within five business days of the determination that the timeframe
requires revision.
(iii) Reporting – All Permittees shall submit by the second year online Annual Report, a
statement signed by both the Permittee’s legal counsel and an authorized signatory
certifying the Permittee has adequate legal authority to comply with all Order
requirements.
F.5.b. EDUCATION AND OUTREACH PROGRAM
F.5.b.1. Compliance Participation Options
All Permittees shall comply with the requirements in this Section by participating in one or
more of the following:
(a) Contributing to a countywide storm water program, as determined appropriate by the
Permittee members, so that the countywide storm water program conducts
education and outreach on behalf of its members; or
(b) Contributing to a regional education and outreach collaborative effort (a regional
education and outreach collaborative effort occurs when all or a majority of the
Permittees collaborate to conduct regional education and outreach. Regional
education and outreach collaboration includes Permittees defining a uniform and
consistent message, deciding how best to communicate the message, and how
to facilitate behavioral changes. Then collaboratively apply what is learned
through local jurisdiction groups, pooling resources and skills.); or
(c) Fulfilling education and outreach requirements within their jurisdictional
boundaries on their own. Some level of coordination of education and outreach
efforts with an adjacent Phase I MS4 Permittee is recommended/anticipated for
watershed/region-wide consistency.; or
(d) A combination of the previous options, so that all requirements are fulfilled.
Reporting – By the first year online Annual Report, the Permittee shall submit
information indicating which compliance participation option it will use to comply with
the public education and outreach requirements in this Section. For each public
education and outreach requirement in this Section that the Permittee will comply with
through contribution to a countywide storm water program or regional education and
outreach collaborative effort, the Permittee shall include in the first year online Annual
Report documentation, such as a written agreement, letter or similar document, which
confirms the collaboration with other MS4s.
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F.5.b.2. Public Education and Outreach
The public for a Non-traditional MS4 Permittee is considered the following, if applicable:
Faculty
Inmates
Military personnel
Residents
Students
Staff
Visitors
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall develop and implement a comprehensive storm water public
education and outreach program. The public education and outreach program shall
be designed to inform the public about storm water pollution and steps that can be
taken to reduce storm water pollution. The Public Education and Outreach Program
shall measurably increase the public’s knowledge regarding the storm drain system,
impacts of urban runoff and illicit discharges on receiving waters, and potential BMP
solutions for the target audiences.
(ii) Implementation Level –The Permittee shall, at a minimum:
(a) Develop and implement a public education strategy that establishes education
tasks based on water quality problems, target audiences, and anticipated task
effectiveness. The strategy must include identification of who is responsible for
implementing specific tasks and a schedule for task implementation. The
strategy must demonstrate how specific high priority storm water quality issues
in their jurisdiction or local pollutants of concern are addressed.
(b) Implement BMPs that gauge level of awareness in target audiences and
effectiveness of education tasks.
(c) Develop and convey a specific storm water message that focuses on the
following:
1) Local pollutants of concern
2) Target audience
3) Regional water quality issues
(d) Develop and disseminate appropriate educational materials to target audiences
and translate into applicable languages when appropriate (e.g. the materials can
utilize various media such as printed materials, billboard and mass transit
advertisements, signage at select locations, stenciling at storm drain inlets, radio
advertisements, television advertisements, and websites);
(e) Distribute educational materials, using whichever methods and procedures
determined appropriate during development of the public education strategy;
(f) Develop and convey messages to explain the benefits of water-efficient
landscaping (if appropriate);
(g) Utilize information from storm water-friendly landscaping30 programs (if
appropriate);
30 For example, Surfrider’s Ocean Friendly Garden Program (http://www.surfrider.org/programs/entry/ocean-friendly-gardens)
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(h) Develop and convey messages specific to reducing illicit discharges with
information about how the public can report incidents to the appropriate
authorities;
(i) Develop and convey of messages specific to proper application of pesticides,
herbicides, and fertilizers;
(j) Within the Permittee’s jurisdiction, provide independent, parochial and public
schools with materials to effectively educate school-age children, if applicable,
about storm water and how they can help to protect water quality habitat in their
local watersheds. The Permittee is encouraged to use environmental and
place-based, experiential learning materials that are integrated into school
curricula and school facility management31. In the case that a local program
does not exist, the Permittee may use California’s Education and Environment
Initiative Curriculum32 or equivalent;
(k) Develop (or coordinate with existing effective programs) and convey messages
specific to reducing discharges from pressure washing operations and
landscape irrigation;
(l) If applicable, utilize storm water-friendly education for organized car wash
participants and provide information pertaining to car wash discharge reduction.
The Permittee may use the Sacramento Stormwater Quality Partnership’s River
Friendly Carwash Program33, or equivalent, for guidance;
(m) The Permittee shall conduct focused education in identified illicit discharge flow
areas based on identified illicit discharge(s).
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section F.5.j.2.for compliance directions.
F.5.b.3. Staff and Site Operator Training and Education: Illicit Discharge Detection
and Elimination Training
(i) Task Description – Permittees shall develop and implement a training program for
all Permittee staff, who, as part of their normal job responsibilities, may be notified
of, come into contact with, or otherwise observe an illicit discharge or illegal
connection to the storm drain system.
(ii) Implementation Level – Within the third year of the effective date of the permit, the
Permittee shall develop the training program. The training program shall include at
a minimum:
(a) Identification of an illicit discharge or illegal connection;
(b) Proper procedures for reporting and responding to the illicit discharge or illegal
connection;
(c) Follow-up training provided as needed to address changes in procedures,
techniques, or staffing;
31 For example, Splash (www.sacsplash.org/ ),Effie Yeaw Nature Center (www.sacnature.net) or Yolo Basin (www.yolobasin.org)
32 http://www.californiaeei.org/
33 http://www.beriverfriendly.net/riverfriendlycarwashing/
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(d) Annual assessment of their trained staff’s knowledge of illicit discharge response
and shall provide refresher training as needed;
(e) Training of new staff who, as part of their normal job responsibilities may be
notified of, come into contact with, or otherwise observe an illicit discharge or
illegal connection;
(f) Contact information, including the procedure for reporting an illicit discharge,
shall be included in each of the Permittee’s fleet vehicles that are used by field
staff.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section F.5.j.2.for compliance directions.
F.5.b.4. Staff Pollution Prevention and Good Housekeeping
The Permittee shall train employees on how to incorporate pollution prevention/good
housekeeping techniques into Permittee operations.
(i) Task Description – The Permittee shall provide a biennial training program for
appropriate employees involved in implementing pollution prevention and good
housekeeping practices in the Pollution Prevention/Good Housekeeping for
Permittee Operations sections of this permit. The Permittee shall determine the
need for interim training during alternate years when training is not conducted,
through an evaluation of employee Pollution Prevention/Good Housekeeping
knowledge.
(ii) Implementation Level – The biennial training program shall include the following:
(a) General storm water education component, any new technologies, operations, or
responsibilities that arise during the year and the permit requirements which
apply to the staff being trained. Clear guidance on appropriate storm water
BMPs to use at Permittee owned facilities and during typical Operation and
Maintenance activities.
(b) An assessment of trained staff’s knowledge of pollution prevention and
good housekeeping and shall revise the training as needed.
(c) A requirement that any contractors hired by the Permittee to perform
Operation and Maintenance activities shall be contractually required to
comply with all of the storm water BMPs, good housekeeping practices,
and standard operating procedures described above.
(d) The Permittee shall provide oversight of contractor activities to ensure that
contractors are using appropriate BMPs, good housekeeping practices and
following standard operating procedures.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
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this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance directions.
F.5.c. PUBLIC INVOLVEMENT AND PARTICIPATION PROGRAM
(i) Task Description - Within the third year of the effective date of the permit, the
Permittee shall involve its public in the development and implementation of activities
related to the program. The public participation and involvement program shall
encourage volunteerism, public comment and input on policy, and activism in the
community.
(ii) Implementation Level – The Permittee shall, at a minimum:
(a) Ensure that high priority storm drain inlets include a labeled, stenciled or other
effective method (e.g., clearly visible sign strategically placed in area of high
pedestrian activity) of communicating a storm water awareness message such as
“drains to creek” or “only rain in the drain”.
(b) Integrate storm water awareness messages and information on a publicly
accessible website
(iii) Reporting – The Permittee shall use State W ater Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance
F.5.d. ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM
The Permittee shall develop an Illicit Discharge Detection and Elimination program to
detect, investigate, and eliminate illicit discharges, including illegal dumping, into its
system or coordinate with an adjacent Phase I MS4 Permittees existing program. The
existing program, at a minimum, must include the provisions in this section.
F.5.d.1 Outfall Mapping
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall maintain an up-to-date and accurate outfall map. The map may be in
hard copy and/or electronic form or within a geographic information system (GIS).
The development of the outfall map shall include a visual outfall inventory involving a
site visit to each outfall. It is recommended the Permittee coordinate with an adjacent
Phase I MS4 Permittee to collect outfall data for which they may discharge to.
Renewal Permittees that have an existing and up-to-date outfall map that includes
the minimum requirements specified in Section F.5.d.1.(ii)(a-b) are not required to re-
create the outfall map. This does not exempt renewal Permittees with an existing
outfall map from conducting the field sampling specified in Section F.5.d.2.
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(ii) Implementation Level - The outfall map shall at a minimum show:
(a) The location of all outfalls and drainage areas within the urbanized area,
contributing to those outfalls that are operated by the Permittee, and that directly
discharge within the Permittee’s jurisdiction to a receiving water. Each mapped
outfall shall be given an individual alphanumeric identifier, which shall be noted
on the map. Photographs shall be taken or an electronic database shall be
utilized to provide baseline information and track operation and maintenance
needs over time.
(b) The location (and name, where known to the Permittee) of all water bodies
receiving direct discharges from those outfall pipes.
Submerged outfalls or other outfalls that may pose a threat to public safety are not
required to be inventoried.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance.
F.5.d.2. Field Sampling to Detect Illicit Discharges
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall conduct field sampling to detect potential illicit discharges while
conducting the outfall inventory specified in Section F.5.d. Outfall Inventory. If while
conducting the outfall inventory specified in Section F.5.d., an outfall is flowing or
ponding and it has been more than 72 hours since the last rain event, then the
Permittee shall sample the discharge.
(ii) Implementation Level – If an outfall is flowing or ponding and it has been more than
72 hours since the last rain event, the Permittee shall:
(a) Conduct monitoring for the following indicator parameters identified in Table 1.
Field Sampling Indicator Parameters (following page) to help determine the
source and identification of the discharge. Alternatively, the Permittee may
select parameters based on local knowledge of pollutants of concern in lieu of
sampling for the parameters listed in Table 1. Modifications and associated
justifications shall be identified within SMARTS prior to conducting field sampling
as specified in Section F.5.d.2.
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Table 1. Field Sampling Indicator Parameters
Indicator Parameters Used to Detect Illicit Discharges
Parameter Discharge Types It Can Detect
Sew age
Washwater
Tap
Water
Industrial or
Commercial
Liquid Wastes
Laborator y/Analytical Challenges
Ammonia Can change into other nitrogen forms
as the flow travels to the out fall
Color
Conductivity Inef fective in saline waters
Detergents –
Sur factants Reagent is a hazardous waste
Fluoride* Reagent is a hazardous waste
Exception for communities that do not
fluoridate their tap water
Hardness
pH
Potassium May need to use t wo separate
analytical techniques, depending on
the concentration
Turbidity
Can almost always (>80% of samples) distinguish this discharge from clean flow types (e.g., tap water or natural water). For
tap water, c an distinguish from natural water.
Can sometimes (>50% of samples) distinguish this discharge from clean flow types depending on regional characteristics,
or can be helpful in com bination with another parameter
Poor indic ator. Cannot reliably detect illicit discharges, or c annot detect tap water
N/A: Data are not available to assess the utility of this parameter for this purpose.
Data sourc es: Pit t (this study)
*Fluoride is a poor indic ator when used as a single parameter, but when combined with additional parameters (such as
detergents, ammonia and potassium), it can almost always distinguish bet ween sewage and wash water.
(c) Verify that indicator parameters with the following action level concentrations
specified in Table 2. Action Level Concentrations for Indicator Parameters are
not exceeded. Alternatively, the Permittee may tailor Table 2 to align with
parameters based on local knowledge of pollutants of concern. Modifications
and associated justifications shall be identified within SMARTS prior to
conducting field sampling as specified in Section F.5.d.2.:
Table 2. Action Level Concentrations for Indicator Parameters
Indicator
Parameter
Action Level Concentration
Ammonia >= 50 mg/L
Color >= 500 units
Conductivity >= 2,000 μS/cm
Hardness <= 10 mg/L as CaCO3 or >= 2,000 mg/L as
CaCO3
pH <= 5 or >=9
Potassium >= 20 mg/L
Turbidity >= 1,000 NTU
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(d) Conduct follow up investigations per Section F.5.d.3. if the action level
concentrations are exceeded.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance
F.5.d.3. Illicit Discharge Detection and Elimination Source Investigations and
Corrective Actions
(i) Task Description – Within the second year of the effective date of the permit,
the Permittee shall develop written procedures for conducting investigations
into the source of all non-storm water discharges suspected to be illicit
discharges, including approaches to requiring such discharges to be
eliminated, and procedures to implement corrective actions (e.g., BMPs).
These procedures shall be included as part of the Illicit Discharge Detection
and Elimination program.
(ii) Implementation Level - At a minimum, the Permittee shall conduct an
investigation(s) to identify and locate the source of any suspected illicit discharge
within 72 hours of becoming aware of the suspected illicit discharge. For
investigations that require more than 72 hours, the Permittee shall identify the
actions being taken to identify and locate the source of the suspected illicit
discharge. The Permittee shall prioritize investigations of suspected sanitary sewage
and/or significant contributors over investigations of non-storm water discharges
suspected of being cooling water, wash water, or natural flows.
(a) Report immediately the occurrence of any dry weather flows believed to be an
immediate threat to human health or the environment to local Health
Department.
(b) Determine and document through its investigations the source of all non-storm
water discharges. If the source of the non-storm water discharge is found to
be a discharge authorized under this permit, or authorized under another
NPDES permit, no further action is required.
(c) Corrective Action to Eliminate Illicit Discharge – Once the source of the
illicit discharge has been determined, the Permittee shall immediately
notify the responsible party of the problem.
(d) Report immediately to the owners/operators of the downstream MS4 a
non-storm water discharge suspected of being sanitary sewage and/or
significantly contaminated.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
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this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance
F.5.e. CONSTRUCTION SITE RUNOFF CONTROL PROGRAM
The Permittee shall develop, implement, and enforce a program to prevent Construction site
discharges of pollutants and impacts on beneficial uses of receiving waters. The program
shall include the development of contract language ensuring the Permittee’s in-house
construction operators or outside contractors comply with the CGP.
(i) Task Description – Within the first year of the effective date of the permit, each
Permittee shall develop and implement contract language ensuring all outside
contractors comply with the CGP and implement appropriate BMPs. Contract
language shall apply to all projects that result in a total land disturbance of either one
acre or more or that result in a total land disturbance of less than one acre if part of a
larger common plan or development or sale.
(ii) Implementation Level – The Permittee shall include CGP compliance requirements
in construction contract language for all projects one acre or more or that result in a
total land disturbance of less than one acre if part of a larger common plan or
development or sale.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance.
F.5.f. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR PERMITTEE
OPERATIONS PROGRAM
The Permittee shall develop and implement a program to prevent or reduce the amount of
pollutant runoff from Permittee operations. The Permittee shall train employees on how to
incorporate pollution prevention/good housekeeping techniques into Permittee operations.
Permittee shall implement appropriate BMPs for preventing or reducing the amount of storm
water pollution generated by Permittee operations.
F.5.f.1. Inventory of Permittee-Owned or Operated Facilities
(i) Task Description - Prepare an inventory of Permittee-owned or operated facilities
within their jurisdiction that are a threat to water quality, and are not covered by
another storm water General Permit.
(ii) Implementation Level - Within the second year of the effective date of the permit,
the Permittee shall develop and maintain an inventory that shall include facilities that
may impact storm water.
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(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance.
F.5.f.2. Map of Permittee-Owned or Operated Facilities
(i) Task Description – Within the second year of the effective date of the permit,
prepare and submit a map of the urban area covered by the MS4 permit and identify
where the Permittee-owned or operated facilities are located.
(ii) Implementation Level - The Permittee shall complete and have available a map that
identifies the storm water drainage system corresponding to each of the facilities as
well as the receiving waters to which these facilities discharge. The map shall also
show the facility and the manager of each facility, including contact information.
Historic storm water collection facilities, conveyances and drainages located at
historic places that are being operated for public interpretation and education shall
be noted on this map so that the Regional Water Board can differentiate between
modern and historic during site reviews or audits.
(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance.
F.5.f.3. Facility Assessment
(i) Task Description –Within the third year of the effective date of the permit, conduct
an inspection and assessment of pollutant discharge potential and pollutant hotspots.
(ii) Implementation Levels - The Permittee shall conduct an annual review and
assessment of all Permittee-owned or operated facilities to determine their potential
to impact surface waters. The assessment shall include the following:
(a) Identification of pollutant hotspots based on the assessment, the
Permittee shall identify as pollutant hotspots those facilities that have a
high potential to generate storm water and non-storm water pollutants.
Among the factors to be considered are the type and volume of
pollutants stored at the site, the presence of improperly stored materials,
activities that should not be performed outside (e.g., changing
automotive fluids, vehicle washing), proximity to water bodies, poor
housekeeping practices, and the discharge of pollutant(s) of concern to
receiving water(s). Pollutant hotspots shall include, at a minimum, the
Permittee’s maintenance yards, hazardous waste facilities, fuel storage
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locations, and any other facilities at which chemicals or other materials
have a high potential to be discharged in storm water.
(b) Documentation of the assessment procedures and results. The
Permittee shall document the procedures it uses for conducting the
assessment along with a copy of any site evaluation checklists used to
conduct the assessment.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance.
F.5.f.4. Storm Water Pollution Prevention Plans
(i) Task Description – the Permittee shall develop and implement SWPPPs for
pollutant hotspots at high priority sites. If a Permittee has an existing or equivalent
document such as Hazardous Materials Business Plan or Spill Prevention Plan, the
Permittee is not required to develop a SWPPP if that document includes the
necessary information required within a SWPPP.
(ii) Implementation Level – Within the fourth year of the effective date of this permit,
the Permittee shall implement the following:
(a) The Permittee shall develop and implement a site-specific SWPPP that
identifies a set of storm water BMPs to be installed, implemented, and
maintained to minimize the discharge of pollutants in storm water.
(b) The SWPPP(s) shall be kept on-site at each of the Permittee-owned or
operated facilities’ offices for which it was completed. The SWPPP shall be
updated as necessary.
(c) At a minimum the SWPPP will address the following:
1) Facility specific information (location, owner, address, etc.)
2) Purpose of the document
3) Key staff/contacts at the facility
4) Site map with drainage identified
5) Identification of significant materials that are handled and stored at the
facility that may be exposed to storm water
6) Description of potential pollutant sources
7) BMPs employed at facility
8) Spill control and cleanup – response to spills
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
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and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance.
F.5.f.5. Inspections, Visual Monitoring and Remedial Action
(i) Task Description –Within the fifth year of the effective date of the permit, the
Permittee shall conduct regular inspections of Permittee-owned and operated
facilities not covered by another storm water General Permit. The Permittee
may incorporate storm water inspections into existing, routine facility inspections.
(ii) Implementation Level – The Permittee shall conduct inspections as follows:
(a) Quarterly hotspot visual inspections – Perform quarterly visual inspections in
accordance with the developed standing operating procedures of all hotspot
Permittee-owned or operated facilities to ensure materials and equipment are
clean and orderly, to minimize the potential for pollutant discharge, and to
ensure implementation of BMPs. The Permittee shall look for evidence of
spills and immediately clean them up to prevent contact with precipitation or
runoff. The quarterly inspections shall be tracked in a log for every facility,
and records kept with the SWPPP. The inspection report shall also include
any identified deficiencies and the corrective actions taken to correct the
deficiencies.
(b) Quarterly Hotspot comprehensive inspections – At least once per quarter, a
comprehensive inspection of hotspot facilities, including all storm water BMPs,
shall be performed, with specific attention paid to the following, but not limited
to waste storage areas, dumpsters, vehicle and equipment
maintenance/fueling areas, material handling areas, and similar potential
pollutant-generating areas. The quarterly inspection results shall be
documented and records kept with the SWPPP. This inspection shall be
performed in accordance with the developed standard operating procedures.
The inspection report shall also include any identified deficiencies and the
corrective actions taken to correct deficiencies.
(c) Quarterly Hotspot visual observation of storm water and non-storm water
discharges – At least once per quarter, visually observe discharge location
from hotspot facilities. Where discharges are observed identify any observed
problems (e.g., color, foam, sheen, turbidity) associated with pollutant sources
or BMPs shall be remedied within seven days or before the next storm event,
whichever is sooner. Visual observations shall be documented, and records
kept with the SWPPP. This inspection shall be done in accordance with the
developed standard operating procedures. The inspection report shall also
include any identified deficiencies and the corrective actions taken to correct
the deficiencies.
(d) Non-Hotspot Inspection – At a minimum, inspect each inventoried facility that
is not a hotspot, once per permit term. The inspection shall investigate and
assess each of the items identified above.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
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program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in this
program element see Section F.5.j.2.for compliance.
F.5.f.6. Storm Drain System Assessment and Prioritization
(i) Task Description –Within the second year of the effective date of the permit, the
Permittee shall develop and implement procedures to assess and prioritize the MS4
storm drain system, including but not limited to catch basins, pipe and pump
infrastructure, above-ground conveyances, including receiving waterbodies within the
Permittee's urbanized area and detention basins.
(ii) Implementation Level – The Permittee shall:
Assess/prioritize storm drain system facilities for cleanout– Assign a priority to all
storm drain system facilities within the Permittee's urbanized areas based on
accumulation of sediment, trash and/or debris. In particular, assign high priority to
catch basins meeting the following criteria:
1) Catch basins known to accumulate a significant amount of sediment, trash,
and/or debris;
2) Catch basins collecting large volumes of runoff;
3) Catch basin collecting runoff from area that do not receive regular sweet
sweeping;
4) Catch basins collecting runoff from drainage areas with exposed or
disturbed soil; and
5) Catch basins that receive citizen complaints/reports.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in this
program element see Section F.5.j.2.for compliance.
F.5.f.7. Maintenance of Storm Drain System
(i) Task Description –The Permittee shall begin maintenance of all high priority storm
drain systems at least annually prior to the rainy season.
(ii) Implementation Level – Within the third year of the effective date of the permit, the
Permittee shall begin a maintenance program of high priority storm drain systems that,
at a minimum includes:
(a) Storm drain systems inspection – Based on the priorities assigned above, in
Section F.5.f.6, develop a strategy to inspect storm drain systems within the
Permittee's jurisdiction. At a minimum, inspect all catch basins of high priority
systems annually, prior to the rainy season.
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(b) Storm drain cleaning – Develop and implement a schedule to clean high
priority catch basins and other systems. Cleaning frequencies shall be based
on priority areas, with higher priority areas receiving more frequent
maintenance.
(c) Maintenance of surface drainage structures –Visually monitor all Permittee-
owned open channels, detention basins, and other drainage structures for
debris at least once per year and identify and prioritize problem areas. At a
minimum, removal of trash and debris from open channels and other drainage
structures shall occur annually.
(d) Disposal of waste materials - Develop a procedure to dewater and dispose of
materials extracted from catch basins. This procedure shall ensure that water
removed during the catch basin cleaning process and waste material will not
reenter the MS4.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in this
program element see Section F.5.j.2.for compliance.
F.5.f.8. Permittee Operations and Maintenance Activities (O&M)
(i) Task Description –The Permittee shall assess their O&M activities for potential
to discharge pollutants in storm water and inspect all BMPs on a quarterly basis.
(ii) Implementation Level - Within the third year of the effective date of the permit,
the Permittee shall:
(a) Develop and implement O&M activity assessment. The O&M activities
assessment shall include, but not be limited to, the potential to
discharge pollutants in storm water.
(b) Identify all materials that could be discharged from each of these O&M
activities.
(c) Develop and implement a set of BMPs that, when applied during Permittee
O&M activities, will reduce the discharge of pollutants in storm water. The
Permittee shall use the CASQA Municipal Handbook or equivalent.
(d) Evaluate annually all BMPs implemented during O&M activities.
(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
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water program. If a Permittee is unable to certify compliance with a requirement in
this program element see Section F.5.j.2.for compliance.
F.5.f.9. Pesticide, Herbicide, and Fertilizer Application and New Landscape Design
and Maintenance Management
(i) Task Description –The Permittee shall implement a program which focuses on
pollution prevention, source control BMPs, and landscape design and maintenance to
reduce the amount of pesticides, herbicides and fertilizers used during their Permittee
operations and activities. The Permittee shall implement the landscape design and
maintenance on new or decorative landscapes.
(ii) Implementation Tasks – Within the second year of the effective date of the permit,
the Permittee shall implement the following:
(a) Evaluate pesticides, herbicides and fertilizers used and application activities
performed to identify pollution prevention and source control opportunities.
(b) Implement practices that reduce the discharge of pesticides, herbicides and
fertilizers. At a minimum the Permittee shall do the following, but not limited
to:
1) Educate applicators and distributors of storm water issues.
2) Implement integrated pest management measures that rely on non-
chemical solutions, including:
a) Use of native and climate appropriate plants (reduces water usage and
fertilization) for decorative landscape applications
b) Keeping clippings and leaves away from waterways and out of the
street using mulching, composting, or landfilling
c) Preventing application of pesticides and fertilizers when two or more
consecutive days with greater than 50% chance of rainfall are predicted
by NOAA34
d) Limiting or replacing herbicide and pesticide use (e.g., conducting
manual weed and insect removal)
e) Limiting or eliminating the use of fertilizers, including prohibiting
application within five feet of pavement, 25 feet of a storm drain inlet, or
50 feet of a water body
f) Reducing mowing of grass to allow for greater pollutant removal, but not
jeopardizing public safety
3) Collect and properly dispose of unused pesticides, herbicides, and
fertilizers.
4) Minimize irrigation run-off.
(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
34 www.srh.noaa.gov/forecast
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water program. If a Permittee is unable to certify compliance with a requirement in this
program element see Section F.5.j.2.for compliance.
F.5.g. POST CONSTRUCTION STORM WATER MANAGEMENT PROGRAM
Permittees shall regulate development to comply with the following Sections:
F.5.g.1. Site Design Measures
F.5.g.2. Low Impact Development Design Standards
F.5.g.3. Alternative Post-Construction Storm Water Management Program
F.5.g.4. Operation and Maintenance of Post Construction Storm Water
Management Measures
Non-traditional Permittees with Regional Water Board approved post-construction storm
water management requirements based on a watershed process approach, as described in
Section E.12.j. Post-Construction Storm Water Management Requirements Based on
Assessment and Maintenance of Watershed Processes, shall implement those post-
construction requirements in lieu of Section F.5.g. Post Construction Storm Water
Management Program.
F.5.g.1. Site Design Measures
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall require implementation of site design measures for all projects that
create and/or replace (including projects with no net increase in impervious footprint)
between 2,500 square feet and 5,000 square feet of impervious surface, including
detached single family homes that are not part of a larger plan of development.
(ii) Implementation Level - Projects shall implement one or more of the following site
design measures to reduce project site runoff:
(a) Stream Setbacks and Buffers – a vegetated area including trees, shrubs, and
herbaceous vegetation, that exists or is established to protect a stream
system, lake reservoir, or coastal estuarine area;
(b) Soil Quality Improvement and Maintenance - improvement and maintenance
soil through soil amendments and creation of microbial community;
(c) Tree planting and preservation – planting and preservation of healthy,
established trees that include both evergreens and deciduous, as applicable;
(d) Rooftop and Impervious Area Disconnection - rerouting of rooftop drainage
pipes to drain rainwater to rain barrels, cisterns, or permeable areas instead of
the storm sewer;
(e) Porous Pavement - pavement that allows runoff to pass through it, thereby
reducing the runoff from a site and surrounding areas and filtering pollutants;
(f) Green Roofs – a vegetative layer grown on a roof (rooftop garden);
(g) Vegetated Swales - a vegetated, open-channel management practice
designed specifically to treat and attenuate storm water runoff;
(h) Rain Barrels and Cisterns - system that collects and stores storm water runoff
from a roof or other impervious surface.
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Project proponents shall use the State Water Board SMARTS Post-Construction
Calculator35, or equivalent to quantify the runoff reduction resulting from
implementation of site design measures.
(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of this
program element. The summary shall also address the relationship between the
program element activities and the Permittee's Program Effectiveness Assessment
and Improvement Plan that tracks annual and long-term effectiveness of the storm
water program. If a Permittee is unable to certify compliance with a requirement in this
program element see Section F.5.j.2.for compliance.
F.5.g.2. Low Impact Development (LID) Design Standards
(i) Task Description – Within the second year of the effective date of the permit, the
Permittee shall implement standards to effectively reduce runoff and pollutants
associated with runoff from development projects.
(ii) Implementation Level - The Permittee shall regulate all development projects
that create and/or replace 5,000 square feet or more of impervious surface
(Regulated Projects). The Permittee shall require these Regulated Projects to
implement measures for site design, source control, runoff reduction, storm water
treatment and baseline hydromodification management as defined in this Order.
Regulated Projects do not include:
(a) Interior remodels;
(b) Routine maintenance or repair such as: exterior wall surface replacement,
roof replacement or pavement resurfacing within the existing footprint.
Regulated Projects include development projects. Development includes new and
redevelopment projects on public or private land that fall under the planning and
permitting authority of a Permittee. Redevelopment is any land-disturbing activity that
results in the creation, addition, or replacement of exterior impervious surface area on
a site on which some past development has occurred. The following (a-c) describe
specific Regulated Project requirements for redevelopment and road projects:
(a) Where a redevelopment project results in an increase of more than 50
percent of the impervious surface of a previously existing development, runoff
from the entire project, consisting of all existing, new, and/or replaced
impervious surfaces, must be included to the extent feasible.
(b) Where a redevelopment project results in an increase of less than 50 percent
of the impervious surface of a previously existing development, only runoff
from the new and/or replaced impervious surface of the project must be
included.
35 The State Water Board SMARTS Post-Construction Calculator can be found at:
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp
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(c) Road Projects - Any of the following types of road projects that create 5,000
square feet or more of newly constructed contiguous impervious surface and
that are public road projects and/or fall under the building and planning
authority of a Permittee shall comply with Low Impact Development
Standards except that treatment of runoff of the 85th percentile 24-hour storm
runoff event) that cannot be infiltrated onsite shall follow U.S. EPA guidance
regarding green infrastructure to the extent feasible. Types of projects
include:
(1) Construction of new streets or roads, including sidewalks and bicycle
lanes built as part of the new streets or roads which create 5,000 square
feet or more of impervious surface.
(2) Widening of existing streets or roads with additional traffic lanes.
a) Where the addition of traffic lanes results in an alteration of more than
50 percent of the impervious surface (5,000 square feet or more) of an
existing street or road, runoff from the entire project, consisting of all
existing, new, and/or replaced impervious surfaces, must be included
in the treatment system design.
b) Where the addition of traffic lanes results in an alteration of less than
50 percent (but 5,000 square feet or more) of the impervious surface of
an existing street or road, only the runoff equivalent from new and/or
replaced impervious surface of the project must be included in the
treatment system design.
(3) Specific exclusions are:
a) Sidewalks built as part of new streets or roads and built to direct storm
water runoff to adjacent vegetated areas.
b) Bicycle lanes that are built as part of new streets or roads that direct
storm water runoff to adjacent vegetated areas.
c) Impervious trails built to direct storm water runoff to adjacent vegetated
areas, or other non-erodible permeable areas, preferably away from
creeks or towards the outboard side of levees.
(d) Sidewalks, bicycle lanes, or trails constructed with permeable surfaces.
Effective Date for Applicability of Low Impact Development Runoff Standards to
Regulated Projects: By the second year of the effective date of the permit, the
Permittee shall require these Post-Construction Standards be applied on applicable
new and redevelopment Regulated Projects. These include Regulated Projects that
have not been deemed complete for processing, Regulated Projects without vesting
tentative maps that have not requested and received an extension of previously
granted approvals, and Regulated Projects that have received Project Planning Guide
funding. Discretionary projects that have been deemed complete prior to the second
year of the effective date of this permit are not subject to the Post-Construction
Standards herein. For the Permittee's Regulated Projects, the effective date shall be
the date their governing body or designee approves initiation of the project design.
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Permittee’s Development Projects - The Permittee shall develop and implement an
equivalent approach, to the approach used for private development projects, to apply
the most current version of the low impact development runoff standards to applicable
public development projects.
Where Project Planning Guide funding is applicable, Permittees shall ensure that
adequate funding is available to implement post-construction treatment measures for
Regulated Projects approved after the effective date of this permit.
Where State of California project approvals are applicable, Permittees shall implement
post-construction treatment measures for Regulated Projects approved after the
effective date of this permit.
F.5.g.2.a. Source Control Measures
(i) Task Description – Regulated Projects with pollutant-generating activities and
sources shall be required to implement standard permanent and/or operational
source control measures as applicable.
(ii) Implementation Level - Measures for the following pollutant-generating activities
and sources shall be designed consistent with recommendations from the CASQA
Stormwater BMP Handbook for New Development and Redevelopment or
equivalent manual, and include:
(a) Accidental spills or leaks
(b) Interior floor drains
(c) Parking/Storage area maintenance
(d) Indoor and structural pest control
(e) Landscape/outdoor pesticide use
(f) Pools, spas, ponds, decorative fountains, and other water features
(g) Restaurants, grocery stores, and other food service operations
(h) Storage and handling of solid waste
(i) Outdoor storage of equipment or materials
(j) Vehicle and equipment cleaning
(k) Vehicle and equipment repair and maintenance
(l) Fuel dispensing areas
(m) Loading docks
(n) Fire sprinkler test water
(o) Drain or wash water from boiler drain lines, condensate drain lines, rooftop
equipment, drainage sumps, and other sources
(p) Unauthorized non-storm water discharges
(q) Building and grounds maintenance
F.5.g.2.b. Numeric Sizing Criteria for Storm Water Retention and Treatment
The Permittees shall require facilities designed to evapotranspire, infiltrate,
harvest/use, and biotreat storm water to meet at least one of the following hydraulic
sizing design criteria:
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(1) Volumetric Criteria:
a) The maximized capture storm water volume for the tributary area, on the
basis of historical rainfall records, determined using the formula and
volume capture coefficients in Urban Runoff Quality Management, WEF
Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998) pages
175-178 (that is, approximately the 85th percentile 24-hour storm runoff
event); or
b) The volume of annual runoff required to achieve 80 percent or more
capture, determined in accordance with the methodology in Section 5 of
CASQA’s Stormwater Best Management Practice Handbook, New
Development and Redevelopment (2003), using local rainfall data.
(2) Flow-based Criteria
a) The flow of runoff produced from a rain event equal to at least 0.2 inches
per hour intensity; or
b) The flow of runoff produced from a rain event equal to at least 2 times the
85th percentile hourly rainfall intensity as determined from local rainfall
records.
F.5.g.2.c. Site Design Measures as defined in Section F.5.g.1. shall be based on the
objective of achieving infiltration, evapotranspiration and/or harvesting/reuse of the 85th
percentile rainfall event, to the extent feasible, to meet Section F.5.g.2.b. Numeric
Sizing Criteria for Storm Water Retention and Treatment. Site design measures shall
be used to reduce the amount of runoff, to the extent technically feasible, for which
retention and runoff is required. Any remaining runoff from impervious DMAs may then
be directed to one or bioretention facility as specified in Section F.5.g.2.d. Storm Water
Treatment Measures and Baseline Hydromodification Management Measures,
described below.
F.5.g.2.d. Storm Water Treatment Measures and Baseline Hydromodification
Management Measures After implementation of Site Design Measures in F.5.g.2.c.,
runoff from remaining impervious DMAs must be directed to one or more facilities
designed to infiltrate, evapotranspire, and/or biotreat the amount of runoff specified in
Section F.5.g.2.b. Numeric Sizing Criteria for Storm Water Retention and Treatment.
The facilities must be demonstrated to be at least as effective as a bioretention system
with the following design parameters.
(1) Maximum surface loading rate of 5 inches per hour, based on the flow rates
calculated. A sizing factor of 4% of tributary impervious area may be used.
(2) Minimum surface reservoir volume equal to surface area times a depth of 6
inches.
(3) Minimum planting medium depth of 18 inches. The planting medium must
sustain a minimum infiltration rate of 5 inches per hour throughout the life of
the project and must maximize runoff retention and pollutant removal. A
mixture of sand (60%-70%) meeting the specifications of American Society for
Testing and Materials (ASTM) C33 and compost (30%-40%) may be used.
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(4) Subsurface drainage/storage (gravel) layer with an area equal to the surface
area and having a minimum depth of 12 inches.
(5) Underdrain with discharge elevation at top of gravel layer.
(6) No compaction of soils beneath the facility, or ripping/loosening of soils if
compacted.
(7) No liners or other barriers interfering with infiltration.
(8) Appropriate plant palette for the specified soil mix and maximum available
water use.
a) Alternative Designs for Bioretention Facilities — Facilities, or a combination of
facilities, of a different design than in Section F.5.g.2.d. may be permitted if the
following measures of equivalent effectiveness are demonstrated:
(1) Equal or greater amount of runoff infiltrated or evapotranspired
(2) Equal or lower pollutant concentrations in runoff that is discharged
after bioretention
(3) Equal or greater protection against shock loadings and spills
(4) Equal or greater accessibility and ease of inspection and maintenance
b) Allowed Adjustments for Bioretention Facilities for Special Site Conditions -
The bioretention design parameters as specified in Section F.5.g.2.d. may be
adjusted for the following special site conditions:
(1) Facilities located within 10 feet of structures or other potential
geotechnical hazards established by the geotechnical expert for the
project may incorporate an impervious cutoff wall between the
bioretention facility and the structure or other geotechnical hazard.
(2) Facilities in areas with documented high concentrations of pollutants
in underlying soil or groundwater, facilities located where infiltration
could contribute to a geotechnical hazard, and facilities located on
elevated plazas or other structures may incorporate an impervious
liner and may locate the underdrain discharge at the bottom of the
subsurface drainage/storage layer (this configuration is commonly
known as a “flow-through planter”).
(3) Facilities located in areas of highly infiltrative soils or high
groundwater, or where connection of underdrain to a surface drain or
to a subsurface storm drain are infeasible, may omit the underdrain.
c) Exceptions to Requirements for Bioretention Facilities - Contingent on a
demonstration that use of bioretention or a facility of equivalent effectiveness is
infeasible, other types of biotreatment or media filters (such as tree-box-type
biofilters or in-vault media filters) may be used for the following:
(1) Projects creating or replacing an acre or less of impervious area, and
located in a designated pedestrian-oriented commercial district (i.e.,
smart growth projects), and having at least 85% of the entire project
site covered by permanent structures;
(2) Facilities receiving runoff solely from existing (pre-project) impervious
areas;
(3) Historic sites, structures, or landscapes that cannot alter their original
configuration in order to maintain their historic integrity.
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(iii) Reporting – The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section F.5.j.2.for compliance.
F.5.g.3. Alternative Post-Construction Storm Water Management Program
A Permittee may propose alternative post-construction measures in lieu of some or
all of Section F.5.g. requirements for multiple benefit projects. Multiple-benefit
projects include projects that may address any of the following, in addition to water
quality: water supply, flood control, habitat enhancement, open space preservation,
recreation, climate change. Multiple-benefit projects may be applied at various
scales including project site, municipal or sub-watershed level. Multiple-benefit
projects may include, but are not limited to, projects developed under Watershed
Improvement Plans (Water Code §16100 et seq.), IRWMP implementation and
green infrastructure projects. Multiple benefit projects must be equally or more
protective of water quality than Section E.12. requirements.
The Regional Water Board or the Executive Officer may approve alternative post-
construction measures for multiple-benefit projects, as described above, after an
opportunity for public comment, if the Regional Water Board or Executive Officer
finds that the alternative measures are consistent with the MEP standard.
F.5.g.4. Operation and Maintenance (O&M) of Post-Construction Storm Water
Management Measures
(i) Task Description –Within the third year of the effective date of the permit, the
Permittee shall implement an O&M Verification Program for new development
projects regulated under this Order.
(ii) Implementation Level – At a minimum, the O&M Verification Program shall include
the following elements:
(a) Projects shall at a minimum, require at least one of the following from all
project proponents and their successors in control of the Project or successors
in fee title:
(1)Written conditions in the sales or lease agreements or deed for the
project that requires the buyer or lessee to assume responsibility for
the O&M of the installed treatment system(s) and hydromodification
control(s) (if any) until such responsibility is legally transferred to
another entity;
(2) Any other legally enforceable agreement or mechanism, such as
recordation in the property deed, that assigns the O&M responsibility
for the installed treatment system(s) and hydromodification control(s)
(if any) to the project owner(s) or the Permittee.
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(b) Coordination with the appropriate mosquito36 and vector control agency with
jurisdiction to establish a protocol for notification of installed treatment systems
and hydromodification management controls. On an annual basis, before the
wet season, prepare a list of newly installed (installed within the reporting
period) storm water treatment systems and hydromodification management
controls to the local mosquito and vector control agency and the appropriate
Regional Water Board. This list shall include the facility locations and a
description of the storm water treatment measures and hydromodification
management controls installed.
(c) A database or equivalent tabular format of all projects that have installed
treatment systems. This database or equivalent tabular format shall include
the following information for each project:
(1) Name and address of the project;
(2) Specific description of the location (or a map showing the location) of
the installed treatment system(s) and hydromodification control(s) (if
any);
(3) Date(s) that the treatment system(s) and hydromodification controls
(if any) is/are installed;
(4) Description of the type and size of the treatment system(s) and
hydromodification control(s) (if any) installed;
(5) Responsible operator(s) of each treatment system and
hydromodification control (if any);
(6) Dates and findings of inspections (routine and follow-up) of the
treatment system(s) and hydromodification control(s) (if any) by the
Permittee; and
(7) Any problems and corrective or enforcement actions taken.
(d) Maintenance Approvals: The Permittee shall ensure that systems and
hydromodification controls installed at projects are properly operated and
maintained for the life of the projects. In cases where the responsible party for
a treatment system or hydromodification control has worked diligently and in
good faith with the appropriate State and federal agencies and the Permittee
to obtain approvals necessary to complete maintenance activities for the
treatment system or hydromodification management control, but these
approvals are not granted, the Permittee shall be deemed to be in compliance
with this Provision.
(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a
summary of the past year activities and certify compliance with all requirements of
this program element. The summary shall also address the relationship between
the program element activities and the Permittee's Program Effectiveness
Assessment and Improvement Plan that tracks annual and long-term effectiveness
of the storm water program. If a Permittee is unable to certify compliance with a
requirement in this program element see Section F.5.j.2.for compliance.
36 “Best Management Practices for Mosquito Control on California State Properties” are available from the
California West Nile virus website at http://www.westnile.ca.gov/resources.php. Please see Table 1, page
22, for a list of California mosquito control agencies or visit http://mvcac.org .
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F.5.h. PROGRAM EFFECTIVENESS ASSESSMENT AND IMPROVEMENT
F.5.h.1. Program Effectiveness Assessment and Improvement Plan
(i) Task Description - The Permittee shall develop and implement a Program
Effectiveness Assessment and Improvement Plan that tracks short and long-term
progress of the storm water program. The Program Effectiveness Assessment and
Improvement Plan will assist the Permittee to adaptively manage its storm water
program and make necessary modifications to the program to improve program
effectiveness, reduce pollutants of concern, achieve the MEP standard, and protect
water quality, and to document the Permittee’s compliance with permit conditions.
The Program Effectiveness Assessment and Improvement Plan shall identify the
strategy used to gauge the effectiveness of prioritized BMPs and program
implementation as a whole. Prioritized BMPs include BMPs implemented based on
pollutants of concern. Where pollutants of concern are unidentified, prioritized
BMPs are based on common pollutants of concern (i.e., sediment, bacteria, trash,
nutrients). The effectiveness assessments will build upon each other from one year
to the next and shall identify modifications to the program the Permittee must
undertake to improve effectiveness.
(ii) Implementation Level - The Program Effectiveness Assessment and Improvement
Plan may be modeled upon the most recent version (if applicable) Municipal Storm
Water Program Effectiveness Assessment Guidance (CASQA, May 2007) or
equivalent.
(a) The Program Effectiveness Assessment and Improvement Plan shall include
the following minimum elements:
(1) Implementation of storm water program elements
(2) Identification and targeting of Target Audience(s)
(iii) Reporting - By the second year Annual Report complete and submit the Program
Effectiveness Assessment and Improvement Plan. At a minimum, the Plan shall
include implementation of storm water program elements and identification of the
Targeted Audience(s).
F.5.h.2 Storm Water Program Modifications
(i) Task Description – Within the fifth year of the effective date of the permit, based
on the information gained from the effectiveness assessment, the Permittee shall
identify modifications to control measures/significant activities, including new BMPs
or modification to existing BMPs. The Permittee shall consult with the Regional
Water Board in setting expectations for the scope, timing, and frequency of BMP
modifications for the next permit cycle.
(ii) Implementation Level –The Permittee shall identify program modifications to
include:
(a) Improving upon BMPs that did not accomplish goals;
(b) Continuing and expanding upon BMPs that proved to be effective, including
identifying new BMPs or modifications to existing BMPs designed to increase
pollutant load reductions;
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(c) Discontinuing BMPs that may no longer be productive and replacing with more
effective BMPs; and
(d) Shifting priorities to make more effective use of resources
(iii) Reporting – By the fifth year Annual Report complete and have available a list of
maintenance activities of highest priority BMPs. By the fifth year Annual Report,
complete and have available a summary of proposed modifications to the storm
water program to improve program effectiveness, to achieve the MEP standard, and
to protect water quality.
F.5.i. TOTAL MAXIMUM DAILY LOADS COMPLIANCE REQUIREMENTS
F.5.i.1. The Permittee shall comply with all applicable TMDLs approved pursuant to 40
Code of Federal Regulations § 130.7 that assign a Waste Load Allocation to the
Permittee and that have been identified in Attachment G.
F.5.i.2. Waste Load Allocations (WLA), Load Allocations (LA), effluent limitations,
implementation requirements, and monitoring requirements are specified in the
adopted and approved Regional Water Board Basin Plans and authorizing
resolutions which are incorporated herein by reference as enforceable parts of
this Order. Applicable Basin Plan amendments and resolutions are identified in
Attachment G. With the exception of the TMDLs for the Los Angeles Regional
Water Board, Attachment G additionally contains a list of TMDL-specific permit
requirements developed by the Regional Boards for compliance with the
implementation requirements of the relevant TMDLs. These requirements are
an enforceable component of this Order. In some cases, dates are given that
fall outside the term of this Order. Compliance dates that have already passed
are enforceable on the effective date of this Order. Compliance dates that
exceed the term of this Order are included for reference, and become
enforceable in the event that this Order is administratively extended.
F.5.i.3. The Regional Water Boards are directed to review, within one year of the
effective date of this Order, the TMDL-specific permit requirements contained in
Attachment G and to propose to the State Water Board any appropriate
revisions after consultation with the Permittees and State Water Board staff.
The Los Angeles Regional Water Board will develop TMDL-specific permit
requirements within one year of the effective date of this Order in consultation
with the Permittees and State Water Board staff. Any proposed revisions by the
Regional Water Boards shall be supported by a statement of reasons explaining
how the proposed TMDL-specific permit requirements are consistent with the
assumptions and requirements of applicable WLAs and with the goals of the
TMDL. The State Water Board will incorporate into this Order any necessary
revisions, including the statements of reasons through a reopener. The State
Water Board may additionally revise this Order through a reopener to
incorporate any modifications or revisions to the TMDLs in Attachment G, or to
incorporate any new TMDLs adopted during the term of this General Permit that
assign a WLA to the Permittee or that identify the Permittee as a responsible
party. Where a TMDL is limited to a single constituent within a single reach of
the watershed, the Regional Water Board Executive Officer may require
additional monitoring, per Water Code § 13383. In revising Attachment G, the
State Water Board will allow adequate notice and public review.
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F.5.i.4. The Permittee shall complete and have available a report that includes the status
of their implementation of the specific TMDL implementation requirements that
have been incorporated into the Order with each Annual Report. The TMDL
implementation report shall include the following information:
(a) A description of BMPs implemented, including types, number, and locations
(b) An assessment of the effectiveness of implemented BMPs in progressing
towards attainment of wasteload allocations within the TMDLs’ specified
timeframes
(c) All monitoring data, including a statistical analysis of the data to assess
progress towards attainment of wasteload allocations within the TMDLs’
specified timeframes
(d) Based on results of the effectiveness assessment and monitoring, a
description of the additional BMPs that will be implemented to attain
wasteload allocations within the TMDLs/ specified timeframes
F.5.i.5. The Permittee shall comply with implementation requirements specified in
Category 4b demonstrations associated with Clean Water Act Sections 303d,
306b, and 314 Integrated Reporting and Listing Decisions. Implementation
requirements described in Category 4b demonstrations are effective upon
Regional Water Board approval of that region’s Integrated Reporting and Listing
Decisions and associated Category 4b demonstrations.
F.5.j. ONLINE ANNUAL REPORTING
F.5.j.1. Department of Defense and Department of Corrections, ports, transportation
agencies and Rehabilitation Permittees are exempt from Annual Reporting of
any provision that could pose a security risk and compromise facility security.
Any requested information to determine compliance with this Order [40 C.F.R.
122.41(h)] by the Water Boards or U.S. EPA shall be furnished during normal
business hours.
F.5.j.2. The Permittee shall use State Water Board’s SMARTS to submit a summary of
the past year activities for each program element and certify compliance with all
requirements of this permit. If a Permittee is unable to certify compliance with a
requirement, it must submit in SMARTS the reason for failure to comply, a
description and schedule of tasks necessary to achieve compliance, and an
estimated date for achieving full compliance.
F.5.j.3. Permittees shall complete and retain all Annual Report information on the
previous fiscal year beginning July 1 and ending June 30. The Annual
Reporting requirements are set forth in Provisions E. The Permittee shall retain
documentation as necessary to support their Annual Report. The Permittee
shall make this supporting information available during normal business hours,
unless agreed to by the Regional Water Board’s Executive Officer.
F.5.j.4. The Permittee shall submit when requested by the Executive Officer of the
applicable Regional Water Board a detailed written online annual report or in-
person presentation of the annual report that addresses the activities described
in Provision F. The detailed Annual Report must clearly refer to the permit
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requirements and describe in quantifiable terms, the status of activities
undertaken to comply with each requirement.
F.5.j.5. Permittees involved in regional programs may coordinate with the members to
identify reporting responsibility. The one report submitted on behalf of
Permittees involved in a regional program must include a summary of the past
year activities implemented for each program element and certification of
compliance for each of the Permittees in the regional program.
G. REGIONAL WATER BOARD AUTHORITIES
Regional Water Boards are responsible for overseeing compliance with this Order.
Oversight may include, but is not limited to, reviewing reports, requiring modification to
storm water program components and various submissions, imposing region-specific
monitoring requirements, conducting inspections and program evaluations (audits),
taking enforcement actions against violators of this Order. Permittees shall modify and
implement their storm water management programs and monitoring as required by the
Regional Water Board Executive Officer. The Regional Water Board may designate
additional Small MS4s as Regulated Small MS4s under this Order consistent with the
criteria articulated in Finding 24 of this Order. Such designations must be approved by
the Regional Water Board following public review and comment. The Executive Director
of the State Water Board may amend Attachments A and B to add Regional Water
Board designations. The Regional Water Boards may also issue individual permits to
Regulated Small MS4s, and alternative general permits to categories of Regulated Small
MS4s. Upon issuance of such permits by a Regional Water Board, this Order shall no
longer regulate the affected Small MS4(s).
H. DISPUTE RESOLUTION
In the event of a disagreement between a Permittee or other interested party and a
Regional Water Board over the interpretation or implementation of any provision of this
Order, a Permittee or interested party shall first attempt to resolve the issue with the
Executive Officer of the Regional Water Board. If a satisfactory resolution is not
obtained at the Regional Water Board level, a Permittee or interested party may submit
the issue in writing to the Executive Director of the State Water Board or his designee for
resolution, with a copy to the Executive Officer of the Regional Water Board. The issue
must be submitted to the Executive Director within thirty days of any final determination
by the Executive Officer of the Regional Water Board; after thirty days the Permittee or
interested party will be deemed to have accepted the Regional Water Board Executive
Officer’s determination. The Executive Officer of the Regional Water Board will be
provided an opportunity to respond. The Executive Director or his/her designee shall
make a determination on the request within 60 days. Determinations of the Regional
Water Board Executive Officers in interpreting and implementing this permit are
considered actions of the State Water Board except where the Regional Water Board
itself acts or the Executive Officer acts under Water Code Sections 13300, 13304, or
13383.
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I. PERMIT RE-OPENER
This Order may be modified, revoked and reissued, or terminated for cause due to
promulgation of amended regulations, receipt of U.S. EPA guidance concerning
regulated activities, judicial decision, or in accordance with 40 Code of Federal
Regulations 122.62, 122.63, 122.64, and 124.5. The State Board may additionally
reopen and modify this Order at any time prior to its expiration under any of the following
circumstances:
1. Present or future investigations demonstrate that the discharge(s) regulated by this
Order may have the potential to cause or contribute to adverse impacts on water
quality and/or beneficial uses.
2. New or revised Water Quality Objectives come into effect, or any TMDL is adopted
or revised that is applicable to the Permittees
3. TMDL-specific permit requirements for adopted TMDLs are developed or revised by
a Regional Water Board for incorporation into this Order.
4. The State Water Board determines, after opportunity for public comment and a public
workshop, that revisions are warranted to those provisions of the Order addressing
compliance with water quality standards in the receiving water or those provisions of
the Order laying out an iterative process for implementation of management
practices to achieve compliance with water quality standards in the receiving water.
5. The State Board completes the delineation of statewide watershed management
zones based on watershed processes and the development of watershed based
criteria for hydromodification measures.
6. The State Water Board completes the statewide policy for trash control in California’s
waterways.
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J. PERMIT EXPIRATION
This Order expires on June 30, 2018. If this Order is not reissued or replaced prior to
the expiration date, it will be administratively continued in accordance with 40 Code of
Federal Regulations section 122.6 and remain in full force and effect. If you wish to
continue an activity regulated by this Order after the expiration date of this Order, you
must apply for and obtain authorization as required by the new permit once it is issued.
CERTIFICATION
The undersigned, Clerk to the Board, does hereby certify that the foregoing is a full, true, and
correct copy of an order duly and regularly adopted at a meeting of State Water Board held on
February 5, 2013.
AYE: Chairman Charles R. Hoppin
Vice Chair Frances Spivy-Weber
Board Member Tam M. Doduc
Board Member Steven Moore
Board Member Felicia Marcus
NAY: None
ABSENT: None
ABSTAIN: None
Jeanine Townsend
Clerk to the Board