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Home My WebLink AboutFinalTrashAmendments_LtrToSWRCB_20150401is0 Office of the City Council 990 Palm Street, San Luis Obispo, CA 93401-3249 805.781.7114 1 111i[1 b1(1 April 1, 2015 Felicia Marcus, Chair State Water Resources Control Board P.O. Box 100 Sacramento, CA 95812-0100 Via e-mail Chairperson Marcus, The City of San Luis Obispo supports clean waterways. We respectfully request that the State Water Resources Control Board not adopt the proposed Final Trash Amendments on April 7, 2015, and instead consult with stakeholders to develop a more strategic and cost- effective approach that focuses regulatory requirements on areas with documented trash problems originating from the storm drain system. If the State Water Resources Control Board moves forward with the adoption hearing on April 7, 2015, we respectfully request that the Board include the attached changes to improve the workability of the proposed Final Trash Amendments. These edits were arrived at through collaboration with the State Water Resources Control Board and in conjunction with the California Stormwater Quality Association and would address some of our City's key concerns. These changes will provide much needed flexibility to communities in developing a more strategic and cost-effective approach that focuses action and resource expenditures on areas with verified trash problems originating from the storm drain system. We thank the State Water Resources Board members for their dedication to protecting the waterways of our State. The City of San Luis Obispo supports these changes that will be presented at the April 7, 2015 hearing. Sincerely, Pq&LX_-11 an Marx City of San Luis Obispo, Mayor Attachment 1 Draft text of the final Part 1 Trash Provisions Amendments proposed to Chapter IV - Implementation of Water Quality Objectives of the ISWEBE Plan 3. Dischargers Permitted Pursuant to Federal Clean Water Act Section 402(p) PERMITTING AUTHORITIES shall include the following requirements in NPDES permits issued pursuant to Federal Clean Water Act section 402(p): a. MS4 permittees with regulatory authority over PRIORITY LAND USES shall be required to comply with the prohibition of discharge in Chapter IV.BA.2.a herein by eitheFone or a combination of the following measures: 1) Track 1: Install, operate, and maintain FULL CAPTURE SYSTEMS or l )'\N IMPACT DEVELOPMENT CONTROLS for all storm drains that captures runoff from one or more of the PRIORITY LAND USES in their jurisdictions; or 2) Track 2: Install, operate, and maintain any combination of FULL CAPTURE SYSTEMS, MULTI -BENEFIT PROJECTS, other TREATMENT CONTROLS, and/or INSTITUTIONAL CONTROLS within either the jurisdiction of the MS4 permittee or within the jurisdiction of the MS4 permittee and contiguous MS4 permittees. The MS4 permittee shall demonstrate that such combination achieves FULL CAPTURE SYSTEM EQUIVALENCY for PRIORITY LAND USES. The MS4 permittee may determine which controls to implement to achieve compliance with the FULL CAPTURE SYSTEM EQUIVALENCY for PRIORITY LAND USES. It is, however, the State Water Board's expectation that the MS4 permittee will elect to install FULL CAPTURE SYSTEMS where such installation is not cost -prohibitive. 3 Provide monitonnq data to demonstrate TRASH from PRIORITY LAND USE(s) or portion(s) of the PRIORITY LAND USE(s) that could be discharged through the MS4 is not present in amounts that could adversely affect beneficial uses or cause nuisance in receiving waters PRIORITY LAND USE(s) or portion thereof where information demonstrates the area is in the Optimal or Suboptimal category based on the visual assessment portion of the Surface Water Ambient Monitoring Program Rapid Trash Assessment Protocol, in Category A or B under the Keep America Beautiful Index, orequivalent method applied to land areas or that trash is present in amounts less than discharaed from PRIORITY LAND USES treated by FULL CAPTURE SYSTEMS or LOW - IMPACT DEVELOPMENT CONTROLS shall be deemed in compliance with the discharge prohibition and be exempted from implementing Track 1 or Track 2 requirements A minimum of six samples that capture seasonal variability are needed to demonstrate compliance for the PRIORITY LAND USE(s) or portion(s) thereof. Draft text of the final Part 1 Trash Provisions Amendments proposed to Appendix A: Glossary of the ISWEBE Plan FULL CAPTURE SYSTEM: A TREATMENT CONTROL (either a single device or a series March 27, 2015 1 Attachment 1 of devices) that traps all particles that are 5 mm or greater, and has a design treatment capacity that is either: a) of not less than the peak flow rate, Q, resulting from Proposed a one-year, one-hour, storm in the subdrainage area, or b) appropriately sized to, and designed to carry at least the same flows as, the corresponding storm drain. Rational equation is used to compute the peak flow rate: Q = C Ia, where Q = design flow rate (cubic feet per second, cfs); C = runoff coefficient (dimensionless); I = design rainfall intensity (inches per hour, as determined per the rainfall isohyetal map specific to each region, and A = subdrainage area (acres).] Prior to installation, FULL CAPTURE SYSTEMS must be certified by the Executive Director, or designee, of the State Water Board. Uncertified FULL CAPTURE SYSTEMS will not satisfy the requirements of these TRASH PROVISIONS. To request certification, a permittee shall submit a certification request letter that includes all relevant supporting documentation to the State Water Board's Executive Director. The Executive Director, or designee, shall issue a written determination approving or denying the certification of the proposed FULL CAPTURE SYSTEM or conditions of approval, including a schedule to review and reconsider the certification. FULL CAPTURE SYSTEMS certified by the Los Angeles Regional Water Board prior to the effective date of these TRASH PROVISIONS and FULL CAPTURE SYSTEMS listed in Appendix I of the Bay Area -wide Trash Capture Demonstration Project, Final Project Report (May 8, 2014), and Treatment Controls TC -10, 1 C-11 _ TC -12, fC-22, I'C-32. and T('1-40 from the CASQA New Development and Redevelopment BMP Handbook :-cessors de5i_ ee# tr 7 eet the tr control criteria, will satisfy the requirements of these TRASH PROVISIONS, unless the Executive Director, or designee, of the State Water Board determines otherwise. FULL CAPTURE SYSTEM EQUIVALENCY: The TRASH load that would be reduced if FULL CAPTURE SYSTEMS were installed, operated, and maintained for all storm drains that capture runoff from the relevant areas of land (PRIORITY LAND USES, SIGNIFICANT TRASH GENERATING AREAS, facilities or sites regulated by NPDES permits for discharges of STORM WATER associated with industrial activity, or specific land uses or areas that generate substantial amounts of TRASH, as applicable). The FULL CAPTURE SYSTEM EQUIVALENCY is a TRASH load reduction target that the permittee quantifies by using an approach, and technically acceptable and defensible assumptions and methods for applying the approach, subject to the approval of PERMITTING AUTHORITY. Examples of suGh acceptable approaches include but are not limited to: M Visual Assessment Approach. Conduct visual assessments of TRASH in PRIORITY LAND USE(s) or portion(s) of PRIORITY LAND USE(s) being addressed by Track 2 to demonstrate the amount of trash that could be discharged through the MS4 is not present in amounts that could adversely affect beneficial uses or cause nuisance in receiving waters Visual Assessment Approaches that would demonstrate FULL CAPTURE SYSTEM EQUIVALENCY include a demonstration that the land area is in the Optimal or Subootimal category based on the visual assessment portion of the Surface Water Ambient Monitoring Program Rapid Trash Assessment Protocol or equivalent method, or that TRASH is present in amounts less than discharged from PRIORITY LAND USES treated by FULL CAPTURE SYSTEMS or LOW IMPACT DEVELOPMENT CONTROLS. LQ Trash Capture Rate Approach. Directly measure or otherwise determine the amount March 27, 2015 2 Attachment 1 of TRASH captured by FULL CAPTURE SYSTEMS for representative samples of all similar types of land uses, facilities, or areas within the relevant areas of land over time to identify specific TRASH capture rates. Apply each specific TRASH capture rate across all similar types of land uses, facilities, or areas to determine FULL CAPTURE SYSTEM EQUIVALENCY. TRASH capture rates may be determined either through a pilot study or literature review. FULL CAPTURE SYSTEMS selected to evaluate TRASH capture rates may cover entire types of land uses, facilities, or areas, or a representative subset of types of land uses, facilities, or areas. With this approach, FULL CAPTURE SYSTEM EQUIVALENCY is the sum of the products of each type of land use, facility, or area multiplied by TRASH capture rates for that type of land use, facility, or area. 3.) Reference Approach. Determine the amount of TRASH in a reference receiving water in a reference watershed where FULL CAPTURE SYSTEMS have been installed for all storm drains that capture runoff from all relevant areas of land. The reference watershed must be comprised of similar types and extent of land uses including PRIORITY LAND USES and all other land uses), facilities, or areas as the permittee's watershed. With this approach, FULL CAPTURE SYSTEM EQUIVALENCY would be demonstrated when the amount of TRASH in the receiving water is equivalent to the amount of TRASH in the reference receiving water. PRIORITY LAND USES: Those developed sites, facilities, or land uses (i.e., not simply zoned land uses) with storm drains and catch basins within the MS4 permittee's 1!1 k, ' jurisdiction from which discharges of TRASH are regulated by this Plan as follows: March 27, 2015 3