HomeMy WebLinkAbout11/19/2002, BUS 5 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II PERMIT PROGRAM r
OAco un c i t MNovember 19,2002
Ac,Enaa RepoRt Item N..ba
CITY OF SAN LUIS OBISPO A^
FROM: Michael D. McCluskey, Director of Public Works
Jay D. Walter, City Engineer
SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) PHASE II PERMIT PROGRAM
CAO RECOMMENDATION
1. Review and approve the City's National Pollutant Discharge Elimination System
(NPDES) Storm Water Management Plan (SWMP). Authorize the CAO to sign
the Notice of Intent filing prior to March 10, 2003,
2. Approve agreement with Cal Poly to file as co-permittees as part of the NPDES
Program.
3. Direct staff to review funding approaches to meet the annual resource
requirements of$41,000 starting in FY 2003-04 for materials costs and $80,000
starting in FY 2004-05 for storm water coordination staffing.
DISCUSSION
Background
In 1999, the Environmental Protection Agency (EPA) issued orders that cities and
counties must comply with the NPDES Phase II requirements of the Clean Water Act
(CWA). Those orders require the City to submit a Notice of Intent (NOI) and a plan of
compliance to the Regional Water Quality Control Board (RWQCB) by March 2003.
These regulations require ongoing activities to reduce the level of pollutants discharged
from storm drainage systems into natural waterways. Many undesirable materials (dirt,
motor oil, detergents, and residues from pesticides, herbicides, and fertilizers) are being
picked up by storm water runoff and introduced into waterways through the storm sewer
systems.
These regulations require various ongoing activities intended to reduce the level of
pollutants discharged into the storm drain system and eventually into natural waterways.
A monitoring and compliance program that documents the City's progress in these areas
is also required as part of an annual report.
NPDES has been before the Council on several occasions. The item was introduced to
the Council in May and July of 2000, and in April 2001, the Council was presented with a
report that summarized the proposed program for compliance. In May 2002, Council
approved the formation of and collection of fees for the Creek and Flood Protection Fund,
which had been developed by staff as a means of funding the NPDES requirements as
well as other creek enhancements and flood protection projects. In July 2002, in response
S{
Council Agenda Report= National Pollutant Discharge Elimination System (NPDES)
Phase II Permit Program
Page 2
to a decision made by the 9"' District Court of Appeals to overturn the City of Salinas'
Storm Water fee, the Council decided to defer implementation of fees for the Creek and
Flood Protection fund until the Salinas decision was appealed or revisited.
Two items are before the Council for consideration. The first is a Storm Water
Management Plan (SWMP), which outlines the City's anticipated efforts to achieve
compliance with the requirements of the General Permit for the next five years. The
second item for consideration is an agreement with Cal Poly to formalize a cooperative
relationship for permit compliance. Both agencies agree that working together on certain
aspects of the SWMP will result in cost savings and mutual benefits.
Storm Water Management.Plan.(SWMP)
As part of the requirements of NPDES, the City must develop, implement, and enforce a
SWMP designed to reduce the discharge of pollutants from the storm sewer system to the
maximum extent practicable, in order to protect water quality, and to satisfy the
appropriate water quality requirements of the Clean Water Act. The SWMP must include
the Minimum Control Measures (MCMs), Best Management Practices (BMPs) and
measurable goals.
The following Minimum Control Measures must be addressed in the SWMP:
1. Enhance the City's public education and outreach program.
2. Encourage public participation and involvement in pollution prevention programs.
3. Develop a program to identify and eliminate illicit connections and discharges to
the City's storm sewer system.
4. Implement stricter guidelines and enforcement to reduce runoff from construction
sites.
5. Implement stricter guidelines and enforcement to reduce runoff from already
developed sites.
6. Implement pollution prevention / good housekeeping practices for municipal
operations at City facilities.
Individual BMPs, measurable goals and target dates for implementation can be found in
the SWMP (Attachment 1).
The City is also required to assess the progress in achieving the program's measurable
goals in an annual report, beginning at the end of the first year of the permit term. While
water quality monitoring is not required under the rule, the NPDES permitting authority
has the discretion to require monitoring if deemed necessary. If there is an indication of a
need for improved controls, the City may be required to revise their mix of BMPs to
create a more effective program. The SWMP is intended to be a,living document, which
would be annually revised or improved as progressed is measured.
S'
Council Agenda Report--National Pollutant Discharge Elimination System (NPDES)
Phase H Permit Program
Page 3
Agreement with Ca1.Poly
Because of our close proximity and the fact that we share facilities in the San Luis Obispo
Creek watershed, staff felt that coordination and a joint effort in certain parts of the
SWMP was appropriate: Because each separate jurisdiction is required to submit under
the guidelines of the RWQCB and pay a separate fee, RWQCB has been encouraging
adjoining agencies to consider filing as co-permittees. There are a couple of advantages to
filing under the same Notice of Intent. One is an annual cost savings on the permit fee,
which is reduced for both agencies, and the other is a shared cost for some components of
the SWMP. For example, the City and Cal Poly share the same audience that would need
to be reached through public education efforts. We also would be outreaching to the same
groups as we tried to get people involved and participating in creek activities. By agreeing
to work together we can share the costs of materials, printing, workshops, events, etc.,
and still accomplish our goals. The agreement also states that each agency is individually
responsible for their own program, but not the other's. That way, if one agency is found to
be in violation of the permit, or not making progress to reduce pollution from storm water
runoff, then the other agency will not be sanctioned by the RWQCB.
CONCURRENCES
The proposed SWMP has been reviewed by staff in Public Works, Utilities, Community
Development (both Planning and Building & Safety), Fire and Administration (Natural
Resource Management). The SWMP was modified based upon comments received from
those departments.
FISCAL IMPACT
The fiscal impact of this program is significant. To fully implement the SWMP one-time
costs of$244,000 and new, additional on-going costs of$251,000 will be incurred. Staff
has already downsized the program, and thus its costs, to what we consider a minimal but
"acceptable to the RWQCB" level in light of the Council's decision not to implement a
Creek and Flood Protection fee. That fee had been premised upon creating funding in
roughly thirds: flood protection projects, creek enhancements and the NPDES program (at
a level comparable to other environmentally aware cities). The SWMP before the Council
this evening has been reduced from earlier versions in order to minimize fiscal impacts to
the City and yet still meet the requirements of NPDES.
Currently, the City is expending about $560,000 in various departments to perform work
that is complementary to that which would be required by the SWMP. It is assumed that
this same level of funding will be maintained throughout this initial five year permit
period.
Fiscal Year 2003-04
In the first year of the City's proposed program much of the work involves developing the
variety of materials that will be used for education, training and workshops. Some
�-3
i
Council Agenda Report—National Pollutant Discharge Elinu..ation System.(NPDES)
Phase H Permit Program
Page 4
outreach will occur to establish partnerships and encourage public involvement and
participation. It is expected that current City staff in Public Works, Utilities and Natural
Resource Management will perform this work.
Support for these activities will continue to come from existing General Fund programs
with a small amount from the Water Utility's Water Conservation Program. The Water
Conservation Program performs some services that overlap into activities that are similar
to those proposed in the SWMP.
Additional Annual Funding Required. $41,000 starting in FY 2003-04 to pay for
printing, advertising,presentation materials and associated indirect costs.
Fiscal Year 2004-05
A new full time position to take over administration of the program and perform many of
the public relations, education and monitoring functions is proposed for the second year
of the program. This position will include various administrative tasks such as:
a. Preparing ordinances, operations manuals, inspection procedures, and other
documents needed to implement expanded program activities.
b. Preparing the NPDES permit application, goals, and annual compliance reports.
c. Training City maintenance crews about how to reduce pollution discharges and
control erosion in creeks.
d. Coordinating the creek protection activities to be conducted in Public Works,
Utilities, Fire, Community Development, and Administration Departments.
Additional Annual Funding Required. $80,000 starting in FY 2004-05 to pay for a
project coordinator at the Associate Engineer level and associated indirect costs.
Fiscal Year 2005-06 and beyond
Associated costs for implementing the SWMP after the second year are significant. It is
estimated to ultimately cost as much as $811,000 per year to fully implement the SWMP,
which includes continuing $560,000 of existing costs and fully funding $251,000 of new
annual costs. Certain program components will require one-time start up funding,totaling
$244,000 during the five year permit period.
NPDES As a Part of the 2003-05 Budget Process
The City is currently watching the State budget process closely; watching its own
resources closely(travel funds are limited and many open positions have not been filled);
and anticipating a very tight budget period in the upcoming years. By the time of
tonight's meeting, the Council will have recently received a report on the City's general
fiscal outlook, which will not paint a very happy picture. Therefore, we cannot blithely
say that the new funding needed in order to implement even the proposed downsized
program will come from revenue available in the upcoming budget. Finding the needed
`j-
Council Agenda Report—National Pollutant Discharge Elirnwation System (NPDES)
Phase II Permit Program
Page 5
funding for this federally mandated program will not be an easy process. However, staff
is committed to a detailed and thorough review of all programs and resources available
and will, as a part of the 2003-05 budget process, explore alternative ways to fund the
necessary preliminary elements of the NPDES program.
ALTERNATIVES
There is no alternative to compliance with the NPDES Phase II requirements. Part 309 of
the CWA provides significant penalties for any person who violates any permit condition
or limitation implementing any such section in a permit issued under Part 402. Any
person who violates any permit condition of this General Permit is subject to a civil
penalty not to exceed $27,500 per calendar day of such violation, as well as any other
.appropriate sanction provided by Part 309 of the CWA. The Porter-Cologne Act, which
currently governs the City's actions also provides for administrative, civil, and criminal
penalties,which in some cases are greater than those under the CWA.
More importantly, the program goal of reducing polluted runoff to our creeks is a
desirable one that must be supported by the City. We know that our current efforts in this
area are not enough and to provide a greater level of protection through the proposed
SWMP Minimum Control Measures and BMPs will cost more.
ATTACHMENTS
1. Storm Water Management Plan (SWMP)
2. Proposed agreement with Cal Poly
GA—Stormwater Programs\NPDES Program\Permit\City Permit\CAR NPDES II Permit\CAR NPDES Phase II
Permit.doc
S �
ATTACHMENT 1
Storm Water Management Plan
NPDES Phase II
for
City of San Luis Obispo, California
Prepared by:
Jay D. Walter, PE
City Engineer
City of San Luis Obispo
Public Works Department
955 Morro Street
San Luis Obispo, CA 93401
November 19, 2002
S�l�
r
i
PUBLIC EDUCATION & OUTREACH
MINIMUM CONTROL MEASURE
Objectives and Requirements
The objectives of the Public Education & Outreach component of the Storm Water
Program are to:
1. Raise public awareness about urban runoff pollution and its impacts on the
community's water resources; and
2. Educate the community about specific pollutant sources and what individuals can
do to reduce urban runoff pollution.
To meet these objectives, the requirements of the education/outreach component of the
Storm Water Program are to:
1. Implement a public education program which distributes education materials and
conducts outreach activities aimed at informing the public about the impacts of
storm water discharges on local water bodies, and receiving waters; and
2. Implement appropriate BMPs and set measurable goals in order to assess the
success of the public education and outreach program.
Minimum Measure Objectives
BMP: Form partnerships with Cal Poly, San Luis Obispo County and other
interested groups to ensure full coverage of public education and outreach.
Justification: Seek organizations that are willing to team up and provide the greatest
possible coverage of the area by providing education and outreach to the public. Each
agency would target certain populations; knowing there would be overlap between
jurisdictional boundaries with the overall goal of reaching 100%of the market..
Measurable Goal: Number of formal partnership agreements reached with other
organizations.
Responsible Departments: Public Works,Natural Resources Management
BMP: Provide a wide variety of educational information on non-point source pollution
and urban waterways management.
Justification: There are many different opportunities to educate the public regarding the
impacts of storm water discharges to local waterways!
1
s-�
V
Measurable Goals: Storm Water Coordinator hired; Number of brochures, posters and
fact sheets developed (bilingual, if appropriate); Number distributed in water utility bills;
Storm Water web site created; Storm Water hotline activated; Number of homeowner/
business/ contractor informational materials developed; Number distributed; City Creek
Care Guide revised.
Responsible Departments: Public Works,Natural Resources Management,Utilities
BMP: Present educational workshops for various audiences such as: General
forum on water resources in San Luis Obispo; Industry-specific workshops/presentations;
General public, Schools, other interested groups.
Justifcation: A presentation forum on water resources within the community of SLO
could highlight the potential problems associated with non-point source pollution, and the
ways in which individual actions affect urban runoff quality. A water quality educational
program forum could be held as part of the City's on going Phase 11 Waterway
Management Plan public outreach efforts. This forum could include both Phase 11 storm
water issues, and the Regional Water Quality Control Board's Total Maximum Daily
Load(TMDL)planning program.
Measurable Goals: Number of educational workshops for homeowners, businesses and
contractors conducted; Number of volunteer educators trained; Number of Creek Walks
conducted.
Responsible Departments: Public Works,Natural Resources Management, Utilities
Target Date Activity
Year 1 Number of brochures, posters and fact sheets developed (bilingual, if
appropriate) and distributed in water utility bills;Number of volunteer
educators trained.
Year 2 Storm Water Coordinator hued; a web site created, a storm.water hotline in
lace; homeowner information developed. .
Year 3 Business, Contractors information developed; Number of citations issued
to restaurants for dumping grease and other pollutants down storm sewer
inlets.
Year 4 1 School curricula developed;Number of school presentations made.
Year 5 Creek Care Guide revised.
Annual Brochures,posters and fact sheets updated; educational workshops for
homeowners; businesses, contractors; volunteer educator training.
2
PUBLIC PARTICIPATION/EWOLVEMENT
MMMUM CONTROL MEASURE
Objectives and Requirements
The goals of the Public Participation/Involvement component of the Storm Water
Program are to:
1. Raise public awareness about urban runoff pollution, and
2. Involve the public in developing and implementing the Storm Water Program in order
to promote public interest and support.
To meet these objectives, the requirements of the public participation/involvement
component of the Storm Water Program are to:
1. Comply with all State, and local public notice requirements, and
2. Involve the public in the continuing development and refinement of the Storm
Water Management Plan, and
3. Allow the public to review the permit and the Storm Water Management Plan,
and
4. Include a procedure to receive and respond to comments from the public
regarding the Storm Water Management Plan, and
5. Implement appropriate BMPs and develop achievable and measurable goals
aimed at involving the public in the Storm Water Program.
Minimum Measure Objectives
BMP: Develop a formal mechanism to solicit public participation/input on the City's
Storm Water Program.
Justification: Involving stakeholders early on in the storm water management program will
improve support for the program and provide additional input and suggestions to help shape
the program.
Measurable Goals: San Luis Obispo Creek citizens advisory committee formed prior to
submittal of NOI; Number of citizen surveys distributed through City utility bills and
returned.
Responsible Departments: Public Works,Natural Resources Management
3
S-9
BMP: Provide opportunities for public participation/involvement in the Storm
Water Program as well as conducting activities to protect urban water quality:
Justification: To draw upon as many interested people as possible to help achieve the
goal of improved water quality. By involving members of the community, the storm
water program can be sustained by other than just the City's efforts.
Measurable Goals: Number of storm sewer inlets stenciled; Number of volunteer
water quality tests conducted; Number of Creek Clean-up Days conducted; Number of
creek walks conducted;Number of Adopt-a-Creek sections.
Responsible Departments: Public Works,Natural Resources Management, Utilities
Target Date Activity
Year 1 Creek Advisory Committee established; Number of volunteer organizations
agreeing to begin storm sewer inlet stenciling.
Year 2 First annual survey results received; Number of citizens participating in
Creek clean-ups.
Year 3 Number of citizen water quality monitoring teams established.
Year 4 1 Number of Ado t-a-Creekgrou s established.
Year 5 Outreach to general population completed;public survey reflects an
increased knowledge of the storm water program..
Annual Citizen surveys distributed and received; storm sewer inlets stenciled; creek
walks conducted.
4
ILLICIT DISCHARGE DETECTION AND ELIMINATION
MINIMUM CONTROL MEASURE
Objectives and Requirements
An illicit discharge is any discharge to a storm sewer that is not composed entirely of
storm water. Illicit discharges may enter the storm sewer system through either (1) direct
connections (mistaken or deliberate connections to storm sewers), or (2) indirect
connections, e.g., filtering into storm sewers from cracked wastewater pipes, spills
draining into storm sewer inlets, or waste waters or materials deliberately dumped into
storm sewers. It is important to note that an illicit discharge does not only include direct
dumping into an inlet, but may occur at a considerable distance away. For instance, an oil
leak in a driveway can be washed into the storm sewer system during a storm runoff
event, and could be considered an illicit discharge.
The objectives of the Illicit Discharge Detection and Elimination component of the Storm
Water Program are to:
1. Control illicit discharges by conducting field surveys/investigations of the storm sewer
system to identify and eliminate improper connections and discharges.
2. Prevent improper disposal of wastes through public education and providing appropriate
waste material disposal options and incentives.
3. Contain and cleanup accidental spills using proper cleanup and disposal materials and
methods.
To meet these objectives, the requirements of the Illicit Discharge Detection and Elimination
component of the Storm Water Program are to:
1. Develop a storm sewer system map that shows the location of all outfalls and the naives
and locations of all waters of the U.S. that receive discharges from the outfalls.
2.. Developing an enforceable means to prohibit non-storm water discharges - i.e. an
ordinance or other regulatory mechanism.
3. Developing a City-wide plan to detect and address non-storm water discharges.
4. Educating the general public, businesses, and public employees about the hazards (and
legal consequences) of illicit discharge.
5. The following categories of non-storm water discharges or flows (i.e., illicit discharges)
have not been identified as significant contributors of pollutants to the storm sewer
system: water line flushing, landscape irrigation, diverted stream flows, rising ground
5
waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)),
uncontaminated pumped ground water, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water, springs, water from
crawl space pumps, footing drains, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and
street wash water (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 United States).
Minimum Measure Objectives
BMP: Prepare Storm Sewer System map.
Justification: A storm sewer system map will help the City in identifying outfalls with dry
weather flows and other suspicious discharges that need monitoring or investigation. It is also
essential for maintenance and long-term planning of the storm sewer system.
Measurable Goal: Storm Sewer System Map complete.
Responsible Department: Public Works
BMP: Conduct field survey/pipe inspections to identify illicit discharges.
Justification: Poor infrastructure conditions in older sections of the City or outdated
building codes may have resulted in directly connected wastewater pipes which should be
removed or rerouted. Other connections may have been established illegally that are leaking
targeted pollutants into the storm sewer system.
Measurable Goals: Number of illicit connections identified; Number of illicit connection
locations prioritized for removal; Number of illicit connections eliminated; Number of
citizen complaints received.
Responsible Departments: Public Works, Community Development (Building & Safety),
Utilities
BMP: Develop an ordinance prohibiting illicit discharges, with appropriate
enforcement provisions.
Justification: The requirements are changing for non-storm water discharges, and so the
City Ordinance needs to change as well. It will provide for a broader description of what is
not allowed and cite appropriate sanctions for violations. It is another tool that the City needs
to have in order to reduce pollutant levels in local waterways.
6
I
Measurable Goals: Number of ordinance codes established; Number of violations
enforced; Number of informational flyers developed and distributed; Number of City
employees trained.
Responsible Departments: Public Works, Fire, Community Development (Building &
Safety)
Target Date Activity
Year 1 Storm sewer system map completed investigation locations prioritized;
Number of citations issued for abatement of illicit connections.
Year 2 Revised ordinance in place; training for public employees completed;
Number of informational flyers developed and distributed; 25% of storm
sewers stem inspected for sources of illicit discharges.
Year 3 Enforcement provisions in place; 25%of storm sewer system inspected for
sources of illicit discharges.
Year 4 25% of storm sewers stern ins ected for sources of illicit discharges.
Year 5 25% of storm sewer system inspected for sources of illicit discharges;
Number of citations issued for abatement of illicit connections; Number of
citizen complaints received.
Annual Video inspection of storm sewer system; additional inspections for illicit
discharge connections._
7
�-I3
CONSTRUCTION SITE RUNOFF CONTROL
MINIMUM CONTROL MEASURE
Objectives and Requirements
The Construction Site Runoff Control Program is primarily geared toward private sector
construction activities, although Public Works projects are included. Within the City of
SLO, plan review of proposed projects, including grading and erosion control plan work
on private property is the responsibility primarily of the Community Development
Department. The Public Works Department; however, oversees site grading review, large
tract developments, as well as construction activities on City property and right-of-ways.
Therefore, the Construction Site Runoff Control Program is the responsibility of both of
these Departments. Construction site runoff control on municipal properties is addressed
in the Municipal Operations Pollution Prevention/Good Housekeeping Program.
The objectives of the Construction Site Runoff Control component of the Storm Water
Program are to:
1. Develop, implement, and enforce a program to reduce the amount of pollutants in
storm water runoff from construction activities that result in land disturbance of
greater than or equal to one acre.
To meet these'objectives, the requirements of the construction site runoff control component
of the storm water program are to:
1. Developing an ordinance, or other regulatory mechanism, requiring the
implementation of proper erosion and sediment controls on construction sites and
sanctions for non-compliance.
2. Require construction site operators to implement appropriate and effective erosion
and sediment control BMPs to reduce or eliminate storm water pollution.
3. Requiring construction site operators to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality.
4. Developing procedures for site plan review of construction plans to address water
quality impacts.
5. Developing procedures for site inspections and enforcement of control measures.
6. Establishing procedures for receiving information/concerns about construction site
practices from the public.
8
i
Minimum Measure Objectives
BMP: Develop an ordinance specifically addressing construction site erosion and
sediment control with appropriate sanctions for non-compliance and BMPs to implement.
Justification: The change from previously requiring ESC plans for sites greater than 5 acres
to requiring them for sites greater than 1 acre allows for more specific guidelines regarding
implementation and enforcement of erosion control measures.
Measurable Goals; Revised grading ordinance established; Number of enforcement
actions; Number of contractors and developers trained; Number of informational materials
created and distributed; Number of approved BMPs in place; Guidebook for preparation of
Storm Water Pollution Prevention Plans developed.
Responsible Departments: Public Works, Community Development(Building& Safety)
BMP: Develop procedures to ensure adequate review of site plans to address erosion
and sediment control on all construction sites.
Justification: Planning for erosion and sediment control on small construction sites is an
important activity, best done before construction actually starts. The change from previously
requiring approved ESC plans for sites greater than 5 acres to requiring them for sites greater
than 1 acre should significantly reduce the erosion from construction sites.
Measurable Goals: Number of Public Works and Community Development Inspectors
trained,Number of reviews completed;Number of site inspections completed.
Responsible Departments: Public Works,.Community Development(Building & Safety)
BMP: Develop procedures for the public to inform the City about construction site
runoff problems and for the City to report back on actions taken.
Justification: This information will supplement the City's effort to identify and respond to
incidents of soil erosion from construction sites. It will also be another way for the public to
become involved in the overall program to reduce pollution in local waterways.
Measurable Goals: Procedures for information submitted by the public completed;.
Number of complaints received;Number of violations cited;Number of corrections certified.
Responsible Department: Public Works
9
Target Date Activity
Year 1 Number of City inspectors trained; Procedures for site inspections
implemented.
Year 2 Grading ordinance revisions in place;Number of contractors cited for non-
compliance; Procedures for information_submitted by the public in place.
Year 3 Guidance materials for preparation of Storm Water Pollution Prevention Plans
developed;Number of contractors trained.
Year 4 Number of contractors cited for non-compliance.
Year 5 Number of complaints received from public;Number of approved BmPs in
lace.
Annual Number of site inspections; Training for local contractors; revised
informational materials available.
10
POST-CONSTRUCTION RUNOFF CONTROL,
MINIMUM CONTROL MEASURE
Objectives and Requirements
Post construction run-off control includes such activities as storm drainage system
maintenance, street sweeping, and maintenance/cleaning of oil water separators and filter
systems.
The objective of the Post-Construction Runoff Control component of the Storm Water
Program is to:
1. Reduce the potential for discharge of pollutants into urban runoff from new
development and redevelopment.
To meet this objective, the requirements of the Post-Construction Runoff Control component
of the Storm Water Program are to:
1. Developing an ordinance, or other regulatory framework, requiring the
implementation of post-construction runoff controls.
2. Developing appropriate structural and non-structural BMP strategies to address post-
construction runoff.
3. Ensuring adequate long-term operation and maintenance of controls.
4. Determine appropriate BMPs and measurable goals to meet these requirements.
Minimum Measure Objectives
BMP: Develop an ordinance specifically addressing post-construction and
redevelopment site runoff controls.
Justification: Ordinances are an effective way to establish performance standards for runoff
controls. Urban runoff controls address urban runoff quantity and quality in an effort to
eliminate potential pollutant sources from development projects. Owners and developers
must be required to provide facilities that minimize the opportunities for pollutants to reach
local water bodies.
Measurable Goals: Number of new ordinance codes established; Number of enforcement
actions.
Responsible Departments: Public Works, Community Development (Planning), Utilities
11
BMP: Develop non-structural BMPs to ensure adequate post-construction site
runoff controls are implemented and maintained.
Justification; There are many opportunities to establish effective controls for post
construction runoff without requiring some additional structures to be built. Proper
planning and design of a building site can include features that reduce the amount of
runoff after construction is compete.
Measurable Goals: SLO Creek Waterway Management Plan including drainage design
standards and stream maintenance guidelines complete; Number of approved non-
structural BMPs in place; Number of informational materials created and distributed;
Number of developers and engineers trained.
Responsible Departments: Public Works, Natural Resources Management,
Community Development (Planning)
BMP: Develop structural BMPs to ensure adequate post-construction site runoff
controls are implemented and maintained.
Justification: There are many opportunities to establish effective controls for post
construction runoff. By requiring innovative storage, infiltration or vegetative practices to
be included in the design of a building site, significant reductions in runoff after
construction can be achieved, sometimes reduced to a level less than predevelopment
flows.
Measurable Goals: Number of approved structural BMPs in place; Number of
planners, inspectors and developers trained; Number of informational materials created
and distributed;Number of developers and engineers trained.
Responsible Departments: Public Works, Natural Resources Management,
Community Development(Planning)
Target Date Activity
Year 1 Waterway Management Plan complete; Drainage Design Standards
adopted.
Year 2 Stream Maintenance Management Program adopted; Ordinances in place;
Number of informational materials for post-construction runoff control
developed.
Year 3 Number of City staff members trained;Number of structural BMPs
implemented with new development projects;Number of citizen complaints
about erosion from new developments.
Year 4 Number of citations issued for non-compliance;Number of developers and
engineers trained.
Year 5 Number of structural BMPs implemented with new development projects.
Annual Informational materials revised, training for developers and engineers.
12
I
POLLUTION PREVENTION / GOOD HOUSEKEEPING for
MUNICIPAL OPERATIONS
MINIMUM CONTROL MEASURE
Objectives and Requirements
The objectives of the Pollution Prevention / Good Housekeeping for Municipal
Operations component of the Storm Water Program are to:
1. Reduce the amount and type of pollutants that collect on streets, parking lots,
material storage areas and vehicle maintenance yards, which are discharged into
the storm sewer system.
2. Reduce the release of pollutants that results from actions such as environmentally
damaging land development and flood management practices or poor
maintenance of storm drainage systems.
To meet these objectives, the requirements of the Pollution Prevention / Good
Housekeeping for Municipal Operations component of the Storm Water Program are to:
1. Developing and implementing an operation and maintenance program for the City
to prevent or reduce polluted runoff from municipal operations.
2. Provide employee training on how to incorporate pollution prevention and good
housekeeping into all municipal operations such as park and open space
maintenance, fleet and building maintenance, roads maintenance, storm drain
maintenance, and urban creek "maintenance".
3. Determining appropriate BMPs and measurable goals to meet these requirements.
Minimum Measure Objectives
BMP: Develop a Municipal Operations BMP Manual for City facilities covering
the following activities:
a. Vehicle/equipment cleaning
b. Vehicle maintenance
c. Vehicle/equipment parking
d. Outdoor materials storage
e. Waste handling/storage
f. Maintenance of paved/unpaved surfaces
g. Storm water nmoff/drainage
13
�- 19
Justification: The City should be a leader in implementing BMPs to ensure that the Corp
Yard and other City facilities comply with NPDES Phase H regulations which require the
owner or operator to develop and implement a cost-effective operation and maintenance
program with the ultimate goal of preventing and reducing pollutant runoff from
municipal operations.
Measurable Goal: Municipal Operations Plan for Corp Yard developed.
Responsible Departments: Public Works, Utilities
BMP: Develop a Municipal Operations Program with the following categories:
a. Street sweeping and cleaning.
b. Sidewalk,plazas,parking lots.
c. Municipal landscaped areas(parks, medians, landscaping)
d. Storm sewer inlet/pipe cleaning
e. Municipal pools, lakes,ponds
f. Repair/maintenance of hardscaped areas (streets,alleys, sidewalks)
Justification: The City should develop guidelines for and implement control measures
for all types of City-owned and maintained public facilities in order to reduce polluted
runoff to local water bodies.
Measurable Goals: Municipal Operations Program developed;Number of maintenance
BMPs; Area (sf) of surfaces cleaned; Number and frequency of streets swept; Amount of
trash collected; Amount of green waste collected; Length of pipes cleaned; Number of
inlets cleaned; Amount of automotive/equipment fluids recycled.
Responsible Departments: Public Works, Utilities
BMP: Develop a Storm Sewer Master Plan.
Justification: As part of a long-term strategy to address urban runoff, a system master
plan will target improvements and upgrades needed and provide an opportunity to try out
new technologies as they are developed.
Measurable Goal: Storm Sewer Master Plan developed.
Responsible Department: Public Works
14
i
BMP: Provide necessary training for City staff.
Justification: Training is necessary for City staff to adequately and appropriately carry
out the policies and procedures defined in the Municipal Operations BMP Manual and
Storm Drainage Maintenance Program.
Measurable Goals: Number of Employee training materials gathered or developed;
Number of employees trained.
Responsible Departments: Public Works,Utilities
Target Date Activity
Year 1 Employee training materials developed; Contractor training materials
developed.
Year 2 Number of employees trained;Number of Categories of Municipal
Operations Program developed(Phase ;Number of contractors trained.
Year 3 Number of Categories of Municipal Operations Program developed(Phase
Year 4 Municipal Operations Plan for Corp Yard developed;Number of
maintenance BMPs developed; Area(sf) of surfaces cleaned;Number and
frequency of streets swept; Amount of trash collected;Amount of green
waste collected; Length of pipes cleaned;Number of inlets cleaned; Amount
of automotive/equipment fluids recycled.
Year 5 Storm Sewer Master Plan developed.
Annual Contractor training; BMP activity ongoing
G:\_Stormwater ProgramsWDES Program\Permit\City Permit\Draft SWMP\Composite Draft SWMP.doc
15
i
-- COPY -- ATTACHMENT 2
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
This AGREEMENT, is made and entered into this day of
' 2002, by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation of the State of California hereinafter referred to as "CITY", and
CAL POLY, SAN LUIS OBISPO, a campus of the California State University System,
hereinafter referred to as "CAL POLY", or collectively referred to as PERMITTEES, and
establishes the responsibilities of each party with respect to compliance with the National
Pollution Discharge Elimination System (NPDES) storm water regulations administered
by the California Regional Water Quality Control Board, Central Coast Region
(RWQCB) by the authority granted by the Clean Water Act (CWA) of 1972, its 1987
amendments, the United States Environmental Protection Agency (USEPA) Phase I
regulations of 1990 and the USEPA Phase II regulations of 1999.
RECITALS:
WHEREAS, the Federal Clean Water Act requires certain municipalities and industrial
facilities to obtain a NPDES permit (PERMIT) for the discharge of stone water to
navigable water, and
WHEREAS, NPDES permits are also required for any storm water discharge which the
USEPA or a state has determined contributes to a violation of a water quality standard, or
is a significant contributor of pollutants to surface waters; and
WHEREAS, the CWA further required the USEPA to promulgate regulations for initial
NPDES permit applications for storm water discharges; and
WHEREAS, the USEPA promulgated such regulations in November 1990; and
WHEREAS, the USEPA has delegated authority to the California State Water Resources
Control Board (SWRCB) to administer the NPDES permit process within California and,
in turn, the SWRCB has delegated authority to the Regional Water Quality Control Board
— Central Coast Region (RWQCB) to administer the NPDES permit process within its
region; and
WHEREAS, pursuant to the CWA and USEPA regulations, the RWQCB is expected to
adopt orders further defining the program that the PERMITTEES are to develop and
implement; and
WHEREAS, Finding 19, Page 14 of the DRAFT SWRCB permit states: "Each
PERMITTEE is individually responsible for adoption and enforcement of ordinances and
policies, implementation of assigned control measures, BMPs; the right of
entry/inspection needed to prevent or reduce pollutants in storm water, and for providing
funds for the capital, operation and maintenance, and enforcement expenditures necessary
s-aa
-- COPY
to implement and enforce such control measuresBMPs within its jurisdiction.
Enforcement actions concerning this General Permit will be pursued only against the
individual PERMITTEE responsible for specific violations of this General Permit."; and
WHEREAS, in and for the mutual interest of the PERMITTEES, the PERMITTEES wish
to develop and implement a program to improve water quality within the San Luis
Obispo Creek watershed and believe that entering into this Agreement for the purpose of
cooperating to efficiently and economically comply with NPDES requirements will help
achieve that goal.
NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants
hereinafter contained,the PERMITTEES hereto agree as follows:
Section 1. Filing Status
1.01 The CITY and CAL POLY will jointly file.an application on or about
March 10, 2003 for a PERMIT that will be issued collectively to both of
the PERMITTEES by the RWQCB. CITY agrees to assume the lead
agency role and file the Notice of Intent.
1.02 This agreement is designed to allow for a collective effort to implement
certain area-wide activities, designed to benefit both PERMITTEES, yet
still maintain separate compliance programs with the RWQCB.
1.03 Both PERMITTEES are independently responsible for complying with the
requirements of the PERMIT within their own jurisdictional boundaries.
1.04 The PERMIT fee will be shared on a pro-rata basis, with the intent to
provide an economic benefit to both PERMITTEES over filing separately.
Section 2. Proeram Budget
2.01 Each PERMITTEE shall be responsible for their own budget to ensure that
Program activities are performed in compliance with the PERMIT.
Activities that are to be donejointly will require financial contributions to
be made by both PERMITTEES based upon the share of benefit expected.
Section-3. Proeram Manager
3.01 Each PERMITTEE shall name a Program Manager for their NPDES
permit. The Program Manager shall be responsible for Program
management and administration, Permit management, and technical
program management. Work assignments shall be made to their Program
Manager by the individual PERMITTEES. The Program Manager shall
be responsible for providing program management services related to
individual PERMITTEE'S permit programs only. However, the Program
S-a3
-- COPY --
Managers are encouraged to collaborate with each other whenever
possible to maximize the benefits of the permit within the community.
Section 4. Additional-Rights and Duties of the_PERMITTEES
4.01 The PERMITTEES accept and agree to perform the following duties:
1. Each will comply with the NPDES Permit conditions that apply
within its jurisdictional boundaries;
2. Each will implement its Community-Specific Program;
3. Each will provide certain agreed upon reports for purposes of
reporting, on a joint basis, compliance with applicable provisions of
the NPDES Permit and the status of Program implementation;
4. Each will individually address inter-agency issues, agreements or
other cooperative efforts.
4.02 This Agreement does not restrict the PERMITTEES from the ability to
individually (or collectively) request NPDES Permit modifications and/or
initiate NPDES Permit appeals for permit provisions to the extent that a
provision affects the other. However, either PERMITTEE shall provide a
minimum of 30-days written advance notice of their action to the other
PERMITTEE and allow them to comment upon or join in their action
before proceeding.
Section.5. Term of Agreement.
5.01 The term of this Agreement shall commence on the date the last duly
authorized representative of either PERMITTEE executes it.
5.02 This Agreement shall terminate upon the expiration of the first NPDES
Phase II storm water permit that is issued to the PERMITTEES, unless
this term is extended by the PERMITTEES.
5.03 Either PERMITTEE may terminate its participation in this Agreement by
giving at least a thirty (30) day written notice. If a PERMITTEE
terminates its participation, the terminating PERMITTEE will bear the full
responsibility for its compliance with the NPDES Permit commencing on
the date it terminates its participation, including its compliance with both
Community-Specific and Program-wide responsibilities and any new
permit obligations imposed by the RWQCB to comply with NPDES
requirements.
Section 6. General Provisions
S' i
-- COPY --
6.01 This Agreement does not supersede any other agreements between any of
the PERMITTEES.
6.02 This Agreement may be amended only by unanimous written agreement of
the PERMITTEES. Both PERNflTTEES agree to bring any proposed
amendment to this Agreement to their administrative authority, as
applicable, within two (2) months following acceptance of the proposed
amendment.
6.03 This Agreement may be executed and delivered in any number of copies
("counterpart") by the PERMITTEES, including by means of facsimile.
When each PERMITTEE has signed and delivered at least one (1)
counterpart to the Program Manager, each counterpart shall be deemed an
original and, taken together, shall constitute one and the same Agreement,
which shall be binding and effective as to the PERMITTEES hereto.
6.04 Neither PERMITTEE shall, by entering into this Agreement, assume or be
deemed to assume responsibility for the other PERMITTEE in complying
with the requirements of the NPDES Permit. This Agreement is intended
solely for the convenience and benefit of the PERMITTEES hereto and
shall not be deemed to be for the benefit of any third.party and may not be
enforced by any third party, including, but not limited to, the EPA, the
SWRCB, and the RWQCB, or any person acting on their behalf or in their
stead.
6.05 In lieu of and notwithstanding the pro rata risk allocation which.might
otherwise be imposed between the PERMITTEES pursuant to
Government Code Section 895.6, the PERMITTEES agree that all losses
or liabilities incurred by a PERMITTEE shall not be shared pro rata, but
instead, the PERMITTEES agree that pursuant to the Government Code
Section 895.4, each of the PERMITTEES hereto shall fully defend,
indemnify and hold harmless each of the other PERMITTEES from any
claim, expense or cost, damage or liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of the negligent
acts or omissions or willful misconduct of the indemnifying PERMITTEE.
6.06 In the event that suit shall be brought by any party to this contract,. the
PERMITTEES agree that venue shall be exclusively vested in the state
courts of the County of San Luis Obispo, or, if brought in federal court, in
the United States District Court handling matters arising in San Luis
Obispo County. Further, the prevailing PERMITTEE shall be entitled to
reasonable attorney fees and costs.
-- COPY -- -
IN WITNESS WHEREOF, the PERMITTEES hereto have executed this Agreement as of
the dates shown below
CALIFORNIA POLYTECHNIC STATE UNIVERSITY, SAN LUIS OBISPO, a campus
of the California State University System
Date: APPROVED AS TO FORM:
By: By:
Matthew Roberts Legal Counsel
Director, Contracts and Procurement
ATTEST:
Date:
By:
CITY OF SAN LUIS OBISPO, a public entity of the State of California
Date: APPROVED AST FORM:
By: 139. j
Mayor Allen Settle Je y . Jo e K, C,4Attomey
ATTEST:
Date:
By:
G:\_Stormwater Programs\NPDES Program\Permit\Cal Poly-City MOU v2.doc
-dl�