Meeting Date: 2 July 2013 Prepared by: Sharon Friedrichsen Public Serv ices Director

City Council Agenda Item Summary Name: Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement to form the Monterey Regional Storm Water Management Program (MRSWMP). Description: The City entered into a MOA to form the MRSWMP in 2002. In February 2013, the State Water Resources Control Board (SWRCB) adopted Water Quality Order No. 2013-001 to prohibit non-stormwater discharges into municipal storm drain systems and watercourses within a Permittees' jurisdictions. The focus of the SWRCB includes discharges into Areas of Special Biological Significance (ASBS); discharges to water bodies listed as impaired on the 303(d) list, post-construction requirements and water quality monitoring requirements. Part of this Order includes seeking a new general permit authorizing stormwater discharges to surface waters. The proposed MOA would be renewed concurrently with the new permit requirements. The primary difference in the current MOA compared to the 2002 version is the updated populations of the participating entities based on the 2010 Census. There is no change in the cost-share formula proposed at this time; although there will be continued discussion among participating entities (Cities of Del Rey Oaks, Monterey, Pacific Grove, Marina, Sand City, and Seaside and the County of Monterey) regarding the programs offered by MRWPCA (as the program administrator), expanded membership and additional opportunities for regional collaboration that may affect costs over time.

Overall Cost: $318,438 is the Fiscal Year 13-14 program cost for regional implementation City Funds: Cost share of$4,708 for FY 13-14 Grant Funds: N/A Staff Recommendation: Adopt the Resolution Important Considerations: Adoption of the MOA will allow the City to work regionally in addressing many of the Phase II Permit requirements such as public education and outreach, training, water quality monitoring, best management practices (BMPs) other measurable goals and achieve cost savings. As new permit requirements become effective (Years 2-5 of the permit), the City will incur more significant costs. A summary of the current program and the new requirements is attached for reference. Decision Record: N/A

Reviewed by:

Jason

~ Stiien

Date

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Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Permit Element A. Application Requirements Draft Phase II Permit
Submittal of SWMP to CCWB for approval no longer required; Submittal of Permit Comparison Document Application Requirements Submittal of Stormwater Program Guidance Document Permit boundary map with specifics (i.e. waterways identified) required Enforcement of CCWB-approved SWMP document required

MRSWMP Program
SWMP Required

B. Discharge Prohibitions (allowable non-stormwater discharges)

Incidental Runoff of potable or recycled water from landscaped areas defined in Section B.4 of Order Incidental runoff shall be controlled No irrigation during rain events Detect leaks and correct within 72 hrs (i.e. from broken sprinkler heads) Reqd to reduce discharge of pollutants to MEP to achieve TMDL WLAs and comply with ASBS special protections. New language in permit If exceedances of the Statewide Water Quality Control Plan or the CTR or Regional Water Board Basin plan is exceeded then the Permittee must develop a plan and submit to the CC WB the approach to be implemented to correct situation. New element Adoption of ordinances (includes charity car washes, mobile cleaning and pressure washing) Irrigation runoff beyond incidental runoff (i.e. not a design flaw) must be addressed. Ordinance to require BMP implementation from construction, industrial and commercial facilities Require and approve Post Construction Stormwater Control Measures Escalating enforcement practices and policies. Allow entrance to private property and industrial facilities for inspections Requires certification statement and signature of Duly Authorized Representative with details about program. Enforcement Response Plan Refer non-filers (industrial & construction) to CCWB Not as prescriptive

Discharge Prohibitions

Model Stormwater Ordinance contains list of specific illegal discharges. Not as prescriptive

C. Effluent Limitations
Effluent Limitations Reqd to implement BMPs to reduce pollutants to technology-based standard of MEP No section in MRSWMP

D. Receiving Water Limitations

Receiving Water Limitations

No equivalent section in MRSWMP

E.6 Program Management

No section in MRSWMP Adoption of ordinances and BMP Guidance Series (BMPGS) Address irrigation runoff that is deemed a significant contributor of pollutants. Required compliance w/ BMPGS for any activity, facility, or operation causing discharge of pollutants Low Impact Development Standards Tiered Enforcement through ordinance (Div V) and protocol

Program Management

Not required

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Program Management

Not required

Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Permit Element A. Application Requirements Draft Phase II Permit
Report chronic violators (industrial/construction) Reduce rate of private industry noncompliance (industrial/construction) Implement Effectiveness Assessment Implementation Plan approach to evaluate and modify each BMP

MRSWMP Program

Iterative process not as well defined.

E.7 Education & Outreach

Regional Collaboration option CBSM requirement (pilot program required prior to yr 3) Program targets/elements: Functions as regional program Not required Program targets/elements: Stormwater education to school children (specific grade rqmts): Grades K-3 (materials) Grades 4-12 (classroom pres.) Grades 4 College (stenciling, community service project) Train teachers on SW issues Regional messaging on Sea Otter Mortality Residential Outreach Tabling event requirements Restaurant Outreach Reduce discharges from organized car washes, mobile cleaning, pressure washing, and landscape irrigation Provide education for organized car wash participant Bilingual Radio, TV, and Movie Ads Press Releases/Print Ads Tourist Outreach IPM Outreach Two public workshops/yr Program plan requires details on who is responsible for implementing which task Implement environmental place based or experiential learning materials or equivalent Implement Effectiveness Assessment Implementation Plan approach to evaluate and modify each BMP IDDE Annual assessment of staff knowledge Contact info and response procedure kept in all fleet vehicles Construction (Permittee Staff) Biennual Training Plan reviewers/permitting staff (QSD) or work under QSD Erosion Sediment Control/Inspectors (QSD or QSP or designated person on staff with both) MRSWMP Permit Comparison Summary (rev. 6/5/13) 2 of 9 Not required Not specified Iterative process not as well defined. Required Not required Staff training in Year 2 and then all new trained thereafter

Measurably increase knowledge/ awareness of target communities and audiences Surveys twice per permit term Convey messages regarding benefits of water-efficient, stormwater friendly landscaping Public Education & Outreach Messages on proper application of pesticides/fertilizers

No equivalent

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Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Permit Element A. Application Requirements Draft Phase II Permit
Contractor plan reviewers or inspectors (same requirements) Annual assessment of staff knowledge Construction (Site Operators) Provide info on training opportunities (proper BMP selection, installation, maintenance & program compliance) Educate construction operators (handouts) Maintain proper construction BMP information on website Pollution Prevention (Permittee staff) Train staff every two years or more if needed based upon annual knowledge assessment Assess staff knowledge annually Agency contractors or subcontractors contractually reqd to comply with program requirements Permittee oversight of contractor activities Develop program with input of the public and implement (a) Develop Public Involvement strategy (b) Consider Citizen Advisory Group (c) Create Involvement Opportunities (d) Ensure public can access info about program (f) Engage in IRWMP or equivalent Encourage volunteerism and activism in community; create opportunities for citizen participation Mapping of ALL outfalls, drainage areas to outfalls, location of waterbodies, outfall coordinates, site visit of each with photographs Mapping of priority areas - annual updates Older infrastructure areas Industrial, commercial, mixed use areas Areas w/ past history of illicit discharges Outfall Mapping Areas w/history of illegal dumping Onsite sewage disposal systems Areas upstream of sensitive waterbodies Areas that drain to outfalls >36 inches that directly discharge to the ocean Field sampling locations Not specified No equivalent MRSWMP

Program

Staff and Site Operator training

Construction Outreach/training twice per year (public)

No equivalent

Train once during permit term

No equivalent

E.8 Public Involvement & Participation Program

Similar, but less prescriptive. Not specified Similar, but less prescriptive. Similar, but less prescriptive. Equivalent Equivalent Financial contributions to Snapshot Day, Coastal Cleanup Day, Urban Watch, and First Flush

Public Involvement

E.9 Illicit Discharge Detection & Elimination

Mapping of all outfalls, location of waterbodies

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Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Permit Element Draft Phase II Permit A. Application Requirements Maintain an inventory of all commercial and
industrial facilities within Permittee jurisdiction; inventory to include lat-long of MS4 storm drain discharging to (minimum list specified). Verify those required to be under a State permit are covered Assess / survey priority areas or allow facility self certification at least once during permit term. Update inventory annually While inventorying outfalls. sample any outfalls that are flowing >72 hrs after last rain event Conduct dry weather sampling of outfalls Analyze samples for indicator parameters Verify results do not exceed Action Levels for those parameters Written procedures on how to conduct investigations required Illicit Discharge Detection & Elimination Source Investigations & Corrective Actions Investigate reports of illicit discharges within 72 hours Sewage related discharges investigate within 24 hours Require corrective action within 72 hours once source is located; follow-up investigations Develop & Implement a spill response plan Detailed procedures and requirements

MRSWMP Program
Inventory of commercial facilities within Permittee jurisdiction

Facility Inventory

No equivalent Complete inspection of 100% of businesses by permit term end Update from initial Year 1 list not required Monitor 25% of all outfalls four times/year

Field Sampling to Detect Illicit Discharges

Each Permittee source track one outfall for two pollutants of concern Established protocols Same Same Similar process Established protocols Not as prescriptive Not as detailed and as prescriptive

Spill Response Plan

E.10 Construction Site Stormwater Runoff Control

Sites less than 1 acre, not part of CGP Enforceable ordinance required: E&SC, soil stabilization, dewatering, source controls, pollution prevention measures and prohibited discharges Sites over an acre or part of a common plan of development adhere to the State CGP reqt's Maintain and continuously update an inventory of all construction projects (info on sites >1 acre on SMARTS); reqd info for inventory Written procedures & checklist on how to conduct plan reviews required Erosion & Sediment Control Plan reqd before issuance of grading or building permit; written approval reqd Erosion & Sediment Control Plan or SWPPP include rationale for BMPs chosen Plan list all applicable permits (i.e. 404, 401, etc.) Establish legal authority to inspect and enforce requirements MRSWMP Permit Comparison Summary (rev. 6/5/13) Construction Inspection 4 of 9

Equivalent

Construction Site Inventory

Not required

Similar, but less prescriptive. Permit issuance varies among permittees

Plan Review & Approval

Not specified Not specified Equivalent

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Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Permit Element Draft Phase II Permit A. Application Requirements Inspect specified sites prior to land
disturbance activities Inspect public and private construction sites Construction Inspection Prioritize site inspections based upon risk factors Post construction activities to ensure site stabilization & all temporary BMPs have been removed prior to final sign off. Inspectors must be trained and certified Inventory of Permittee-owned and operated facilities that are a threat to water quality Map of Permittee owned or operated facilities Identify storm drainage system, outfalls and receiving waters Conduct comprehensive inspection & assessment of pollutant discharge potential & identify hot spots Develop & implement SWPPPs, unless HMBP or SPP exist for hotspots Areas identified as hotspots - inspect quarterly, document on a checklist and track Inspections, Visual Monitoring & Remedial Action Areas identified as hotspots - conduct annual comprehensive inspections, document on a checklist and track Areas identified as hotspots - observe discharge locations quarterly, document on a checklist and track Develop & implement procedures to assess and maintain storm drain system Prioritize maintenance based upon POC accumulation Maintenance of Storm Drain System Permittee Operations & Maintenance Activities Water Quality & Habitat Enhancement Maintain all high priority storm drain systems Quarterly assess and inspect all O&M BMPs Permittee activities to assess defined (list provided), then develop appropriate BMPs Incorporation of water quality and habitat enhancement features into new and rehab flood management facilities Implement program to reduce use of water, pesticides, herbicides and fertilizers Commercial Applicators can not apply pesticides, herbicides, insecticides and fertilizers within 24 hours of a predicted storm event. (Not from Permit) Education for municipal applicators of pesticides and fertilizers. Redundant to existing Commercial applicators licensing requirements. Reductions in pesticides/fertilizer use MRSWMP Permit Comparison Summary (rev. 6/5/13) 5 of 9 Catch Basin inspection and cleaning Not specified Not specified No equivalent

MRSWMP Program
Not specified Equivalent Not specified Not specified Trained only, no certification requirement

E.11 Pollution Prevention/Good Housekeeping

Inventory of Permittee Owned / Operated Facilities Map of Permittee Owned / Operated Facilities MRSWMP requires determination of hot spot areas only

Not required MRSWMP requires determination of hot spot areas Not required Not specified

Facility Assessment Storm Water Pollution Prevention Plans

Not specified

Not specified

Storm Drain System Assessment & Prioritization

Catch Basin inspection and cleaning

Similar, but less prescriptive. No application if 20% rainfall prediction within next 24 hours Track pesticides/fertilizers used Not specified Always required under a commercial applicators license. Similar, but less prescriptive.

Permittee Landscape Design & Maintenance

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Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Permit Element A. Application Requirements E.12 - Post-Construction Draft Phase II Permit
Post Construction Requirements using: Stormwater Site Design and Runoff Reduction Specifications Stormwater Water Quality Treatment Specifications Stormwater Runoff Retention Specifications Stormwater Peak Management standards Stormwater Management Special Circumstances Site Inspection & Evaluation Requirements Complex program Monitoring of all discharges to ASBS water body Monitoring of discharges to TMDL water body areas only Monitoring of discharges to 303 listed water body Water Quality monitoring for MS4s w/populations > 50,000 Regional Monitoring option Receiving Water monitoring option Special Studies option

MRSWMP Program
Interim LID until new post-construction standards adopted Not as prescriptive Not as prescriptive Not as prescriptive Not as prescriptive Not as prescriptive Not as prescriptive Not as prescriptive 25% of outfalls 4 times a year, & ASBS RMP Required only for County areas, no equivalent for other Member Entities Required only for County & City of Monterey at this time, no equivalent for other Member Entities No equivalent Region has two separate monitoring program that many members participate in. Equivalent CASQA Manual for BMP assessment (iterative process) of regional program BMPs, not individual entity program BMPs Iterative Process annually No equivalent No equivalent

Post Construction Measures

E.13 Water Quality Monitoring

E.14 Program Effectiveness Assessment

Development and implementation of Effectiveness Assessment Improvement (EAIP) EAIP Annual EAIP Permit Term Identify strategy used to gauge the effectiveness of prioritized BMPs and program implementation as a whole. EAIP Identify assessment methods for privately owned BMP's The requirements are more stringent, requiring more in depth analysis of the effectiveness of each individual BMP each year and long term. Quantitative pollutant load reductions Quantitative measurement of changed behaviors; surveys/interviews to determine awareness & changed behavior EAIP shall include specific details about the strategy to achieve the MEP Municipal watershed pollutant load quantification (annual loads for certain pollutants listed) 6 of 9

No equivalent

Not as prescriptive

Not specified BMPs, not individual entity program BMPs

(For each BMP and Program as a whole)

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(For each BMP and Program as a whole) Element Permit

Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Draft Phase II Permit
effective use of resources

MRSWMP Program
Not specified

A. Application Requirements Allows for shifting of priorities based upon E.15 TMDL Compliance
More stringent requirements for Monterey County TMDLs Concentration based WLA for fecal coliform TMDL Monitoring requirements in the Parajo River, Lower Salinas River, Old Salinas River Estuary, Tembladero Slough, Salinas Reclamation Canal, Alisal Creek, Gabilan Creek, Salinas River Lagoon, Santa Rita Creek, Quail Creek, Towne Creek

Monterey County Wasteload Allocation Attainment Plan for TMDLs which is not as prescriptive as the new permit.

ACRONYMS
303 List List of Impaired Waters The term "303(d) list" is short for the list of impaired and threatened waters (stream/river segments, lakes) that the Clean Water Act requires all states to submit for EPA approval every two years on even-numbered years. These are 34 ocean areas monitored and maintained for water quality by the State Water Resources Control Board. ASBS cover much of the length of California's coastal waters. They support an unusual variety of aquatic life, and often host unique individual species. ASBS are basic building blocks for a sustainable, resilient coastal environment and economy. A region-wide program Water Quality Monitoring Program from Big Sur in Monterey County to Point Reyes in Marin County. Best Management Practices are physical, structural or managerial practices that decreases the potential for facilities to pollute drinking water. They can be used singly or in combination as appropriate in a particular situation.... A guidance document to be used by municipalities when developing a successful stormwater management program and the BMP's chosen to achieve the desired outcomes. The California Stormwater Quality Association (CASQA) has been a leader since 1989 when the field of stormwater management was in its infancy. Region 3 - Central Coastal Regional Water Quality Control Board covers the areas of: Santa Clara (south of Morgan Hill), San Mateo (southern portion), Santa Cruz, San Benito, Monterey, Kern (small portions), San Luis Obispo, Santa Barbara, Ventura (northern portion) counties.

ASBS

Area of Special Biological Significance

ASBS RMP

Area of Special Biological Significance Regional Monitoring Program

BMP

Best Management Practices

BMPGS

Best Management Practices Guidance Series

CASQA

California Stormwater Quality Association

CCWB

Central Coast Water Board

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Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Permit Element A. Application Requirements
CGP

Draft Phase II Permit

Construction General Permit

MRSWMP Program
Is a General Permit for all construction projects equal to or greater than one acre in size, or smaller if originally part of a larger common plan of development that required a SWPPP. A State rule that establishes water quality criteria for priority toxic pollutants for California inland surface waters, enclosed bays and estuaries Planned control measure that are implemented on construction sites to prevent soils from being dislodged and transported (Erosion) and if erosion occurs then retaining and capturing dislodged sediment from leaving the site (Sediment control). A methodology to assess the effectiveness of goals, objectives, outcomes and the tools used to achieve those outcomes with the final aspect being the development of a plan to improve the approach taken to achieve the desired outcomes. Hazardous Materials Business Plans contain basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of in the state (Chapter 6.95 of the Health and Safety Code) One of the six minimum control measures outlined with the NPDES program. The minimum required performance standard for implementation of municipal storm water management programs to reduce pollutants in storm water. A collaboration amongst eight (8) local agencies, known as Permittees intended to fulfill certain obligations of the PERMITTEES with regard to Phase 2 Storm Water NPDES requirements. Several non-permittees also participate in the program voluntarily. A regulated system. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body ... Basically, refers to proper methods or routines performed by Permittees (MS4s) that prevent and protect local water quality. 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, and pesticides and herbicides. ... Individual who is authorized to develop and revise SWPPPs.

CTR

California Toxic Rule

E&SC

Erosion & Sediment Controls

EAIP

Effectiveness Assessment Improvement Plan

HMBP

Hazardous Materials Business Plan

IDDE

Illicit Discharge Detection & Elimination

MEP

Maximum Extent Practicable

MRSWMP

Monterey Regional Storm Water Management Program

MS4

Municipal Separate Storm Sewer System

O&M

Operations & Maintenance

POC

Pollutant of Concern

QSD

Qualified SWPPP Developer 8 of 9

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Permit Comparison Summary (MRSWMP vs. Phase II Permit Requirements)

Permit Element A. Application Requirements Draft Phase II Permit MRSWMP Program
Individual assigned responsibility for non-storm water and storm water visual observations, sampling and analysis, and responsibility to ensure full compliance with the permit and implementation of all elements of the SWPPP, including the preparation of the annual compliance evaluation and the elimination of all unauthorized discharges. An online tool to assist dischargers (i.e. Permited MS4s) in submitting their NOIs, NECs, NOTs, and Annual Reports and etcetera. A plan that clearly establishes the protocols in how a business or facility operator shall respond to the spill of hazardous materials. A plan or guidance document that details how a business or agency will achieve compliance with a NPDES program. A SWPPP is a plan that describes the strategies and steps that will be taken to prevent nonpoint source pollution discharging from a construction site, industrial facility and / or commercial facility. The maximum amount of a pollutant that can be discharged into a waterbody from all sources (point and nonpoint) and still maintain water quality standards. The portion of a receiving water's total maximum daily load that is allocated to one of its existing or future point sources of pollution. Waste load allocations constitute a type of water quality-based effluent limitation. A systematic way to change the behavior of communities to reduce their impact on the environment. Realizing that simply providing information is usually not sufficient to initiate behavior change, CBSM uses tools and findings from social psychology to discover the perceived barriers to behavior change and ways of overcoming these barriers.

QSP

Qualified SWPPP Practitioner

SMARTS

Storm Water Multi-Application, Reporting, and Tracking System

SPP

Spill Prevention Pollution Plan

SWMP

Stormwater Management Plan

SWPPP

Stormwater Pollution Prevention Plan

TMDL

Total Maximum Daily Load

WLA

Waste Load Allocation

CBSM

Community Based Social Marketing

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION 2013-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A MEMORANDUM OF AGREEMENT (MOA) TO FORM THE MONTEREY REGIONAL STORMWATER MANAGEMENT PROGRAM
WHEREAS, the Federal Clean Water Act requires certain municipalities and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of stormwater to navigable water and the EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to administer the NPDES permit process within California and, the SWRCB has delegated authority to the California Regional Quality Control Board Central Coastal Basin to administer the NPDES permit process within its region; and, WHEREAS, on April 30, 2003, the SWRCB adopted Water Quality Order No. 2003-005-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); and, in 2002, the City of Carmel-by-the-Sea, entered into a Memorandum of Agreement and formed the Monterey Regional Storm Water Program in order to achieve regional cooperation and efficiency among the PERMITTEES in the implementation of the MS4 NPDES regulations; and, WHEREAS, on February 5, 2013, the SWRCB adopted Water Quality Order No. 2013-0001DWQ National Pollutant Discharge Elimination System General Permit No. CAS000004, which modifies the previous General Permit, Order 2003-0005-DWQ and the PERMITTEES, including the City of Carmel-by-the-Sea, wish to continue to implement the Monterey Regional Storm Water Management Program to efficiently and economically comply with NPDES requirements. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby: Authorize the City Administrator to enter into a Memorandum of Agreement (MOA) with the Monterey Regional Water Pollution Control Agency (MRWPCA) and other PERMITTEES to form the Monterey Regional Stormwater Management Program. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 2nd day of July 2013 by the following roll call vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

ATTEST: ____________________ Heidi Burch, City Clerk

SIGNED, ________________________ Jason Burnett, Mayor 47