HomeMy WebLinkAboutCC Resolution 13553 (Water Resources Control Board Phase II)RESOLUTION NO. 13553
A RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY
MANAGER TO APPLY FOR COVERAGE UNDER THE STATE WATER
RESOURCES CONTROL BOARD'S PHASE II SMALL MUNICIPAL SEPARATE
STORM SEWER SYSTEMS (MS4) GENERAL PERMIT
WHEREAS, the Federal Clean Water Act (CWA) establishes the basic structure for
regulating discharges of pollutants into waters of the United States; and
WHEREAS, the CWA was amended in 1987 to address nonpoint source pollution,
thereby requiring the U.S. Environmental Protection Agency (EPA) to issue National Pollutant
Discharge Elimination System (NPDES) permits for stormwater discharges; and
WHEREAS, on December 8, 1999, U.S. Environmental Protection Agency (EPA)
promulgated regulations under the authority of the CWA establishing Phase II of the NPDES
stormwater program, thereby requiring municipalities serving populations less than 100,000 to
implement a stormwater management program as a means to control polluted discharges from
their municipal separate storm sewer systems; and
WHEREAS, the U.S. EPA delegates NPDES permitting authority to the California State
Water Resources Control Board (State Board); and
WHEREAS, on April 30, 2003, the State Board adopted Water Quality Order No. 2003-
005-DWQ, NPDES General Permit CAS000004 Waste Discharge Requirements for Storm
Water Discharges from Small Municipal Separate Storm Sewer Systems ("Phase II Permit") to
comply with Clean Water Act; and
WHEREAS, the City of San Rafael is currently covered by the State Board's 2003 Phase
II Permit; and
WHEREAS, on February 5, 2013, the State Board adopted a revised Phase II Permit,
which goes into effect on July 1, 2013; and
WHEREAS, the City of San Rafael is required to apply for coverage under the new
Phase II Permit by the effective date of the Permit; and
WHEREAS, the application for coverage, known as the Notice of Intent (NOI), must be
signed by a "Discharger" who is an executive officer or ranking elected official of the designated
municipality; and
WHEREAS, the Discharger is responsible for reviewing, validating and certifying the
NOI for accuracy and correctness and submitting it electronically using the Storm Water Multi -
Application, Reporting, and Tracking System (SMARTS) by July 1, 2013; and
WHEREAS, the applicable NPDES permit fee, jurisdiction boundary map, and guidance
document noting overall program planning and identification of all Permit requirements and
responsible implementing parties must be submitted with the NOI; and
WHEREAS, through the SMARTS, which is the Regional Water Quality Control Boards
computer system, application process the Discharger may assign one or more Duly Authorized
Representatives (DARs) to certify and submit annual reports on behalf of the Discharger.
NOW, THEREFORE, BE IT RESOLVED that the City of San Rafael hereby:
1. Authorizes the City Manager to serve as the Discharger and to apply for coverage under
the Phase II Permit on behalf of the City of San Rafael, by electronically submitting a
Notice of Intent via SMARTS. This authorization extends to other actions that may be
necessary to complete and submit the NOI.
2. Authorizes the City Manager to assign one or more Duly Authorized Representatives to
certify and submit annual reports on behalf of the City Manager.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 17`h day of June, 2013 by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ESTHER C. BEIRNE, City Clerk
File No.: 08.07.08.03