HomeMy WebLinkAboutPW Storm Water Permit/ e Ado
Agenda Item No: 3. h
Meeting Date: June 17, 2013
Department: Public Works
Prepared by: �' City Manager ApprovaW
Public Works Director (DD)
File No.: 08.07.08.03
SUBJECT: A RESOLUTION OF THE CITY COUNCIL 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 ON BEHALF OF THE CITY OF SAN
RAFAEL.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution authorizing the City Manager to apply for
coverage under the State Water Resources Control Board's (State Board) Phase II Permit on behalf of the
City of San Rafael and its storm sewer system.
BACKGROUND:
The Federal Government adopted the Clean Water Act in 1971 to improve water quality. In 1987 the
Clean Water Act was amended to extend regulatory authority over "non -point source" (a.k.a. stormwater)
discharges, and in 1991 the Environmental Protection Agency (EPA) issued rules and started regulating
storm water, requiring large communities to obtain a National Pollution Discharge Elimination System
(NPDES) permit, and develop and implement plans to control stormwater pollution. The EPA started
regulating small communities in 1999. Marin County and all its cities are considered small communities
and have been regulated under a General Permit since 2003. That permit was revised on February 5, 2013
(Phase II Permit) and is now being implemented. This resolution is necessary to acknowledge our City's
obligation to comply with the Federal Government's revised permit.
In 1993 Marin County communities formed an administrative group to assist agencies to respond to the
new regulations. This group eventually evolved into the Marin County Stormwater Pollution Prevention
Program (MCSTOPPP) whose role is to coordinate permit compliance, conduct compliance activities for
the benefit of all MCSTOPPP members, and track stormwater regulations on behalf of member agencies.
The new Phase 11 Permit significantly expands the responsibilities of both MCSTOPPP and local
jurisdictions to monitor and report on stormwater pollution prevention efforts in their communities.
Exhibit A, attached to this report is a summary of the Phase II permit actions for which the City will be
required to comply.
File No.: I
Council Meeting: /_-0;
Disposition: € T r
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paste: 2
ANALYSIS:
While the totality of these new regulations appears daunting, the implementation schedule is sufficient to
allow MCSTOPPP and its member agencies to maximize the benefits of countywide coordination and
cost sharing. In the coming year, most of the workload impact will be the result of increased
administrative requirements. Fieldwork and reporting will ramp up in year two.
The City is required to adopt the attached Resolution designating a "Discharger", who must be an
executive officer or ranking elected official, to apply for the permit and provide required maps and other
documentation.
FISCAL IMPACT:
The City of San Rafael currently funds its stormwater program and permit compliance activities from
various storm water fees and the general fund. Permit compliance costs will increase starting in fiscal
year 14/15 based on the new Phase II Permit. Many cities and towns in California have established a
small property based assessment to help pay for their stormwater programs; which is something the City
of San Rafael may want to consider in future fiscal years.
This assessment would supplement the existing runoff fee that has not been increased since 2000.
ACTION REQUIRED:
Adopt Resolution appointing the City Manager as "Discharger" and authorizing application to the State
for coverage under the Phase II Permit. The State Water Resources Board has requested that the City
Manager initially sign up for the Phase 1I program on behalf of the City. The City Manager can delegate
the responsibility of these duties to the Department of Public Works after the initial sign up.
Enclosure
1. Exhibit A
2. Resolution
Task Summary of National Pollution Discharge Elimination System (NPDES) Phase II Permit for
the City of San Rafael
The following is a summary of tasks that must be completed in the next five years by the City of
San Rafael to be in compliance with the NPDES Phase 11 permit. As in previous years, the
County's MCSTOPPP team will take a lead in many of these activities with our City staff also
taking an active role in all actions. Some of these activities are already being done in the City of
San Rafael and throughout the County, but will need to be enhanced to meet Phase II Permit
requirements. MCSTOPPP will play a significant role in this effort, reducing the overall expense
and operational burden for member agencies.
General Categories
• For planning purposes, establish a countywide MCSTOPPP permit implementation plan
and update the MCSTOPPP Joint Exercise of Powers Agreement. These documents will
define Countywide MCSTOPPP tasks versus local municipal tasks.
• Revise and otherwise update maps showing the municipal boundary, significant storm
drains and outfalls.
• Map and inspect City of San Rafael owned facilities such as parks, corporation yards, and
building sites with potential pollutant discharge exposure risks.
• Create a process to include Water Quality and Habitat enhancement features in flood
control projects.
• Implement a Water Quality Monitoring program.
• Implement the applicable Urban Creek Diazinon and Pesticide Toxicity Total Maximum
Daily Load (TMDL) and the Richardson Bay Pathogen TMDL requirements.
• Utilize a State reporting system to document compliance efforts.
Changes affecting development (private and public)
• Require certain development projects to install permanent stormwater treatment
measures. Projects that add or replace 5,000 square feet (SF) of impervious surface are
subject to prescriptive requirements which include grassy swales and natural treatment
systems that can filter stormwater on site. Projects that add or replace 2,500-4,999 SF of
impervious surface are subject to less involved requirements. It will be necessary to
annually report on the performance and upkeep of the facilities. Some road and utility
projects will be subject to stormwater treatment requirements.
• Require all building and grading permit projects that disturb soil to submit and comply
with an Erosion and Sediment Control Plan.
Ensure that staff is trained and certified to review and approve Erosion and Sediment
Control Plans and to inspect their implementation.
Create and continuously update a database to document and track projects' pollution
control practices during construction and their ongoing operations and maintenance of
permanent stormwater treatment facilities.
Illicit Discharge Detection and Elimination
+ Track and report Sanitary Sewer Overflows as illicit discharges.
• Update urban runoff pollution prevention ordinance to prohibit overwatering from
landscaped areas.
Exhibit A
NPDES Phase II tasks
Page 2 of 2
Illicit Discharge Detection and Elimination (Continued)
• Conduct dry weather flow outfall monitoring to detect and require corrective actions for
overwatering and illicit discharges and connections. This will require procurement of test
kits, and specialized training to ensure testing is done in accordance with accepted
sampling and testing protocols and practices.
Municipal Maintenance Operations
• Assess and prioritize storm drain system maintenance based on accumulation of
sediment, trash and debris, verify that activities are performed according to priorities and
document waste material disposal procedures.
• Implement landscape maintenance and design programs to minimize the use of herbicides
and pesticides.
Public Education and Effectiveness Assessment
• Develop a targeted Public Outreach Strategy designed to measurably increase knowledge
and awareness and conduct surveys in order to assess changes.
• Conduct construction industry outreach.
• Develop and implement a staff training program to ensure effective implementation of
the Illicit Discharge Control, the Municipal Maintenance Operations, and the
Construction Site Management requirements.
• Create a plan to establish criteria for measuring and improving successful performance.
\\Sr_p \projects\08 Drainage\08.0? Studies and Reports\08.07.08 MCSTOPPP201 L-06-1 i CounciiTAHiBI A.doc
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 11 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 11 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 11 Permit") to
comply with Clean Water Act; and
WHEREAS, the City of San Rafael is currently covered by the State Board's 2003 Phase
11 Permit; and
WHEREAS, on February 5, 2013, the State Board adopted a revised Phase 11 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 11 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 11 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.
1, 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`" day of June, 2013 by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(441
ESTHER C. BEIRNE, City Clerk
File No.: 08.07.08.03
CITY OF SAN RAFAEL
W 0 a ± 0 a M • A •
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INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA/ SRCC AGENDA ITEM NO. 3.h
DATE OF MEETING: June 17, 2013
FROM: Kevin McGowan
DEPARTMENT: Public Works
I
DATE: 616/13
TITLE OF DOCUMENT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY
MANAGER TO APPLY FOR COVERAGE UNDER THE STATE WATER RESOURCES CONTROL
BOARD'S PHASE 11 SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4) GENERAL
PERMIT ON BEHALF OF THE CITY OF SAN RAFAEL.
A
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
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C41 V
City Manager (signature) City Attorney (signature�