Loading...
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 • - 1i 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: j - C41 V City Manager (signature) City Attorney (signature�