The URL can be used to link to this page

Home My WebLink AboutS23 - Newport Bay Copper StudyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. Sts April 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 ordkiff @city.newport- beach.ca.us SUBJECT: Resolution 2005-: Authorization to Enter into a Newport Bay Copper (Cu) Study with the State Water Resources Control Board ISSUE: Should the City participate in a copper study of Newport Bay with the State Water Resources Control Board? • RECOMMENDATION: 1. Adopt Resolution 2005 - authorizing the City Manager to enter into a $75,000 copper study with the State Water Resources Control Board; 2. Approve Budget Amendment # accepting $75,000 from the State Board and appropriate funds for this Study. DISCUSSION: Background: Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act. As such, the US Environmental Protection Agency (US EPA) and the State Water Resources Control Board (SWRCB) via the California Regional Water Quality Control Board, Santa Ana Region (Regional Board) is directed to prepare "total maximum daily loads" (TMDLs). A TMDL is a management plan to eliminate a water quality impairment within a certain amount of time. Newport Bay is listed on the §303(d) List for the following substances: • Sediment • Nutrients • Fecal Coliform bacteria • • Toxic Pollutants (including Metals) Copper Study April 26, 2005 Page 2 0 The Toxic Pollutants TMDL for Newport Bay was promulgated in June 2002 by USEPA, and a separate Metals TMDL is currently under development. Metals shown to exceed the California Toxics Rule (CTR) values in Lower Newport Bay include Copper (Cu), Mercury (Pb) and Zinc (Zn). Recent Studies have shown that metals are present in Newport Bay at levels that raise concerns for the health of the bay ecosystem. Copper and other metals are known to be toxic to fish and other aquatic species. It is suspected that antifouling boat paints are a source of Cu to the Lower Bay. These paints are designed to leach Cu into the water, mostly as cuprous oxide, to reduce the fouling of boat bottoms with barnacles and algae. The leaching of Cu from antifouling boat paints is well documented, and has been quantified in a study by the Southern California Coastal Water Research Project (SCCWRP). However, questions remain as to the disposition of the copper once it is released into the harbor -- does the Cu remain in the water, absorb onto the sediments, or flush out of the Bay with the tides? Boatyards are another potential source of copper to Newport Bay since boat hulls are cleaned, scraped and sandblasted, and there is a potential for discharge into the Bay (although a no discharge rule is in effect via the State Board's General Industrial Stormwater Permit). According to USEPA marina data, higher levels of Cu have been found near maintenance area drains and fuel docks than at other locations, suggesting that maintenance areas and fueling stations are sources of metals to the water and • good targets for pollution prevention practices. Other metals such as lead, copper, arsenic, zinc, mercury, nickel, lead, chromium, and tin have many functions in boat operation, maintenance, and repair. Common metal containing products used in boat activities include gasoline, anti - fouling paints, pesticides, and wood preservatives. Metals can enter the waterways during uncontrolled pressure washing, painting, antifouling or fueling activities. Metals in the water may adsorb to suspended particles and settle, form salt precipitates, or be flushed out of the marina. Benthic organisms that lie in the sediment may ingest these metals, and filter feeders, such as mollusks, may accumulate metals from the water. In addition, sediments may be resuspended and release metals back into the water. An additional source of metals to Newport Bay is urban runoff which may enter the Bay via storm drains or surface runoff. Metal inputs to the Bay from stormwater inputs can be significant in winter. Dozens of storm drains empty into Newport Bay (over 200 smaller storms drains to Lower Newport Bay) and studies show high metal concentrations around storm drains in the Rhine Channel section of the Bay. The State Water Resources Control Board, working through its Regional Board (Region #8) has proposed a TMDL - compliant study to examine the Cu/metal concentrations in the water and sediments in a number of marinas in Lower Newport Bay. The Study will attempt to determine if the Cu leached from Cu antifouling boat paints remains in marina waters and sediments or is flushed out with the tides. It will also examine some stormwater inputs to marinas. The study will include marinas with and without • i� • Copper Study April 26, 2005 Page 3 stormdrains, along with channel sites, to attempt to determine if boats in marinas are a major source of Cu to Lower Newport Bay marinas. The State Board is providing 100% of the $75,000 needed for this study. Committee Action: Workplan and results to this study will be brought to the Coastal /Bay Water Quality Committee and the Harbor Commission at a future date. The study workplan itself has not been reviewed by either body. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: $75,000 is available from the State Water Resources Control Board for this Study. Submitted by: Dave Kiff Assistant City Manager. Attachments: Resolution 2005 - Budget Amendment #_ Copper Study ApnJ 26, 2005 Page 4 • RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH THE STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD TO PERFORM A COPPER STUDY OF NEWPORT BAY WHEREAS, Newport Bay is an impaired water body under the Federal Clean Water act for four categories of pollutants - sediment, nutrients, fecal Coliform, and toxic pollutants; and WHEREAS, as an impaired water body, the Bay is subject to the creation and implementation of daily limits of these pollutants and plans to achieve certain water quality goals within a time certain; and WHEREAS, these limits and plans are called Total Maximum Daily Loads (TMDL); and WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002 and contains limits on pollutants like pesticides and metals; and . WHEREAS, one of the metal pollutants of concern is copper (Cu), deposited in the bay's waters by antifouling paints, brake dust, and stormwater sources; and WHEREAS, the State Water Resources Control Board, as a part of implementing the Toxic Pollutants TMDL, has directed and agreed to fund a Copper Study to examine inputs of copper to the Bay and the transport of copper across the Bay ecosystem; now, therefore be it RESOLVED by the City Council of the City of Newport Beach, that it hereby authorizes the City Manager or his designee to execute a grant agreement or contract with the State Board or its Regional Board to conduct a Copper Study of up to $75,000; and be it further RESOLVED that the City staff is hereby authorized to assist the Board in preparing and collecting the necessary data, conducting investigations, or entering into contracts with entities up to $75,000 to perform sampling and /or analysis relating to this Study. • • ADOPTED this 26" day of April, 2005. ATTEST: LAVONNE HARKLESS City Clerk • r1 LJ STEVE BROMBERG Mayor of Newport Beach Copper Study April 26, 2005 Page 5 City of Newport Beach NO. BA- 059 BUDGET AMENDMENT 2004 -05 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $75,000.00 NIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To increase revenue and expenditure appropriations for a Newport Bay Copper Study, funded by the State Water Resources Control Board. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 455 3605 REVENUE ESTIMATES (3601) • Fund /Division Account Description 455 4XXX Environmental Contributions Fund - SWRCB $75,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7455 Environmental Contributions Fund - SWRCB Account Number C5100804 Newport Bay Copper Study $75,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: AA-4�� c Financial Approval: Administr4ye SeKices Director Date Signed: 9 d� Administrative Approval: City Manager Dat • Signed: City Council Approval: City Clerk Date