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Home My WebLink AboutSS4 - Water Quality and Stormwater ObligationsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. ss4 February 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 9491644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Update on Newport Beach's Water QualitylStormwater Obligations ISSUE: New water quality regulations that took effect January 18, 2002. How should the City respond as an organization to address our new responsibilities? RECOMMENDATION: Discuss, receive, and file. DISCUSSION: The federal Clean Water Act (CWA) directs cities to control runoff entering storm drain systems (called Municipal Separate Storm Sewer Systems or "MS4s') so that the runoff does not hurt water quality at the end of the pipe. Newport Beach has more than 104 miles of MS4s that enter Newport Bay or the Pacific Ocean at about 212 locations. Newport Bay is "water quality - limited ", meaning that it has been placed on the CWA's Section 303(d) List because of excessive sediment, nutrients, fecal coliform, and toxic pollutants. Whenever the US Environmental Protection Agency (via the CWA) designates a water body as water quality - limited, regulators must develop plans with specific limits to reduce the impairments to acceptable levels -- these plans are called total maximum daily loads (TMDLs). Our tour TMDLs address the four impairments listed above. While the Pacific Ocean off of Newport Beach is generally quite clean and safe for recreational use, the State has designated two offshore regions as Areas of Special Biological Significance (ASBS). The Newport Beach ASBS lies off the coast of Corona del Mar south of Poppy and the Irvine Coast ASBS is off of Crystal Cove State Park. Update on Newport Beach's Water Quality Obligations February 25, 2003 Page 2 A 5 -year permit issued according to the National Pollutant Discharge Elimination System ( NPDES Permit) by the California Regional Water Quality Control Board, Santa Ana Region (Regional Board) regulates the discharge of both dry- weather and stormwater runoff into and out of our city's storm drain system. On January 18, 2002, the Regional Board adopted a new NPDES Permit (through 2007) for the City, the County, and 24 other co Permittee cities. The NPDES Permit tells us how to limit urban runoff, enforce and report violations, educate residents and businesses, and to comply with the Permit. To implement the current Permit, cities in Orange County and the County of Orange have agreed to continue a relationship of Lead Permittee (the County) and Co- Permittees (cities). Implementation is spelled out within the Drainage Area Management Plan ( "DAMP ") and involves: Monitoring water bodies for contaminants (County's responsibility); Reporting on NPDES activities, attending meetings, and participating in training and workshops (a Lead- and Co- Permittee responsibility); Developing municipal best management practices ( "BMPs "), like storm drain cleaning and street sweeping standards (County's responsibility); Developing and implementing a Local Implementation Plan (LIP) that describes exactly how and what our City will do to comply with the permit. The LIP addresses: • Water quality education; • Our adherence to the municipal BMPs; • How we will enforce our Water Quality ordinance; • How we will inspect commercial, industrial, and construction facilities; • How we will integrate water quality within our planning processes, General Plan, and building and grading codes; • How we will reduce and eliminate sanitary sewer overflows (SSOs); • What the City's NPDES organization will look like; and • More. This staff report and the Study Session presentation are about the City's duties under the NPDES Permit - specifically what we will be required to do within our LIP and how we might fund the activities described in the LIP, The City Council -- at a date sometime in May 2003 -- will be asked to adopt the LIP. We will submit our LIP along with LIPs from all Santa Ana Region cities to the Regional Board for review and approval on or before June 1, 2003. For more background about NPDES and the January 18, 2002 MS4 Permit, readers should review an NPDES staff report from November 11, 2001 on the City's website (www.city.newport- beach.ca.us). Readers can also look to www.CleanWater Newport.com for additional water quality information. 2 Update on Newport Beach's Water Quality Obligations February 25, 2003 Page 3 Environmental Review: The City Council's consideration of this Study Session Agenda Item does not require environmental review. The County's adoption of the Drainage Area Management Plan (DAMP) was subject to the California Environmental Quality Act (CEQA). The County completed a mitigated negative declaration (MND) on the DAMP. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: Dav Assistant City Manager Attachments: Attachment A -- Newport Beach's Water Quality /Stormwater Responsibilities Attachment B -- Proposed Organizational Chart Attachment C -- Funding Alternatives ti Attachment A Newport Beach's Water Quality /Stormwater Responsibilities Inspect Municipal Facilities - Inventory & Inspect all City Buildings & Yards REQUIRED Limited - Inventory & Inspect all City Field Programs REQUIRED No - Inventory & Inspect all City Drainage Facilities REQUIRED Limited - Prioritize "threat" to Water Quality REQUIRED No - Develop and adhere to Maintenance Procedures REQUIRED Limited - Document all inspections within Env Perf Report (EPR) REQUIRED Limited - Follow -up where EPR says corrections needed REQUIRED No - Report all EPRs and corrections annually REQUIRED Limited Inspect Storm Drain System - Identify and eliminate illegal discharges REQUIRED Yes - Identify and eliminate illicit connections REQUIRED Yes - Develop and implement spill response system REQUIRED Yes - Participate in dry- weather monitoring to detect IC /ID REQUIRED No - Conduct source investigations REQUIRED Yes - Document all actions REQUIRED Yes Inspect Residential Areas, incl COAsIHOAs - Areas with activities that threaten water quality REQUIRED No - Areas with ESHAs REQUIRED No - Designate and enforce selected BMPs REQUIRED No - Report annually and assess progress REQUIRED No Inspect Commercial Areas - Develop and maintain inventory of all commercial areas REQUIRED No - Determine threat to WQ of each REQUIRED No - "Compliance" inspect all sites at least 1x per permit term REQUIRED No - "Follow -up" inspect 12x/year then 4x/year REQUIRED No - Document and report all actions REQUIRED No - Assess annually REQUIRED No Inspect lindustrial Areas - Develop and maintain inventory of industrial areas REQUIRED No - Determine threat to WQ of each REQUIRED No - "Compliance" inspect HI sites at least 1x/year REQUIRED No - "Compliance" inspect MED sites at least 1x/2 years REQUIRED No - "Compliance" inspect LOW sites at least 1x/permit term REQUIRED No - "Follow -up" inspect 12x/year then 4x/year REQUIRED No - Document and report all actions REQUIRED No - Assess annually REQUIRED No Inspect Construction Sites - Develop and maintain inventory of all active permits REQUIRED Yes - Determine threat to WQ of each REQUIRED No - Require adherance to BMPs REQUIRED Yes - Inspect private sites for compliance with SWPPs, ESCPs, WQMPs - HIGH = Rainy /Monthy, Dry/As Needed REQUIRED No - MED = Rainy /2x, Dry/As Needed REQUIRED No - LOW= Rainy /1 x, Dry/As Needed REQUIRED No - Inspect public works sites for compliance with ESCP or WQMP - HIGH = Rainy /Monthy, Dry/As Needed REQUIRED No - MED = Rainy /2x, Dry/As Needed REQUIRED No - LOW = Rainy /1x, Dry/As Needed REQUIRED No - Where Violations found, inspect weekly until done. REQUIRED No - Assess construction site inspection program annually REQUIRED No - Make final check before C of O to ensure WQMP compliance REQUIRED No L-I Attachment A Newport Beach's Water Quality /Stormwater Responsibilities upoare ary uroinances tone -rime or mirequenr activities) - Water Quality REQUIRED No - Grading REQUIRED Yes - Planning and Zoning REQUIRED No - Trash Control REQUIRED No Update General Plan to protect water quality REQUIRED Underway Update LCP to protect water quality REQUIRED Underway Review CEQA doc process to ensure runoff addressed REQUIRED No Review development project WQMPs (design, BMPs, on -site treatment, r REQUIRED No Review public project WQMPs (design, BMPs, on -site treatment, more) REQUIRED No Revise and update conditions of approval (for BMPs) REQUIRED No Train designers /contractors about WQMPs OPTIONAL No Assess effectiveness of City's W MP program REQUIRED No Enforcement of R • . Other Ordinances Issue enforcement actions, letters REQUIRED Yes Provide documentation for enforcement actions REQUIRED Yes Education & Training Outreach about Water Quality Provided to: -City Staff REQUIRED Limited - Residents REQUIRED very limited - Contractors REQUIRED No - Industrial Owners /Operators REQUIRED No - Stores /Commercial Operators REQUIRED No - Schools REQUIRED No - Community Associations /HOAs REQUIRED No - Other public agencies REQUIRED No Training about Water Quality / NPDES to: -City Employees REQUIRED No - Spill Prevention Training (2 -3 hours) REQUIRED Limited - ID /IC Training (2 -3 hours) REQUIRED Limited - General NPDES Program training (2 -3 hours) REQUIRED No - Fixed Facility Management Training (2 -3 hours) REQUIRED Limited - Field Program Training (2 -3 hours) REQUIRED Limited - Contract staff REQUIRED No - Contractors REQUIRED No Hotline with response REQUIRED No Development of Newport Beach - specific materials OPTIONAL Limited Development of a Water Quality Video OPTIONAL Yes Speakers' Bureau OPTIONAL No Booths /tables at community events OPTIONAL very limited Update web site(www.CleanWaterNewport.com) REQUIRED Yes Qualify Water Participate in County, Region, and Watershed Monitoring REQUIRED Limited Participate in New Science Studies - Standardization of Protocols REQUIRED Limited - MicrobialSourceTracking REQUIRED Limited - Peak Flow Impacts REQUIRED Limited Attachment A Newport Beach's Water Quality /Stormwater Responsibilities Prepare and submit Annual NPDES Report REQUIRED Yes Prepare and submit Annual Fiscal Impact Analysis REQUIRED Yes Attend Meetings - NPDES Co- Permittee Monthly Meetings REQUIRED Yes - Technical Advisory Committee (TAC) Monthly Meetings OPTIONAL No - Task Forces (9) - Education, Monitoring, Inspections, etc OPTIONAL Limited Participate in development of next 5 -year permit REQUIRED • WWWTV Storm Drain and V -Ditch Cleaning - Clean 80% of storm drains per year w /100% every 2 years REQUIRED Almost Street Sweeping NB = weekly - Sweep streets monthly REQUIRED No alleys swept - Implement Sweeping - Related Parking Restrictions OPTIONAL About 30% of city Sidewalk, Plaza, Pier Cleaning - Vacuum up wash water REQUIRED Yes Solid Waste Handling and Recycling - Follow all applicable laws relating to solid waste handling REQUIRED Yes - Provide containers for the collection and storage of recyclable REQUIRED Limited materials Landscaping /Landscape Maintenance - Actively use Integrated Pest Management (IPM) REQUIRED Yes - Actively follow recommendations regarding fertilizers REQUIRED Yes - Hand weed where practical OPTIONAL Yes - Use xeriscape landscaping materials OPTIONAL Limited Vehicle Cleaning -- Only clean where water drains into clarifiers REQUIRED in some cases Vehicle Fueling -- New berming requirements REQUIRED in some cases Incorporate NPDES /BMPs /Permit requirements in contracts REQUIRED Limited Inventory all Fixed Facilities and Field Facilities REQUIRED No Prioritize all Fixed and Field Facilities based on ESHA/Section 303(d) REQUIRED No proximity Implement BMPs based on inspections (see Inspections above) REQUIRED Limited i� % U a \ 2k § '/ = e \ � Mol _0 _ § 0- § � o F =co f /{B\ IB \; § a j/} \ § » Be±« —3@@ k § j } V) » \ k � \ / § k } \ & ! ) ) .§ \ \� }\ /$: �)) \\ {3 k \ C 0 2 2D \ § \ § k \ / \ k \ k b k v � § [ \/ 0 EU \ M \ _ °� § \ IL m / \ \ f U) \ \ \ u \ \ 7)) k LU 3 m LU I6E ;lE m 3: 0> 0 I6� ) //0 §�) {/ A =c CL )k�\ \\ ) k�2 ®/2 ƒ3® a� M kkk LU } .2 \� \ §ƒ /)Eo X222 }� \M IL } o /0 \\� ®> ]f!a {2\ 0Cvi2 { \ \� \ \0 New Stormwater Obligations for Newport Beach Newport Beach City Council Tuesday, February 25, 2003 By DaVa Kiff, Assistant City Manager The Regulation K The federal Clean Water Act requires States to protect recreational waters from pollutants. S Part of the CWA is the National Pollutant Discharge Elimination System or " NPDES" G Another part of the CWS is Section 303(d), which says that water quality - limited water bodies must have clean -up plans (called Total Maximum Daily Loads) What the Permit Says Water in the gutter during dry weather is probably illegal. Priority #5 '!g Develop an organizational response to the City's new NPDES Permit obligations The Regulation 'ir. In California, the State Water Quality Control Board and its nine "Regional Boards" implement NPDES in part by issuing cities permits to operate Municipal Separate Storm Sewer Systems (MS4s). The current MS4 Permit — adopted by the Santa Ana Regional Board and fully supported by the City in January 2002 — is the subject of today's Study Session discussion. What the Permit Says Water in the gutter during dry weather is probably illegal. A� are we concerned about plain of water? n It's not the water per se - it's what the water carries with it to the storm drain and to the Bay and Ocean: - Femaers (cause algae blooms...) - Pesticides (kills bugs in the Bay that fish eat, cause problems A) humans, too) - Car & truck chemicals (heavy metals & oils that ham aquatic life) - Dog marine, blind droppings. rabbit droppings (full of bacteria) - Sediment (adds m turbidity and cames toe much nitrogen& phosphorous) - Trash & Yard Debra (ugly and has bacteria. ) - Soaps and cleaning supplies (even 'safe" soaps kill some under; and take the scales oft of fish) What about the Gutter? What gets into the gutter goes down into a storm drain (through the catch basin inlets) and goes straight to the Bay and Ocean — NO TREATMENT. — We try and filter it in some locations — In very few other places, during dry weather we intercept it underground and diver it to the sewer line, so that it does undergo treatment. What the Permit Says Water in the gutter during dry weather is probably illegal. Your CBI Money at Work Catch Fx,n Scrr* s Storm Drain Filter r- A What the Permit Says Water in the gutter during dry weather is probably illegal. Why aren't gutters dry when it's dry? z We over -water our landscaping! — Residents do it — Businesses do it — HOAs do it — The City sometimes does it We hose down: — Storefront windows and awnings — Patios, Driveways & Sidewalks III The solutions are easy Better Design at the start r of a Ir•:wi f ?arkrrq µts^%-.wan_ Permeable Driveways PCH Runoff— Newport Coast The solutions are easy Weather -bash Sprinkler Co-vNs Pilot areas in Irvine saw a 60 - 10o< rM.t.rr, in rrr;M w'�a ;hey used the Weather -Trak sprinkler C.rICWiE .c What the Permit Says Water in the gutter during dry weather is probably illegal. 3 "Probably illegal ?° What's that about? What's permitted in Anaheim Hills may not be OK in Newport Beach. The Permit reads that "certain discharges ... need not be prohibited..." like: - Discharges composed entrely ofstorda water; - Potable water the gushing and Omer potable water spumes, - Iandwape inigadon, lawn gamen watering and other indignant waters - Dachbrinated swimming pool dimharyes - Non commamial vehicle washing - Eadi fire fighting flows illegal ?" What's that about? t< Discharges from the MS4s shall not cause or contribute to exceedances of receiving water quality standards (designated beneficial uses and water quality objectives) for surface waters or groundwaters. what does that mean for us? r Plan Check - Check plans for WQ protections... - Some (most ?) residential projects - Most commercial projects - All City Public Works Projects a WQ Monitoring: - Participate in region -wide program u Administration: - Extensive new reporting requirements, including filling out all those forms for the inspections. a "Probably illegal ?" What's that about? t: By November 15, 2003, we must prohibit discharges of (short list): - Runoff from the washing of toxic materials from paved or unpaved areas; - Pet waste, yard waste, litter, debris, sediment etc - Runoff from material storage areas - Water from cleaning of municipal, industrial, and commercial sites, including parking lots, streets, sidewalks, di patios, plazas. work yards and outdoor eating or drinking areas, etc what does that mean for us? Lots of field inspections: - Building sites - Commercial areas - our own City sites - Residential areas and HOAICOA areas ?v Education and Training: - Of City staff & our contractors - Of builders and architects A note about plan check... 2sThe permit requires certain new development.... - +5,000 sf of impervious surface - + 10 unit home subdivisions - +100,000 sf commercial developments - +2,500 sf developments adjacent to (w /in 200) or that discharge directly into ASBSs or ESHAs or Section 303 (d) listed water bodies... A note about plan check... ... to include Water Quality Management Plans that include: - Retention Facilities for on -site treatment; and - Specifically designed BMPs (site - specific or watershed- specific), - including: swales a Org Response... Div of Code Serviceswater Quality (Jim smarok) Sr. WO Specialist Code Services proposed ailing PraPoartt_ S Education Field Inspections p5 %'IEOnwenl (2p LlE popmetl Engineering Grease 105FrE N5°) ..I - Immacwortpowol P How might we fund it? G May be able to transfer some unfilled positions. b Food facility inspector funded by inspection fee as a part of food prep facility business license. b WQ Plan check funded by WQ plan check fee (equal to the cost of checking the plan and inspecting for its adherence). h Because water conservation is a big pad of the solution, consider using a portion of existing water rate to pay for. - Education program - xenncapeplan ogproyam what does that mean for us? s Municipal Activities (County & inland cities chose to interpret the regs as 'minimum' model maintenance procedures): - Inspect /Clean Stonn Drains mom extensively, - Street sweeping (we're OK here, but could add parking enforcement and alleys) - More use of xedscape materials - Inventory, inspect. and improve fixed facilities (Yards, stations, City Hall) - Inventory, inspect, and improve field facilities (landscaping, road repair. etc.) How will this add to NPDES costs? 6, At least 3 staff positions = $210,000 annually b One contracted food facility/GI inspector = $40,000 annually About $50,000 more for education 1 Some one -time costs to upgrade deficient City facilities (fire engine cleaning areas, berming around fueling areas, etc) How might we fund it? n Examine contracting out for some services - GI inspection, etc. (doesn't always save money, but might). & Grant funds (Clean Beaches Initiative) for one -time capital projects (screens, filters, and diversions) - received $500K already. Ongoing NPDES ineligible for grant funds. & Some cities will enact- as San Clemente did - a voter - approved stormwater fee to pay for more street sweeping, catch basin cleaning. For More Information www.CleanWaterNeWport.com (city's WQ website) L www.swrcb.ca.gov /rb8 (the permit) & www.stormwater.com (info about all these materials we've talked about) t www.ocwatersheds.com (County activities) More Innovation Runoff Treatment Wetlands System