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									                    April 23, 2009
                    Elisa Wilfong
Contra Costa Clean Water Program
Presentation Overview
I.     Regulatory Drivers
       a.   Bay Area Implementation
       b.   Bay Area Stormwater Management Agencies
II.    Reissued Tentative Order
       a.   Existing Permit
       b.   History of MRP
       c.   Current TO MRP Timeline
       d.   Proposed MRP Term and Annual Reporting
       e.   MRP Section Layout
III.   Review of Section C.2: Municipal Operations
       a.   Overview   of C.3 Green Projects
       b.   Overview   of IDCA provision
       c.   Overview   of Pesticides Toxicity Control provision
       d.   Overview   of Trash provision
IV.    Next Steps
       a.   May 13 Public Hearing
       b.   Plan for MRP adoption
I. Regulatory Drivers
   Federal Clean Water Act
     1972 National Pollutant Discharge Elimination Program
      (NPDES) Permit Program for “Point Sources”
     1987 Amendments & Section 402(p)
      ○ Added Municipal, Industrial, and Construction Discharges
      ○ USEPA Promulgates Phase 1 Stormwater Rules (November

   State Water Code
     Porter-Cologne Act
     Basin Plans
     State Water Resources Control Board (SWRCB) and its Nine (9)
      Regional Water Quality Control Boards (RWQCBs) administer
      the federal NPDES stormwater permit program
      ○ Individual Permits
      ○ Area Wide Permits
      ○ General Permits
Bay Area Implementation
   Santa Clara Valley Urban Runoff Pollution Prevention Program
     1990, 1995, 2001

   Alameda Countywide Clean Water Program
     1991, 1996, 2003

   Contra Costa Clean Water Program
     1993, 1999

   San Mateo Countywide Stormwater Pollution Prevention Program
     1993, 1999

   Fairfield-Suisun Urban Runoff Management Program
     1995, 2003

   Vallejo Sanitation and Flood Control District
     1999
Bay Area Stormwater Management
Agencies Association (BASMAA)
   Established in 1991

   Now a Consortium of Eight (8) Stormwater
     More than 90 agencies, including 79
      cities/towns and 6 counties

   Memorandum of Understanding

   Promotes
     Information Sharing and Cooperation
     Cost Sharing through Regional Implementation
     Advocacy for Common Interests
Existing Permit
1.   SFB Order No. 99-058: 7/99 – 7/04
        Amendments
         ○ Order No. R2-2003-0022 (Provision C.3)
         ○ Order No. R2-2004-0059 (BayKeeper Suit)
         ○ Order No. R2-2004-0061 (BayKeeper Suit)
2.   CV Order No. 5-00-120: 6/00 – 6/05

    Both Permits Administratively Extended
     Pending Issuance of the MRP
History of MRP
   10/04: RWQCB/BASMAA Initiate Formal MRP Discussions
   6/05: BASMAA/RWQCB Develop MRP Goals & Process
   10/05: MRP Work Groups Begin Meetings (BASMAA, RWQCB, NGO) through April 2006
   11/05: RWQCB Unilaterally Changes Process & Timeline
   5/06: BASMAA/NGO Steering Committee Representatives Agree Process Unproductive
   5/06: RWQCB Releases Revised Process & Timeline
   8/06: RWQCB Releases “MRP Unresolved Issues”, Comments Due August 25, 2006
   8/06: RWQCB Revises Deadline September 6, 2006
   9/06: BASMAA Submits Preliminary Comments by September 6, 2007 Deadline
   9/06: BASMAA Submits September 22, 2006 “Draft Performance Standards Tables” for all MRP
   10/06: RWQCB releases October 13, 2006 “Working Draft MRP”, Comments by November 8, 2006
   11/06: BASMAA Submits Comments by November 8, 2006 Deadline
   11/06: RWQCB Holds Two Stakeholder Meetings on MRP (i.e., September 15 & 20, 2006
   12/06: BASMAA Submits Additional Comments on December 7, 2006 as Requested at November 20,
           2006          Meeting
   12/06: RWQCB Calls Ad Hoc Trash Work Group Meeting
   3/07: RWQCB Hearing Provides “Status Report” and Allows Public Testimony, BASMAA Delivers
   5/07: RWQCB Releases May 15, 2007 “Administrative Draft Municipal Regional Permit”, Comments
    Due June             22, 2007, Later Extended to July 13, 2007
   6/07: BASMAA Meets with RWQCB (i.e., 5 th, 8th, 18th, 19th) to Review May 15, 2007 Administrative
    Draft MRP
   12/07: RWQCB Releases December 4, 2007 TO MRP, Comments Due February 29, 2008
   12/07: RWQCB Releases Revised TO MRP on December 14, 2007, Includes TO MRP Fact Sheet
           (76 pages) and Errata Sheet for the Tentative Order Distributed on December 4, 2007.
   4/08: Public Hearing on March 11, 2008
   2/09: Reissued Tentative Order
Current TO MRP Timeline
   February 11, 2009: RWQCB Distributes
    Reissued TO MRP
     Comment due date April 3, 2009
     Public Hearing (Oral Testimony) Conducted
      on May 13, 2009
     Target Adoption July 1, 2009
Proposed MRP Term
and Annual Reporting
   Permit Term
       Permit Year   1:   July 1, 2009 – June 30, 2010
       Permit Year   2:   July 1, 2010 – June 30, 2011
       Permit Year   3:   July 1, 2011 – June 30, 2012
       Permit Year   4:   July 1, 2012 – June 30, 2013
       Permit Year   5:   July 1, 2013 – June 30, 2014
   Annual Reports
     Due September 15th
     First report due September 15, 2010 for FY
     Annual Report Form will be developed by the
      Permittees by April 1, 2010.
MRP Section Layout
   Findings
   A.    Discharge Prohibitions
   B.    Receiving Water Limitations
   C.1 Provisions
   C.2 Municipal Operations
   C.3 New Development and Redevelopment
   C.5 Illicit Discharge Detection and Elimination
   C.4 Industrial and Commercial Site Controls
   C.6 Construction Site Controls
   C.7 Public Information and Outreach
   C.8 Water Quality Monitoring
   C.9 Pesticide Toxicity Control
   C.10 Trash Reduction
   C.11 Mercury Controls
   C.12 PCB Controls
   C.13 Copper Controls
   C.14 Polybrominated Diphenyl Ethers (PBDE), Legacy Pesticides and Selenium
   C.15 Exempted and Conditionally Exempted Discharges
   C.16-21 Administrative details of the permit
   Appendix I and Attachment A-L
C.2: Municipal Operations
C.2.a Street and Road Maintenance
   Permittees shall implement BMPs for asphalt/concrete
    removal, cutting, installation and repair (all street and road
    repair and/or maintenance sites) to avoid discharges to
    storm drain.
     Use the CASQA Handbook for municipal operations.
     Use BASMAA’s Blueprint for a Clean Bay for construction
       remains, spills and leaks.

C.2.b Sidewalk/Plaza Maintenance and
Pavement Washing
   Permittees shall implement the BMPs included in the
    BASMAA mobile surface cleaner program.
C.2.c Bridge and Structure Maintenance
and Graffiti Removal
   Permittees shall implement appropriate BMPs to prevent
    polluted stormwater and non-stormwater discharge from
    bridges and structural maintenance activities from entering
    the storm drain.

C.2.d Stormwater Pump Stations
   Prevent the discharge of water with low dissolved oxygen (DO) from pump
    stations and explore the use of pump stations for trash capture.
      Establish inventory of all pump stations.
      Inspect and collect DO data from all pump stations twice a year
          between July and October, starting in 2010.
      If DO levels are <3 mg/L, corrective actions need to be taken until DO
          levels are proven to be risen by increased monitoring (two weekly
          samples >3mg/L).
      Inspect pumps within 24 hrs of large storm events with monitoring
C.2.e Rural Public Works Construction and
   Permittees shall develop and implement BMPs for erosion
    and sediment control during construction and maintenance
    of rural roads by April 1, 2010.

C.2.d Corporation Yard BMP Implementation
   Permittees shall prepare, implement, and maintain a site
    specific SWPPP.
   Each SWPPP shall incorporate all BMPs in the Caltrans
    Storm Water Quality Handbook Maintenance Staff Guide,
    May 2003.
   This provision only applies to yards that are not filed as NOI
   Routinely inspect yards, plumb vehicle and equipment wash
    areas to the sanitary sewer, contain outdoor storage areas
    with a berm and/or roof.
C.3.b.iii Green Street Pilot Projects

   Permittees shall cumulatively complete
    10 pilot green streets projects that
    incorporate LID techniques.
     Projects shall contain stormwater storage for
      reuse, enhance livability, create greenways,
      include max. parking areas, and provide
      pedestrian and bicycle access.
     All projects completed by July 1, 2013.
C.5 Illicit Discharge Detection and Elimination

   Legal authority to prohibit and control illicit
   Develop/implement ERP (includes timely
    correction of violations in 10 business days or
    rationale for longer time).
   Central contact point and response to spill
   Control of mobile sources through a program.
   Collection system screening (routine surveys for
    illicit discharges and illegal dumping).
   Keep a log of discharges and complaints (include
    a detailed record of each incident).
C.9 Pesticides Toxicity Control
   Adopt a IPM policy or ordinance (by July 1, 2010).
   Establish written standard operating procedures for
    pesticide use that implements the IPM policy or
   All municipal employees who apply pesticides need to
    be trained in IPM.
   All contracted applicators need to be IPM-certified by
    July 1, 2010.
   Track and participate in pesticide regulatory processes
    and interface with County Ag. Commissioners (can be
   Conduct point of purchase outreach to consumers and
    outreach to pest control operators (PCOs).
C.10 Trash Reduction
   Install trash capture devices on catchment areas equal to 30% of
    Retail/Wholesale Commercial Land (ABAG land use statistics) by
    July 1, 2013.
   Identify at least one trash hot spot per 30,000 population or per 100
    acres of Retail/Wholesale Commercial Land Area, whichever is
    greater (select by Feb. 1, 2010).
   Achieve Trash Action Level (TAL) by July 1, 2012, which is 100
    pieces of trash per 100 ft assessment reach and no visual impact
    from trash within the assessment reach.
   Can receive 10% credit for booms and sea curtains and reduce
    capture area by 20% for bans and enforcement laws for litter
   Assess trash hot stops twice a year (beginning and end of the dry
   Develop a long term plan to prevent trash impacts on beneficial
    uses by 2024 (submit in 2013 report).
Trash Capture Devices
    Design
     ○   Any device or series of devices that trap all
         particles retained by 5mm mesh screen
     ○   Hydraulic design treatment capacity of not less
         than the peak flow rate resulting from a one-year,
         one-hour storm in the storm drain catchment area
         draining to the device
    Exemption to Installing Devices
     ○   Small City Exemption: <12,000 and <40 acres
         Retail/Wholesale Commercial Land Area
Trash Assessments
   Hot Spot Assessment
     Trash assessments include a map, a score using the
      SCVURPPP Urban RTA (Rapid Trash Assessment)
      Method and photo documentation (includes four
     At least one initial assessment of each selected hot spot
      in late summer 2009
     2x/yr/hot spot at the beginning (May) and ending
      (September ) of the dry season, including prescribed
      photo documentation
Trash Reporting
   February 1, 2010: propose trash hot spots to Water Board,
    complete with assessment, photos and map for each.
   2010 AR: report the results of the assessments of the hot
    spots (compare with the TAL).
   2011 AR: report the results again for hot spots and report
    steps towards installing full capture devices.
   2012 AR: report the results again for hot spots and report
    whether the TAL has been achieved at the hot spots (if not
    achieved then report additional actions to achieve goal).
    Report design, locations and funding for full trash capture
    device installation.
   2013 AR: report the results again for hot spots and report
    compliance with the full trash capture device installation
    requirements (including documentation of annual vol. of
    trash collected). The long-term plan for trash abatement shall
    be submitted this year.
May 13 Public Hearing
 BASMAA continual suggestions for
  revisions on sections of the permit.
 BASMAA’s suggestion of giving the Co-
  permittees the goal and the Co-
  permittees decide the means.
 The challenge of maintaining
  implementation flexibility and
  accountability with the new permit.
MRP Adoption
 Proposed adoption date of July 1, 2009.
 Limited response to comments for last
 Limited time for Permittees to discuss
  possible changes to permit before
  adoption date.

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