DRAFT PHASE II STORMWATER PERMITNew Requirements

Terri Fashing - MCSTOPPP ManagerWendy Atkins – City of Sonoma Stormwater

CoordinatorWith assistance from Lori Pettegrew, EOA, Inc.

Oakland, CA

Presentation to NBWA BoardJuly 8, 2011

Overview of today’s talk North Bay Stormwater Programs California Stormwater Regulations Intro: Draft Phase II General Stormwater

Permit Draft Permit Adoption Timeline Who Must Obtain Coverage Under Draft

Permit? Draft Permit Provisions Areas of Concern – Comments Needed Requested Action – Submit Comment Letter

North Bay Stormwater Programs Prevent stormwater pollution Protect and enhance water

quality Preserve beneficial uses

(aquatic life…) Comply with State and Federal

regulations

California Stormwater Regulations

Municipal Storm Drain Systems Are Regulated

Federal Clean Water Act National Pollutant Discharge Elimination System Municipal Stormwater Permits

Reduce & prevent the discharge of pollutants

Stormwater Management Plans

Stormwater Regulatory Program Continued State Water Resources Control Board (SWRCB)

San Francisco Bay Regional Water Quality Control Board SWRCB General Stormwater Permits

Municipal Program Phase II communities – Marin, Napa, Sonoma, Solano

Construction Program sites disturbing > 1 acre

Industrial Program Boatyards, Wineries, Landfills, Airports…

SF Bay Regional Water Board Regulatory oversight of statewide general permits Issues Individual & Regional NPDES Stormwater Permits

Municipal Regional Stormwater Permit – Phase I Communities

Contra Costa, Alameda, Santa Clara, San Mateo, Vallejo, Fairfield Suisun

Intro: Statewide Phase II Stormwater Permit Affects municipalities in Marin, Napa,

Sonoma & Solano (less than 100,000 population) Covered by 1st version of the Phase II Permit

now New draft permit released June 7, 2011

More prescriptive More reporting More expensive tighter regulations View permit SWRCB website:http://www.swrcb.ca.gov/water_issues/programs/

stormwater/phase_ii_municipal.shtml

Re-issued Permit: One Size Fits All Approach Prescriptive statewide permit Stormwater Management Plans no longer

required Current Permit more flexible Current Stormwater Management Plans

developed locally Some flexibility in new Draft Phase II Permit

Permittees (Municipal Stormwater Programs) can evaluate existing program and update as necessary

Can obtain approval from Regional Water Board to implement existing program

Timeline

August 8, 2011: Comments due by noon November 2011: Water Board Hearing January 2012: Adoption May 15, 2012: Effective Date of Re-

issued Permit July 15, 2012: Notice of Intent by

Permittee

Who must obtain coverage?

Phase II Municipalities Non-Traditional Entities

Ports Institutions of Higher Education Military Bases State parks, beaches, historical areas State & federal prisons & health institutions Heavy rail

Draft Permit Provsions

Updates the Six Minimum Control Measures Public Outreach and Education Public Involvement and Participation Illicit Discharge Detection and Elimination Pollution Prevention / Good Housekeeping Construction Site Controls Post Construction Controls

Draft Permit Provisions Continued Discharge Prohibitions Program Management Six Minimum Control Measures

More Prescriptive New Components

Industrial/Commercial Program Trash Reduction Program Water Quality Monitoring and

Assessment Program Effectiveness Total Maximum Daily Loads

Discharge Prohibitions

Not new – discharges of anything except clean stormwater prohibited

New: control incidental runoff Prohibit unintended discharges of small

amounts of potable and recycled water i.e. from sprinkler over-sprayRequire correction in 72 hours

Comment Needed!

Program Management Element Ensure Adequate Resources to

Comply with Order Enforcement Response Plan

detailed tracking to reduce recidivism

Comment Needed!

Public Outreach and Education Develop Public Education Strategy

Community-Based Social Marketing (CBSM)

Research-based public outreach approachMore expensive

Measure behavior change Target Audiences

School-age childrenIndustrial/Commercial BusinessesConstruction Industry

Comment Needed!

Illicit Discharge Detection and Elimination GIS Mapping Priority Areas -20% of Urbanized Areas Dry Weather Field Screening and

Analytical Monitoring (1/yr) Spill Response Plan

Comment Needed!

Construction Site Storm Water Runoff Control Inventory construction sites with grading Inspections

Sites >1acre frequency range within 48 hours of rain event at least monthly.

Follow Standard Operating Procedures All phases of construction

Specialized Training for Plan Reviewer and Inspectors

Track & report inspections and enforcement

Comment Needed!

Pollution Prevention / Good Housekeeping (Maintenance) Facility inventory and mapping Facility inspections & Stormwater Pollution

Prevention Plans Storm drain system assessment and

maintenance Operations & maintenance, training &

detailed reporting

Comment Needed!

Post-Construction Stormwater Management Program Municipalities with population <25,000

Projects that Disturb > 1 acre Require stormwater treatment and

control from development

Post-Construction Stormwater Management Program Permittees with population >25,000

Stormwater treatment requirements Projects adding or replacing 5,000 – 10,000 square

feet impervious Permit dictates stormwater treatment approach

Hydromodification management requirements Develop standards by conducting extensive

watershed assessment studies Require operations & maintenance of

stormwater facilities Inspect stormwater facilities

Comment Needed!

Industrial / Commercial Program Inventory businesses Inspections (annual, every 3 yrs, every 5

yrs) Require businesses to use best practices

Specific BMPs for Businesses Costly retrofits

Training & Reporting

Comment Needed!

Trash Reduction Program

Applies to Permittees with a population > 25,000

Develop Trash Abatement Plan Requires at least 20% of commercial,

retail, wholesale to comply. Install trash capture structural controls Requirement unclear Comment Needed!

Receiving Water Monitoring

Permittees with population > 25,000 Develop and Implement Water Quality

Monitoring Plan Receiving Water Monitoring Follow-up Analysis and Actions

Comment Needed!

Program Effectiveness Assessment

Develop Program Effectiveness and Improvement Plan

Best Management Practice Condition Assessment

Watershed Pollutant Load QuantificationComment Needed!

Total Maximum Daily Loads

Comply with Applicable TMDLs Richardson Bay Pathogen TMDL Report Annually TMDL Implementation

Areas of Concern – Comments Needed 60-day comment period too short Request opportunity to respond to final draft

permit Possible unfunded mandates in draft permit Reduce cost of permit implementation by reducing

reporting and removing requirements that are not cost-effective due to Proposition 218 limitations

Municipalities may face state fines and third party lawsuits

The permit creates new compliance burdens on development and local businesses

Action

Submit comment letter to State Water Board by noon on August 8, 2011 or make verbal comment at the November 2011 State Water Board Hearing