May 12, 2014 San Diego, CA Stakeholder Workshop Proposed NPDES Permit

1. May 12, 2014 San Diego, CA Stakeholder Workshop Proposed NPDES Permit Drinking Water System Discharges To Surface Waters Victoria Whitney, Deputy Director of Water Quality State Water Resources Control Board

2. Today’s Meeting • Purpose of proposed permit • Share proposed permit language for your input May 12, 2014 Stakeholder Workshop ,San Diego, CA

3. Our Common Interests Safe Drinking Water • Allow water districts and purveyors to conduct mandated responsibilities for protection of public health and safety May 12, 2014 Stakeholder Workshop, San Diego, CA

4. What is an NPDES Permit? • National Pollutant Discharge Elimination System • Clean Water Act requires pollutant source discharges to fishable and swimmable waters to obtain an NPDES permit • Point sources are discrete conveyances such as pipes or ditches that release discharge at a distinct location • In California, the State and Regional Water Boards issue NPDES permits May 12, 2014 Stakeholder Workshop, San Diego, CA

5. Clean Water Act Requirements • Section 122.44(d)(1)(i) states NPDES permits shall include: Limitations must control all pollutants parameters (either conventional, nonconventional, or toxic pollutants) which the Director determines are or may be discharged at a level which will cause, have the reasonable potential to cause, or contribute to an excursion above any State water quality standard, including State narrative criteria for water quality May 12, 2014 Stakeholder Workshop, San Diego, CA

6. Basin Plan Objectives • Basin Plans contain narrative toxicity objectives which generally state: “all waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human, plant, animal, or aquatic life;” • Specific language varies among Basin Plans. • Federal regulations require effluent limits for toxicity when a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above a numeric or narrative objective within an applicable State water quality standard (40 Code of Federal Regulations 122.44(d)). March 2014 AWWA Conference - Anaheim, CA

7. Stakeholder Outreach History • In 2008: Los Angeles Water Board issued draft permit for public comments • In 2010: Sacramento area districts requested permit • In 2011: SF Bay Water Board began discussions with water districts May 12, 2014 Stakeholder Workshop, San Diego, CA

8. Combined Water Board Effort • 2013: Consideration of multi-regional permit • Three stakeholder meetings • Discussions with staff and Boards • State Water Board staff now taking lead • Primary Objective – Statewide Consistency and Efficiency May 12, 2014 Stakeholder Workshop, San Diego, CA

9. Mandated Duties and Planned Discharges May 12, 2014 Stakeholder Workshop, San Diego, CA

10. Another Common Interest Protection of Our Surface Waters • Ensure that water draining to surface waters does not harm beneficial uses May 12, 2014 Stakeholder Workshop, San Diego, CA

11. Basic Water Quality Concern • Chemical – chlorine and pH • Physical – turbidity, trash, sand, grit and sediment • Erosion-related or scour-related concerns May 12, 2014 Stakeholder Workshop, San Diego, CA

12. Protecting Surface Water with Best Management Practices May 12, 2014 Stakeholder Workshop, San Diego, CA

13. Previous Staff Presentations • Basic NPDES permitting information • Coverage under existing storm water permits • Stakeholder feedback • Purpose of proposed permit • Targeting constituents of concern http://www.waterboards.ca.gov/water_issues/programs/npdes

14. Recent Growing Concerns Bay Area Region What We Heard From You • Concerns (some conflicting): • Increased regulatory costs as local resources decline • Local agreements working just fine • Need for a permit (third-party lawsuits) • Unnecessary monitoring and reporting • Expensive lab analysis for clean water • Need for regulatory consistency and fairness • Insufficient stakeholder involvement • Why do we need a permit for mandatory discharges? • Inefficient use of water board resources May 12, 2014 Stakeholder Workshop, San Diego, CA

15. We Also Heard From You • Need regulatory coverage for unplanned discharges

16. Proposed Statewide Permit (Attachment A) • Fulfill request of water districts/purveyors that do not have options through storm water permits • Respect local agreements upheld by Regional Water Boards • Provide “one-stop-shop” permit for planned and unplanned discharges May 12, 2014 Stakeholder Workshop, San Diego, CA

17. Proposed Tiered Requirements (Attachment B) • Tiered Requirements for Discharge Alternatives • Direct discharges to surface water bodies • Discharges to surface waters via municipal storm water collection systems • Use of water for multiple benefits • Ground water infiltration • Irrigation • Other reuse May 12, 2014 Stakeholder Workshop, San Diego, CA

18. Proposed Effluent Limitations (Attachment C) • For direct discharges or discharges to storm drains fewer than 300 feet from receiving waters • Chlorine – Non-detect with reporting level of handheld or positive detection of dechloragent • Turbidity -To address debris/erosion from high velocity flows • No limits for other discharges to storm systems • Best management practices per guidance documents from AWWA, or equivalent

19. Proposed Monitoring and Reporting • Effluent monitoring at discharge location only • Representative monitoring for distribution systems • Annual reporting and certification • Non-compliance reporting • Receiving water monitoring for direct discharges only, and only if not compliant with effluent limits and BMPs • Not duplicating storm water monitoring

20. Proposed Exception to California Toxic Rule (CTR) and Ocean Plan • Proposed resolution to except water purveyors from the California Toxic Rule and California Ocean Plan • For discharges from system activities mandated by the Safe Drinking Water Act and California Health and Safety Code • Exception must be implemented through this statewide permit, or any other NPDES permit (including storm water permits) May 12, 2014 Stakeholder Workshop, San Diego, CA

21. Promoting Multiple Benefits • Ground water recharge • Discharge to low impact development • Reuse

22. Conclusion • Develop a permit that some of you need • Develop a permit that some of you may need in the future • Develop a permit for protection of liability from third-party lawsuits • Grant statewide “exceptions” for mandatory activities May 12, 2014 Stakeholder Workshop, San Diego, CA

23. For Further Information Contact Diana Messina diana.messina@waterboards.ca.gov May 12, 2014 Stakeholder Workshop, San Diego, CA