Construction & Post Construction Stormwater Quality Mitigation CIP Projects

1. Construction & Post Construction Stormwater Quality Mitigation CIP Projects Anita Kuhlman City of Camarillo 12/14/2009; revised 2/14/2011

2. CIPs subject to Construction Requirements in Two NPDES Permits • State General Construction NPDES Permit (GCP) Order 09-0009-DWQ; Effective 7/1/2010* • http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml • Ventura Countywide Municipal Stormwater NPDES Permit Order 2010-0108 (MS4); effective 7/1/2010 (Post-construction requirements effective approx. 5/2011) * CIPs only subject to post-construction requirements in MS4 permit

3. GCP - Grandfathering • Projects under Orders 99-08-DWQ & 03-0007-DWQ are grandfathered as Risk Level 1 until 9/2/2011 (Reg Bd. exceptions) • However, must have refiled application electronically by 7/1/2010 (SMARTS system). https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp

4. GCP – Key Changes • Risk Determination • Permit Registration Documents (PRDs)-electronic filing • Developing SWPPP (QSD) • Implementing SWPPP (QSP) • REAPs • Minimum BMPs • Numeric Effluent Limits & Action Levels • No longer allows emergency construction exemption • Increased Monitoring • Reporting • Combines LUP with GCP

5. GCP - Rainfall Erosivity Waiver • Operates as a zero risk level for small projects • Small projects = 1-5 acres • Waives permit requirements for projects with an R-factor of 5 or less • Based on USEPA R-factor waiver in Phase II stormwater rule; download calculator at http://cfpub.epa.gov/npdes/stormwater/lew/lewcalculator.cfm

6. GCP - Rainfall Erosivity Waiver If you change construction dates to 5/2010 – 8/2010 – R Factor is 4.63

7. GCP – Two Part Risk Determination • Sediment discharge risk (bare ground soil loss using factors from RUSLE – Revised Universal Soil Loss Equation) A = (R)(K)(LS)(C)(P) A= soil loss from sheet and rill erosion R= rainfall-runoff erositivity factor K= soil erodibility factor LS= length-slope factor C= cover factor (erosion control) – not used P= Management/support practices (sediment controls) – not used 2. Receiving water risk Drains to sediment sensitive water (directly or indirectly) 303(d) listed or TMDL for sediment Beneficial Uses of COLD, SPAWN & Migratory http://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo_2009_0009_app_1.xls#Start!A1

8. Calleguas Creek Watershed ReachesSediment Impaired Reaches – 2-8 & 11COLD, Spawn, Migratory Beneficial Uses – Calleguas Creek & Conejo Creek

9. GCP - Risk Assessment Calleguas Creek reaches 2-8 & 11 are impaired by sediment and discharges within those reaches would be “high receiving water risk”

10. GCP requirements tied to risk levels

11. GCP - Monitoring Requirements by Risk Level

12. GCP “Direct Discharge” Definition • A discharge that is routed directly to waters of the United States by means of a pipe, channel, or ditch (including a municipal storm sewer system) or through surface runoff. However, see GCP Fact Sheet for clarification. “Discharges from a construction site to a MS4 where commingling with upstream and/or downstream discharges can occur are not considered “direct discharges’.”

13. GCP - Reporting Requirements by Risk Level

14. GCP – New Training Requirements • SWPPPs must be developed and revised by a Qualified SWPPP Developer (QSD) effective 7/1/2010. • Each project must have an assigned Qualified SWPPP Practitioner (QSP). Effective 9/2011 QSP must meet certification requirements. QSP responsible for BMPs, inspections, sampling, REAPs. • Both QSD & QSP must attend state-sponsored training & test by 9/2011.

15. Who can be a QSD? • Registered CA professional Engineer –civil • Registered CA Professional Geologist or Engineering Geologist • Registered CA landscape Architect • Registered Professional Hydrologists (AIH) • Certified Professional • Erosion & Sediment Control (CPSEC)(NICET) • Storm Water Quality (CPSWQ)

16. Who can be a QSP? • Qualified as a QSD • Certified Inspection of Sediment & Erosion Control (CISEC) • Certified Erosion, Sediment, Storm Water Inspector (CESSWI)

17. MS4 PermitConstruction Requirements • Provide local SWPPP • Requires specific “certification” language • Requires local agency approval page • Specific BMPs depending on project size • Enhanced BMPs for high risk areas • Hillsides • 303(d) listed for sediment or ESA (direct discharge) MS4 Permit “Direct Discharge” definition – Means outflow from a drainage conveyance system that is composed entirely of flows from the subject property, development or industrial facility and not commingled with the flows from adjacent lands.

18. MS4 Permit Construction Requirements • Roadway paving/repaving - Specific sediment/erosion controls required • CIP projects which disturb less than 1 acre soil disturbance require an SWPCP • CIP projects which disturb 1 acre more of soil require coverage under GCP • All city contractors & their employees on job site must be trained on SWPCP/SWPPP BMPs (must be documented in writing)

19. MS4 Permit Post Construction Requirements • Technical Guidance Manual revisions to include LID, Hydromodification submitted 11/2010 • New requirements effective 90 days after Regional Board Approval of Technical Guidance Manual – TGM (approx. 5/2011) • CIPs – effective date shall be date the governing body or designee approves initiation of project design

20. MS4 Permit – CIP Projects Post-Construction Requirements • Projects 1+ acre of disturbed area and adding 10,000 SF impervious area • Parking lot 5,000 SF or more of impervious area or 25 or more parking spaces • Streets, roads, highway construction of 10,000 SF or more of impervious surface area (shall incorporate USEPA guidance-Managing Wet Weather w/Green Streets to MEP). • Projects located in or directly adjacent to ESA • Redevelopment projects with land-disturbing activity that results in creation, addition, or replacement of 5,000 SF or more of impervious surface area. Does not include routine maintenance activities that maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety.

21. MS4 Permit – CIP Projects Post-Construction Requirements • Streets, roads, highway construction of 10,000 SF or more of impervious surface area (shall incorporate USEPA guidance-Managing Wet Weather w/Green Streets to MEP). • Min requirements: • Provide retention or Biofiltration BMPs • To the MEP minimize street width; use porous pavement, add tree canopy (see section 2.2 in TGM)

22. MS4 Permit – Post Construction Requirements Fundamentally changes land development through use of retention BMPs • Limit effective impervious area (EIA) to 5% by retaining the water quality volume (.75” storm depth) using infiltration, reuse, or evapotranspoiration BMPs (retention BMPs). • Provide treatment for 5% EIA and developed pervious areas. • If technically infeasible (see Section 3.2 of TGM) to reduce EIA to 5%, then biofilter 1.5 times the remaining volume. • If project does not fall into “technically infeasible categories” (section 3.2 of TGM) then must redesign site to meet 5% EIA.

23. Effective Impervious Area? • Portion of total project area that cannot absorb storm water runoff. • Expressed as % • Impervious surfaces may be rendered “ineffective” if stormwater runoff is full retained onsite. • Impervious area can become effectively pervious that collects and fully retains design storm.

24. Alternative Compliance for Technical Infeasibility • If retention or biofiltration BMPs have been used to MEP and 5% EIA can’t be met, then the following projects are eligible for alternative compliance • Redevelopment Projects • Infill projects • Smart Growth projects • Pedestrian/bike trail projects • Agencies’ flood control, drainage and wet utilities projects • Historical preservation projects • Low income housing projects

25. Alternative Compliance • Alternative compliance may be met through two options: • Offsite mitigation project or • Offsite mitigation fee

26. Alternative Compliance for Technical Infeasibility • The mitigation vol. is the difference btwn. The volume of runoff associated with 5% EIA and the volume of runoff associated with the actual EIA achieved onsite </=30% • Office mitigation for EIA in excess of 30% is 1.5 times the amount of stormwater not managed on site

27. Offsite Mitigation/Alternatives • Cities shall identify LID projects (public and/or private) & funding mechanism that can be used to benefit local sub-watershed by increasing infiltration (groundwater recharge), reuse, and evapotranspiration. Measures can include bioretention, biofiltration, green streets, porous pavement or other BMPs. • Mitigation alternative must be within same sub-area as the proposed project on the Basin Plan subareas. • Must be completed within 4 years of Cert.of Occupancy for 1st project that contributed funds, unless RB grants extension • Funds sufficient to offset the volume must be transferred to the City (public projects) or an escrow account (private projects) within one year of the initiation of construction.

28. Next Steps • Conditions of Development & CIP special provisions have been revised to include GCP & MS4 construction permit requirements (handout) • COD & CIP Special Provisions will be updated to reflect post-construction requirements when they are finalized (approx. 5/2011) • Countywide training on TGM to be provided once TGM has been approved.