Municipal Regional Permit Tentative Order Released December 4, 2007 Revised December 14, 2007 Reissued February 11,2009

1. April 23, 2009 Elisa Wilfong Contra Costa Clean Water Program Municipal Regional Permit Tentative OrderReleased December 4, 2007Revised December 14, 2007Reissued February 11,2009

2. Presentation Overview • Regulatory Drivers • Bay Area Implementation • Bay Area Stormwater Management Agencies Association • Reissued Tentative Order • Existing Permit • History of MRP • Current TO MRP Timeline • Proposed MRP Term and Annual Reporting • MRP Section Layout • Review of Section C.2: Municipal Operations • Overview of C.3 Green Projects • Overview of IDCA provision • Overview of Pesticides Toxicity Control provision • Overview of Trash provision • Next Steps • May 13 Public Hearing • Plan for MRP adoption

3. 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 1990) • 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

4. 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

5. Bay Area Stormwater Management Agencies Association (BASMAA) • Established in 1991 • Now a Consortium of Eight (8) Stormwater Programs • 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

6. II. Reissued Tentative Order

7. Existing Permit • 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) • CV Order No. 5-00-120: 6/00 – 6/05 • Both Permits Administratively Extended Pending Issuance of the MRP

8. 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 Components • 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 Presentation • 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., 5th, 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

9. 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

10. 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 2009/2010 • Annual Report Form will be developed by the Permittees by April 1, 2010.

11. 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

12. C.2: Municipal Operations III. Preliminary Review of Section

13. 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.

14. 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 perimeters.

15. C.2.e Rural Public Works Construction and Maintenance • 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 facilities. • Routinely inspect yards, plumb vehicle and equipment wash areas to the sanitary sewer, contain outdoor storage areas with a berm and/or roof.

16. 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.

17. C.5 Illicit Discharge Detection and Elimination • Legal authority to prohibit and control illicit discharges. • Develop/implement ERP (includes timely correction of violations in 10 business days or rationale for longer time). • Central contact point and response to spill complaints. • 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).

18. 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 ordinance. • 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 regional). • Conduct point of purchase outreach to consumers and outreach to pest control operators (PCOs).

19. 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 reduction. • Assess trash hot stops twice a year (beginning and end of the dry season). • Develop a long term plan to prevent trash impacts on beneficial uses by 2024 (submit in 2013 report).

20. 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

21. 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 photographs) • 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

22. 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.

23. IV. Next Steps

24. 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.

25. MRP Adoption • Proposed adoption date of July 1, 2009. • Limited response to comments for last TO. • Limited time for Permittees to discuss possible changes to permit before adoption date.

26. Questions