DRAFT PHASE II STORMWATER PERMIT New Requirements Terri Fashing - MCSTOPPP Manager Wendy Atkins – City of Sonoma Stormwater Coordinator With assistance from Lori Pettegrew, EOA, Inc. Oakland, CA Presentation to NBWA Board July 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 1 st 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: ater/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-spray Require 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 approach More expensive  Measure behavior change  Target Audiences School-age children Industrial/Commercial Businesses Construction 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 Quantification Comment 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