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HomeMy WebLinkAboutAlaCtyCleanWaterProgrmPresntatnACCWP Presentation to Planning Commissioners Community Development and Our Watershed Alameda Countywide Clean Water Program Obtain a National Pollutant Discharge Elimination System (NPDES) Permit Implement Stormwater Management Plan - General Program Activities - Local Agency Activities: Performance Standards Stormwater Pollution Prevention Principles · Effectively eliminate non-stormwater discharges ~ Reduce the amount of pollutants exposed to and discharged with stormwater by implementing best management practices (BMPs) f:\a18x\a187-04\generic 1 ACCWP Presentation to Planning Commissioners April 27, 1999 Performance Standards Public Information and Participation Municipal Maintenance New Development and Construction Site Controls Illicit Discharge Controls Industrial and Commercial Discharge Controls Your decisions result in changes to our watershed, changes that potentially impact water quality. Development & Watersheds: Problems P: Pollutants Released During and After Construction I: Increase in Impervious Surfaces and Runoff E: Encroachment on Riparian and Wetland Habitat Areas fi\a18x\a187-04\generic 2 ACCWP Presentation to Planning Commissioners April 27, 1999 ~ Development & Watersheds: Effects · P: Siltation in Creeks/Marsh/Bay, Potential Increased Water Toxicity ~ I: Increased Local Flooding, Higher Peak Flows ~ E: Loss of Biological Diversity: loss of contiguous habitat, cover, and nutrients ~ Drainage Before Development ~ Drainage After Development f:\a18x\a187-04\generic 3 ACCWP Presentation to Planning Commissioners April 27, 1999 ~ Development & Watersheds: Solutions P: Implement Erosion/Sediment Controls; Incorporate Post Construction Controls I: Avoid Directly-Connected Impervious Areas; Promote Infiltration E: Encourage Setbacks, Retaining Sensitive Areas in a Natural State Conduct Pollution Reduction Techniques Construction Controls - Avoid Wet-season Grading - Focus on Erosion Conh'ol - Use Proper Housekeeping Methods IJtMPs) Conduct Pollution Reduction Techniques Post-Construction Controls - Incorporate Duhng Site Design - Passive vs. Structural Stormwater Treatment Effective Maintenance of Treatment Devices f:\a18x\a187-04\generic 4 ACCWP Presentation to Planning Commissioners April 27, 1999 ~ Reduce Impervious Surfaces · Reduce Amount of Hard Pavement · Use Permeable Materials · Use Smaller Footprint · Include Swales or Detention/Retention Ponds ~ Reduce Encroachment · Cluster Buildings · Use Set-Backs or Buffer Zones · Reduce Amount of Grading · Retain Natural Drainages ~ Implementation * Start at the Conceptual Review Stage * Find Creative Solutions · Communication Among Municipal Departments f:\a18x\a187-04\generic 5 Alameda Countywide Clean Water Program A Consortium of Local Agencies 951 Turner Court, Hayward CA 94545-2698 (510) 670 5543 FAX (510) 670 5262 Agencies: Alameda Albany Berkeley Dublin Emeryville Fremont Hayward Livermore Newark Oakland Piedmont Pleasanton San Leandro Union City Alameda County Alameda County Flood Control and Water Conservation District Zone 7 of the Alameda County Flood Control District Introduction to the Conditions of Approval The following conditions have been developed to provide guidance to agencies in Alameda County in establishing conditions of approval for projects that may otherwise impact stormwater quality. Conditions are categorized into three groups: Commercial/Industrial, Residential, and General. The Commercial/Industrial and Residential conditions describe design elements for the final project. The General conditions describe best management practice (BMPs) for the construction site. These conditions were first developed by the ACCWP New Development Subcommittee in 1994 using the San Francisco Bay Regional Water Quality Control Board's Staff Recommendations for New and Redevelopment Controls for Storm Water Programs (April 5, 1994). Based on the experience of ACCWP agency stall with the original Conditions of Approval, the New Development Subcommittee continues to review and discuss these conditions on a regular basis. The ACCWP's New Development Subcommittee will also review these conditions when the Staff Recommendations are updated in 1999. The conditions listed in the following pages are a menu of items for use, as appropriate, on proposed projects for development. These conditions should be incorporated during review prior to the issuance of use, building, or grading permits. The conditions can also be used during environmental reviews, if applicable. Agencies should consult their local wastewater treatment plant concerning connections or discharges to the sanitary sewer system. The intent of these conditions are: 1) to effectively eliminate non-stormwater discharges containing pollutants to the storm drains, and 2) to minimize pollutant discharge with stormwater run off to the maximum extent practicable from development and redevelopment projects, both during and following construction. Equivalent BMPs can be used by ACCWP agencies, provided the intent of the conditions are met. Further clarifications on the conditions should be referred to the New Development Subcommittee for resolution. \\SERVER\WORK\AISx\AL87-05\COA\COA intro.doc GENERAL CONSTRUCTION CONDITIONS OF APPROVAL The project plans shatl include stormwater pollution prevention and control measures for the operation and maintenance of the project during and after construction for the review and approval of the City or County Engineer. The project plan shall identify Best Management Practices (BMPs} appropriate to the uses conducted on- site in order to limit to the maximum extent practicable the entry of pollutants into stormwater runoff. The project plan shall also include erosion control measures to prevent soil, dirt and debris from entering the storm drain system, in accordance With the practices outlined in the ABAG Eros/on and Sediment Contro/Handbook, California Storm Water Best Management Practice Handbooks, and Regional Water Quality Control Board's Eros/on and Sediment Control Field Manual The applicant is responsible for ensuring that all contractors and subcontractors are aware of and implement all stormwater quality control measures. Failure to comply with the approved construction BMPs shall result in the issuance of correction notices, citations and/or a project stop order. Construction access routes shall be limited to those approved by the City/County Engineer and shall be shown on the approval grading plan. Conditions a) through h) are taken from the Buildings Permit Addendum: a) Gather all construction debris on a regular basis and place them in a dumpster or other container which is emptied or removed on a weekly basis. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater pollution. b) Remove all dirt, gravel, rubbish, refuse and green waste from the sidewalk, street pavement, and storm drain system adjoining the project site. During wet weather, avoid driving vehicles off paved areas and other outdoor work. c) Broom sweep the sidewalk and public street pavement adjoining the project site on a daily basis. Caked on mud or dirt shall be scraped from these areas before sweeping. d) Install filter materials (such as sandbags, filter fabric, etc.) at the storm drain inlet nearest the downstream side of the project site prior to: (1) start of the rainy season (October 1); (2) site dewatering activities; (3) street washing activities; (4) saw cutting asphalt or concrete; and (5) order to retain any debris or dirt flowing into the City storm drain system. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent street flooding. Dispose of filter particles in the trash. e) Create a contained and covered area on the site for the storage of bags of cement, paints, flammables, oils, fertilizers, pesticides, or any other materials F:\AI8x\AL87-05\COA\generaLdoc G-1 April 13, 1999 f) g) h) GENERAL CONSTRUCTION CONDITIONS OF APPROVAL (continued) used on the project site that have the potential for being discharged to the storm drain system by wind or in the event of a material spitl, Never clean machinery, tools, brushes, etc. or rinse containers into a street, gutter, storm drain or stream. See the Building Maintenance/Remodeling flyer for more information. Ensure that concrete/gunite supply trucks or concrete/plaster finishing operations do not discharge washwater into street gutters or drains. Minimize removal of natural vegetation or ground cover from the site in order to minimize the potential for erosion and sedimentation problems. Replant the area as soon as possible. All cut and fill slopes shall be stabilized as soon as possible after grading is completed. No site grading shall occur between October 1 and April 15 unless approved erosion and sedimentation control measures are in place. F:\AI8x\AL$7-O5\COA\generaLdoc G-2 April 13, 1999 RESIDENTIAL DEVELOPMENT/CONSTRUCTION CONDITIONS OF APPROVAL General Conditions Prior to the commencement of any clearing, grading or excavation resulting in a land disturbance of five acres or more, the developer shall submit evidence to the city or county that a Notice of Intent (NOI) has been submitted to the (California) State Water Resources Control Board. All on-site storm drain inlets must be labeled "No Dumping - Drains to Bay" or equivalent using methods approved by the city or county. All on-site storm drains must be cleaned at least once a year immediately prior to the rainy season. Additional cleaning may be required by the City or County Engineer. Trash enclosures and/or recycling area(s) shall be covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system; these drains should connect to the sanitary sewer. The applicant shall contact the local permitting authority and sanitary district with jurisdiction for specific connection and discharger requirements. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration, and minimize the use of fertilizers and pesticides that can contribute to stormwater pollution. Where feasible, landscaping should be designed and operated to treat stormwater runoff. Landscaping shall also comply with each agency's own "water efficient landscape ordinance" or equivalent. The design, location, maintenance requirements, and maintenance schedule for any stormwater quality treatment structural controls shall be submitted to the City or County Engineer for review and approval prior to the issuance of a building permit. Specific Conditions When a common area car wash is provided, no washwater shall discharge to the storm drain system. The car wash area should drain to the sanitary sewer. The area should be covered and designed to prevent excess rainwater from entering the sanitary sewer. The applicant shall contact the local permitting authority and sanitary district with jurisdiction for specific connection and discharger requirements. If no common car wash area exists, means should be taken to discourage car washing, e.g., removing hose bibs (faucets) and installing signs prohibiting such use. A property owners association shall be created and shall be responsible for maintaining all private streets and private utilities and other privately owned common areas and facilities on the site including landscaping. These maintenance responsibilities shall include implementing and maintaining stormwater BMPs associated with improvements and landscaping. F:\AI8x\AL87-05\COA\RESIDENTIALfinal,doc R-'~ January 1 2, 1999 RESIDENTIAL DEVELOPMENT/CONSTRUCTION CONDITIONS OF APPROVAL (continued) CC&R's creating the association shall be reviewed and approved by the City or County Attorney prior to the recordation of the Final Map and recorded prior to the sale of the first residential unit. The CC&R's shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. F:\AI8x\AL87-05\COA\RESIDENTIALfinal.doc R-2 January 1 2, 1 999 COMMERCIAL/INDUSTRIAL CONDITIONS OF APPROVAL General Conditions Prior to the commencement of any clearing, grading or excavation resulting in a land disturbance of five acres or more, the developer shall submit evidence to the city or county that a Notice of Intent (NOI) has been submitted to the (California) State Water Resources Control Board. All on-site storm drain inlets must be labeled "No Dumping - Drains to Bay" or equivalent using methods approved by the city or county. All on-site storm drains must be cleaned at least once a year immediately prior to the rainy season. Additional cleaning may be required by the City or County Engineer. Trash enclosures and/or recycling area(s) shall be covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system; these drains should connect to the sanitary sewer. The applicant shall contact the local permitting authority and sanitary district with jurisdiction for specific connection and discharge requirements. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration, and minimize the use of fertilizers and pesticides that can contribute to stormwater pollution. Where feasible landscaping should be designed and operated to treat stormwater runoff. Landscaping shall also comply with each agency's own "water efficient landscape ordinance" or equivalent. The design, location, maintenance requirements, and maintenance schedule for any stormwater quality treatment structural controls shall be submitted to the City or County Engineer for review and approval prior to the issuance of a building permit. SDecific Conditions Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain. Sanitary connections are subject to the review, approval, and conditions of the sanitary district with jurisdiction for receiving the discharge. These conditions shall be required for automotive related businesses. All loading dock areas must be designed to minimize "run-on" or runoff from the area. Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer, or diverted and collected for ultimate discharge to the sanitary sewer, or intercepted and pretreated prior to discharge to the storm drain system~. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, \\SERVER\WORK\AI8x\AL87-OS\COAtCOMMERCIALfinaLdocC-1 April 13, 1999 COMMERCIAL/INDUSTRIAL CONDITIONS OF APPROVAL (continued} but are not limited to, a regular program of sweeping, litter control and spill clean- up, All paved outdoor storage areas must be designed to reduce/limit the potential for runoff to contact pollutants, such as, bulk materials stored outdoors may need to be covered as deemed appropriate by the City or County Engineer. Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system1. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwaters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the sanitary district with jurisdiction for receiving the discharge. Food retailers (including restaurants and grocery stores), where deemed appropriate, must be designed with a contained area for cleaning mats, equipment and containers. This contained wash area shall be covered or designed to prevent on or runoff from the area. The area shall not discharge to the storm drains; washwaters should drain to the sanitary sewer, or collected for ultimate disposal to the sanitary sewer. Employees shall be instructed and signs posted indicating that all washing activities shall be conducted in this area. Sanitary connections are subject to the review, approval, and conditions of the sanitary district with jurisdiction for receiving the discharge? Food compactor storage areas, as appropriate, must be designed to drain leaks to the sanitary sewer. Sanitary connections are subject to the review, approval, and conditions of the sanitary district with jurisdiction for receiving the discharge. Commercial Car Washes: No washwater shall discharge to the storm drains. Washwaters shall discharge to the sanitary sewer. Sanitary connections are subject to the review, approval, and conditions of the sanitary district with jurisdiction for receiving the discharge. Vehicle/Equipmen;~ Washes: No vehicle or equipment washing activity shall discharge to the storm drain system. Wash areas shall be limited to areas that drain to the sanitary sewer collection system, or shall be collected for ultimate disposal to the sanitary sewer. These wash area shall be covered and designed to prevent run- on and runoff from the area. A sign shall be posted indicating the location and allowed uses in the designated wash area, Sanitary connections are subject to the review, approval, and conditions of the sanitary district with jurisdiction for receiving the discharge. ~ Mobile washing and discharges must be conducted according to the Mobile Cleaner Best Management Practices for Waste Water Runoff developed by the Cleaning Equipment Trade Association September 23, 1994. 2 The Alameda County Health Agency, Department of Environmental Health will normally check that these requirements are met as part of its review of new retail food facilities and remodeling of existing retail food facilities. \\SERVER\WORK\AI8x\AL87-05\COA\COMMERCIALfinal.docC-2 Apri~ 13, 1 999 COMMERCIAL/INDUSTRIAL CONDITIONS OF APPROVAL (continued) Fuel dispensing areas must be paved with portland cement concrete (or, equivalent smooth impervious surface), with minimal slope necessary to prevent ponding, and must be separated from the rest of the site by a grade break that prevents run-on of storm water to the extent practicable. The fuel dispensing area is defined as extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of 1 foot, whichever is more. 10. The fuel dispensing area must be covered, and the cover's minimum dimensions must be equal to or greater than the area within the grade break or fuel dispensing area, as defined above. The cover must not drain onto the fuel dispensing area. \\SERVER\WORK\AISx\AL87-05\COA\COMMERCIALfinai.docC-3 April 13, 1999 STATE OF CALIFORNIA PETE WILSON Govemo CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION ~ 2101 WEBSTE~ STREET, Suite 500 OAKLAND, C~ 94612 TeJ: (510) 286-1255 FAX: (510) 2.86-1380 February 24, 1997 File No. 1538.09(DCB) To Whom it May Concern: Attached fred the final adopted form of the Order 9%030, which reissues the Alameda Countyw/de Stormwater Municipal NPDES Permit. The permit is not a complete legal document without the latest revision of the Alameda Countywide Stormwater Management Plan with Appendices. If you require a copy of that document, please contact the Program directly at 510- 670-5543. If you have questions related to the Order, contact Dale Bowyer at 510-286-1357. Sincerely, Dale C. Bowyer Associate Water Resource Control Engineer CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN FRANCISCO BAY REGION ORDER 97 - 030 NPDES PER,MIT NO. CAS0029831 REISSUING WASTE DISCHARGE REQUIREMENTS FOR: THE CITIES OF ALAMEDA, ALBANY, BERKELEY, DUBLIN, EMERYVILLE, FREMONT, HAYWARD, LIVERMORE, NEWARK, OAKLAND, PIEDMONT, PLEASANTON, SAN LEANDRO, UNION CITY, .t'~L,~v'IEDA COUNTY (UNINCORPORATED AREA), THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, which have joined together to form the ALAMEDA COUNTYWIDE CLEAN WATER PROGRAM The California Regional Water Quality Control Board, San Francisco Bay Region, (hereinafter referred to as the Regional Board) finds that: The Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Frem~¥~t *~ ...... ~ Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leand~: County, (Unincorporated Area), Alameda County Flood Control and Water Conservation District, and Zone 7 of the Alameda County FloodControl and Water Conservation District, (hereinafter referred to as the Dischargers) have joined together to form the Alameda Countywide Clean Water Program (hereinafter referred to as the Program) and have submitted a permit application (Report of Waste Discharge), dated April 18, 1996, for re- issuance of waste discharge requirements under the National Pollutant Discharge Elimination System 0'qPDES) to discharge storm water runofffi'om storm drains and watercourses within the Dischargers' jurisdictions. 2. The Dischargers are currently subject to NPDES Permit No. CA0029831 issuedby OrderNo. 91- 146 on October 16, 1991. The Dischargers each have jurisdiction over and/or maintenance responsibility for their respective municipal separate gtorm drain systems and/or watercourses in Alameda County. (See attached location and political jurisdiction map.) The discharge consists of the surface runoff generated fi.om various land uses in all thehydrologic subbasins wb_ich discharge into watercourses which in turn flow into Central and South San Francisco Bay. The quality and quantity, of these discharges varies considerably and is affected by hydrology, geology, land use, season, and sequence and duration ofhydrolo~c event. Pollutants of concern in these discharges are certain heavy metals, sediment from erosion due to anthropogerfic activities, petroleum hydrocarbons from sources such as used motor oil, microbial pathogens of domestic sewage origin from illicit discharges, certain pesticides associated with in stream acute toxicity, and other pollutants ~vhich may cause aquatic toxicity in the receiving ~vaters. Order 97-030 2 Section 402(p) of the federal Clean Water Act (CWA), as amended by the Water Quality. Act of 1987, requires NPDES permits for storm water discharges from separate municipal storm drain systems, storm water discharges associated with industrial activity (including construction activities), and desi~ated storm water discharges winch are considered significant contributors of pollutants to waters of the United States. OnNovember 16, 1990, the United States Environmental Protection Agency (hereinafter US EPA) published regulations (40 CFR Part 122) which prescribe permit application requirements for municipal separate storm drain systems pursuant to Section 402(p) of the CWA. The application requirements that the Regional Board has determined to be applicable to the Dischargers include submittal ora proposed storm water management plan to reduce the discharge of pollntants in storm water to the maximum extent practicable and to effectively proinbit non-storm water discharges into municipal storm drain systems and watercourses Within the Dischargers' ju.dsdictions. The permit application submitted by the Dischargers includes the Program's Storm Water Management Plan (hereinafter refered to as the Plan), winch describes a framework for management of storm water discharges during the term of this.permit. The title page, table of contents and Executive Summary of the Plan are attached to this Order. The Plan describes the Program's goals and objectives, legal authorities, institutional arrangements and funding, the annual reporting and program evaluation process, and monitoring strategy. The chapters of the Plan include the following elements: · Regulatory Compliance, Planning, and Program Management · Focused Watershed Management Approach · Monitoring and Special Studies · Public Information/Participation · Municipal Maintenance Activities · New Development and Construction Controls · Illicit Discharge Controls · Industrial and Commercial Discharge Controls · Performance Standards (Appendix B) The Plan and modifications or revisions to the Plan that are approved in accordance with Provision C.3 of'this Order, and future fiscal year Pro,am Workplans and Discharger- specific Workplans to be submitted in accordance with the Plan and Provision C.3 of this Order are incorporated into t.h/s Order by reference and are an integral and enforceable component of this Order. Performance Standards, wbSch represent the level of effort required of each of the Dischargers in the Plan, are contained in Appendix B of the Plan. The specification of Performance Standards also simplifies the task of determining if a Discharger is putting forth a level of effort which constitutes compliance with the NPDES permit and the maximum Order 97-030 3 10. Il. extent practicable standard. The Program is organized, coordinated, and implemented based upon a Memorandum of Agreement signed by the Dischargers, which defmes roles and responsibilities of the Dischargers. The roles and responsibilities of the Dischargers are, in part, as follows: a. The Management Committee, which includes representatives fi-om all of the Dischargers, is the decision making body of the Program. It operates within the budget and policies established by the Dischargers' governing boards and councils to decide matters of budget and policy necessary to implement the Plan, and provides direct/on to the Pro,am Manager and stall. The Management Committee has established subcommittees to assist in planning and implementation of the Plan, and may add, modify, or delete subcommittees as deemed necessary. The Program Director serves as the Chair of the Management Committee and is responsible for implementation of the Program's self-morfitoring activities and preparation and submittal of Program components of the Annual Report and Workplans. In acting as the Program's NPDES Permit coordinator, the Program Director does ?, assume responsibility for the obligations assigned to other'Dischargers b~':..;~ . Each of the Dischargers is individually responsible for adoption and enforcement of ordinances, implementation of assigned control measures needed to prevent or reduce pollutants in storm water, and providing funds for the capital, operation, and maintenance expenditures necessary to implement such control measures within their jurisdiction. The assigned con~'ol measures to be implemented by each Discharger are listed in the Performance Standards in Appendix B of the Plan. Enforcement actions concerning this Order will, wherever possible, be pursued only against the individual Discharger(s) responsible for specific violations of this Order. The Regional Board adopted a revised Water Quality Control Plan f~r the San Francisco Bay Basin (Basin Plan) on Jane 21, 1995. The State Water Resources Control Board (hereinafte} the State Board) and the Office of Adrninlstrative Law approved the revised Basin Plan on July 21, and November 13 of 1995, respectively. The Basin Plan identifies beneficial uses and water quality objectives for surface waters in the Region, as well as effluent limitations and discharge prohibitions intended to protect those uses. This Order implements the plans, policies, and provisions of the Board's Basin Plan. The beneficial uses of the Central and South San Francisco Bay, tributa~ contiguous water bodies, and other water bod' ~ ,,~;*~:- .~- ~ · . : streams and Basin Plan le .... ~ u~ ~ra~nage oasm are listed in the The Regional Board considers storm water discharges from the urban and developing areas in the San Francisco Bay Region, such as Alameda Coun .ty, to be significant sources of pollutants in waters of the Region that may be causing or threatening to cause or contr/bute to Order 97-030 4 water quality impairment. 12. The San Francisco Estuary Project, established pursuant to CWA Section 320, culminated in June of 1993 with completion of its Comprehensive Conservation and Management Plan (CCMP) for the preservation, restoration, and enhancement of the San Francisco Bay-Delta Estuary. The CCMP includes recommended actions in the areas of aquatic resources, wildlife, wetlands, water use, pollution prevention and reduction, dredging and waterway modification, land use, public involvement and education, and research and monitoring. Recommended actions which may, in part, be addressed througia implementation of the Dischargers' Storm Water Management Plan include, but are not limited to, the following: Action PO-2.1: Pursue a mass emissions strategy to reduce pollutant discharges into the Estuary from point and nonpoint sources and to address the accumulation of pollutants in estuarine organisms and sediments. b. Action PO-2.4: Improve the management and control of urban mnofffrom public and private sources. c. Action PO-2.5: Develop control measures to reduce pollutant loadings from energy and transportation systems. d. Action LU-I.I: Local General Plans should incorporate watershed protection plans to protect wetlands and stream environments and reduce pollutants in runoff. Action LU-3.1: Prepare and implement Watershed Management Plans that include the following complemantar7 elements: I) wetlands protection; 2) stream environment protection; and 3) reduction of pollutants in runoff. f. Action LU:3.2: Develop and implement guidelines for site planning and Best Management Practices. 13. It is the Regional Board's intent that this Order shall ensure attainment.of applicable water quality objectives and protection of the beneficial uses of receiving waters. This Order therefore includes standard requirements to the effect that discharges shall not cause violations of water quality objectives nor shall they cause certain conditions to occur which create a condition of nuisance or water quality hnpairment in receiving waters. ~.ccordingly, the Regional Board is requiring that these standard requirements be addressed through the implementation of technically and economically feasible control measures to reduce pollutants in storm water discharges to the maximum extent practicable as provided in Provisions C.1 through C.7 ofth/s Order. Compliance with Provisions C.1 through C.7 is deemed compliance with the requirements of this Order. If these measures, in combination ~vith controls on other point and nonpoint soumes of pollutants, do not result in attainment of applicable water quality objectives, the Regional Board Mll reopen this permit pursuant to Provisions C. 1, C.6, and C.7 of this Order to impose additional conditions which require February 24, 1997 Order 97-030 implementation of additional control measures. 14. The Regional Board considers the Plan to be equivalent to a watershed management plan for the urbanized portions of Alameda County: as the Plan outlines effective and efficient implementation of appropriate control measures for the most important sources of pollutants w/thin the watersheds. In addition, the Plan is branching out into the areas of parks and open space, and a linkage with the Southern Alameda Watershed Management Initiative through the auspices of the Alameda Resource Conservation Dzstnct will be attempted during this five year period. The watershed management approach involves three components: assessment of the landscape to be addressed, identification 0fpdor/ty pollutant sources to be controlled, and the involvement of all stakeholders in the control of pollutant sources. The Program employs these general components in its evolving program to control urban storm water runoff and non-point pollutant sources in Alameda County. ~x~u;~ ~lcuor alSCnarge storm water to the Storm drains and watercourses covered by this Order. The Dischargers may lack legal jurisdiction over these entitles under the state and federal constitutions. Consequently, the Regional Board recognizes that the Dischargers should not be held responsible for such facilities discharges. The Califorala Departrnent of Transportation (Caltrans) is a state agency that is currently, among others, such an entity. The Regional Board issued a separate storm water p~rmit (NPDES Penni/No. CAS029998), to Caltrans in August of 1994, and will consider issuing separate NPDES permits for storm water discharges to other federal, state, or regional entities within the Dischargers' boundaries. 16. The action to adopt a NPDES permit is exempt from the provisions of the California Environmental Quality Act; Chapter 3 (commencing w/th Section 21100)of Division 13 of the Public Resources Code in accordance w/th Section 13389 of the California Water Code. 17. The Regional Board will notify interested agencies and interested persons of the availability of reports, plans, and schedules, including Annual Reports, Work Plans, Performance Standards, and the Plan, and will provide them with an oppommity for a public heating and/or an opportunity to submit their written views and recommendations. The Regional Board will consider all comments and may modify the reports, plans, or schedules or may modify this Order in accordance with the NPDES peraft regulations. Ail submittals required by th.is Order conditioned with acceptance by the Executive Officer v-/Il be subject to these notification, comment, and public hearing procedures. 18. The Regional Board has notified the Dischargers and interested agencies and interested persons of its hutent to prescribe waste discharge requirements and a NPDES permit for this discharge and has provided them with an opportunity for a public heating and an opportunir), to submit their written views and recommendations. Order ~7-030 6 19. The Regional Board, at a properly noticed public meeting, heard and considered ail comments pertaining to the discharge. 20. It is the intention of the Regional Board that this Order supersede Order No. 91-146. 21. This Order serves as a NPDES permit,, pursuant to CWA Section 402, or amendments thereto, ~d shall become effective ten days after the date of its adoption provided the Regional Administrator, US EPA, Region IX, has no objections. IT IS HEREBY ORDERED that the Dischargers, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder and the provisions of the Clean Water Act as amended and regulations and guidelines adopted thereunder, shall comply with the following: A. DISCHARGE PROHIBITIONS The Dischargers shall, within their respective jurisdictions, prohibit the discharge of non- storm water (materials other than storm water) into their storm drain systems and watercourses. NPDES permitted discharges are exempt from this prohibition. Non-polluted discharges are also exempt from this prohibition. Some examples of non-polluted discharges are landscape irrigation mnoffwhich is not polluted with silt, fertilizer, herbicides or pesticides, non-polluted groundwater pumped discharge and once-through non-contact cooling water which has lost chlorine residual. Compliance with this prohibition shall be demonstrated in accordance with Provisions C.1 and C.5 ofth/s Order. Provision C.5 describes a tiered categorization of non-storm water discharges based on potential for pollutant content. 2. The discharge of storm water from a facility or activity that causes or contributes to the violation of Receiving Water Limitations is prohibited. B. RECEIVING WATER LIblITATIONS 1. The discharge shall not cause the following conditions to create a condition of nuisance or to adversely affect beneficial uses of waters of the State: a. Floating, suspended, or deposited macroscopic particulate matter, or foam; b. Bottom deposits or aquatic growths; c. Alteration of temperature, turbidity., or apparent color beyond present natural back°round levels; Febmary24,1997 Order 97-030 Visible, floating, suspended, or deposited oil or other products of petroleum origin; and/or Toxic or deleterious substances present in concentrations or quantities which will cause deleterious effects on aquatic biota, wildlife, or waterfowl, or which render any of these unfit for human consumption either at levels created in the receiving waters or as a result of biological concenlxation. The discharge shall not cause a violation of any applicable water quality objective for receiving waters. If applicable water quality objectives are adopted and approved by the State Board after the date of the adoption of this Order, the Regional Board may revise and modify tkis Order. Receiving Water Limitations are based upon beneficial use~, water quality objectives and water quality,' standards contained in the Basin Plan, and amendments thereto, and on ambient water quality. The discharge of storm water, or non-storm water, from a municipal storm sewer system for which the Dischargers 'are responsible, under the terms of this Order shall not cause any of the above conditions to continue or recur in the receiving waters. The Dischargers will not be in violation of these limitations so long as they are in compliance with ihe following requirements: If the Executive Officer determines that continuing or recurring exceedance of any Receiving Water Limitation listed above has been caused by discharge from the municipal storm sewer system, or if the discharge causes a violation of any applicable water quality objective for receiving waters, the following steps shall be taken: i. The Executive Officer shall notify the Board of this fact and ofsubsec!uent actions as described below. ii. The Executive Officer will evaluate the adequacy of the Dischargers' implementation of the Plan based on the Dischargers' submitted reports. The Executive Officer will determine if implementation of the Plan has a reasonable likelihood of preventing future exceedances of Receiving Water Limitations. If the Executive Officer makes this determination, the Dischargers are required to cominue implementing the Plan. iii. If the Executive Officer determines that implementation of the Plan ~vill not have a reasonable likelihood of preventing future exceedances of Receivine Water Limitations, the Dischargers shall, upon notice from the Executive O~'icer, do the following: (a) The Executive Officer may require the Dischargers to submit a report that includes an evaluation of the relative contribution of the storm water discharges to the exceedance of the Receiving Water Limitation. The report shall address ~he persistence and the causes of the exceedance, and evaluate, if appropriate, whether the pollutant(s) causing the exceedance(s) can be controlled by the Dischargers. Order 97-030 (b) The Executive Officer may require the Dischargers to submit a report reviewing the Plan to determine whether it should be revised so there will be a reasonable likelihood of preventing future exceedances of Receiving Water Limitations, or whether revisions to achieve compliance with Receiving Water Limitations cannot be made based on technical feasibility, economic studies, and other pertinent factors. If the report recommends revision of the Plan, the report shall include a work plan to revise the Plan so that it will have a reasonable likelihood of preventing future exceedances of Receiving Water Limitations. If the report concludes that no revisions are necessary to achieve compliance with Receiving Water Limitations, the report shall explain how implementation of the Plan will achieve compliance. If the report determines that revisions cannot be made to achieve compliance with Receiving Water Limitations based on technical feasibility, economic studies, and other pertinent factors, or if the Discharger determines that the pollutant(s) causing the exceedance(s) cannot be controlled by the Dischargers, the Dischargers shall continue to comply with the Plan, shall fully document this determination, and shall make such recommendations, supported by the report documentation, identifying the nature of the actions that may be necessary to achieve furore compliance. (c) Any economic study may include evaluating the cost of implementing a contro! measure against its reasonable relationship to the pollution control benefits to be achieved: When required under (b) above, the Dischargers shall implement the work plan and their revised Plan as approved by the Executive Officer. (d) The Executive Officer shall review and approve or disapprove the reports required under the preceding provisions in a timely fashion. The reports shall be submitted to the Executive Officer witkin 60 days ora request from the Executive Officer. Extension oftlfis submittal deadline with cause will require the Executive Officers's approval. So long as the Dischargers have complied with the procedures set forth in the preceding provisions, they do not have to repeat the procedure for continuing or recurring exceedances of the same Receiving Water Limitation. As appropriate, any determination under this part or revisions to the Plan may be considered by the Regional Board in a public meeting. C. PROVISIONS The Dischargers shall comply with Discharge Prohibition A.1 and A.2 and Rece~vinc, Water Limitations B.1 and B.2 through the timely implementation of control measures and~other actions to reduce pollutants in the discharge in accordance with Provisions C.2 through C.7 and the Plan and any of its modifications, revisions, or amendments developed pursuant to this Order. If adverse impacts to beneficial uses of receiving waters persist foilowing implementation of Provisions C.2 through C.7 and the Plan, this Order will be reopened to require the Dischargers to identify, assign, and implement additional controi measures and Order 97-030 9 revise the Plan, forthwith, to ensure compliance with Discharge ProhibitiOns A.1 and A.2 and Receiving Water Limitations B.1 and B.2. 2. Storm Water Management Plan and Performance Standards a. The Dischargers shall implement control measures and best management practices to reduce pollutants in storm water discharges to the maximum extent practicable. The Plan shall serve as the framework for identification, assignment, and implementation of such · control measures. The Dischargers shall begin implementing forthwith the Plan and shall subsequently demonstrate its effectiveness and provide for necessary and appropriate revisions, modifications, and improvements to reduce pollutants in storm water discharges to the maximum extent practicable and as required by Provisions C.1 through C.7 ofth/s Order. The Plan incorporates Performance Standards developed by the Dischargers. Performance Standards are defined as the level of implementation necessary to demonstrate the reduction of pollutants in storm water to the maximum extent practicable. 3. Annual Reports and Workplans The Dischargers shall submit an Annual Report, by September 15 of each year, documenting the status of the Program's and the Dischargers' activities, including the results of a qualitative field level assessment of activities implemented by the Dischargers, and the performance of rusks contained in the Plan. The Annual Report shall include a compilation of deliverables and milestones completed as described in the Plan. In each Annual Report, the Dischargers shall propose pertinent updates, improvements, or revisions to the Plan, which shall be deemed to be incorporated into this Order unless disapproved of by the Executive Officer or acted on in accordance with Provision C.6. As part of the Annual Report process, each of the l~ischargers shall conduct ah overall evaluation of the effectiveness of its applicable activities described in the Plan. l~irect and indirect measures of effectiveness may include, but are not limited to, conformance with established Performance Standards, quantitative morfitoring to assess the effecti'~eness of control measures, measurements or estimates of pollutant load reductions, detailed accounting of Program accomplishments, funds expended, or staff hours utilized. Methods to improve effectiveness in the implementation of tasks and activities including development of new, or modification of ex/sting Performance Standards shall be identified where appropriate. Order 97-030 10 The Dischargers shall submit a Mid-Fiscal Year Report and draft Workplans for the Program; and Industrial Inspection and Illicit Discharge Survey Workplans for each Discharger by March 15. The deadline for Discharger-specific Workplan submittal for 1997 only shall be May 1, 1997. The Executive Officer may require Dischareer-specific Workplans for other elements of the Plan. ~ The Workplans shall consider the stat,~ of implementation of current year activities and actions of the Dischargers, problems encountered, and proposed solutions, and shall address any comments received fi-om the Executive Officer on their previous year Annual Report. The Workplans shall include clearly defined tasks, responsibilities, a~d schedules for implementation of Program and Discharger-specific actions for the next fiscal year. The Workplans should also consider development of new, or modification of existing Performance Standards in accordance with Provision C.2. and alternative monitoring activities as required in Provision C.4. The Pro,am Workplans and Discharger-specific Workplans shall be deemed to be final and incorporated into the Plan and this Order as of July lofeach year unless determined to be unacceptable by the Executive Officer. The Dischargers shall address any comments or conditions of acceptabili~ received from the Executive Officer on their draft Workplans prior to the submission of their Annual Report on September 15 of each year, or at an earlier date if so specified by the Executive Officer, at which time the Workplans shall be deemed to be incorporated into the Plan and this Order unless disapproved of by the Executive Officer. 4. Monitoring Program The Dischargers shall submit by August 1 of each year, an Annual Monitoring Program Plan acceptable to the Executive Officer, that supports the development and implementation and assesses the effectiveness of the Plan. The Monitoring Pm~am Plans shall be designed to achieve the following objectives and objectives presented in the Storm Water Management Plan, (however, every objective may not need to be addressed in every year): · Characterization of representative drainage areas and storm water discharges, including la.nd use characteristics, pollutant concentrations, and mass loadings; Assessment of existing or potential adverse impacts on beneficial uses caused bv pollutants of concern in storm water discharges, including an evaluation of representative receiving waters; · Identification of potential sources of pollutants of concern found in storm water discharges; and Order 97-030 11 · Evaluafionoftheeffectivenessofrepresentativestormwaterpollutionpreventionor control measures. The Monitoring Program shall include t~e following: a. Provisions for conducting and reporting the results of special studies conducted by the Program or Dischargers which are designed to determine the effectiveness of best management practices or control recaptures, define a Performance Standard in accordance · with Provision C.2, or assess the adverse impact of a pollutant or pollutants on beneficial uses. Provisions for conducting watershed monitoring activities including; identification of major sources of pollutants of concern; evaluation of the effectiveness of control measures and best management practices; and use of physical, chemiciI, and biological parameters and indicators as appropriate; and Identification and justification of representative sampling locations, frequencies and methods, suite of pollutants to be anm~zed, analytical methods, and quati~ assurance procedures. Alternative monitoring methods in place of ttiese re ~. -:: ~ financial participation in regional, state, or national special proj~c~a o~ ~c~coac~, i~te~t~ review, visual observations, use of indicator parameters, recognition and reliance on special studies conducted by other programs, etc.) may be proposed with justification. Such proposed alternative monitoring methods shall be included as a component of the Workplans as required in Provision C.3. 5. Non-Storm Water Discharges a. Exempted Discharges In carrying out Discharge Prohibition A. 1 of this Order, the following non-storm water discharges need no~ be protfibited unless they are identified by the Dischargers or the Executive Officer as sources of pollutants to receiving waters: i. flows from riparian habitats or wetlands; ii. diverted stream flows; iii.springs; iv. rising ground waters; and v. uncontaminated groundwater infiltration. If the any of the above categories of discharges, or sources of such discharges., are identified as sources of pollutants to receiving waters, then such categories or sources Order 97-030 12 shall be addressed as conditionally exempted discharges in accordance with Provision C.5.b. b. Conditionally Exempted Discharges The followine non-storm water discharges need not be prohibited if they are either identified by the Dischargers or the Executive Officer as not being sources of pollutants to receiving waters or if appropriate control measures to minimize the adverse impacts of such sources are developed and implemented under the Plan in accordance with Provision C.5.c.: i. uncontaminated pumped groundwater; ii. foundation drains;' iii. water from crawl space pumps; .iv. footing drains; v. air conditioning condensate; vi. irrigation water; vii. landscape irrigation; viii. lawn or garden watering; ix. planned and unplanned discharges from potable water sources; x. water line and hydrant flushing; xi. individual residential car washing; and xii. discharges or flows from emergency fire fighting activities. The Dischargers shall identify and describe the categories of discharges b.i through b.xii which they wish to exempt from Prohibition A.1 in periodic submissions to the Executive Officer. For each such category, the Dischargers shall identify and describe as necessary and appropriate to the category either documentation that the discharges are not sources of pollutants to receiving waters or circumstances in which they are not found to be sources o£polhitants to receiving waters. Otherwise, the Dischargers shall describe control measures to reduce pollutants to the maximum extent practicable and minimize the adverse impacts of such sources, procedures and Performance Standards for their implementation, procedures for notifying the Regional Board of these discharges, and procedures for monitoring and record management. Such submissions shall be deemed to be incorporated into the Plan unless disapproved by the Executive Officer or acted on in accordance with Provision C.6 and the NPDES permit regulations. d. Permit Authorization for Exempted Discharges i. Discharges of non-storm water from sources owned or operated by the Dischargers are authorized and perrnitted by this Order, if they are in accordance with the conditions of this provision and the Plan. .7. Order 974330 13 ii. The Regional Board may require dischargers of non-storm water o/her than the Dischargers to apply for and obtain coverage under a NPDES permiI and comply with the control measures developed by the Dischargers pursuant to Provision C.5. Non~ storm water discharges that are in compliance with such control measures may be accepted by the Dischargers and are not subject to Prohibition A. iii. The Dischargers may propose, as part of their annual updates to the Plan under Provision C.3 ofth/s Order, additional categories of non-storm water discharges to be included in the exemption to Discharge Prohibition A. Such proposals are subject to approval by the Regional Board in accordance with NPDES permit regulations. It is anticipated that the Plan may need to be modified, revised, or amended fi:om time to time to respond to changed conditions and to incorporate more effective approaches to pollutant control. Requests for changes may be initiated by the Executive Officer or by the Dischargers. Minor changes may be made with the Executive Officer's approval and will be brought to the Regional Board as information items and the Dischargers and interested parties will be notified accordingly. If proposed changes imply a major revision of the Program, the Executive Officer shall bring such changes before the Reg/onal Board as permit amendments and notify the Dischargers and interested parties accordingly. This Order may be modified, or alternatively, revoked or reissued, prior to the expiration date as follows: a. to address significant changed conditions identified in the technical reports required by the Regional Board which were unknown at the time of the issuance of this Order; b. to incorporate applicable requirements ofstatewide water quality control plans adopted by the State Board or amendments to.the Basin Plan approved by the State Board; or c. to comply with any applicable requirements, guidelines, or regulations issued or approved under Section 402(p) of the CWA, if the requirement, guideline, or regulation so issued or approved contains different conditions or additional requirements not provided for in this Order. The Order as modified or reissued under this paragraph shall also contain any other requirements of the CWA then applicable. Each of the Dischargers shall comply with all parts of the Standard Provisions contained in Appendix A oft}tis Order. 9. This Order expires on February 19, 2002. The Dischargers must file a Report of W~t~ Discharge in accordance with Title 23, California Code of Regulations, not later th~n~l~0 days in advance of such date as application for reissuance of waste discharge requirements. 10. Order No. 91-146 is hereby rescinded. Order 97-030 14 t, Loretta K. Barsamian, Executive Officer, do hereby certify that the foregoing is a full, true, and correct copy of an order adopted by the California Regional Water Quality. Control Board, San Francisco Bay Region, on February 19, 1997. Executive Officer APPENDIX A - STANDARD PROVISIONS ATTACHMENTS - Location and Political Jurisdiction Map Storm Water Management Plan - Title Page, Table of Contents and Executive Summary (Regional Board Members will receive a complete copy of the most recent revision of the Plan) APPENDIX A STANDARD PROVISIONS 1. Duty to Comply The Dischargers must comply with all of the conditions of this Permit. Any permit noncompliance constitutes a violation of the Federal Clean Water Act (CWA) and California's Porter-Cologne Water Quality Control Act (Water Code) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. 2. Permit Actions This Permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Dischargers for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. If any toxic effluent standard or prohibition (including any schedule of compliance sDecifiea in such effluent standard or prohibition) is promulgated under Section 307(a) of the ~WA for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this Permit, this Permit shall be modified, or revoked and reissued to conform to the toxic effluent standard or prohibition, and the Dischargers so notified. 3. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for the Dischargers in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Permit. 4. Duty to Mitigate The Dischargers shall take all responsible steps to minimize or prevent any discharge in violation ofth/s Permit wi'rich has a reasonable likelihood of adversely affecting hu~man health or the environment. 5. Proper Operation and Maintenance The Dischargers shall at ali times properly operate and maintain any facilities and svstems of treatment and control (and related appurtenances) wh/ch are installed or used by the' Dischargers to achieve compliance with the conditions of this Permit and with the requirements of storm water pollution prevention plans. Proper operation and maintenance A-I also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance may require the operation of backup or auxiliary facilities or similar systems, installed by the Dischargers when necessary to achieve compliance with the conditions of this Permit. 6. Property Rights This Permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, Slate, or local laws or regulations. 7. Duty to Provide Information The Dischargers shall furnish the Regional Board, Slate Board, USEPA, or local storm water management agency within a reasonable time specified by the agencies, any requested information to determine compliance with this Permit. The Dischargers shall also furnish, upon request, copies of records required to be kept by this Permit. 8. Inspection and Entry The Dischargers shall allow the Regional Bohrd, State Board, and USEPA, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the Dischargers' premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this Permit; b. Have access to and copy at reasonable times, any records that must be kept under the conditions of this Permit; and c. Inspect at reasonable times any facilities or equipment (including mouitoring and control equipment) that are related to or may impact storm water discharge. d. Sample or monitor at reasonable times for the purpose of ensuring permit compliance. 9. Signatory Requirements All reports, certification, or other information required by the Permit or requested by the Regional Board, State Board, USEPA shall be si~ed by a principal executive officer or by a du~y authorized representative. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described above and retained as par~ of the Storm Water ivlanagement Plan. Ao2 The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of manager, operator, superintendent, or position of equivalent responsibility or an individual or .position having overall responsibility for environmental matters for the company. c. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization must be reported to the Regional Board and attached to the Storm Water Management Plan prior · to submittal of any repons, certifications, or information signed by the authorized representative. ~o. Certification Any person signing documents under Provision 9 shall make the following certification: "I certify under penalty of law that tiffs document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry or the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted, is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of frae and imprisonment for knowing violations." Reporting Requirements Planned changes: The Dischargers shall give written notice to the Regional Board as soon as possible of any planned physical alteration or additions to its right-of-way and facilities, or change in its Storm Water Management Plan. Notice is required under this provision only when the alteration, addition, or change could significantly change the nature or increase the quantity of pollutants discharged. Anticipated noncompliance: The Dischargers will give advance notice to the Regional Board of any planned changes in its right-of-way and 'facilities, Storm Water Management Plan, or an activity which may result in noncompliance with permit requirements. Noncompliance reporting: The Dischargers shall report any noncompliance at the time reports are submitted. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. ~2. Oil and Hazardous Substance Liabili~ A-3 Nothing in this Permit shall be construed to preclude the institution of any legal action or relieve the Dischargers from any responsibilities; liabilities, or penalties to which the Dischargers are or may be subject under Section 311 of the CWA. ~3. Severability The provisions of this Permit are severable, and if any provision of this Permit, or the application of any provision of this Permit to any circumstance, is held invalid, the application of such provision to other cimumstances, and the remainder of this Permit shall not be affected thereby.. Penalties for Violations of Permit Conditions. a. Section 309 of the CWA provides significant penalties for any person who violates a permit condition implementing Sections 301,302, 306, 307 308,318, or 405 of the CWA, or any permit condition or limitation implementing any such section in a permit issued under Section 402. Any person who violates any permit condition of this permit is subject to a civil penalw not to exceed $25,000 per day of such violation, as well as an>, other appropriate sanction provided by Section 309 of the CWA. b. The Water Code also provides for civil and criminal penalties, in some cases greater than those under the CWA. A-4 Alameda Alameda County Alameda County Flood Control District Albany Berkeley Dub/in Emeryvil/e Fremont Nayward Livermore Newark Oak/and Piedmont P/easan ton San Leandro Union City Zone 7 of the Alameda County Flood Control District S TORMWA TER MANAGEMENT PLAN Ju~ 1996-June 2001 Alameda Countywide Clean Water Program A Consortium of I~cal Agencies Credits This report is being submitted by the member agencies in the Alameda Countywide Clean Water Program A Consortium of Local Agencies City of Alameda City of Berkeley City of Emeryville City of Hayward City of Newark City of Piedmont City of San Leandro Alameda County City of Albany City of Dublin City of Fremont City of Livermore City of Oakland City of Pleasanton City of Union City Alameda County Flood Control and Water Conservation District Alameda County Flood Control and Water Conservation District, Zone 7 Implementation coordinated by: Alameda County Public Works Agency Alameda County Flood Control and Water Conservation District 951 Turner Court, Room 300, Hayward, California 94544 Report Prepared by: EOA, Ibc, (Eisenberg, Olivieri, & Associates) 1410 Jackson Street Oakland, California 94612 in association with Woodward-Clyde Consultants 500 12th Street, Suite 100 Oakland, California 94607 Alameda Countywide Clean Water Program A Consortium of Local Agendes 951 Turner Court. Hayward CA 94545-2698 Agencies: Alameda Albany Berkeley Dublin Eme .r.ryville Fremont Hayward Newark Oakdand Piedmont San Leandro Union City Alameda County Alameda County Flood Control Di',trict Zone 7 of the Alameda County Flood Control District April 18, 1996 Mr. Dale Bowyer San Francisco Bay Regional Water Quality Control Board 2101 Webster Street, Suite 500 Oakland CA 94612 Subject: Submittal of "Stormwater Management Plan" and Other Parts of the ACCWP's Municipal Stormwater NPDES Permit Re-application Dear Mr. Bowyer: Attached is the Alameda Countywide Clean Water Program's {ACCWP) "Stormwater Management Plan" (SWMP) for the five-year period beginning July 1, 1996. This SWMP reflects a continuing, gradual evolution of the successful stormwater pollution prevention and control methods identified and implemented during the initial NPDES permit period. The refinements incorporated into the new SWMP are based on the practical experience of the ACCWP member agencies, as well as the guidance provided by the Regional Board staff. The SWMP is divided into three major sections. First is the Executive Summary which contains'a concise overview of the tasks, schedule, and parties responsible for implementing the SWMP. The Executive Summary is intended to provide sufficient information for policy makers and elected officials to grasp what the Alameda Countywide Clean Water Program is committed to accomplishing. The second major section consists of each of the components of the SWMP. This section describes in more detail what was accomplished during the initial NPDES permit period and the tasks that will be conducted over the next five years. The last major section consists of the appendices to the SWMP. These appendices include sections on the work plan and budget for FY 1996/97 (which will serve as a base plan for future annual work plans and budgets), performance standards, and other useful information. In addition to the SWMP, this NPDES permit re-application package includes as separate items, EPA Application Form 1 and additional Supplemental Re-application Materials dealing with the applicants' stormwater finances, maps and other required information. We look forward to working with you to obtain the next NPDES permit. If you have any questions or comments, please contact Fred Jarvis at 892-2852 or me at 670- 5563. Sincerely, G. Robert Hale, Ph.D Chair of Management Committee Alameda CountTwide Clean Water Program A Consortium of Local Agencies 951 Turner Court, Ha.vward CA 94545 -2698 (510) 670-554.3 FAX lS101670-5262 Agencies: Alameda Albany Berkeley Dublin Eme .ryville Fremont Hayward Livermore Newark Oak]and Piedmont Pleasanton San Leandro Union City Alameda County Alameda Coun .fy Flood Control and Water Conservation District Zone 7 of the Alameda CounW Flood Control District Loretta Barsamian E×ecutJve Officer Regional Water Quality Control Board 2101 Webster St., Suite 500 Oakland, CA 6412 Dear Ms. Barsamian: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submit-ted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." G. Robert Hate, Ph.D ACCWP Coordinator Table of Contents Credits ......................................................... ii List of Figures and Tables ............................................ v Acronyms ....................................................... vi Definitions ...................................................... vii Executive Summary .......................................... ES-1 Section 1.0 Introduction and Background ............................. 1-1 Section 2.0 Regulatory Compliance, Planning, and Program Management ....... 2-1 Section 3.0 Focused Watershed Management Approach .................. 3-1 Section 4.0 Monitoring and Special Studies ........................... 4-1 Section 5.0 Public Information/Participation ........................... 5-1 Section 6.0 Municipal Maintenance Activities .......................... 6-1 Section 7.0 New Development and Construction Controls ................. 7-1 Section 8.0 Illicit Discharge Controls ................................ 8-1 Section 9,0 Industrial and Commercial Discharge Controls ................. 9-1 iii Appendices APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E FY 1996/97 Work Plans and Budget Performance Standards (and reporting forms} Lists of Municipal Stormwater Ordinances Adopted; General Program Agreements; General Program Reports and Documents; and Educational Materials Developed During the Initial NPDFS Permit Period Bylaws of the Alameda Countywide Clean Water Program's Management Committee Summary of Relevant Regulatory Programs/Policies Figures Figure ES-1 Figure 1-1 Figure 1-2 Figure 8-1 Figure 8-2 Figure 9-1 Tab/es Table ES-1 Table 1-1 Table 2-1 Table 7-1 Table 9-1 Task Lead and Schedule ................................ ES-11 Municipalities and Major Open Creeks and Waterbodies in Alameda County ....................................... 1-9 Organizational Structure for Implementing Stormwater Management Plan Components ..................................... 1-11 Materials Reported During Illicit Discharge inspection Activities ...... Implementation. Approach for Illicit Discharge Control Program Activities 8-7 Implementation Approach for industrial and Commercial Discharge Control Program Activities ................................ 9-6 General Program and Member Agency Roles .................. ES-18 Comparison of Component Titles .......................... 1-12 Management Committee Representatives ..................... 2-7 Projected Increases in Population and Number of Households in Alameda County 1995 - 2005 ............................. 7-7 Municipality Approach to Industrial and Commercial Inspections ..... 9-7 v February 19, 1997 Acronyms ABAG ACFC&WCD BASMAA BMPs COE CRMP DUST EPA I&IDC MSS NPDES PAH PCB PI/P RMP SFE! SWMP TIE Association of Bay Area Governments Alameda County Flood Control & Water Conservation District Bay Area Stormwater Management Agencies Association Best Management Practices (U.S, Army) Corps of Engineers Coordinated Resources Management and Planning Demonstration Urban Stormwater Treatment {Marsh) Environmental Protection Agency industrial & Illicit Discharge Control {Subcommittee) Monitoring and Special Studies (Subcommittee) National Pollutant Discharge Elimination System poly aromatic hydrocarbons poly chlorinated biphenyls Public Information/Participation Regional Monitoring Program San Francisco Estuary Institute Stormwater Management Plan Toxicity Identification Evaluation vi Definitions BMPs General Program Member Agencies Municipalities Performance Standards Practices implemented by private industry and public agencies which prevent or reduce water pollution. Activities implemented for the joint benefit of the member .agencies. The 14 cities in Alameda County, unincorporated Alameda County, the ACFC&WCD, and Zone 7 of the ACFC&WCD. The 1 4 cities in Alameda County and unincorporated Alameda County. Pollution prevention practices the member agencies have made a commitment to implement. vii Performance Standards for NEW DEVELOPMENT AND CONSTRUCTION SITE CONTROLS NEW DEVELOPMENT AND CONSTRUCT/ON SITE CONTROLS I. MEASURES AND POLICIES TO CONTROL THE QUALITY OF STORMWATER RUNOFF Tier//[1) Each agency will incorporate the New Development Subcommittee's conditions of approval into its standards for development, as appropriate. Each agency will document permanent erosion and stormwater quality controls, controls during construction, and operation and maintenance of structural controls in conditions of approval for both public and private projects. Best management practices (BMPs) will be selected from appropriate guidance materials. See Attachment B for a list of these materials and a list of BMPs to consider for large projects. 3. Each agency will ensure that stormwater quality requirements are included in plans and contract specifications for municipal construction projects. Tier/1(3) 1. Each agency will develop and implement design guidelines and practices which incorporate water quality protection measures for both public and private projects. Each agency will review existing legal authority provided in erosion control and stormwater management and discharge control ordinances to determine the ability to implement General Plan policies and authorize discretionary review of development projects. If necessary, the agency will amend existing ordinance(s) or develop and adopt ordinances. Tier I1(*)~ Each agency will incorporate policies and implementation measures which will help preserve and enhance water quality in General Plans. Agencies will designate specific areas as "water-quality sensitive" to control the quality of stormwater runoff in these areas, if applicable. Il. EDUCATIONAL ACTIVITIES T/er l Each agency will provide educational materials (BMP flyers, Blueprint for a Clean Bay, etc.) to municipal staff, developers, contractors, construction site operators, and owner/builders, as appropriate, Each agency will educate its staff responsible for development application and plan review on stormwater quality issues and controls. Agencies will provide information ~ Implement when General Plans are amended. February 19, 1997 NEW DEVELOPMENT AND CONSTRUCTION SITE CONTROLS on municipal design guidelines, ordinances, conditions of approval, contract specifications and protected sensitive areas. t Each agency will educate constructicn site inspectors on proper implementation and maintenance of erosion and sediment controls and materials/waste management RMPs. Each agency will conduct in-house training to municipal staff (e.g., plan checkers, construction, capital improvement, permit, public works and/or building inspectors) on a regular basis as needed (suggest one hour/quarter). Tier 11(3) Each agency wilt develop and provide pre-application materials containing information on stormwater controls and requirements to developers. One example is BASMAA's site planning and design guidance manual to be completed during FY 1996/97. Tier III 1. Agencies will attach appropriate BMP flyer(s) to building permits. III. DEVELOPMENT APPLICATION AND PLAN REVIEW T/er I 1, Each agency will evaluate the effect of development on stormwater runoff and wetlands in the CEQA process {e,g,, use a revised checklist). 2. Each agency will consider water quality impacts in the context of their review and possible approval of both public and private development projects, Tier I1(1) 1. Agencies will require public and private development projects to include site planning and design techniques to prevent and minimize impacts to water quality. These may include the following: a. Minimize land disturbance. b. Minimize impervious surfaces (e.g., roadway width) especially directly connected impervious areas (DCIA). c. Use of clustering. d. Preservation of quality open space. e. Maintain (and/or restore, if possible) riparian areas and wetlands as project amenities, establishing vegetation buffer zones to reducs runoff into waterways. "=I^~6=''/~,,~,,.,,-~EW~V3.,~V ND-2 February 19, 1997 NEW DEVELOPMENT AND CONSTRUCTION SITE CONTROLS Each agency will require public and private development projects to include permanent stormwater quality controls, as appropriate, if sufficient site planning measures are not implemented or feasible. IV. EROSION AND SEDIMENTATION CONTROL Tier I Each agency will review its erosion control program for adequacy, based on the Recommendations and ABAG's Manual of Standards for Erosion and Sediment Control Measures, and identify any improvements needed in the following areas: a. enforcement authority (grading, erosion and/or stormwater control ordinances), b. minimum BMPs required, c. training and tools for inspectors, d. information for developers and contractors. As a condition of issuance of a grading permit, each agency will require developers to prepare, submit to the municipality for review and approval, and implement an effective erosion and sediment control plan or similar administrative document that contains erosion and sediment control provisions. Tier 11(2) Each agency wi]l make improvements to its erosion control program, as identified in Tier I #1. Tier 11(3) Each agency will require developers to provide permanent erosion and stormwater controls on plans submitted for projects. V. STATE GENERAL PERMIT Tier I Prior to construction of a project that disturbs _> 5 acres, each agency will require a copy of the Notice of Intent (NOI) sent to the State Water Resources Control Board for coverage under the Construction Activity Stormwater NPDES General Permit. Tier//I Prior to construction of a project that disturbs >_ 5 acres, each agency will require a copy of the project Storm Water Pollution Prevention Plan. F;~ALB2-Tl/Fin. I~AppendB\N~WDEV3.REV ND-3 February 15, 1997 NEW DEVELOPMENT AND CONSTRUCTION SITE CONTROLS 2. Each agency will require that projects which disturb <: 5 acres prepare and submit an abbreviated Storm Water Pollution Prevention Plan {SWPPp) prior to the start of construction activity, to demonstrate that the owner, developer, and/or contractor has evaluated BMPs and provided those appropriate for protection of stormwater quality. Agencies will define and provide examples of the contents of the abbreviated SWPPP (e.g., the Fairfield-Suisun Urban Runoff Management Program's brochure). 3. Each agency will coordinate construction inspections and enforcement of corrective actions with Regional Board staff, if appropriate. VI. CONSTRUCTION SITE FIELD INSPECTIONS Tier / o Each agency will inspect construction sites for adequacy of stormwater quality control measures on a regular basis, with the frequency of inspections based on considerations such as the size of the project, its potential impact on stormwater quality, and the amount of construction activity. For construction sites requiring erosion and/or sediment control plans, each agency will inspect sites prior to the beginning of the wet season each year, to ensure that measures have been taken to prevent erosion and minimize discharges of sediment from disturbed areas. Inspectors will review the Storm Water Pollution Prevention Plan, if available, prior to conducting the inspection. During inspections, inspectors will: a. Inspect for and effectively prohibit non-stormwater discharges, except those discharges which contain no pollutants. b. Whenever possible, visually observe the quality of stormwater runoff after a major storm event. c. Require proper implementation and maintenance of erosion control and " materials/waste management BMPs (e.g., covering stockpiled materials, designating work and storage areas) to minimize the discharge of pollutants. If appropriate, inspectors will require problems to be corrected and will document illicit discharges (or contact your Illicit Discharge Coordinator) so that illicit discharges are reported to the General Program in the Illicit Discharge Inspection Quarterly Summary Report. F:IAJ'(J2'11\FJ~aJlAPP"tld'J]~J~'~JVD~I~'J~EV ND-4 February "/9, 1,997 NEW DEVELOPMENT AND CONSTRUCT/ON SITE CONTROLS Tier/1(1) : For construction sites requiring erosion an/or sediment control plans, each agency will inspect sites following each major storm event or series of events during the wet season of each year, to observe the effectiveness of erosion and/or sediment control measures. VII. WATERSHED RESOURCE INVENTORY AND PLANNING Tier il(I) 1. Each agency will determine criteria for sensitive areas. Tier 11(3) Each agency will review existing information on sensitive areas and watershed maps (e.g., from General Plans, the Alameda/Contra Costa Biodiversity Group, Bay Area Digital Geographic Resource (BADGER), San Francisco Estuary Project, Alameda County Flood Control & Resource Conservation District). Each agency will evaluate the need for conducting a watershed resource inventory to identify and map sensitive areas, and to use as a tool for identifying development opportunities and constraints. If appropriate, agencies will develop an approach and schedule for conducting a watershed resource inventory based on guidance from the Regional Board (e.g., from the Local Government Watershed Protection Project) and existing information as it becomes available. VIII. COORDINATION WITH THE ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT [ACFC&WCD) AND ZONE 7 OF THE ACFC&WCD Tier I1(1) Each agency, through the New Development Subcommittee, will initiate discussions with the ACFC&WCD and Zone 7 to establish policies on the operation and maintenance of new flood control facilities to maximize stormwater quality control ' benefits. Tier #(3) Each agency will study and, if appropriate and feasible, implement operation and maintenance procedures for new flood control facilities which maximize stormwater quality control ~=~ALe=-~"~,a~,,,,.B~N~VO~V~.~V ND-5 February 15, ~997 NEW DEVELOPMENT AND CONSTRUCT/ON S/T£ CONTROLS IX. SUBCOMMITTEE MEETINGS AND WORKSHOPS Tier I 1. At least one representative from each agency will attend ACCWP annual workshops. 2. Each agency will chair the New Development Subcommittee on a rotating basis so that the burden of providing leadership is shared equitably. Each agency will designate a person responsible for implementing the New Development component and for acting as a liaison with the New Development Subcommittee. This designated person will stay informed sufficiently to participate in New Development Sub~:ommittee decisions and activities. Tier III A designated person from each agency will attend all New Development Subcommittee meetings. Or, agencies will appoint one representative for multiple jurisdictions. F;~AL82-11~FinaI~Append-BINEWDEV3.REV ND'6 February 19, 1997