HomeMy WebLinkAboutItem 3a: Municipal NPDES (Stormwater) Program UpdateDATE: January 15, 2013 Public Works Services Department TO: Mayor and City Council FROM: Tom Tait, Public Works Services Director Prepared by Vanessa Hevener, Environmental Services Officer SUBJECT: MUNICIPAL NPDES (STORMWATER) PROGRAM UPDAT Recommendation: Receive and File I On November 8, 2012, the Los Angeles Regional Water Quality Control Board (LARWQCB) adopted the new Municipal National Pollutant Discharge Elimination System (NPDES) Permit for municipalities within the Los Angeles Region except Long Beach. The new Municipal NPDES Permit incorporates significant changes including effluent discharge limits, known as Total Maximum Daily Loads (TMDLs), Low Impact Development criteria, and a monitoring program to name a few. Additional changes are outlined in the staff report. These changes will have substantial administrative and monetary impacts on the City of Arcadia. While it is difficult to identify the cost of compliance of the Permit provisions and TMDLs at this point, the cost is expected to increase the stormwater program considerably. The City annually budgets $93,000 in operation and maintenance of the stormwater program. To date, the City has expended an additional $250,000 for the Trash and Metals TMDL develop me nt/com p I iance. This does not include street sweeping operations as this is budgeted in a different section of the General Fund. With the adoption of the new Permit, the City of Arcadia will be required to perform a number of new stormwater activities /programs and develop a variety of capital improvements needed to comply with new and more stringent water quality regulations. These include an increase in the City's minimum control measure activities, maintenance Best Management Practices (BMPs), construction inspections, storm water mitigation plan checks, water quality monitoring and its level of public education/outreach, all of which will require enhanced staff training, new contract services, and/or new personnel. Furthermore, the inclusion of TMDLs will significantly impact the Capital Improvement Program budget with the need to construct new structural BMPs, and complete monitoring and implementation plans for bacteria, trash, metals, nutrients, and pesticides. Mayor and City Council January 15, 2013 Page 2 of I1 In 1972, the U.S. Congress approved the Clean Water Act (CWA), which prohibited the discharge of any pollutant to navigatable waters from a point source unless a NPDES permit authorizes such discharge. The primary focus of the NPDES permit program was to control wastewater discharges from wastewater facilities, factories, and industrial uses. The CWA authorizes the US Environmental Protection Agency (USEPA) to permit a state to act as the NPDES permitting authority in lieu of the USEPA. In California, regional stormwater permits are developed and enforced through the State Water Quality Resources Control Board and nine regional boards. Despite pollution control efforts from point sources, water quality in waterbodies remained degraded. In response, Congress amended the CWA in 1987 to require the USEPA to establish regulations to incorporate stormwater discharges through the municipal separate stormwater sewer system (MS4) into the NPDES program. Stormwater and/or non-stormwater (urban runoff) have been identified as one of the most significant sources of water pollution and pose a serious threat to aquatic life and habitat as well as to human health. Stormwater is precipitation and/or snowmelt that flows over streets, parking lots, and other developed parcels, and through commercial, industrial and residential sites, which is then conveyed via the storm drains IVIS4 into surface waters throughout the Los Angeles region. When stormwater flows over urban environment, it collects suspended metals, sediments, nutrients (nitrogen and phosphorus), trash and debris, petroleum products, untreated sewage, pesticides, and other toxic pollutants, which are then discharged to creeks, rivers, estuaries, and eventually to the Pacific Ocean. Stormwater discharges from the City of Arcadia flow into the Santa Anita Wash and Arcadia Wash, which then drains into the Rio Hondo channel, a tributary of the Los Angeles River and eventually the Pacific Ocean. The most recent permit was issued in 2001 under the Los Angeles Countywide Municipal NPDES permit and was subsequently amended in 2006, 2007, and 2009 to incorporate provisions of the Santa Monica Bay Dry Weather Bacteria TMDL, Marina del Rey Harbor Mother's Beach TMDL, and the Los Angeles River Trash TMDL. This permit required the City to implement a Stormwater Quality Management Plan (SQMP), The plan outlined municipal activities in the following areas: • Public Information and Participation Program • IndustriallCommercial Facilities Control Program • Development Planning Program • Development Construction Program • Public Agency Activities Program • Illicit Connections and Illicit Discharges Elimination Program Permit compliance activities were completed through a collaborative approach among various City departments, but largely concentrated in Public Works Services. Mayor and City Council January 15, 2013 Page 3 of 11 11,111,711.1121ill J 1� 1 11 . .#: In May 2011, the LARWQCB initiated the process of reissuing the Municipal NPDES permit for Los Angeles County. On June 6, 2012, the LARWQCB released a Notice of Opportunity for Public Comments and Notice of Public Hearing. The notice provided a 45-day comment period on the new Los Angeles County Municipal Permit and scheduled the Permit adoption hearing for November 8, 2012. The City of Arcadia provided comments to the LARWQCB on July 23, 2012. The City's comments reflect common concerns submitted by the Los Angeles Permit Group, a coalition of 62 cities within the Los Angeles County, including the City of Arcadia. Many of the comments provided by the City and the Los Angeles Permit Group were not fully addressed during the permit comment period. The recently adopted Municipal Permit is more stringent than the previous permit and will require considerably more funding to implement the new provisions. F11=11IFTV I .-* .11 * - - __ A The new Municipal Permit contains many new major provisions and challenges for the permittees. In general, permittees will need to continue existing activities/programs and begin implementing new, more stringent activities /programs. Some of the major differences between the prior Permit and new Municipal NPDES Permit include, but are not limited to: • No principal perimittee - In the previous permits, the permit provided for a principal permittee that had several duties including coordinating key aspects of the permit such as monitoring activities, annual reporting, and public education. The new Permit does not designate a principal permittee; therefore, those duties will be the responsibility of each individual permittee, thereby increasing the implementation requirements of each city. 0 Incorporation of 33 TMDLs — Of the 33 TMDLs that are incorporated into the new Permit, four additional TMDLs affect the City of Arcadia. The four TMDLs are as follows: 1) Los Angeles River and Tributaries Metals TMDL; 2) Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters Toxics TMDLs (Toxics TMDL); 3) Los Angeles River Watershed Bacteria TMDL; and 4) Peck Road Park Lake TMDLs. Once incorporated in the new Permit, these TMDLs are enforceable under the Clean Water Act. • Monitoring Program - Permittees will be required to develop an integrated monitoring plan and they are highly encouraged to develop a watershed based plan with other permittees in the same watershed. This new monitoring program includes several increased requirements including: outfall monitoring; illicit discharge detection; water quality analysis-, and participation Mayor and City Council January 15, 2013 Page 4 of 11 in special studies. The Integrated Monitoring Program is intended to facilitate a collaborative approach between permittees to monitor receiving waters, stormwater, and non-stormwater discharges and to report the results of monitoring to the Regional Water Board. Watershed Management Programs (WMP) vs. Minimum Control Measures - The purpose of the WMPs is to provide a framework for permittees to implement the requirements of the Municipal NPDES permit in an integrated and collaborative fashion that addresses water quality priorities on a watershed scale. A watershed approach is proposed to include all the TMDLs applicable to the permittee and create one master plan to address all the pollutants. Previously, permittees were required to develop separate plans for each TMDL. An integrated planning approach will help permittees to effectively plan and prioritize projects to address all pollutants of concern. The timeline for this effort is very compact — the City has to decide whether or not to participate in the Watershed Management Program within 6 months after the effective date of the Permit (June 2013). Restriction of non-stormwater discharges — The new Municipal Permit presents a significant increase in the permittees' requirements to restrict non- stormwater dischargess into the system, The Permit requires that the City would need to ensure non-stormwater discharges implement specific best management practices prior to discharging (ex. non-emergency fire flows, water system maintenance and operational discharges, and irrigation overspray). The permittee is required to conduct monitoring and enforcement to ensure the best management practices are being followed and that discharges do not contribute to or cause a nuisance or exceedance of receiving water quality. • Incorporation of Low Impact Development (LID) — As part of the Storm Water Management Program Minimum Control Measures, permittees are required to minimize the percentage of impervious surfaces on new development and design projects to minimize the impervious area footprint. Furthermore, new development needs to employ Low Impact Development (LID) design principles to mimic predevelopment water balance through infiltration, evapotranspiration, and rainfall harvest and use. In addition to the requirements described above, the City is also required to comply with effluent discharge limits known as Total Maximum Daily Loads (TMDLs). The Clean Water Act requires the State to identify a list of "impaired water bodies" and to develop and implement TMDLs for those water bodies in an effort to improve water quality. Mayor and City Council January 15, 2013 Page 5 of 11 A TMDL is the maximum amount for a specific pollutant that can be discharged into a water body without exceeding water quality standards and impairing beneficial uses. In 1999, USEPA and the environmental groups entered into a Consent Decree which identified over 700 local water body-pollutant impairments in Los Angeles County, including the Los Angeles River and its tributaries. This Consent Decree mandated a schedule for addressing these water bodies, including the adoption of Total Maximum Daily Loads (TMDLs) within 13 years. The TMDLs are enforced through the Municipal NPDES permit. Violation of these permits can result in exposing the City to civil and criminal liabilities. Once the TMDLs are incorporated into the Municipal NPDES Permit, permittees are responsible for complying with the requirements of the TMDL. Below is a summary of current TMDLs that the City of Arcadia is subject to compliance: A detailed summary of the each of the TMDLs described above is attached in Exhibit A. Pollutant Effective Date Status -Watershed Los Angeles River Trash Effective Complete installation September 23, of certified full capture 2008 devices at 261 City owned catch basins Los Angeles River Metals (Copper, Effective October In process - City is Lead and Zinc) 29, 2008 participating in the Coordinated Monitoring Plan, provided funding for the Special Study for copper and lead Los Angeles River Bacteria Approved by State In process - staff to on July 8, 2011 seek City Council approval to participate Awaiting USEPA in the Coordinated approval Monitoring Plan similar to the Metals TMDL (February 5, 2013) Dominguez Channel Toxic Pollutants Approved by State In process and Greater Los (DDT, PCBs, on May 5, 2011 Angeles and Long Chlordane, Dieldrin, Beach Harbor Toxaphene) Awaiting USEPA Waters approval Peck Road Park Nutrients Adopted by In process Lake TMDLs PCBs USEPA (USEPA developing) DDT Dieldrin Trash A detailed summary of the each of the TMDLs described above is attached in Exhibit A. Mayor and City Council January 15, 2013 Page 6 of 11 W=. Funding remains a significant challenge for Municipal NPDES and TMDL programs as there are very limited funding sources available for the stormwater program. There are a limited amount of grants available - they are generally highly competitive, require matching funds, and cover only capital costs. The City will continue to monitor and apply for grant funds as they become available. Given similar funding challenges in most Los Angeles County cities, the Los Angeles County Flood Control District is planning a funding initiative to generate water quality funding. The Flood Control District has developed the Ordinance for a proposed "Clean Water, Clean Beaches Fee" or Water Quality Funding Initiative that would provide 90% local return, allocating funding to Watershed Authority Groups (WAGS) and Municipalities to initiate, plan design, construct, implement, operate and maintain water quality improvement projects and programs. The funding would be distributed as follows: 0 40% to Municipalities — for existing and new NPDES and TMDL related programs and projects 0 50% to Watershed Authority Groups (9 throughout LA County — the City is assigned to the "Rio Hondo" WAG) — for regional coordinated planning and implementation related to the MUNICIPAL NPDES permit and TMDL compliance. 0 10% to the Flood Control District for administration including regional planning and technical assistance. The City of Arcadia is expected to annually receive a net total of approximately $760,000 of the collected revenues while the Rio Hondo Watershed Area Group will receive $10.4 million. The fee would require a majority vote of parcel owners to pass. Currently, the Water Quality Funding Initiative is scheduled for a protest hearing/public hearing during the January 15, 2013, Los Angeles County Board of Supervisors meeting. If successful, the ballots will be mailed to property owners in the spring of 2013. If the Water Quality Funding Initiative passes; the first installment of funds is expected to be distributed in January 2014. Staff will monitor the development of the fee initiative and will update the City Council as the process progresses. Administrative Petition At the December 3, 2012, City Council closed session, the City Council unanimously approved to file an Administrative Petition with the State Water Resources Control Board to request that the Petition be held in abeyance while the City works with the Los Angeles Regional Water Quality Control Board on permit implementation. Staff will update the City Council on any new developments once they become available. Mayor and City Council January 15, 2013 Page 7 of 11 LqWK With the adoption of the new Permit, the City of Arcadia will be required to perform a number of new stormwater activities/programs and develop a variety of capital improvements needed to comply with new and more stringent water quality regulations. These include an increase in the City's minimum control measure activities, maintenance Best Management Practices (BMPs), construction inspections, storm water mitigation plan checks, water quality monitoring and its level of public education/outreach, all of which will require enhanced staff training, new contract services, and/or new personnel. Furthermore, the inclusion of TMDLs will significantly impact the Capital Improvement Program budget with the need to construct new structural BMPs, and complete monitoring and implementation plans for bacteria, trash, metals, nutrients, and pesticides. Fiscal impact for the new Municipal NPIDES Permit and TMDL implementation related requirements will be analyzed over the next six months, at which time, staff will be in a better position to give a more clear cost estimate for the implementation of this mandate. There is no Council action required at this time. 29DETWE 9, MITSOU There is no fiscal impact associated with receiving and filing this report. While it is difficult to identify the cost of compliance of the new Permit provisions and TMDLs at this time, it is believed that compliance with the new NPIDES permit and TMDLs is expected to increase considerably. The City annually budgets $93,000 in operation and maintenance of the stormwater program. To date, the City has expended an additional $250,000 for the Trash and Metals TMDL development/compliance. This does not include street sweeping operations. It is estimated that the cost of the LA River Bacteria TMDL alone is $5.4 billion over the next 25 years; and another $9.5 billion to dredge and clean the entire Los Angeles Harbor for toxics. Cost estimates of the other TMDLs are currently unknown at this time. These costs will be shared among the 42 plus agencies located within the Los Angeles River Watershed. The success or failure of the Water Quality Funding Initiative will have a major impact on whether or not the City of Arcadia will be able to afford the NPIDES Permit and TMDL programs. If the Funding Initiative is approved, the City is expected to receive a net of $760,000 annually and have access to a portion of $10.4 million per year of capital funding for watershed group projects, Mayor and City Council January 15, 2013 Page 8 of 11 Receive and file the Municipal NPDES (Stormwater) Program Update Do-m--i—nic LazarreftP City Manager Mayor and City Council January 15, 2013 Page 9 of 11 0002HI�c Los Angeles River Trash TMDL Under the Trash TMDL, agencies within the Los Angeles River watershed must demonstrate that they have reduced the amount of trash discharged into the LA River by 60% from their designated baseline waste load allocation (WLA) by September 2008. An additional 10% reduction for each subsequent year is required until full compliance or zero (0) trash discharged into the Los Angeles River is achieved by September 2016. To achieve compliance, affected agencies may employ a variety of strategies including institutional Best Management Practices (BMPs) e.g., increased street sweeping frequencies; and structural BMPs such as the installation of full capture systems and installation of Board-certified full capture inserts at City-owned storm drain catch basins. Currently, the City of Arcadia owns a total of 261 catch basins all of which have either full capture devices installed or automated retractable screens, where full capture devices are infeasible. The City will continue to execute an effective street sweeping program and to provide public outreach/education to resident and businesses by reducing and/or eliminating pollutants from entering the storm drain system. Los Angeles River Metals TMDL The Los Angeles River Metals TMDL establishes a 22-year program to reduce and/or eliminate copper, cadmium, lead, zinc, and selenium in the Los Angeles River, The TMDL also required that cities prepare a monitoring plan, conduct coordinated monitoring, prepare a Coordinated Implementation Plan, and implement the Plan to reduce metals loading. A total of 42 municipalities and agencies fall within the Los Angeles River Watershed. Based on the drainage and subdrainage areas, the Los Angeles River Watershed is divided into six (6) groups of reaches and tributaries. The Coordinated Monitoring Plan is comprised of a series of monitoring programs to determine whether the constituent pollutant levels are being exceeded based on dry and wet weather criteria. Tier I ambient monitoring is a monthly program conducted at nine (9) sites. Tier 11 effectiveness monitoring is instituted at any of seven (7) additional sites when exceedances are detected downstream of the Tier I sampling site. By Mayor and City Council January 15, 2013 Page 10 of 11 January 2012, the Los Angeles River Metals TMDL requires a reduction of 50% of the dry weather and 25% of the wet weather allowable metals (copper, zinc, lead, cadmium, selenium) limits. In coordiantion with 29 other agencies in Reach Two of the LA River, the City completed a Coordinated Implementation Plan. The Coordinated Implementation Plan laid out four implemetation phases including a combination of non-structural (ordinances, education, enforcement, inspections, product bans, etc.) and structural (infitration basins, biofiltration, permeable pavement, etc.) implementation methods. Non-structural implementation was due to start prior to January 2012 in order to make efforts towards the first set of compliance points (50% dry weather and 25% wet weather). These activities are currently unfunded; however, Staff will be evalating program options and costs with a recommendation at a future date. Structural implementation is currently being evaluated through the LA River Metals Reach Two Technical Committee, in which the City is a member. The City has also participated in a coordinated LA River Watershed Water Effects Ratio Study for copper. The objective of the Water Effects Ration Study is to investigate if copper limits set in the LA River Metals TMDL were too low and if the water body can support a higer level of the copper without negative effects. If the Water Effects Ratio Study is successful, it could increase the permissable level of metals in the river, thereby reducing the amount of implementation required to meet compliance requirements. Los An-geled River Watershed Bacteria TMDL LLA River Bacteria TMQQ The LA River Bacteria TMDL requires the City to reduce the amount of bacteria discharged (Bacteria loading) to the LA River according to the following compliance schedule: Date Action Due July 2014 Bacteria Load Reduction Strategy Due (requires monitoring, source assessment, and an development of an implementation plan) _ _ Jan. 2019 Complete Bacteria Load Reduction Strategy Implementation (additional monitoring, source identification, enforcement, abatement, increased education, and structural treatment/infiltration) Jan. 2022 Must meet dry weather interim waste-load allocation (based on E-Cali levels) July 2028 100% Dry Weather in-stream compliance July 2035 1 100 %® Wet Weather in-stream compliance --------- I The LA River Bacteria TMDL will have significant implications for the City including with financial and compliance challenges. The LA River Bacteria TMDL is estimated to cost the LA River Watershed $5.4 billion over 25 years. Implementation measures for bacteria are similar to metals as run-off will either need to be processed through a Mayor and City Council January 15, 2013 Page 11 of 11 treatment facility or infiltration/biofiltration system to meet complaince levels. Either method will require significant land area, capital investments, and ongoing maintenance costs. Given the common compliance methods, staff will be researching multi-benefit compliance strategies to maximize limited resources. Dominguez Channel and Greater .Los Angeles and Lonq Beach Harbor Waters Toxics TMDLs (Toxics TMDQ The Toxics TMDL will require the City to reduce the amount of toxics (DDT, PCBs, Chlordane, Dieldrin, Toxaphene) discharged to the LA River. The City will be required to develop an implementation plan in coordination with the LA River Watershed and participate in a regional coordinated monitoring program. Peck Road Park Lake TMDLs (Peck Lake TMDLs) The City of Arcadia is subject to several TMDLs developed by the USEPA for Peck Road Park Lake (Nutrients, PCBs, Organochlorine, DDT, Dieldrin, and Trash). The City will be required to develop and implement coordinated monitoring and implementation plans under this TMDL. Monitoring and the research conducted as part of the implementation plan will help to determine pollutant sources and the appropriate implementation actions. Costs for these activites are undertermined at this time,