HomeMy WebLinkAboutItem LCITY OF SEAL BEACH
AGENDA REPORT
Date: May 29, 2001
To: Honorable Mayor and City Council
From: John B. Bahorski�
City Manager
Subject: DRAFT NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT FOR THE
SANTA ANA REGION
SUMMARY OF REOUEST:
The renewal of NPDES permit is scheduled for hearing before the Santa Ana Regional
Water Quality Control Board on June 1, 2001. A draft of the NPDES permit has been
circulated to affected agencies. If approved by the Santa Ana Board this permit will
regulate the affected agencies for the next five years. Staff believes that City Council
should be made aware of this draft NPDES permit because it has both water quality and
financial implications. Essentially, this is an informational item unless City Council
determines that staff should send a comment letter to the Santa Ana Board regarding the
provisions of the draft NPDES permit.
BACKGROUND:
Under the provisions of the 1972 Clean Water Act, a National Pollutant Discharge
Elimination System ( NPDES) Permit program was created to regulate the discharge of
pollutants from point sources to waters of the United States. The Federal Government
delegated the authority to implement the 1972 Clean Water Act provisions to the State of
California. As a result of that action the State of California began issuing NPDES
permits to local governmental agencies. NPDES permits were issued in five -year
increments with the last permit expiring in September 2000.
The County of Orange is the primary applicant for the NPDES permit and the cities are
considered co- permittees. This permit covers an area of 511 square miles and serves a
population of 2.8 million. Within the lower Santa Ana River watershed there are five
tributary watersheds, two of the five are of particular importance to the City of Seal
Beach; they are the San Gabriel River Drainage Area and the Huntington Harbour and
Bolas Bay Drainage Area. TMDL's are proposed for both of these tributary watersheds
that will require additional capital improvements and regulation to correct water quality
problems.
Agenda Item
The draft permit contains a number of new requirements with specific timeframes for
implementing the new requirements. Listed below are highlights of the new requirements
and implementation timefi-ames.
• By July 1, 2003 the permitilm shall enact ordinances to include provisions for civil
and criminal penalties for violations of water quality ordinances.
• The permittees shall be required to either propose ordinances prohibiting certain types
of discharges or in lieu of that, propose appropriate control measures prohibiting
these discharges. In the draft permit the Regional Water Quality Control Board is
seeking to prohibit discharges of wash water from mobile auto detailing, carpet
cleaning, steam cleaning, and municipal activities such as washing down sidewalks,
driveways and plaza areas.
• Pemtittees are required by this permit to review litter /trash control ordinances,
implement appropriate Best Management Practices to reduce litter and report the
result of these efforts by annually beginning in 2002.
• Each city and the County will be required to propose guidelines to determine and
control the impact of infiltration from leaking sanitary sewer systems.
• Within 120 days of the approval of this permit, each city will be required to review
their planning procedures, evaluate the CEQA approval process and possibly modify
their General Plan, if necessary, to include urban runoff related issues.
• Public education remains a key component of the draft permit with a variety of
requirements to address urban runoff/water quality.
Included in this draft permit is a reporting schedule to monitor the progress the permittees
are making toward accomplishing the goals of the permit. Pages 41 through 44 are the
reporting schedule proposed by the Santa Ana Water Quality Control Board. Staff is
assessing the requirements in the draft permit to determine how they can best be
accomplished. Many of these requirements will need to be incorporated in the City Water
Quality Master Plan currently under development.
FISCAL IMPACT:
Staff has not yet developed a cost to implement the provisions of the NPDES permit.
Many of the requirements will require the expenditure of financial resources that have not
been included in the FY 2001 -02 budget.
RECOMMENDATION:
Receive and file report.
A. Draft NPDES permit
California Regional Water Quality Control Board
Santa Ana Region
3737 Main Street, Suite 500
Riverside, CA 92501 -3348
FACTSHEET
June 1, 2001
ITEM:
SUBJECT: Waste Discharge Requirements for the County of Orange, Orange County
Flood Control District, and the Incorporated Cities of Orange County within
the Santa Ana Region, Urban Storm Water Runoff Management Program,
Orange County, Order No. 01 -20 ( NPDES No. CAS 618030)
I. INTRODUCTION
The 1972 Clean Water Act (CWA) established the National Pollutant Discharge Elimination
System ( NPDES) permit program to regulate the discharge of pollutants from point sources to
waters of the United States (U.S.). Since then, considerable strides have been made in reducing
conventional forms of pollution, such as from sewage treatment plants and industrial facilities,
through the implementation of the NPDES program and other federal, state and local programs.
The adverse effects of some of the persistent toxic pollutants (DDT, PCB, TBT) were addressed
through manufacturing and use restrictions and through cleanup of contaminated sites. On the
other hand, pollution from land runoff (including atmospheric deposition, urban, suburban and
agricultural) was largely unabated until the 1987 CWA amendments. As a result, diffuse sources,
including urban storm water runoff, now contribute a larger portion of many kinds of pollutants
than the more thoroughly regulated sewage treatment plants and industrial facilities. The National
Urban Runoff Program (NURP) final report to the Congress (U.S. EPA, 1983) concluded that the
goals of the CWA could not be achieved without addressing urban runoff discharges. The 1987
CWA amendments established a framework for regulating urban storm water runoff. Pursuant to
these amendments, the Santa Ana Regional Water Quality Control Board (Regional Board) began
regulating municipal storm water runoff in 1990.
The attached pages contain information concerning an application for renewal of Waste Discharge
Requirements and a NPDES pemilt, which prescribe waste discharge requirements for urban storm
water runoff from the cities and unincorporated areas in Orange County within the jurisdiction of
the Santa Ana Regional Board. On September 1, 2000, the County of Orange and the Orange
County Flood Control District (OCFCD), in cooperation with the cities of Anaheim, Brea, Buena
Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine,
Laguna Woods, La Habra, La Palms, Lake Forest, Los Alamitos, Newport Beach, Orange,
Placentia, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda
(hereinafter collectively referred to as pennittces or dischargers), submitted NPDES Application
No. CAS 618030 (Report of Waste Discharge) for reissuance of their areawide storm water NPDES
permit. The permit application was submitted in accordance with the requirements of the previous
NPDES permit (Order No. 96 -31, NPDES No. CAS618030) which expired on March 1, 2001.
Additionally, the permit application follows guidance provided by staff of the State Water
Resources Control Board (State Board), the Regional Water Quality Control Boards (Regional
Boards), and the United States Environmental Protection Agency (U.S. EPA).
On March 5, 2001, Order No. 96 -31, NPDES No. CAS618030, was administratively extended in
accordance with 40 CFR Part 122.6 and Title 23, Division 3, Chapter 9, §2235.4 of the California
Code of Regulations.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 2 of 26
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheri)
Order No. 01 -20 regulates discharges of urban storm water from the lower Santa Ana watershed to
waters of the U.S., which ultimately drain into the Pacific Ocean.
II REGULATORY BACKGROUND /CLEAN WATER ACT REQUIREMENTS
Urban runoff includes dry and wet weather flows from urbanized areas through a storm water
conveyance system. As water flows over streets, parking lots, construction sites, and industrial,
commercial, residential, and municipal areas, it can intercept pollutants from these areas and
transport them to waters of the US. If appropriate pollution control measures are not implemented,
urban runoff may contain pathogens (bacteria, protozoa, viruses), sediment, trash, fertilizers
(nutrients, mostly nitrogen and phosphorus compounds), oxygen-demanding substances (decaying
matter), pesticides (DDT, Chlordane, Diazinon, Chlorpyrifos), heavy metals (cadmium, chromium,
copper, lead, zinc), and petroleum products (oil & grease, PAHs, petroleum hydrocarbons). If not
properly managed and controlled, urbanization can change the stream hydrology and increase
pollutant loading to receiving waters. As a watershed undergoes urbanization, pervious surface
area decreases, runoff volume and velocity increases, riparian and wetland habitat decreases, the
frequency and severity of flooding increases, and pollutant loading increases. Most of these
impacts are due to human activities that occur during and/or after urbanization. The pollutants and
hydrologic changes can cause declines in aquatic resources, toxicity to marine organisms, and
impact human health and the environment.
However, properly planned high-density development, with sufficient open space, can reduce urban
sprawl and problems associated with sprawl. Urban in -fill development can be an element of smart
growth, creating the opportunity to maintain relatively natural open space elsewhere in the area-
The US EPA recognizes urban runoff as the number one source of estuarine pollution in coastal
communities'. Recent studies' conducted in the Southern California area have reported a definite
link between storm water runoff from urban areas and pollution in nearshom zones. A number of
Orange County beaches were closed during 1999 and 2000 due to microbial contamination. One of
the studies conducted to determine the source of this microbial contamination indicated that urban
runoff may be one of the sources of this contamination. If not properly controlled, urban runoff
could he a significant source of pollutants in waters of the U.S. Table I includes a list of pollutants,
their sources, and some of the adverse environmental consequences mostly resulting from
urbanization.
(This space has been intentionally left blank.)
' US EPA, 1999, 40CFR Parts 9, 122, 123, 124, National Pollutant Discharge Elimination System — Regulations for
Revision of the Water Pollution Control Program Addressing Storm Water Discharges; Final Rule, 64FR 68727.
' Bay, S., ]ones, B. H. and Schiff, K, 1999, Study of the Impact of Stmmwater Discharge on Santa Monica Bay.
Sea Grant Program, University of Southern California; and Haile, R W., et. al., 1996, An Epidemiological Study of
Possible Adverse Health Effects of Swimming in Santa Monica Bay.
Order No. 01 -20 (NPDES No. CAS615030) - writ d
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
Table 13.
Pollutants/Impacts of Urbanization
on Waters of the U.S. (Marine Pollution)
3 of 26
Pollutants
Sources
Effects and Trends
Toxins (e.g.,
Industrial and municipal
Poison and cause disease and reproductive
biocides, PCBs, trace
wastewaters; runoff from farms,
failure; fat - soluble toxins may bioconcentrate,
metals, heavy metals)
forests, urban areas, and landfills;
particularly in birds and mammals, and pose
erosion of contaminated soils and
human health risks. Inputs into U.S. waters
sediments; vessels; atmospheric
have declined, but remaining inputs and
deposition
contaminated sediments in urban and industrial
areas pose threats to living resources.
Pesticides (e.g.,
Urban nrroff, agricultural runoff,
Legacy pesticide (DDT, Chlordane,
DDT, diazinon,
commercial, industrial,
Dieldrin,..) use has been banned; still persists
chlorpynf rs)
residential, and farm use
in the environment; some of the other pesticide
uses are curtailed or restricted.
Biostimulants
Sewage and industrial wastes;
Organic wastes overload bottom habitats and
(organic wastes, plant
runoff from famrs and urban
deplete oxygen; nutrient inputs stimulate algal
nutrients)
areas; nitrogen from combustion
blooms (some harmful), which reduce water
of fossil fuels
clarity, cause loss of seagmss and coral reef,
and alter food chains supporting fisheries.
While organic waste loadings have decreased,
nutrient loadings have increased (NRC, 1993x,
2000a).
Petroleum products
Urban runoff and atmospheric
Petroleum hydrocarbons can affect bottom
(oil, grease,
deposition from land activities;
organisms and larvae; spills affect birds,
petroleum
shipping and tanker operations;
mammals and nearshore marine life. While oil
hydrocarbons, PAHs)
accidental spills; coastal and
pollution from ships, accidental spills, and
offshore oil and gas production
production activities has decreased, diffuse
activities; natural seepage; PAHs
inputs from land -based activities have not
from internal combustion engines
(NRC, 1985).
Radioactive isotopes
Atmospheric fallout, industrial
Few known effects on marine life;
and military activities
bioaccumulation may pose human health risks
where contamination is heavy.
Sediments
Erosion from fronting,
Reduce water clarity and change bottom
construction activities, forestry,
habitats; carry toxins and nutrients; clog fish
mining, development; river
gills and interfere with respiration in aquatic
diversions; coastal dredging and
fauna. Sediment delivery by many rivers has
mining
decreased, but sedimentation poses problems
in some areas; erosion from coastal
development and sea -level rise is a future
concern.
Plastics and other
Ships, fishing nets, containers,
Entangles marine life or is ingested; degrades
debris
trash, urban runoff
beaches, wetlands and nearshore habitats.
Floatables (from trash) are an aesthetic
nuisance and can be a substrate for algae and
insect vectors.
'Adapted from "Marine Pollution in the United States" prepared for the Pew Oceans
Commission, 2001.
Order No. 01 -20 (NPDES No. CAS618030) - mat'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
4 of 26
Thermal
Cooling water firm power plants
Kills some temperature - sensitive species;
and industry, urban runoff from
displaces others. Generally, less a risk to
impervious
marine life than thought 20 years ago.
Noise
Vessel propulsion, sonar, seismic
May disturb marine mammals and other
prospecting, low- frequency sound
organisms that use sound for communication.
used in defense and research
Pathogens (bacteria,
Sewage, urban runoff, livestock,
Pose health risks to swimmers and consumers
protozoa, viruses)
wildlife, discharges from boats
of seafood. Sanitation has improved, but
and cruise ships
standards have been raised (NRC 1999a).
Alien species
Ships and ballast water, fishery
Displace native species, introduce new
stocking, aquarists
diseases; growing worldwide problem (NRC
1996).
(This space has been intentionally left blank)
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 5 of 26
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fart Sheet)
The Clean Water Act (CWA) prohibits the discharge of any pollutant to navigable waters from a
point source unless an NPDES permit authorizes the discharge. Efforts to improve water quality
under the NPDES program traditionally and primarily focused on reducing pollutants in discharges
of industrial process wastewater and municipal sewage. The 1987 amendments to the CWA
required municipal separate storm sewer systems (MS4s) and industrial facilities, including
construction sites, to obtain NPDES permits for storm water nmoff from their facilities. On
November 16, 1990, the United States Environmental Protection Agency (EPA) promulgated the
final Phase I storm water regulations. The storm water regulations are contained in 40 CFR Parts
122, 123 and 124.
The areawide NPDES permit for Orange County areas within the Santa Ana Regional Board's
jurisdiction is being considered for renewal in accordance with Section 402 (p) of the CWA and all
requirements applicable to an NPDES permit issued under the issuing authority's discretionary
authority. The requirements included in this order are consistent with the CWA, the federal
regulations governing urban storm water discharges, the Water Quality Control Plan for the Santa
Ana River Basin (Basin Plan), the California Water Code, and the State Board's Plans and Policies.
The Basin Plan is the basis for the Regional Board's regulatory programs. The Plan was
developed and is periodically reviewed and updated in accordance with relevant federal and state
law and regulation, including the Clean Water Act and the California Water Code. As required,
the Basin Plan designates the beneficial uses of the waters of the Region and specifies water
quality objectives intended to protect those uses. (Beneficial uses and water quality objectives,
together with an antidegradation policy, comprise federal "water quality standards "). The Basin
Plan also specifies an implementation plan, which includes certain discharge prohibitions. In
general, the Basin Plan makes no distinctions between wet and dry weather conditions in
designating beneficial uses and setting water quality objectives, i.e., the beneficial uses, and
correspondingly, the water quality objectives are assumed to apply year -round. (Note: In some
cases, beneficial uses for certain surface waters are designated as "I ", or intermittent, in
recognition of the fact that surface flows (and beneficial uses) may be present only during wet
weather.) Most beneficial uses and water quality objectives were established in the 1971, 1975
and 1983 Basin Plans.
Water Code Section 13241 requires that certain factors be considered, at a minimum, when water
quality objectives are established. These include economics and the need for developing housing
in the Region. (The latter factor was added to the Water Code in 1987). It is not clear whether
and to what extent the Regional Board considered these factors in establishing the water quality
objectives in the Basin Plan as they would be applied to the regulation of storm water discharges.
Nor is it clear that the technical feasibility of achieving compliance with these objectives during
wet weather was carefully considered.
During this permit development process, the permittces raised an issue regarding compliance with
Section 13241 of the California Water Code with respect to water quality objectives for wet
weather conditions, specifically the cost of achieving compliance during wet weather conditions
and the need for developing housing within the Region and its impact on urban storm wafer runoff.
Staff believes that the water quality objectives can be met during wet weather conditions if
appropriate control measures are implemented. During the next review of the Basin Plan, staff will
recommend that this matter be incorporated on the triennial review list. In the meantime, the
provisions of this order will result in reasonable further progress towards the attainment of the
existing water quality objectives, in accordance with the discretion in the permitting authority
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 6 of 26
The County of Orange, OCFCD, and Incorporated Cities
Areswide Urban Storm Water Runoff (Fact Sheet)
recognized by the United States Court of Appeals for the Ninth Circuit in Defenders of Wildlife v
Browner, 191 F.3d 1159, 1164 (91h Cir. 1999).
III. BENEFICIAL USES
Stone water flows that are discharged to municipal storm drain systems in Orange County are
tributary to various water bodies (inland surface streams, bays and tidal prisms, ocean waters, and
lakes and reservoirs) of the state. The beneficial uses of these water bodies include municipal and
domestic supply, agricultural supply, industrial service and process supply, groundwater recharge,
navigation, hydropower generation, water contact recreation, non - contact water recreation,
commercial and sportfishing, warm freshwater habitat, cold freshwater habitat, preservation of
biological habitats of special significance, wildlife habitat, preservation of rare, threatened or
endangered species, marine habitat, shellfish harvesting, spawning, reproduction and development
of aquatic habitats, and estuarine habitat. The ultimate goal of this storm water management
program is to protect the beneficial uses of the receiving waters.
IV. PERMITTED AREA
The permitted area is delineated by the Los Angeles County-Orange County boundary line on the
northwest, the San Berardino- Orange County boundary line on the north and northeast, the
Riverside County- Orange County boundary line on the east, the Santa Ana Regional Board -San
Diego Regional Board boundary line on the southeast, and the Pacific Ocean on the southwest (see
Attachment A of the order). The pemuttees serve a population of approximately 2.8 million,
occupying an area of approximately 511 square miles (including unincorporated areas and the
limits of 33 cities, 25 of which are within the Santa Ana Regional Board's jurisdiction). The
permium have jurisdiction over and/or maintenance responsibility for storm water conveyance
systems within Orange County. The County's systems include an estimated 400 miles of storm
drain systems. A major portion of the urbanized areas of Orange County drains into water bodies
within this Regional Board's jurisdiction. Storm water discharges from urbanized areas consist
mainly of surface nmoff from residential, commercial, and industrial developments. In addition,
there are storm water discharges from agricultural land uses, including farming and animal
operations. However, the CWA specifically excludes agricultural discharges from regulation under
this program. Other areas of the County not addressed or which are excluded by the storm water
regulations and areas not under the jurisdiction of the permittees are excluded from the area
requested for coverage under this permit. This includes the following areas and activities:
• Federal lands and state properties, including, but not limited to, military bases,
national forests, hospitals, schools, colleges, universities, and highways;
• Native American tribal lands; and
Utilities and special district properties.
Discharges from the permitted area drain into the Pacific Ocean. The watershed regulated under
this order is generally referred to as the Lower Santa Ana River Basin.
V. WATERSHED MANAGEMENT/LOWER SANTA ANA RIVER BASIN
To manage the water resources of the Region efficiently, it is critical to have a holistic approach.
The entire storm drain system in Orange County is not controlled by a single entity; the County of
Orange, the OCFCD, several cities, Caltrans, U.S. Army Corps of Engineers and a number of other
entities own, operate and/or manage the storm drain systems. In addition to the cities, the County
Order No. 01-20 (NPDES No. CAS618030) - coned 7 of 26
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
and the OCFCD, there are a number of other significant contributors of storm water runoff to these
storm drain systems. These include: large institutions such as the State University facilities,
schools, hospitals, etc.; federal facilities such as Department of Defense facilities; State agencies
such as Caltrans; water and wastewater management agencies such as Orange County Water
District, Metropolitan Water District etc.; the National Forest Service; state parks; and
entertainment centers such as Disneyland. The quality and quantity of storm water runoff into and
out of Orange County also depends upon runoff from San Bernardino and Riverside County areas
that are tributary to Orange County. Some of the runoff from Orange County enters systems
controlled by other entities, such as the Los Angeles County Flood Control District, which is under
the Los Angeles Regional Board's jurisdiction.
Some of these facilities, such as U.S. Marine Corps, Tustin and El Toro Air Stations, Disneyland
and Caltrans, are already under individual permits for storm water runoff. The Los Angeles and
San Diego Regional Boards have also issued areawide storm water permits for areas within their
jurisdiction.
Cooperation and coordination among all the stakeholders are essential for efficient and economical
management of the watershed. It is also critical to manage nonpoint sources at a level consistent
with the management of urban storm water runoff in a watershed in order to prevent or remedy
water quality impairment. Regional Board staff will facilitate coordination of monitoring and
management programs among the various stakeholders, where necessary.
An integrated watershed management approach is consistent with the Strategic Plan and Initiatives
(June 22, 1995) for the State and Regional Boards. A watershed wide approach is also necessary
for implementation of the load and waste load allocations developed under the TMDL process (see
Section B, below). The MS4 permittees and all the affected entities should be encouraged to
participate in regional or watershed solutions instead of project- specific and fragmented solutions.
The pollutants in urban runoff originate from a multitude of sources and effective control of these
pollutants requires a cooperative effort of all the stakeholders and many regulatory agencies. Every
stage of urbanization should be considered in developing appropriate urban runoff pollution control
methodologies. The program's success depends upon consideration of pollution control techniques
during planning, construction and post- construction operations. At each stage, appropriate
pollution prevention measures, source control measures, and, if necessary, treatment techniques
should be considered
1. SUB - WATERSHEDS AND MAJOR CHALLENGES
The Lower Santa Ana River Watershed can be subdivided into five tributary watersheds
a. The San Gabriel River Drainage Area: Carbon Canyon Creek and Coyote
Creek drain into the San Gabriel River. Only a portion of the San Gabriel River
is within the Santa Ana Regional Board's jurisdiction. The River empties into
the Pacific Ocean at the boundary between two Regional Boards (Regions 4 and
8). Region 4 regulates most of the discharges to the San Gabriel River.
The Los Angeles Regional Board (Region 4) listed the San Gabriel River as an
impaired waterbody on the CWA Section 303(d) fist of impaired waters. It is
listed for ammonia, toxicity, algae, eutrophication, pH, odors, low dissolved
oxygen, trash, lead, arsenic, copper, silver, mercury (tissue), coliform, DDT,
PCBs, chlordane, and abnormal fish histology. A trash TMDL for the East Fork
of the River was adopted by the Regional Board (Region 4) and approved by the
Order No. 01-20 (NPDES No. CAS616030) - coned
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
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US EPA. A nutrient TMDL is scheduled for adoption in November 2002, a
coliform TMDL for May 2003, and a metals TMDL for June 2005.
b. The Huntington Harbour and Bolsa Bay Drainare Area: This includes
Anaheim Bay, Huntington Habour, Bolas Bay, and Bolas Chica Ecological
Reserve. A number of flood control channels discharge into this area, including
Anaheim - Barber, East Garden Grove- Wintersberg, and Bolas Chico Channel.
The area historically had a number of oil production facilities and an oil -well
drilling mud disposal area There are still some production wells in the area-
Certain areas of the Bolsa Chica wetlands have been impacted by the oil
production and related activities in the area. The drilling mud disposal area has
been cleaned up and there is a collaborative effort of a number of state, federal,
and local agencies and other entities to restore the Bolas. Chita wetlands.
Anheim Bay and Huntington Harbour are listed as impaired waterbodies (see
Section VIII) and TMDLs will be developed to address the pollutants causing
the impairment.
c. The Santa Ana River Drainare Area: This includes Santa Ana River Reaches 1
and 2; Santiago Creek Reaches 1, 2, 3, and 4; Silverado Creek; Black Star
Creek, Talbert Channel, Talbert Marsh, Greenville- Banning Channel. The
major problem for the area is microbial contamination of the coastal zone. The
initial studies conducted by the Orange County Sanitation District detem fined
that their facilities were probably not the cause of the microbial problems in the
nearshore zone. Subsequently, the Executive Officer issued a directive to the
County of Orange and the cities of Santa Ana, Costa Mesa, Fountain Valley and
Huntington Beach (urban storm water dischargers to this tributary area) under
Section 13267 of the Water Code. This directive required the dischargers to
provide a plan to identify, characterize and control sources that contributed to
the microbial problems in the Huntington Beach area The first phase of this
study is complete and the second phase is underway. The first phase of the
study indicated that urban runoff, including dry weather flows, may be a
contributor to this microbial problem. Some of the dry weather flows from the
flood control channels are now being diverted to the sanitary sewer. However,
other sources are suspected and the second phase of the study is intended to
further investigate these sources.
The Executive Officer issued a Cleanup and Abatement Order to the City of
Huntington Beach requiring the City to investigate any leaking sanitary sewers
in the area and to determine if exfiltration from these sources to storm sewer
systems or to ocean waters through other channels was causing or contributing
to the microbial problems at Huntington State and City beaches. This
investigation is also currently under way.
The Orange County Sanitation District is investigating the impact of its ocean
discharge (treated sanitary wastewater) on nearshore microbial problems at
Huntington Beach.
It is expected that a combination of requirements included in this order and the
programs discussed above will address the urban runoff pollution problems in
this sub - watershed.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
9 of 26
d. The Newport Bay Drainage Area: Tributaries include Bonita Creek, Serrano
Creek, Peters Canyon Wash, Hicks Canyon Wash, Bee Canyon Wash, Borrego
Canyon Wash, Agua Chinon Wash, Laguna Canyon Wash, Rattlesnake Canyon
Wash, Sand Canyon Wash, San Diego Creek Reaches 1 and 2, San Joaquin
Freshwater Marsh.
The Newport Bay watershed has a number of impaired waterbodies listed under
Section 303(d) of the CWA (see Section 2, below for details). The impairments
are mostly due to nutrients, sediment, pesticides, pathogens, and metals. To
date, TMDLs have been developed for nutrients, sediment, and fecal coliform
bacteria. These TMDLs are being implemented. Recent monitoring data
indicate that the target goals for nutrients for the year 2007 are now being met.
Other TMDLs for the Newport Bay watershed are being developed by the
Regional Board (for diazinon, chlorpyrifos, and selenium) and U.S. EPA (for
legacy pesticides and other metals).
The Irvine Ranch Water District (IRWD), which provides sewage collection and
treatment services for most areas in this watershed, has been also accepting dry
weather flows from some of the storm sewer systems. Recently, IRWD
proposed to construct a number of water quality treatment wetlands for treating
urban storm water runoff. These treatment wetlands would be strategically
located to capture and treat flows from different portions of the watershed. The
IRWD is also exploring the possibility of sponsoring legislation that would
authorize the District to collect storm water fees. These treatment wetlands are
expected to remove sediment and nutrients from urban runoff but may be less
efficient in removing pathogens and toxics (metals, pesticides, etc.). It is
anticipated that a combination of other best management practices and these
treatment wetlands will help to control the discharge of pollutants in urban
runoff.
e. Gyine Coast and Newport Coast Areas of Special Biological Significance
ASBSs The Ocean Plan has 35 designated areas of special biological
significance throughout the State; two of these ASBSs are within the Santa Ana
Regional Board's jurisdiction. The ASBSs require protection of species or
biological communities to the extent that alteration of natural water quality is
undesirable. The Crystal Cove area, which is within the Irvine Coast ASBS, is
currently experiencing increased urban runoff from new developments in the
area. The Ocean Plan contains a prohibition on discharges of wastes to ASBS.
Regional Board staff identified a number of discharges potentially violating or
threatening to violate this Ocean Plan discharge prohibition in the Crystal Cove
area. These dischargers included The Irvine Company, California Department
of Transportation, and the California Department of Parks and Recreation. On
November 16, 2000, the Regional Board adopted Cease and Desist Order No.
00 -87 requiring these dischargers to cease and desist from any violations of the
waste discharge prohibition. All future waste discharges to the ASBS governed
by the prohibition in the Ocean Plan are prohibited and a time schedule is
provided in the Cease and Desist order to eliminate the existing waste
discharges.
Order No. 01 -20 (NPDES No. CAS618030) -coned
The County of Orange, OCFCD, and Incorporated Cides
Areawide Urban Storm Water Rumff (Fad Sheet)
2. CWA SECTION 303(d) LIST AND TMDLs:
10 of 26
The 1998 water quality assessment conducted by the Regional Board identified a number of
waterbodies within the Region under Section 303(d) of the CWA as impaired waterbodies.
These are waterbodies where the designated beneficial uses are not met and/or the water
quality objectives are being violated. These waterbodies were placed on the CWA Section
3030(d) list of impaired waters. The impaired waterbodies in Orange County within the
Santa Ana Regional Board's jurisdiction are listed in Table 2.
Federal regulations require that a total maximum daily load (TMDL) be established for each
303(d) listed waterbody for each of the pollutants causing impairment. The TMDL is the
total amount of the problem pollutant that can be discharged while water quality standards
in the receiving water are attained, i.e., water quality objectives are met and the beneficial
uses are protected. It is the sum of the individual wasteload allocations (VILA) for point
source inputs, load allocations (LA) for non -point source inputs and natural background,
with a margin of safety. The TMDLs are the basis for limitations established in waste
discharge requirements. TMDLs have been developed for sediment and nutrients for San
Diego Creek and Newport Bay and for fecal coliforin bacteria in Newport Bay. The
stakeholders in this watershed are collaborating in the development and implementation of
the TMDLs. The Regional Board's Executive Officer has issued requirements for the
submittal and implementation by the responsible parties of plans and schedules to address
the TM )L requirements. To avoid any duplicative efforts, this pemdt does not include any
further implementation requirements based on TMDLs. However, this permit may be
reopened to include TMDL implementation, if other implementation methodologies are not
effective.
Table 2.
Clean Water Art Section 303(d) Listed Waterbodies
Water
Hydro
Polnutant
Source
Priority
Size
Unit
TMDL
Body
Unit
Stressor
Affected
End
Date
Anaheim
801.110
Metals
Urban Runoff/Storm
Medium
180
Acres
0111
Bay
sewers,
Unknown Nonpoint
Source
Pesticides
Unknown Nonpoint
Medium
I80
Acres
0111
Source
Huntington
801.110
Metals
Urban Runoff/Storm
Medium
150
Acres
0111
Harbour
Sewers, Boatyards
Pathogens
Urban Runoff/ Storm
Medium
150
Acres
0111
Sewers
Pesticides
Unknown Nonpoint
Medium
150
Acres
0111
Source
Newport
801.110
Metals
Urban Runoff/Storm
High
700
Acres
0107
Bay, Lower
Sewers, Contaminated
Sediments, Boatyards
Nutrients
Agriculture, Urban
High
700
Acres
0198
Runoff/Storm Sewers
Pathogens
Urban Runoff/Storm
High
700
Acres
0100
Sewers
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
11 of 26
Pesticides
Agriculture, Contaminated
High
700
Acres
0102
Sediments
Priority
Contaminated Sediments,
High
700
Acres
0102
Organics
Unknown Nonpoint
Source
Upper
801.110
Metals
Urban Runoff/Stomr
High
752
Acres
0102
Newport
Sewers
Bay
Nutrients
Agriculture, Urban
High
752
Acres
0198
Ecological
Runoff/Storm Sewers,
Reserve
Groundwater Loadings
Pathogens
Urban Runoff/Storm
High
752
Acres
0I00
Sewers
Pesticides
Agriculture, Unlmown
High
752
Acres
0102
Nonpoint Source
Sedimentation
Agriculture,
High
752
Acres
0198
/Siltation
Construction/Land
Development,
Channel Erosion,
Erosion/Siltation
San Diego
801.110
Metals
Unlmown Nonpoint
High
6
Miles
0102
Creek,
Source
Reach I
Nutrients
Agriculture, Urban
High
6
Miles
0198
Runoff/Storm Sewer,
Groundwater Loadings
Pesticides
Unknown Nonpoint
High
6
Miles
0102
Source
Sedimentation
Agriculture,
High
6
Miles
0198
/Siltation
Construction/Land
Development,
Channel Erosion,
Erosion/Siltation
San Diego
801.110
Metals
Urban Runoff/Stomr
High
6
Miles
0102
Creek
Sewer
Reach 2
Nutrients
Agriculture,
High
6
Miles
0198
Urban Runoff/Storm
Sewer,
Groundwater Loadings
Sedimentation
Agriculture,
High
6
Miles
0198
"
/Siltation
Construction/Land
Development,
Channel Erosion,
Erosion/Siltation
Unknown
Unknown Nonpoint
High
6
Miles
OIO2
Toxicity
Source
Santiago
801.120
Salinity/l'DS/
Source Unknown
Low
2
Miles
0111
Creek R4
Chlorides
Silvemdo
801.120
Pathogens
Unknown Nonpoint
Low
2
Miles
0111
Creek
Source
Salinity/TDS/
Unknown Nonpoint
Low
2
Miles
011l
Chlorides
Source
Order No. 0I -20 (NPDES No. CAS616030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fad Sheet)
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VI FIRST AND SECOND TERM PERMITS; STORM WATER POLLUTION
CONTROL PROGRAMS/POLICIES
Prior to EPA's promulgation of the final stone water regulations, the counties of Orange, Riverside
and San Bernardino applied for areawide NPDES permits for storm water runoff. On July 13,
1990, the Regional Board issued Order No. 90 -71 to the pemtittees (first tern pennit). In 1996, the
Board adopted Order No. 96 -31 (second term permit). First and second tern permits included the
following requirements as outlined in the storm water regulations:
1. Prohibited non -storm water discharges to the MS4s, with certain exceptions.
2. Required the municipalities to develop and implement a drainage area management plan
(DAMP) to reduce pollutants in urban storm water runoff to the maximum extent
practicable (MEP`).
3. Required the discharges from the MS4s to meet water quality standards in receiving waters.
4. Required the municipalities to identify and eliminate illicit connections and illegal
discharges to the MS4s.
5. Required the municipalities to establish legal authority to enforce storm water regulations.
6. Required monitoring of dry weather flows, storm flows, and receiving water quality, and
required program assessment.
The following programs and policies have been implemented or are being implemented by the
permittees. During the first term permit, the permittees developed a Drainage Area Management
Plan (1993 DAMP) which was approved by the Executive Officer of the Regional Board on April
29, 1994. The 1993 DAMP included a number of best management practices (BMWs) and a very
extensive public education program. The monitoring program for the first term permit included 89
monitoring stations within streams and flood control channels and 21 stations within the bays,
estuaries and the ocean. The findings and conclusions from these monitoring stations and
monitoring programs of other municipal pemtittces (Riverside and San Bernardino Counties and
others) have been used to identify problem areas and to re-evaluate the monitoring program and the
effectiveness of the BMWs. The future direction of some of these program elements will depend
upon the results of the ongoing studies and a holistic approach to watershed management.
Other elements of the storm water management program included identification and elimination of
illegal/illicit discharges and establishment of adequate legal authority to control pollutants in stoma
water discharges. The pemittees have completed a survey of their storm drain systems to identify
illegal/illicit connections and have adopted appropriate ordinances to establish legal authority.
Some of the more specific achievements during the first and second term permits are as follows:
1. Interaeencv Agreements and Coordination: Established a program management structure
through an Interagency Implementation Agreement. Participated in regional monitoring
programs and focused special studies/research programs. Worked with the County
Sanitation Districts, Health Care Agency, Integrated Waste Management Agency, and the
Water Districts to provide a consistent Cuban storm water pollution control message to the
public. Worked with Caltmns, other transportation agencies, the Stoma Water Quality
a Maximum Extent Predicable (MEP) means to the maximum extent possible, taking into account equitable considerations of
synergistic, additive, and competing factors, including but not limited to, gravity of the problem, fiscal feasibility, public
health risks, societal concerns, and social benefits.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
13 of 26
Task -Force, and others to further study and understand urban runoff problems and control
measures.
2. Ordinances Plans and Policies: Adopted a Model Water Quality Ordinance and
Enforcement Consistency Guide; prepared a Water Pollution Enforcement Implementation
Plan, Public Agency Activity BMP guideline, a Public Pesticide and Fertilizer Use
guideline, Criteria for MS4 Inspections, and a Water Quality Monitoring Plan; and
established a Technical Advisory Committee for overall program development and
implementation.
3. Program Review: A number of existing programs were reviewed to determine their
effectiveness in combating urban pollution and to recommend alternatives and or
improvements, including litter control measures, street sweeping fiequencies and methods,
public agency activities and facilities, illegal and illicit connections to the MS4 systems, and
existing monitoring programs.
4. Public Education: A number of steps were taken to educate the public, businesses,
industries, and commercial establishments regarding their role in urban runoff pollution
controls. The appropriate industrial dischargers were notified of the stone water regulatory
requirements. For a number of unregulated activities, BMP guidance was developed
(mobile detailing, automotive service centers, restaurants, pool maintenance). Finally, a
countywide hotline was established for reporting any suspected water quality problems.
5. Public Agency Training: Training was provided to public agency employees on how to
implement New Development Guidelines and Public Works BMPs, how to conduct
investigations of reported water quality problems and how to conduct inspections of
industrial facilities and public work projects. The municipal planners were trained to
recognize water quality related problems in proposed developments.
6. Related Activities: Flood control channels were stabilized, sediment basins were
constructed, and debris booms were installed; illegal connections were eliminated and
illicit connections to the MS4s were documented and/or permitted.
VII FIRST AND SECOND TERM PERMITS - WATER QUALITY IMPROVEMENTS
An accurate and quantifiable measurement of the impact of the above stated stoma water
management programs is difficult for a variety of reasons such as the variability in chemical water
quality data, the incremental nature of BMP implementation, lack of baseline monitoring data, and
the existence of some of the programs and policies prior to initiation of formal stoma water
management programs. There are generally two accepted methodologies for assessing water
quality improvements: (1) conventional monitoring such as chemical- specific water quality
monitoring; and (2) non - conventional monitoring such as monitoring of the amount of household
hazardous waste collected and disposed off at appropriate disposal sites, amount of used oil
collected, debris removed by the debris boom, etc.
The water quality monitoring data collected during the first and second term permits did not
indicate any discernible trends or significant changes. However, the non - conventional monitoring
data indicate that other programs and policies have been very effective in keeping a significant
quantity of wastes from being discharged into waters of the U.S.
During the second term permit, there was an increased focus on watershed management initiatives
and coordination among the municipal permittees in Orange, Riverside and San Bernardino
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 14 of 26
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheen
Counties. These efforts resulted in a number of regional monitoring programs and other
coordinated program and policy developments.
It is anticipated that with continued implementation of the revised DAMP and other requirements
specified in this order, the goals and objectives of the storm water regulations will be met, including
protection of the beneficial uses of all receiving waters.
VIII. FUTURE DIRECTION/2000 DAMP
The NPDES permit renewal application included an updated DAMP (2000 DAMP) that includes
programs and policies the permittees are proposing to implement during the third term permit. The
2000 DAMP is the principal guidance document for urban storm water management programs in
Orange County and includes the following major components:
1. Continues to provide a framework for the program management activities and plan
development.
2. Continues to provide the legal authority to control discharges to the MS4s.
3. hnproves current BMPs to achieve further reduction in pollutant loading to the MS4s.
4. Includes programs and policies to increase public education processes and to seek public
support for urban storm water pollution prevention BMPs.
5. Increases requirements for controls on new developments and significant redevelopments.
6. Continues to ensure that construction sites implement appropriate pollution control
measures.
7. Continues to ensure that industrial sites are in compliance with storm water regulations.
8. Continues to include programs and policies to eliminate illegal discharges and illicit
connections to the MS4s.
9. Continues to include monitoring of urban runoff.
10. Includes provisions for any special focus studies and/or control measures.
A combination of these programs and policies and the requirements specified in this order should
ensure control of pollutants in storm water runoff from facilities owned and/or controlled by the
permittees.
U{- PERMIT REQUIREMENTS
The legislative history of storm water statutes (1987 CWA Amendments), U.S. EPA regulations
(40CFR Parts 122, 123, and 124), and clarifications issued by the State Water Resources Control
Board (State Board Orders No. WQ 91 -03 and WQ 92-04) indicate that a non - traditional NPDES
permitting strategy was anticipated for regulating urban storm water runoff. Due to the economic
and technical infeasibility of fidl -scale end -of -pipe treatments and the complexity of urban storm
water runoff quality and quantity, MS4 permits generally include narrative requirements for the
implementation of BMPs in place of numeric effluent limits.
The requirements included in this order are meant to specify those management practices, control
techniques and system design and engineering methods that will result in maximum extent
practicable protection of the beneficial uses of the receiving waters. The State Board (Orders No.
WQ 98 -01 and WQ 99 -05) concluded that MS4s must meet the technology -based maximum extent
Order No. 01 -20 (NPDES No. CAS619030) - coned 15 of 26
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fad Sheen
practicable (MEP) standard and water quality standards (water quality objectives and beneficial
uses). The U.S. Court of Appeals for the Ninth Circuit subsequently held that strict compliance
with water quality standards in MS4 permits is at the discretion of the local permitting agency.
Any requirements included in the order that are more stringent than the federal storm water
regulations are in accordance with the CWA Section 402(p)(3)(iii), and the California Water Code
Section 13377 and are consistent with the Regional Board's interpretation of the requisite MEP
standard.
The Report of Waste Discharge (ROWD) included a discussion of the current status of Orange
County's urban storm water management program and the proposed programs and policies for the
next five years (third tern permit). The order incorporates these documents and the performance
commitments made in the ROWD.
This order recognizes the significant progress made by the permittees during the first and second
term pemrits in implementing the storm water regulations. The permit also recognizes regional and
innovative solutions to such a complex problem. For these reasons, the order is less prescriptive
compared to some of the MS4 NPDES permits for urban runoff issued by other Regional Boards.
However, it should achieve the same or better water quality benefits because of the programs and
policies already being implemented or proposed for implementation, including regional and
watershed wide solutions.
The major requirements include: (1) Discharge prohibitions; (2) Receiving water limitations; (3)
Prohibition on illicit connections and illegal discharges; (4) Public and business education; (5)
Adequate legal authority; (6) Programs and policies for municipal facilities and activities; (7) New
development/re- development requirements; (8) Waste load allocations for nutrients, sediment, and
fecal coliform bacteria; and (8) Monitoring and reporting requirements.
These programs and policies are intended to improve urban storm water quality and protect the
beneficial uses of receiving waters of the region.
L DISCHARGE PROHIBITIONS
In accordance with CWA Section 402(p)(3)(B)(ii), this order prohibits the discharge of non-
storm water to the MS4s, with a few exceptions. The specified exceptions are consistent
with 40 CFR 122.26(d)(2)(iv)(B)(1). If the pemtittees or the Executive Officer determines
that any of the exempted non -storm water discharges contain pollutants, a separate NPDES
permit or coverage under the Regional Board's de Minimus permit will be required.
2. RECEIVING WATER LIMITATIONS
Receiving water limitations are included to ensure that discharges from MS4 systems do not
cause or contribute to violations of applicable water quality standards in receiving waters.
The compliance strategy for receiving water limitations is consistent with the U.S. EPA and
State Board guidance and recognizes the complexity of storm water management.
This order requires the perminces to meet water quality standards in receiving waters in
accordance with US EPA requirements as specified in State Board Order No. WQ 99 -05. If
water quality standards are not met by implementation of current BMPs, the permittees are
required to re- evaluate the programs and policies and to propose additional BMPs.
Compliance determination will be based on this iterative BMP implementation/compliance
evaluation process.
Order No. 01 -20 (NPDES No. CAS618030) - coned 16 of 26
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Short)
3. ILLEGAL DISCHARGES AND ILLICIT CONNECTIONS TO MS4s
The permittees have completed their survey of the MS4 systems and eliminated or
permitted all identified illicit connections. The permittees have also established a program
to address illegal discharges and a mechanism to respond to spills and leaks and other
incidents of discharges to the MS4s. The permittees are required to continue these
programs to ensure that the discharges from MS4s do not become a source of pollutants in
receiving waters.
4. PUBLIC AND BUSINESS EDUCATION OUTREACH PROGRAM
Public outreach is an important element of the overall urban pollution prevention program.
The permittees have committed to implement a strategic and comprehensive public
education program to maintain the integrity of the receiving waters and their ability to
sustain beneficial uses. The principal pemuttee has taken the lead role in the outreach
program and has targeted various groups including businesses, industry, development,
utilities, environmental groups, institutions, homeowners, school children, and the general
public. The permittees have developed a number of educational materials, have established
a storm water pollution prevention hotline, started an advertising and educational campaign,
and distribute public education materials at a number of public events. The permittees are
required to continue these efforts and to expand public participation and education
programs.
5. LEGAL AUTHORITY
During the first two permit cycles, each pemuttee adopted a number of ordinances,
municipal codes, and other regulations to establish legal authority to control discharges to
the MS4s and to enforce these regulations as specified in 40 CFR 122.26(dx2)(I)(B, C, E,
and F). The permittees are required to enforce these ordinances and to take enforcement
actions against violators (40 CFR 122.26(d)(2)(iv)(A -D)). The enforcement activities
undertaken by a majority of the permittees have consisted primarily of Notices of Violation,
which act to educate the public on the environmental consequences of illegal discharges. In
the case of the County, additional action has sometimes included recovery of investigation
and clean-up costs from a responsible party. In the event of egregious or repeated
violations, the option exists for a referral to the County District Attorney for possible
prosecution. In order to eliminate unauthorized, non -storm water discharges, reduce the
amount of pollutants commingling with storm water runoff and thereby protect water
quality, an additional level of enforcement is required between Notices of Violation and
District Attorney referrals. Therefore, by July 1, 2003, the permittees are required to
establish the authority and resources to administer either civil or criminal fines and/or
penalties for violations of their local water quality ordinances (and the Federal Clean Water
Act). The progress in establishing this program must be fully documented in the annual
reports submitted by the permittees and the number, nature and amount of fines and/or
penalties levied must be reported, beginning with the 2003 /2004 annual report.
6. PUBLIC FACILITIES AND ACTIVITIES
Education of municipal planning, inspection, and maintenance staff is critical to ensure that
municipal facilities and activities do not cause or contribute to an exceedance of receiving
water quality standards. The second term permit required the pemrittees to prepare an
Environmental Performance Report to address public agency facilities and activities that are
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
17 of 26
not regulated under the State's General Industrial Activities Storm Water Permit. It also
required the permittees to report on an annual basis the actions taken to eliminate the
discharge of pollutants from public agency activities and facilities. The permittees are
required to inspect and maintain drainage facilities free of waste materials to control
pollutants in storm water runoff flowing through these systems. This order requires the
permittees to re- evaluate their facilities and activities on an annual basis to see if additional
BMPs are needed to ensure water quality protection.
7. NEW DEVELOPMENTS
During the second term permit, the permittees developed new development guidelines. The
permittees are required to implement these guidelines. Additionally, this order requires the
permittees to work towards the goal of restoring and preserving the natural hydrologic
cycles in approving urban developments. To accomplish this goal, the permittees have the
option of using a number of methodologies. The permittees/project proponents may
propose BMPs based on a watershed approach, establish a storm water pollution prevention
fund for such BMPs, or any other innovative and prove[ alternatives to address storm water
pollution. If a set of measures, acceptable to the Executive Officer, is not developed and
approved by July 1, 2003, the perinittces are required to use the numeric sizing criteria
specified in this order. The numeric criteria are identical to the ones used by the San Diego
Regional Board in its MS4 permit for permittees within the San Diego County area (Order
No. 2001 -01).
8. SANITARY SEWER LINE LEAKS, SEWAGE SPILLS AND SEPTIC SYSTEM
FAILURES
A number of beach closures in Orange County have been due to spills, overflows, and leaks
from sanitary sewer lines. Failing septic systems and improper use of portable toilets have
also been linked to microbial contamination of urban ronoff. The permittees are required to
determine if exfiltration from leaking sanitary sewer lines, sewage spills from blocked
sewer lines and failing septic systems are causing or contributing to urban storm water
pollution problems in their jurisdictions. In certain areas, the permittees may not have any
control over sanitary sewer systems. In such cases, the permittees are required to work with
the sanitation district for the area to develop acceptable solutions to these problems. All
sanitary sewer lines equal to or greater than 24 inches are required to be inspected or tested
at least once during this permit cycle. If "filtration is detected, the permittees are required
to develop and implement a plan, acceptable to the Executive Officer, to address the
problem within three years of detection. In the case of multiple blockages of a sewer line or
multiple failures of a lift station, the permittees are required to develop and implement a
plan, acceptable to the Executive Officer, to address the problem within one year.
9. MONITORING REQUIREMENTS
During the first term permit and part of the second term permit, the permittees conducted
extensive monitoring of the storm water flows, receiving water quality and sediment
quality. These early programs focused on identifying pollutants, estimating pollutant
loads, tracking compliance with water quality objectives, and identifying sources of
pollutants. The Orange County monitoring program, like other monitoring programs
nationwide, has established that there is a high degree of uncertainty in the quality of storm
water runoff and that there are significant variations in the quality of urban runoff spatially
and temporally. However, most of the monitoring programs to date have indicated that
Order No. 0I -20 (NPDES No. CAS618030) - cout'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fad Sheet)
18 of 26
there a number of pollutants in urban storm water runoff. Only in a few cases has a definite
link between pollutants in urban runoff and beneficial use impairment been established.
In 1999, the pemdttees re- evaluated their monitoring program and proposed a revised
monitoring program. The goals of the 1999 Water Quality Monitoring Program are:
a To determine the role of urban nmoff in beneficial use impairment;
b. To collect technical information to develop an effective urban storm water
management plan; and
c. To determine the effectiveness of a number of BMPs, also as an aid to the
overall urban storm water management plan.
To accomplish these goals, the monitoring program focuses on three areas:
d. Areas where constituent concentrations are substantially above system -wide
averages. These areas are referred to as "warm spots" and the designation is
based on monitoring data from prior years.
e. Areas of Critical Aquatic Resources (sites with important aquatic resources).
f. Sub - watersheds where certain BMPs have been installed to study their
effectiveness.
To accomplish these goals, it is anticipated that at least five years worth of monitoring data
will be required (1999 - 2004).
In addition, the monitoring program will continue the Reconnaissance and Source
Identification component that targets areas that are known to exhibit unusually high levels
of storm water pollutants.
The permittees also participate in a number of other regional monitoring programs such as
those conducted by the Southern California Coastal Water Research Project and the
California Regional Marine Monitoring Program.
The pemuttees are encouraged to continue their participation in regional and watershed -
wide monitoring programs. By June 15, 2003, the penmittees are required to re-evaluate
their Water Quality Monitoring Program and submit a revised plan for approval.
X. WATER QUALITY BENEFITS /COST ANALYSISNISCAL ANALYSIS
There are direct and indirect benefits from clean beaches, clean water, and a clean environment. It
is difficult to assign a dollar value to the benefits the public derives from fishable and swimmable
waters. In 1972, at the start of the NPDES program, only 1/3 of the U.S. waters was swimmable
and fishable. In 2001, 2/3 of the U.S. waters meets these criteria In the 1995, Money magazine
survey of the "Best Places to Live ", clean water and air ranked as the most important factors in
choosing a place to live. Thus, environmental quality has a definite link to property values. Clean
beaches and other water recreational facilities also attract tourists. It is estimated that on average,
an out-of-state visitor spends approximately $100.00 per day. Huntington Beach's 8.5 -mile
shoreline attracts 10 million visitors a year`. During the summer of 1999 and 2000 when the
beaches were closed to water contact recreation, the beach communities reported multi-million -
dollar losses in tourist revenues.
'Los Angeles Times, May 9, 2001
Order No. 01-20 (NPDES No. CAS618030) - coned 19 of 26
The County of Orange, OCFCD, and Incorporated Cities
Areowide Urban Storm Water Runoff (Fact Sheet)
The true magnitude of the urban runoff problem is still elusive and any reliable cost estimate for
cleaning up urban runoff would be premature. For urban storm water runoff, end-of-pipe
treatments are cost prohibitive and are not generally considered as a technologically feasible option.
Over the last decade, the permittees have attempted to define the problem and implemented best
management practices to combat the problem. The costs incurred by the pemmittees in
implementing these programs and policies can be divided into three broad categories (the costs
indicated below are for the entire Orange County storm water program):
1. Shared costs: These are costs that fund activities performed mostly by the principal
permittee under the Implementation Agreement. These activities include overall storm
water program coordination; intergovernmental agreements; representation at the Storm
Water Quality Task Force, Regional Board/State Board meetings and other public forums;
preparation and submittal of compliance reports and other reports required under the
NPDES permits and Water Code Section 13267, budget and other program documentation;
coordination of consultant studies, co- permittee meetings; and training seminars. The
overall costs increased from $0.81M in 1996/97 to $0.94M in 1999/00.
2. Individual Costs for DAMP Implementation: These are costs incurred by each permittee for
implementing the BMPs (drainage facility inspections for illicit connections, drain
irdet/catchbasin stenciling, public education, etc.) included in the DAMP. A number of
programs and policies for non -point and storm water pollution controls existed prior to the
urban storm water runoff NPDES program. However, the DAMP that was developed and
implemented in response to the urban storm water runoff NPDES program required
additional programs and policies for pollution control. These costs are attributable to
DAMP implementation. These costs increased from $2.6M in 1996/97 to $6.9M in
1999/00.
3. Individual Costs of Pr Existing Programs: These are costs incurred by each permittce for
water pollution control measures that were already in existence prior to the urban storm
water runoff NPDES program. These programs included recycling, litter control, street
sweeping, drainage facility maintenance, and emergency spill response. The overall costs
for these programs increased from $48M in 1996/97 to $79M in 1999/00.
In addition to these expenditures, volunteer programs (such as the `Beach Cleanup Day ", "Pride
Days", "Coastal Cleanup Day ", etc.) also contributed to the urban runoff pollution control efforts.
The pemilttees identified the following funding sources (1999/00):
FUNDING SOURCE
PERCENTAGE
General Funds
660/.
Gas Taxes
9%
Sewer /Storm Drain Maintenance Fee
7%
Sanitation Fees
5%
Benefit Assessment
3%
Special District Funds
1 %
Other Sources
9%
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
20 of 26
XI. ANTIDEGRADATION ANALYSIS
The Regional Board has considered whether a complete antidegmdation analysis, pursuant to 40
CFR 131.12 and State Board Resolution No. 68 -16, is required for these storm water discharges.
The Regional Board finds that the pollutant loading rates to the receiving waters will be reduced
with the implementation of the requirements in this order. As a result, the quality of storm water
discharges and receiving waters will be improved. Since this order will not result in a lowering of
water quality, a complete antidegradation analysis is not necessary, consistent with the federal and
state antidegradation requirements.
XII. PUBLIC WORKSHOP
The Regional Board recognizes the significance of Orange County's Storm Water/Urban Runoff
Management Program and will conduct, participate, and/or assist with any workshop during the
term of this order to promote and discuss the progress of the storm water management program.
The details of the workshop will be posted on the Regional Board's website, published in local
newspapers and mailed to interested parties. Persons wishing to be included in the mailing list for
any of the items related to this order may register their e-mail address and/or mailing address with
the Regional Board office at the address given below.
XIII. PUBLIC BEARING
The Regional Board will hold a public hearing regarding the proposed waste discharge
requirements. The public hearing is scheduled to be held on Friday, June 1, 2001 at 9:00 a.m. at the
City Council Chambers, City of Loma Linda, 25541 Barton Road, Loma Linda, CA. Further
information regarding the conduct and nature of the public hearing concerning these waste
discharge requirements may be obtained by writing or visiting the Santa Ana Regional Board
office, 3737 Main Street, Suite 500, Riverside, CA 92501 -3348.
MV. INFORMATION AND COPYING
Persons wishing further information may write to the above address or call Aaron Buck at (909)
782 -4906. Copies of the application, proposed waste discharge requirements, and other documents
(other than those which the Executive Officer maintains as confidential) are available at the
Regional Board office for inspection and copying by appointment scheduled between the hours of
8:30 a.m. and 4:00 p.m., Monday through Friday (excluding holidays).
XV. REGISTER OF INTERESTED PERSONS
Any person interested in a particular application or group of applications may leave his/her e-mail
and/or mailing address and phone number as part of the file for an application. Copies of tentative
waste discharge requirements will be mailed to all interested parties.
XVI. RECOMMENDATION
Adopt Order 01 -20, NPDES No. CAS 618030, as presented.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff (Fact Sheet)
21 of 26
In addition to the pemilttees, comments were solicited from the following agencies and/or persons:
U. S. Environmental Protection Agency — Terry Oda / Eugene Bromley (W -5 -1)
U.S. Army District, Los Angeles, Corps of Engineers - Permits Section
NOAH, National Marine Fisheries Service
U.S. Fish and Wildlife Service - Carlsbad
State Water Resources Control Board - Ted Cobb, Office of the Chief Counsel
State Water Resources Control Board — John Youngerman/Bmce Fujimoto, Division of Water
Quality
State Department of Water Resources - Glendale
California Regional Water Quality Control Board, North Coast Region (1) — John Short
California Regional Water Quality Control Board, San Francisco Bay Region (2) — Dale Bowyer
California Regional Water Quality Control Board, Central Coast Region (3) — Jennifer Bitting
California Regional Water Quality Control Board, Los Angeles Region (4) — Wendy Phillips
California Regional Water Quality Control Board, Central Valley Region (5S) — George D.
Day/Dani Berchtold
California Regional Water Quality Control Board, Central Valley Region (5R), Redding - Carole
Crowe
California Regional Water Quality Control Board, Central Valley Region (517), Fresno — Jarma
Bennett
California Regional Water Quality Control Board, Lahontan Region (6SLT), South Lake Tahoe
— Mary Fiore - Wagner
California Regional Water Quality Control Board, Lahontan Region (6V), Viaorville — Gene
Rodash
California Regional Water Quality Control Board, Colorado River Basin Region (7) — Abdi
Haile/Pat Garcia
California Regional Water Quality Control Board, San Diego Region (9) — Bob Morris/Dave
Gibson
State Department of Fish and Game - Long Beach
State Department of Health Services - Santa Ana
State Department of Parks and Recreation — Don Ito
Orange County Health Care Agency — Larry Honeyboume
South Coast Air Quality Management District, Diamond Bar -
Caltrans, District 12, Santa Ana — Grace Pina - Garrett
Southern Pacific Railroad
Atchison, Topeka & Santa Fe Railway Company
Seal Beach Naval Weapons Station
Seal Beach Naval Reserve Center, Los Alamitos
U. S. Marine Corps Air Station, El Toro -
National Forest Service
URS /Greiner - Bob Collacott
The Irvine Company - Sat Tamaribuchi
Building Industry Association — Tim Piasky/David Smith
Latham & Watkins — Paul Singarella
Best, Best, and Krieger — Anne Thomas
Southern California Association of Governments, Los Angeles - Tabi Hiwot
Order No. 01-20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm water Runoff (Fact Sheet)
Universities and Colleges (Chancellor)
University of California, Irvine
California State University, Fullerton
Chapman College
Coastline College
Cypress College
Fullerton College
Irvine Valley College
Golden West College
Orange Coast College
Rancho Santiago College
School Districts (Superintendent)
Anaheim Elementary School District
Anaheim Union High School District
Brea- Olinda Unified School District
Buena Park Joint Union High School District
Centralia Elementary School District
Cypress Elementary School District
Fountain Valley Union High School District
Fullerton Elementary School District
Fullerton Joint Union High School District
Garden Grove Unified School District
Huntington Beach Elementary School District
Huntington Beach Union High School District
Irvine Unified Union High School District
La Habra Joint Union High School District
Los Alamitos Unified School District
Lowell Joint Union High School District
Magnolia Elementary School District
Newport-Mesa Unified School District
Ocean View Union High School District
Orange Unified School District
Placentia Unified School District
Santa Ana Unified School District
Savanna Union High School District
Tustin Unified School District
Westminster Union High School District
Yorba Linda Joint Union High School District
Hospitals (Administrator)
Anaheim General Hospital
Brea Community Hospital
Chapman General Hospital, Orange
Children's Hospital of Orange County. Orange
Coastal Communities Hospital, Santa Ana
Fairview Hospital
FHP Hospital, Fountain Valley
22 of 26
Order No. 01 -20 (NPDES No. CAS618030) - cunt'd
The County of Orange, OCFCD, and Incorporated Cities
Areawtde Urban Storm Water Runoff (Fad Sheet)
Fountain Valley Regional Hospital and Medical Center
Hoag Hospital, Newport Beach
Kaiser Foundation Hospital, Anaheim
Orange County Community Hospital, Buena Park
Pacifica Community Hospital, Huntington Beach
Placentia Linda Community Hospital
Santa Ana Hospital and Medical Center
St. Joseph's Hospital, Orange
U.C. Irvine Medical Center
Vencor Hospital of Orange County, Westminster
Whittier Hospital and Medical Center, Buena Park
Environmental Organizations
Lawyers for Clean Water — Kim Lewland
orange County Coastkeeper — Gary Brown
Defend the Bay — Bob Caustin
Siena Club, Orange County Chapter
Sierra Club, Los Angeles Chapter - Dick Hingson
Natural Resources Defense Council (NRDC) — David Beckman
Cousteau Society
Amigos De Bolsa Chien
Audobon Sea & Sage Chapter
Huntington Beach Wetlands Conservancy
Surfrider Foundation- Nancy Gardner
Alliance to Rescue Crystal Cove — Laura Davik
Newspapers
Orange County Register — Pat Brennan
Los Angeles Times — Seema Media
Press Enterprise —
Daily Pilot — Paul Clinton
23 of 26
Major Water/Wastewater Agencies
Santa Ana Watershed Project Authority — Joseph Grindstaff
Irvine Ranch Water District — General Manager
Los Alisos Water District - General Manager
El Toro Water District - General Manager
San Bernardino County Flood Control District - Naresh Varma
Riverside County Flood Control & Water Conservation District — Steve Stump/Mark Wills
L.A. County Department of Public Works - Gary Hildebrand
Orange County Sanitation Districts - Blake Anderson
Orange County Water District - Bill Mills
Metropolitan Water District - Ed Means
California Regional Water Quality Control Board
Santa Ana Region
ORDER NO. 01-2
NPDES No. CAS618030
Waste Discharge Requirements
for
the County of Orange, Orange County Flood Control District
and
The Incorporated Cities of Orange County Within the Santa Ana Region
Areawide Urban Storer Water Runoff
Orange County
The California Regional Water Quality Control Board, Santa Ana Region (hereinafter Regional
Board) finds that:
1. The 1987 amendments to the Clean Water Act (CWA) added Section 402(p) establishing a
framework for regulating municipal and industrial (including construction) storm water
discharges under the National Pollutant Discharge Elimination System ( NPDES). Section
402(p) of the CWA requires NPDES permits for stone water discharges from municipal
separate storm sewer systems (MS4) as well as other designated storm water discharges that are
considered significant contributors of pollutants to waters of the United States. On November
16, 1990, the United States Environmental Protection Agency (hereinafter EPA) published
Phase I regulations (40 CFR Parts 122, 123 and 124) that describe permit application
requirements for storm water discharges.
2. Prior to EPA's promulgation of the Phase I storm water regulations, the three counties (Orange,
Riverside, and San Bernardino) and the incorporated cities within the jurisdiction of the Santa
Ana Regional Board requested areawide NPDES permits for urban storm water runoff. On July
13, 1990, the Regional Board adopted Order No. 90 -71 for urban storm water runoff from urban
areas in Orange County within the Santa Ana Region. The County of Orange was named as the
principal petmittee and the Orange County Flood Control District ( OCFCD) and the
incorporated cities were named as the co- pennittees. Order No. 96 -31, issued by the Regional
Board on March 8, 1996, renewed the permit for another five years.
3. Order No. 96 -31 expired on March 1, 2001. On September 1, 2000, the County of Orange
Public Facilities and Resources Department (OCPFRD) and the Orange County Flood Control
District ( OCFCD) in cooperation with the cities of Anaheim, Brea, Buena Park, Costa Mesa,
Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Woods,
La Habra, La Palma, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana,
Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (hereinafter collectively
referred to as pemrittees or dischargers), submitted NPDES Application No. CAS618030 and a
Report of Waste Discharge for reissuance of their areawide storm water permit. In order to
more effectively carry out the requirements of this order, the pemmittces have agreed that the
County of Orange will continue as principal permittce and the OCFCD and the incorporated
cities will continue as co- pemrittees. On March 5, 2001, Order No. 96-31, NPDES No.
CAS618030, was administratively extended in accordance with Tide 23, Division 3, Chapter 9,
§2235.4 of the California Code of Regulations.
order No. 01 -20 (NPDES No. CAS618030) - cunt'd 2 of 44
The County of Orange, OCFCD, and Incorporated Cities
Areaaide Urban Storm Water Runoff
4. The permittees serve a population of approximately 2.8 million, occupying an area of
approximately 786 square miles (including unincorporated areas and the limits of 33 cities, 25
of which are within the jurisdiction of this Regional Board; two of the cities, Laguna Woods
and Lake Forest, are within both the San Diego and Santa Ana Regional Boards' jurisdictions).
The permitted area is shown on Attachment A. The permittees have jurisdiction over and /or
maintenance responsibility for storm water conveyance systems within Orange County. The
County's systems include an estimated 400 miles of storm drain systems. A major portion of
the urbanized areas of Orange County drains into waterbodies within this Regional Board's
jurisdiction. In certain cases, where a natural streambed is modified to convey storm water
flows, the conveyance system becomes both an MS4 and a receiving water. The major storm
drain systems and drainage areas in Orange County, which are within this Region, are shown on
Attachment B. A portion of the Orange County drainage area is within the jurisdiction of the
San Diego Regional Board and is regulated under an order issued by that Board.
5. Storm water discharges to the MS4 systems in Orange County are tributary to various water
bodies of the Region. The permitted area can be subdivided into five tributary watersheds: the
San Gabriel River drainage area, the Huntington Harbour and Bolas Bay drainage area, the
Santa Ana River drainage area, Newport Bay drainage area, and the Irvine and Newport Coast
Areas of Special Biological Significance (see Attachment B). These watersheds are tributary to
the Pacific Ocean. The surface water bodies in Orange County include:
Inland Surface Streams
a. Santa Ana River, Reaches l and 2,
b. Silverado Creek (tributary to Santiago Creek),
c. Santiago Creek, Reaches 1, 2, 3, and 4 (tributary to the Santa Ana River),
d. San Diego Creek, Reaches 1 and 2 (tributary to Newport Bay),
e. San Joaquin Freshwater Marsh (tributary to San Diego Creek),
f. All other tributaries to these Creeks: Bonita Creek, Serrano Creek, Peters Canyon
Wash, Hicks Canyon Wash, Bee Canyon Wash, Borrego Canyon Wash, Agua Chinon
Wash, Laguna Canyon Wash, Rattlesnake Canyon Wash, Sand Canyon Wash, Black
Star Creek, Carbon Canyon Creek, Coyote Creek and other tributaries.
Bays, Estuaries, and Tidal Prisms
g. Anaheim Bay,
h. Sunset Bay,
i. Bolsa Bay and Bolsa Chica Ecological Reserve,
j. Lower and Upper Newport Bay,
lc Tidal Prism of Santa Ana River (to within 1000 feet of Victoria Street) and Newport
Slough, Santa Ana Salt Marsh,
1. Tidal Prism of San Gabriel River (River Mouth to Marina Drive),
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
3 of 44
m. Tidal Prisms of Flood Control Channels Discharging to Coastal or Bay Waters (e.g.
Huntington Harbour),
Ocean Waters
Nearshore Zone
n. San Gabriel River to Poppy Street in Corona Del Mar,
o. Poppy Street to Southeast Regional Boundary,
Offshore Zone
p. Waters between Nearshore Zone and Limit of State Waters,
Lakes and Reservoirs
q. Irvine Lake (Santiago Reservoir), and
r. Laguna, Peters Canyon, and Rattlesnake Reservoirs.
The beneficial uses of these water bodies include: municipal and domestic supply, agricultural
supply, industrial service and process supply, groundwater recharge, navigation, hydropower
generation, water contact recreation, non - contact water recreation, commercial and sportfishing,
warm freshwater and limited warm freshwater habitats, cold freshwater habitat, preservation of
biological habitats of special significance, wildlife habitat, preservation of rare, threatened or
endangered species, marine habitat, shellfish harvesting, spawning, reproduction and
development of aquatic habitats, and estuarine habitat . The ultimate goal of this storm water
management program is to protect the beneficial uses of the receiving waters.
6. The Santa Ana River Basin is the major watershed within the jurisdiction of the Regional
Board. The lower Santa Ana River Basin (downstream from Prado Basin) includes the Orange
County drainage areas and the Upper Santa Ana River Basin includes the San Bernardino and
the Riverside drainage areas. Within the Region, generally the San Bernardino County
drainage areas drain to the Riverside County drainage areas, and Riverside County drainage
areas discharge to Orange County.
7. Within the Region, runoff from the San Bernardino County areas is generally conveyed to the
Riverside County areas through the Santa Ana River or other drainage channels tributary to the
Santa Ana River. These flows are then discharged to Reach 2 of the Santa Ana River through
Prado Basin (Reach 3 of the Santa Ana River). Most of the flow in Reach 2 is recharged in
Orange County. During wet weather, some of the flow is discharged to the Pacific Ocean
through Reach 1 of the Santa Ana River.
8. The three county areas within this Region are regulated under three areawide permits for urban
storm water runoff. These areawide NPDES permits are:
a. Orange County, NPDES No. CAS618030;
b. Riverside County, NPDES No. CAS618033; and
c. San Bernardino County, NPDES No. CAS618036.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 4 of 44
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
For an effective watershed management program, cooperation and coordination among the
regulators, the municipal permittees, the public, and other entities are essential.
9. Studies conducted by the EPA, the states, flood control districts and other entities indicate the
following major sources for urban storm water pollution nationwide:
a. Industrial sites where appropriate pollution control and best management practices
(BMPs)' are not implemented;
b. Construction sites where erosion and siltation controls and BMPs are not implemented;
and
c. Urban runoff where the drainage area is not properly managed.
10. A number of permits were adopted to address pollution from the sources identified in Finding
9, above. The State Board issued two statewide general NPDES permits: one for storm water
runoff from industrial activities ( NPDES No. CAS000001, General Industrial Activities Storm
Water Permit) and a second one for storm water runoff from construction activities ( NPDES
No. CAS000002, General Construction Activity Storm Water Permit). Industrial activities (as
identified in 40 CFR 122.26(6)14) and construction sites of five acres or more, are required to
obtain coverage under these statewide general permits. The permittees have developed project
conditions of approval requiring coverage under the State's General Permit for new
developments to be implemented at the time of grading or building permit issuance for
construction sites on five acres or more and at the time of local permit issuance for industrial
facilities. The State Board also adopted Order No. 99- 06 -DWQ, NPDES No. CAS000003, for
storm water nmoff from facilities (including freeways and highways) owned and/or operated by
Caltrans. The Regional Board adopted Order 99 -11, NPDES No. CAGO18001, for
concentrated animal feeding operations, including dairies The Regional Board also issues
individual storm water permits for certain industrial facilities within the Region. Currently
there are 22 individual storm water NPDES permits; 8 of these facilities are located in the
Orange County area. Additionally, for a number of facilities that discharge process wastewater
and storm water, storm water discharge requirements are included with the facilities' NPDES
permit for process wastewater.
11. In most cases, the industries and construction sites covered under the Statewide General
Industrial and Construction Permits discharge into storm drains and/or flood control facilities
owned and operated by the permittees. These industries and construction sites are also
regulated under local laws and regulations. Furthermore, the permittees authorize and permit
developments within their jurisdiction, and they own, operate, and control the MS4 systems.
The permittees approve residential, commercial, and industrial developments, and cause
urbanization of the area and also benefit from it. Therefore, they have a responsibility to
address any water quality problems resulting from this urbanization. A coordinated effort
between the pemuttees and the Regional Board staff is critical to avoid duplicative and
overlapping efforts when overseeing the compliance of dischargers covered under the Statewide
6 Best Management Practices (BMPs) are water quality management practices that are maximized in efficiency for the
control of storm water runoff pollution.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 5 of 44
The County of Orange, OCFCD, and Incorporated Cities
Arenwide Urban Storm Water Runoff
General Permits. As part of this coordination the permittees have been notifying Regional
Board staff when conditions that result in a threat or potential threat to water quality are
observed during their routine activities, or when a required industrial facility or construction
activity fails to obtain coverage under the appropriate general storm water permit.
12. If not properly controlled and managed, urbanization could result in the discharge of pollutants
in storm water runoff. Urban area runoff (Finding 9. c) may contain elevated levels of
pathogens (bacteria, protozoa, viruses), sediment, hash, fertilizers (nutrients, compounds of
nitrogen and phosphorus), pesticides ( DDT, Chlordane, Diazinon, Chlorpyrifos), heavy metals
(cadmium, chromium, copper, lead, zinc), and petroleum products (oil, grease, petroleum
hydrocarbons, polycyclic aromatic hydrocarbons). Storm water can carry these pollutants to
rivers, streams, lakes, bays and the ocean (receiving waters).
13. These pollutants can then impact the beneficial uses of the receiving waters and can cause or
threaten to cause a condition of pollution or nuisance. Pathogens (from sanitary sewer
overflows, septic system leaks, and spills and leaks from portable toilets, pets, wildlife and
human activities) can impact water contact recreation, non - contact water recreation and
shellfish harvesting. Microbial contamination of the beaches from urban runoff and other
sources has been tied to a number of health advisories issued by the Orange County Health
Officer. Floatables (from trash) are an aesthetic nuisance and can be a substrate for algae and
insect vectors. Oil and grease can coat birds and aquatic organisms, adversely affecting
respiration and/or themroregulation. Other petroleum hydrocarbon components can cause
toxicity to aquatic organisms and can impact human health. Suspended and settleable solids
(from sediment, trash, and industrial activities) can be deleterious to benthic organisms and
may cause anaerobic conditions to form. Sediments and other suspended particulates can cause
turbidity, clog fish gills and interfere with respiration in aquatic fauna. They can also screen out
light, hindering photosynthesis and normal aquatic plant growth and development. Toxic
substances (from pesticides, herbicides, petroleum products, metals, industrial wastes) can
cause acute and/or chronic toxicity, and can bioaccurnulate in organisms to levels that are
harmful to human health. Nutrients (from fertilizers, confined animal facilities, pets, birds) can
cause excessive algal blooms. These blooms can lead to problems with taste, odor, color and
increased turbidity, and can depress the dissolved oxygen content, leading to fish kills.
14. A major portion of Orange County is urbanized with residential, commercial, and industrial
developments. Urban development increases impervious surfaces and storm water runoff
volume and velocity, and decreases vegetated pervious surface available for infiltration of storm
water. Increase in runoff volume and velocity can cause scour, erosion (sheet, rill and/or gully),
aggradation (raising of a streambed from sediment deposition), and can change fluvial
geomorphology, hydrology, and aquatic ecosystems. The local agencies (the permittees) are the
owners and operators of the MS4 systems and have authority to control discharges to these
systems (also see Finding 16). The pemrittees have established appropriate legal authority to
control discharges into the MS4 systems. They adopted grading and/or erosion control
ordinances, guidelines and best management practices (BMPs) for municipal, commercial, and
industrial activities, and a drainage area management plan (DAMP). The pennittees must
exercise a combination of these programs, policies, and legal authority to ensure that pollutant
loads resulting from urbanization are properly controlled and managed.
Order No. 01 -20 (NPDFS No. CAS618030) - word 6 of 44
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
15. This order regulates urban storm water runoff from areas under the jurisdiction of the
pemnttees. Urban storm water runoff includes those discharges from residential, commercial,
industrial, and construction areas within the permitted area and excludes discharges from
feedlots, dairies, and farms (also see Finding 16). Storm water discharges consist of surface
runoff generated from various land uses in all the hydrologic drainage areas that discharge into
the water bodies of the U.S. The quality of these discharges varies considerably and is affected
by land use activities, basin hydrology and geology, season, the frequency and duration of
storm events, and the presence of illegal disposal practices /illicit connections. Nationwide
studies in urban areas have shown that urban runoff typically contains significant quantities of
pollutants (see Finding 12).
16. The pernittees may lack legal jurisdiction over storm water discharges into their systems from
some of the State and federal facilities, utilities and special districts, Native American tribal
lands, waste water management agencies and other point and non -point source discharges
otherwise permitted by the Regional Board. The Regional Board recognizes that the permittem
should not be held responsible for such facilities and /or discharges. Certain activities that
generate pollutants present in storm water runoff may be beyond the ability of the permittees to
eliminate. Examples of these include operation of internal combustion engines, atmospheric
deposition, brake pad wear, fire wear and leaching of naturally occurring minerals from local
geography. However, with proper planning, vehicular traffic could be reduced (mass transit
systems, traffic congestion management, etc.) to reduce pollutant loads in storm water runoff.
This order is intended to regulate the discharge of pollutants in urban storm water runoff from
anthropogenic (generated from human activities) sources and is not intended to address
background or naturally occurring pollutants or flows.
17. The water quality assessment conducted by Regional Board staff has identified a number of
other beneficial use impairments due, in part, to urban runoff. Section 303(b) of the CWA
requires each of the regional boards to routinely monitor and assess the quality of waters of the
region. If this assessment indicates that beneficial uses and/or water quality objectives are not
met, then that waterbody must be listed under Section 303(d) of the CWA as an impaired
waterbody. The 1998 water quality assessment listed -a number of water bodies within the
Region under Section 303(d) as impaired waterbodies. In the Orange County area, these
include: (1) San Diego Creek, Reach 1 (listed for sedimentation/siltation, metals, nutrients,
pesticides); (2) San Diego Creek, Reach 2 (listed for sedimentation/siltation, nutrients, metals,
unknown toxicity); (3) Upper Newport Bay Ecological Reserve (listed for
sedimentation/siltation, metals, nutrients, pathogens, pesticides); (4) Lower Newport Bay (listed
for metals, pesticides, pathogens, nutrients, priority organics); (5) Anaheim Bay (listed for
metals, pesticides); 6) Huntington Harbour (listed for metals, pesticides, pathogens); 7)
Santiago Creek, Reach 4 (listed for salinity, TDS, chlorides); and 8) Silverado Creek (listed for
pathogens, salinity, TDS, chlorides). For a number of these impaired waterbodim, the cause of
impairment is listed as urban runoff.
18. Federal regulations require that a total maximum daily load (TMDL) be established for each
303(d) listed waterbody for each of the pollutants causing impairment. The TMDL is the total
amount of the problem pollutant that can be discharged while water quality standards in the
receiving water are attained, i.e., water quality objectives are met and the beneficial uses are
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
7 of 44
protected. It is the sum of the individual wasteload allocations (WLA) for point source inputs,
load allocations (LA) for non -point source inputs and natural background, with a margin of
safety. The TMDLs are the basis for limitations established in waste discharge requirements.
TMDLs have been developed for sediment and nutrients for San Diego Creek and Newport
Bay. A fecal ooliform TMDL for Newport Bay has also been established The WLAs from
these TMDLs are included in this order. Dischargers to these water bodies are currently
implementing these TMDLs. To avoid any duplicative efforts, this order does not include any
further requirements for implementation of the WLAs. However, this order may be reopened to
include TMDL implementation, if other implementation methodologies are not effective.
19. The MS4s generally contain non -storm water flows such as irrigation runoff, runoff from non-
commercial car washes, runoff from miscellaneous washing and cleaning operations, and other
nuisance flows. These non -storm water flows generally contain a higher concentration of
pollutants compared to storm water. Discharges of non -storm water containing pollutants into
the MS4 systems and to waters of the U.S. are prohibited unless they are regulated under
separate NPDES permit; certain types of non -storm water containing no pollutants are exempt
as indicated in Discharge Prohibitions, Section III, Item 4 of this order.
20. Order No. 90-71 (first term permit) required the permittees to: (1) develop and implement a
drainage area management plan (DAMP) and a storm water and receiving water monitoring
plan•, (2) eliminate illegal and illicit discharges to the MS4s; and (3) enact the necessary legal
authority to effectively prohibit such discharges. The overall goal of these requirements was to
reduce pollutant loadings to surface waters from urban runoff to the maximum extent
practicable (MEP)'. Order No. 96 -31 (second term permit) required continued implementation
of the DAMP and the monitoring plan, and required the pemuttees to focus on those areas that
threaten the beneficial uses.
21. This order (Order No. 01 -20, third term permit) outlines additional steps for an effective storm
water management program and specifies requirements to protect the beneficial uses of all
receiving waters. This order requires the pemittees to examine sources of pollutants in storm
water runoff from activities that the petmittees conduct, approve, regulate and/or issue a license
or permit.
22. The Report of Waste Discharge (the permit renewal application) included the following major
documents:
a. Summary of status of current Storm Water Management Program;
b. Proposed Plan of Storm Water Quality Management Activities for 2001 -2006 as
outlined in the Updated Drainage Area Management Plan (DAMP). The updated
DAMP includes all the activities the permittees propose to undertake during the next
permit term, goals and objectives of such activities, an evaluation of the need for
additional source control and/or structural BMPs and proposed pilot studies;
' Maximum Extent Practicable (MEP) means to the maximum extent possible, taking into account equitable
considerations of synergistic, additive, and competing factors, including but not limited to, gravity of the problem, fiscal
feasibility, public health risks, societal concerns, and social benefits.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
S of 44
c. A Performance Commitment that includes new and proposed program elements and
compliance schedules necessary to comply with Receiving Water Limitations section of
this order;
d. A summary of procedures implemented to detect illegal discharges and illicit disposal
practices;
e. A summary of enforcement procedures and actions taken to require storm water
discharges to comply with the approved storm water management programs;
f A summary of public agency activity, results of monitoring program, and program
effectiveness; and
g. A fiscal analysis.
23. The permittees own/operate facilities where industrial or related activities take place that may
have an impact on storm water quality. Some of the petmittees also enter into contracts with
outside parties to carry out municipal related activities that may also have an impact on storm
water quality. These facilities and related activities include, but are not limited to, street
sweeping, catch basin cleaning, maintenance yards, vehicle and equipment maintenance areas,
waste transfer stations, corporation and storage yards, parks and recreational facilities,
landscape and swimming pool maintenance activities, storm drain system maintenance
activities and the application of herbicides, algaecides and pesticides. The pemuttees have
prepared and implemented an environmental performance report for appropriate fixed public
facilities under their jurisdiction, and identified best management practices for those activities
found to require pollution prevention measures. Non -storm water discharges from these
facilities and/or activities could also affect water quality. This order prohibits non -storm water
discharges from public facilities unless the discharges are exempt under Section III, Discharge
Limitations, 3 & 5 of this order or are permitted by the Regional Board under an individual
NPDES permit. The second term permit required the pemuttees to prepare an Environmental
Performance Reporting Program to identify significant issues and to implement corrective
actions at municipal facilities and activities. Most of this work has been completed. However,
this is a continuing process and this order requires the perminces to continue this process at
least on an annual basis.
24. Successful implementation of the provisions and limitations in this order will require the
cooperation of all the public agency organizations within Orange County having
programs/activities that have an impact on storm water quality. A list of these organizations is
included in Attachment C. As such, these organizations are expected to actively participate in
implementing the Orange County NPDES Storm Water Program. The Regional Board has the
discretion and authority to require non - cooperating entities to participate in this areawide permit
or obtain individual storm water discharge permits, pursuant to 40 CFR 122.26(a). The
per ittees have developed a Storm Water Implementation Agreement among the County, the
cities and the Orange County Flood Control District. The Implementation Agreement
establishes the responsibilities of each party and a funding mechanism for the shared costs, and
recognizes the Technical Advisory Committee (TAC).
25. The major focus of storm water pollution prevention is the development and implementation of
an appropriate drainage area management plan (DAMP) including best management practices
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(BMPs). The ultimate goal of the urban storm water management program is to support
attainment of water quality objectives for the receiving waters and to protect beneficial uses
through the implementation of the DAMP. The permittees developed and submitted a DAMP 1,
which was approved on May 3, 1994.
26. The DAMP is a dynamic document and the permittees have implemented, or are in the process
of implementing, the various elements of the DAMP. A revised DAMP was included with the
NPDES permit renewal application. This order requires the permittees to continue to
implement the BMPs listed in the revised DAMP and to effectively prohibit illegal and illicit
discharges to the storm drain system.
27. Urban runoff contains pollutants from privately owned and operated facilities such w
residences, businesses, private and/or public institutions, and commercial establishments.
Therefore, a successful storm water management plan should include the participation and
cooperation of the public, businesses, the permittees and the regulators. The DAMP has a
strong emphasis on public education.
28. The Grange County DAMP defined: (1) a management structure for the permittees' compliance
effort; (2) a formal agreement to underpin cooperation, and (3) a detailed municipal effort to
develop, implement, and evaluate various BMPs or control programs in the areas of public
agency activities, public information, new development and construction, public works
construction, industrial discharger identification, and illicit discharger /conncetion identification
and elimination.
29. In order to characterize storm water discharges, to identify problem areas, to determine the
impact of urban nmoff on receiving waters, and to determine the effectiveness of the various
BMPs, an effective monitoring program is critical. The principal permiee administers the
monitoring program for the permittees. This program included storm water monitoring,
receiving water monitoring, dry weather monitoring and sediment monitoring. The monitoring
data indicated some spatial differences in water quality among Orange County's major
watersheds. Based on these monitoring data, the monitoring program was revised in 1998 to
focus on " warm spots" (areas where the pollutant concentrations were above the average for
the watershed) and "special value" areas (critical aquatic resources). Another element of the
monitoring program is the Reconnaissance and Source Identification component that targets
areas that are known to exhibit unusually high levels of storm water pollutants.
30. In accordance with the Strategic Plan and Initiatives (June 22, 1995) for the State and Regional
Boards, the Regional Board recognizes the importance of an integrated watershed management
approach. The Regional Board also recognizes that a watershed management program should
integrate all related programs, including the storm water program and TMDL processes.
Consistent with this approach, some of the monitoring programs have already been integrated
into regional monitoring programs.
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The County of Orange, OCFCD, and Incorporated Cities
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31. Any illegal dumping and illicit/illegal connections and discharges' to the storm drains could
contribute to storm water and other surface water contamination. A reconnaissance survey of
the municipal storm drain systems (open channels and underground storm drains) was
completed by the permittees. The permittees also developed a program to prohibit illegal/illicit
connections to their strum drains and flood control facilities. Continued surveillance and
enforcement of these programs are required to eliminate illicit connections and illegal
discharges. The permittees have a number of mechanisms in place to eliminate illegal
discharges to the MS4s, including industrial facility inspections, drainage facility inspections,
water quality monitoring programs, and public education. The permittees also established a
24 -hour water pollution problem reporting hotline. In February 1997, the permittees certified
that they had completed a reconnaissance survey of the MS4s to detect and eliminate any illicit
connections (undocumented or unpemiltted connections to the MS4s). A reconnaissance
survey is now being conducted as a part of the routine inspections of all MS4s.
32. The permittees have the authority to control pollutants in storm water discharges, to prohibit
illegal discharges/illicit connections, to control spills, and to require compliance and carry out
inspections of the storm drain systems within their jurisdictions. The permittees have various
forms of legal authority in place, such as charters, State Code provisions for General Law cities,
city ordinances, and applicable portions of municipal codes and the State Water Code, to
regulate storm water /urban runoff discharges. In order to insure countywide consistency and to
provide a legal underpinning to the entire Orange County Storm Water Program, a model water
quality ordinance was completed on August 15, 1994 and was adopted by all the permittees.
The permittees are required by this order to review their existing enforcement authority to
determine the need for any additional legal authority to administer civil and/or criminal
penalties for violations of the Water Quality Ordinance.
33. Pollution prevention techniques, appropriate planning processes, and early identification of
potential storm water impacts and mitigation measures can significantly reduce storm water
pollution problems. The permittees should consider these impacts and appropriate mitigation
measures in the planning procedures and in the California Environmental Quality Act (CEQA)
review process for specific projects, Master Plans, etc. The pennittees already require a Water
Quality Management Plan, which addresses permanent post- construction BMPs, in addition to
the SWPPP, which is required by the statewide general permit for construction activity. The
permittees are encouraged to propose and participate in watershed wide and/or regional water
quality management programs.
34. Successful implementation of the provisions and limitations in this order will require the
cooperation of all the public agency organizations within Orange County having
programstactivities that have an impact on storm water quality (e.g. Fire Department, Building
and Safety, Code enforcement, etc.). As such, these organizations are expected to actively
participate in implementing this areawide storm water program. The permittees have developed
' Illegal discharge means any discharge (or seepage) to the municipal separate storm sewer that is not composed entirely
of storm water except for the authorized discharges listed in Section III of this permit. Illegal discharges include the improper
disposal of wastes into the storm sewer system.
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interdepartmental training programs and have made commitments to conduct a certain number
of these training programs during the term of this permit.
35. In accordance with the Clean Water Act and its implementing regulations, this order requires
the permittces to develop and implement programs and policies necessary to control the
discharge of pollutants in urban runoff to waters of the U. S. to the maximum extent practicable
(MEP).
36. The legislative history and the preamble to the federal storm water regulations indicate that the
Congress and the U.S. EPA were aware of the difficulties in regulating urban storm water
runoff solely through traditional end -of -pipe treatment. However, it is the Regional Board's
intent that this order shall achieve attainment and protection of the beneficial uses of receiving
waters. This order, therefore, includes Receiving Water Limitations based upon water quality
objectives, the prevention of nuisance and the reduction of water quality impairment in
receiving waters. In accordance with Section 402 (p) of the Clean Water Act, this order
requires the permittees to implement control measures in accordance with the approved DAMP
that will reduce pollutants in storm water discharges to the maximum extent practicable. The
Receiving Water Limitations require the implementation of control measures that are
technically and economically feasible as necessary to protect beneficial uses and attain water
quality objectives of the receiving waters.
37. The Regional Board finds that the unique aspects of the regulation of storm water discharges
through municipal storm sewer systems, including the intermittent nature of discharges,
difficulties in monitoring and limited physical control over the discharge, will require adequate
time to implement and evaluate the effectiveness of BMPs. Therefore, the order includes a
procedure for determining whether storm water discharges are causing exceedances of receiving
water limitations and for evaluating whether the DAMP must be revised. The order establishes
an iterative process to maintain compliance with the receiving water limitations.
38. A revised Water Quality Control Plan (Basin Plan) was adopted by the Regional Board and
became effective on January 24, 1995. The Basin Plan contains water quality objectives and
beneficial uses for water bodies in the Santa Ana Region. The Basin Plan also incorporates by
reference all State Board water quality control plans and policies, including the 1990 Water
Quality Control Plan for Ocean Waters of California (Ocean Plan) and the 1974 Water Quality
Control Policy for Enclosed Bays and Estuaries of California ( Enclosed Bays and Estuaries
Plan).
39. The requirements contained in this order are necessary to implement the plans and policies
described in Finding 38, above. These plans and policies contain numeric and narrative water
quality standards for the water bodies in this Region. This order does not contain numeric
effluent limitations for any constituents, except for constituents for which waste load allocations
have been established, because the impact of the storm water discharges on the water quality of
the receiving waters has not yet been fully determined. Continuation of water quality/biota
monitoring and analysis of the data are essential to make that determination. The existing Basin
Plan, or any further changes to the Basin Plan may be grounds for the permittees to revise some
or all of the DAMP and/or the ROWD.
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40. Pemrittees will be required to comply with any applicable future water quality standards or
discharge requirements that may be imposed by the EPA or State of California prior to the
expiration of this order. This order may be reopened to include TMDLs and/or other
requirements developed and adopted by the Regional Board.
41. The permittees may petition the Regional Board to issue a separate NPDES permit to any
discharger of non -storm water into storm drain systems that they own or operate.
42. The permittees under the aegis of the TAC, and in collaboration with the City and County
Attorneys, Orange County Sanitation District, the Orange County Building Industry
Association, the Food Sanitation Advisory Council, and Western States Petroleum Association,
developed an Enforcement Consistency Guide and a Water Quality Ordinance. All of the
permittees adopted the Enforcement Consistency Guide and the Water Quality Ordinance.
These documents establish legal authority for enforcing storm water ordinances and countywide
uniformity in the enforcement actions.
43. It is important to control litter to eliminate trash and other materials in storm water runoff. In
addition to the municipal ordinances prohibiting litter, the permittees participate or organize a
number of other programs such as "Coastal Cleanup Day ", "Pride Days ", "Volunteer
Connection Day ", etc. The permittees also organize solid waste collection programs, household
hazardous waste collections, and recycling programs to reduce litter and illegal discharges.
Additionally, the pemuttees have installed debris booms at a number of locations.
44. The permittees are required to continue their drainage system inspection and maintenance
program.
45. At a number of locations along the Orange County coast, elevated bacterial levels were detected
during the summer of 1999 and 2000. One of the studies conducted to determine the source of
bacterial contamination indicated that there is only a minor contribution to the bacterial
problems from urban nmoff. The permittees currently divert dry weather low flows from some
of these areas to sanitary sewer systems on a temporary basis to address this bacterial problem.
A number of studies have been initiated to determine the source of this microbial contamination
and to develop permanent remedial measures. This order requires the permittees to further
investigate and address the coastal bacterial problems.
46. The sampling data indicate the presence of elevated levels of pesticides in storm water runoff
from urban areas. The permittees have developed and implemented a model plan entitled,
"Management Guidelines for Use of Fertilizers and Pesticides". The perminces are required to
review this plan to determine its effectiveness and to make any needed changes.
47. Public education is an important part of storm water pollution prevention. The pemrittees have
employed a variety of means to educate the public, business and commercial establishments,
industrial facilities and construction sites, and in 1999 developed a long term public education
strategy. The permittees are required to continue their efforts in public education programs.
48. The permittees established a taskfrice consisting of the principal pemrittee, Building Industry
Association, Association of General Contractors and Civil Engineers and Land Surveyors of
California and developed `Best Management Practices for New Development Including Non -
Residential Construction Projects (1 -5 acres) ". The pennittees are implementing the BMPs
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fiom this guidance document and are requiring new developments and significant
redevelopments to develop and implement appropriate Water Quality Management Plans. This
order requires additional structural and non - structural BMPs for new developments and
significant redevelopments only if regional and/or watershed wide management programs are
not being implemented.
49. The Regional Board and the pemtittees recognize the importance of watershed management
initiatives and regional planting and coordination in the development and implementation of
programs and policies related to water quality protection. A number of such efforts are
underway in which the pennittees are active participants. This order encourages continued
participation in such programs and policies. The Regional Board also recognizes that in certain
cases, diversion of funds targeted for certain monitoring programs to regional monitoring
programs may be necessary. The Executive Officer is authorized to review and approve such
diversions.
50. The storm water regulations require public participation in the development and
implementation of the storm water management program. As such the pemtittees are required
to solicit and consider all comments received from the public and submit copies of the
comments to the Executive Officer of the Regional Board with the annual reports due on
November 15. In considering the public comments, the pemilttees may modify reports, plans,
or schedules prior to submittal to the Executive Officer.
51. In accordance with California Water Code Section 13389, the issuance of waste discharge
requirements for this discharge is exempt from those provisions of the Califnnia
Environmental Quality Act contained in Chapter 3 (commencing with Section 21100), Division
13 of the Public Resources Code.
52. The Regional Board has considered anti - degradation requirements, pursuant to 40 CFR 131.12
and State Board Resolution No. 68 -16. This order requires the implementation of measures to
control and improve the quality of storm water runoff and affected receiving waters. Since this
order will not result in lowering of water quality, a complete anti- degradation analysis is not
necessary.
53. The Regional Board has notified the permittees and interested parties of its intent to issue waste
discharge requirements for this discharge and has provided them with an opportunity to submit
their written views and reoommendations.
54. The Regional Board, in a public hearing, heard and considered all comments pertaining to the
discharge and to the tentative requirements.
TT IS HEREBY ORDERED that the pemilttees, 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:
I. RESPONSHIILMES OF PRINCIPAL PERMITTEE
The principal pemrittee shall be responsible for the overall program management and shall:
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1. Conduct chemical and biological water quality monitoring as agreed upon by the Executive
Officer of the Regional Board.
2. Conduct inspections and maintain the storm drain systems within its jurisdiction.
3. Review and revise, if necessary, policies/ordinances necessary to establish legal authority as
required by the Federal Stoma Water Regulations.
4. Respond and/or arrange for responding to emergency situations such as accidental spills,
leaks, illegal discharges /illicit connections, etc. to prevent or reduce the discharge of
pollutants to storm drain systems and waters of the U.S. within its jurisdiction.
5. Take appropriate enforcement actions for discharges to the MS4 systems owned or
controlled by the principal permittm.
6. Prepare and submit to the Executive Officer of the Regional Board unified reports, plans,
and programs as required by this order, including the annual report.
The activities of the principal pemmittee should include, but not be limited to, the following:
7. Coordinate and conduct Management Committee meetings on an as needed basis. The
principal pemmittee will take the lead role in initiating and developing area -wide programs
and activities necessary to comply with the NPDES Permit.
S. Coordinate permit activities and participate in any subcommittees formed as necessary, to
coordinate compliance activities with this order.
9. Provide technical and administrative support and inform the co- pemmittees of the progress
of other pertinent municipal programs, pilot projects, research studies, etc.
10. Coordinate the implementation of areawide storm water quality management activities such
as public education, pollution prevention, household hazardous waste collection, etc.
11. Develop and implement mechanisms, performance standards, etc., to promote uniform and
consistent implementation of BMPs among the pemmittees.
12. Pursue enforcement actions as necessary within its jurisdiction to ensure compliance with
storm water management programs, ordinances and implementation plans including
physical elimination of undocumented connections and illicit discharges.
13. In conjunction with the other permittms, implement the BMPs listed in the approved
DAMP.
14. Monitor the implementation of the plans and programs required by this order and determine
their effectiveness in protecting beneficial uses.
15. Coordinate all the activities with the Regional Board, including the submittal of all reports,
plans, and programs as required under this order.
16. Obtain public input for any proposed management and implementation plans where
applicable.
17. Cooperate in watershed management programs and regional and/or statewide monitoring
Programs.
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IL RESPONSIBILITIES OF THE CO- PERMITTEES
The co- pemdttees shall be responsible for the management of storm drain systems within their
jurisdictions and shall:
1. Implement management programs, monitoring programs, implementation plans and all
BMPs outlined in the DAMP within each respective jurisdiction.
2. Establish and maintain adequate legal authority as required by the Federal Storm Water
Regulations.
3. Conduct storm drain system inspections and maintenance in accordance with the criteria
developed by the principal permittee.
4. Take appropriate enforcement actions for violation of the storm water regulations for
discharges into the MS4 systems within the co- pennittee's jurisdiction.
The co- pemnttees' activities should include, but not be limited to, the following:
S. Participate in a Management Committee comprised of the principal permittee and one
representative of each co- permittee. The principal permittee will take the lead role in
initiating and developing area -wide programs activities necessary to comply with the
NPDES Permit. The committee will meet on a regular basis (at least six times per year).
Each permittee shall designate one official representative to the Management Committee.
6. Review, approve, implement, and comment on all plans, strategies, management programs,
and monitoring programs, as developed by the principal permittee or any permittee
subcommittee to comply with this order.
7. Pursue enforcement actions as necessary to ensure compliance with the storm water
management programs, ordinances and the implementation plans including physical
elimination of undocumented connections and illicit discharges.
8. Conduct and coordinate with the principal permittee any surveys and characterizations
needed to identify the pollutant sources and drainage areas.
9. Submit storm drain system maps with periodic revisions as necessary.
10. Respond to emergency situations such as accidental spills, leaks, illegal discharges/illicit
connections, etc. to prevent or reduce the discharge of pollutants to storm drain systems and
waters of the U.S.
11. Prepare and submit all reports to the principal permittee in a timely manner.
Ill. DISCHARGE LIMITATIONS/PROHIBITIONS
1. The permittees shall prohibit illicit/illegal discharges from entering into the municipal
separate storm sewer systems and require controls to reduce the discharge of pollutants to
the maximum extent practicable.
2. Discharges from the municipal separate storm sewer systems shall not cause or contribute to
a condition of contamination, nuisance, or pollution in waters of the State as defined in
Section 13050 of the Water Code.
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3. The discharge of storm water into the MS4s and from the MS4s to waters of the United
States containing pollutants that have not been reduced to the maximum extent practicable
is prohibited.
4. The permittees shall effectively prohibit the discharge of non -storm water into the MS4s
unless such discharges are authorized by a separate NPDES permit or otherwise as specified
in this provision. The following discharges may not contain pollutants and need not be
prohibited by the permittees. If these discharges are identified by the permittees or the
Executive Officer as a source of pollutants, coverage under the Regional Board's de
Minimus permit is required.
a. Discharges composed entirely of storm water,
b. covered by NPDES permits or written clearances issued by the Regional or State
Board
o, from potable water line flushing and other potable water sources,
d, fire hydrant testing and flushing; with appropriate BMPs,
e. air conditioning condensation,
f landscape irrigation, lawn garden watering and other irrigation waters,
g. passive foundation drains,
h. passive footing drains,
i. water from crawl space pumps,
j. dechlorinated swimming pool discharges,
k. non - commercial vehicle washing,
1. diverted stream flows,
m. rising ground waters and natural springs,
n. ground water infiltration as defined in 40 CFR 35.2005 (20) and uncontaminated
pumped groundwater,
o. flows from riparian habitats and wetlands,
p. emergency fire fighting flows need not be prohibited; however, appropriate BMPs
shall be implemented to the extent practicable; BMPs must be implemented to
reduce pollutants from non - emergency fire fighting flows;
q. waters not otherwise containing wastes as defined in California Water Code Section
13050 (d), and
r. other types of discharges identified and recommended by the permittees and
approved by the Regional Board.
The Executive Officer may add or remove the categories of non -storm water discharges
above.
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5. For purposes of this order, a discharge may include storm water and other types of
discharges as indicated above.
6. Non -storm water discharges from public agency activities into waters of the U.S. are
prohibited unless the non -storm water discharges are permitted by an NPDES permit or are
included in Item 4., above. If permitting or immediate elimination of the non -storm water
discharges is impractical, the permittees shall include in the Environmental Performance
Report, a proposed plan to eliminate the non -storm water discharges in a timely marmer.
7. The permittees shall reduce the discharge of pollutants, including rash and debris, to the
storm water conveyance systems to the maximum extent practicable.
8. Discharges from the MS4s shall be in compliance with the applicable discharge prohibitions
contained in Chapter 5 of the Basin Plan.
IV. RECEIVING WATER LIMITATIONS
1. Discharges from the MS4s shall not cause or contribute to exceedances of receiving water
quality standards (designated beneficial uses and water quality objectives) for surface or
groundwaters.
2. The permittees shall comply with Section IV. 1 of this order through timely implementation
of control measures and other actions to reduce pollutants in urban storm water nmoff in
accordance with the DAMP and other requirements of this order including any
modifications thereto.
3. If exccedances of water quality standards persist, notwithstanding implementation of the
DAMP and other requirements of this order, the pemilttees shall assure compliance with
Section IV. 1 of this order by complying with the following procedure:
a. Upon a determination by either the pemilttees or the Executive Officer that the
discharges from the MS4 systems are causing or contributing to an exceedance of an
applicable water quality standard, the principal pemilttce shall promptly notify and
thereafter submit a report to the Executive Officer that describes BMPs that are
currently being implemented and additional BMPs that will be implemented to prevent
or reduce any pollutants that are causing or contributing to the exceedance of water
quality standards. The report may be incorporated in the annual update to the DAMP
unless the Executive Officer directs an earlier submittal. The report shall include an
implementation schedule. The Executive Officer may require modifications to the
report;
b. Submit any modifications to the report required by the Executive Officer within 30 days
of notification;
c. Within 30 days following approval by the Executive Officer of the report described
above, the permittees shall revise the DAMP and monitoring program to incorporate the
approved modified BMPs that have been and will be implemented, the implementation
schedule, and any additional monitoring required;
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d. Implement the revised DAMP and monitoring program in accordance with the approved
schedule.
So long as the permittees have complied with the procedures set forth above and are
implementing the revised DAMP, the permittees do not have to repeat the same procedure
for continuing or recurring exccedances of the same receiving water limitations unless
directed by the Executive Officer to do so.
4. Nothing in this section shall prevent the Regional Board from enforcing any other provision
of this Order while the permittees prepare and implement the above report.
5. The permittees shall assess the impact of urban storm water discharges on receiving waters,
prioritize the impacted waterbodies based on the severity of the impacts, and propose
remedial actions and schedules for implementing these remedial actions. These shall be
provided in the annual report for each reporting period.
V. IMPLEMENTATION AGREEMENT
1. By July 1, 2002, the existing Implementation Agreement shall be revised to include the
cities that were not signatories to this agreement. A copy of the signature page and any
revisions to the Agreement shall be included in the annual report.
2. By July I of each year, the permittees shall evaluate the storm water management structure
and the Implementation Agreement and determine the need for any revision. The annual
report shall include the findings of this review and a schedule for any needed revisions.
VI. LEGAL AUTHORITY/ENFORCEMENT
1. The permittees shall maintain and enforce adequate legal authority to control discharge of
pollutants into their MS4 systems.
2. The pcxmi tees shall take appropriate enforcement actions against any violators of their
Water Quality Ordinance in accordance with the adopted/established guidelines and
procedures. All enforcement actions shall be consistent with the Enforcement Consistency
Guide.
3. Permittees' ordinances or other local regulatory mechanism shall include sanctions to
ensure compliance. Sanctions shall include but are not limited to: monetary penalties, non -
monetary penalties, bonding requirements, and/or permit denials for non - compliance. If the
permittees' current ordinances do not have a provision for civil or criminal penalties for
violations of their water quality ordinances, the permittees shall enact such ordinances by
July 1, 2003.
4. The permittees shall continue to provide notification to Regional Board staff regarding
storm water related information gathered during site inspections of industrial and
construction sites regulated by the Statewide General Storm Water Permits and at sites that
should be regulated under the State's General Permits. The notification should include any
observed violations of the General Permits, prior history of violations, any enforcement
actions taken by the pernittce, and any other relevant information.
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5. By July 1, 2003, the pemdttees shall review the ordinances establishing legal authority to
determine the effectiveness of these ordinances in prohibiting the following types of
discharges to the MS4s (the permittees may propose appropriate control measures in lieu of
prohibiting these discharges):
a. Sewage, where authority exists;
b. Wash water resulting from the hosing or cleaning of gas stations, and other types of
automobile service stations;
c. Discharges resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility, including motor vehicles, concrete mixing
equipment, portable toilet servicing, etc.;
d. Wash water from mobile auto detailing and washing, steam and pressure cleaning,
carpet cleaning, etc.;
e. Water from cleaning of municipal, industrial, commercial, and residential areas
including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and
outdoor eating or drinking areas, etc;
f. Runoff from material storage areas containing chemicals, fuels, grease, oil, or other
hazardous materials;
g. Discharges from pool or fountain water containing chlorine, biocides, or other
chemicals; pool filter backwash containing debris and chlorine;
h. Pet waste, yard waste, debris, sediment, etc;
i. Restaurant wastes such as grease, floor mat and trash bin wash water, food waste, etc.
VII. ILLEGALIILLICIT CONNECTIONS; LITTER DEBRIS AND TRASH CONTROL
1. The pemtittees shall continue to prohibit all illicit and illegal connections to the MS4s
through their ordinances, inspections, and monitoring programs. If routine inspections or
dry weather monitoring indicate any illicit or illegal connections, they shall be investigated
and eliminated or permitted within 60 days of discovery and identification.
2. All reports of spills, leaks, and/or illegal dumping shall be promptly investigated and, where
appropriate, reported to the Executive Officer within 24 hours (those incidents which may
have an immediate threat to human health or the environment) by phone or e-mail, with a
written report within 5 days. At a minimum, all sewage spills. above 1,000 gallons and all
reportable quantities of hazardous waste spills as per 40CFR 117 and 302 shall be reported
within 24 hours and all other spill incidents shall he included in the annual report. The
pemilttees may propose a reporting program, including reportable incidents and quantities,
jointly with other agencies such as the County Health Care Agency for approval by the
Executive Officer.
3. The permittces shall continue to implement appropriate control measures to reduce and/or
to eliminate the discharge of trash and debris to waters of the U.S. These control measures
shall be reported in the annual report.
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4. By July 1, 2003, the pemtittees shall review their litter /trash control ordinances to determine
the need for any revision. The permittees are encouraged to characterize trash, determine its
main source(s), and develop and implement appropriate BMPs to control trash in urban
runoff. The findings of this review shall be included in the annual report for 2002.
5. By July 1, 2003, the permittees shall determine the need for any additional debris control
measures. The findings shall be included in the annual report for 2002.
VIII. CRITERIA FOR ACCEPTING RUNOFF INTO THE MS4s
1. The peruttees shall ensure that pollutants in runoff from municipal construction, industrial,
and other activities have been reduced to the maximum extent practicable before entering
the MS4s.
2. The pemmittees shall also ensure that the discharges from other industrial and construction
sites entering the MS4 systems meet the technology -based standards.
IX. SEWAGE SPILLS, INFILTRATION INTO MS4 SYSTEMS FROM LEAKING
SANITARY SEWER LINES, AND SEPTIC SYSTEM FAILURES
1. By July 1, 2003, the principal pemmittce, in coordination with the local sewering agencies,
shall propose guidelines to determine and control the impact of infiltration from lealdng
sanitary sewer systems on urban runoff, including storm water, quality. At a minimum,
these guidelines shall include a mechanism to address exfilmition from all sanitary sewer
lines that are 24 inches or larger. The Executive Officer will notify the local sewering
agencies the need to work cooperatively with the perminces in developing these guidelines.
2. By July 1, 2003, the petmittees whose jurisdictions have 50 or more septic tank sub - surface
disposal systems in use shall propose a mechanism to determine the effect of septic system
failures on storm water quality and a mechanism to address such failures.
3. By July 1, 2003, the principal pernittee, in collaboration with the local sewering agencies,
shall propose a unified response guidance to respond to any sewage spills that may have an
impact on receiving water quality.
4. By July 1, 2003, the principal permittee shall review the pemtittees' current oversight
programs for portable toilets to determine the need for any revision.
X. NEW DEVELOPMENT (INCLUDING SIGNIFICANT RE- DEVELOPMENT)
A. GENERAL REQUIREMENTS:
Each pemmittee shall revise and implement any changes in the DAMP to reduce
pollutants in runoff from construction sites during all construction phases. At a
minimum, the DAMP shall address:
a. Pollution Prevention
b. Grading Ordinance
c. Filing of a Notice of Intent (NOI) prior to grading
d. Enforcement of Construction Sites
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The County of Orange, OCFCD, and Incorporated Cities
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e. Reporting of Non - compliance Sites
f. Implementation of WQMP
2. Each permittee shall revise and implement any changes in the DAMP to reduce
pollutants in runoff from new and existing industrial sites. At a minimum the DAMP
shall address:
a. Pollution Prevention
b. Source Identification
c. BMP Implementation
d. Monitoring of Industrial Sites
e. Inspection of Industrial Sites
f. Enforcement of Industrial Sites
g. Reporting of Non-Compliant Industrial Sites
3. Implementation of WQMP
4. Each pemrittce shall minimize the short and long -term impacts on receiving water
quality from new developments and redevelopments. In order to reduce pollutants and
runoff flows from new developments and re- developments to the maximum extent
practicable, pemtittees shall at a minimum:
a. Review General Plan/CEQA Processes
b. Modify the Project Approval Process
c. Conduct Public/Business Education
5. Within 120 days of the issuance of this order, the pennittees shall review their planning
procedures and CEQA document preparation processes to ensure that urban runoff-
related issues are properly considered and addressed. If necessary, these processes shall
be revised to include storm water requirements including appropriate mitigation
measures. These may include revising the General Plan, modifying the project approval
processes, including a section on urban runoff related water quality issues in the CEQA
checklist, and conducting training for project proponents.
6. By July 1, 2004, the permittees shall incorporate watershed protection principles and
policies into the General Plan or equivalent document and provide proof of such action
in the 2004 annual report. These principles and policies shall include the following
considerations:
a. Limit disturbance of natural water bodies and drainage systems; conserve natural
areas; protect slopes and channels; minimize impacts from storm water and urban
runoff on the biological integrity of natural drainage systems and water bodies;
b. Minimize changes in hydrology and pollutant loading; require incorporation of
structural and non - structural controls to mitigate the projected increases in pollutant
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loads and flows; ensure that post - development nmoff rates and velocities from a site
do not exceed the pre - development runoff rates and velocities; minimize the
quantity of storm water directed to impermeable surfaces and the MS4s; maximize
the percentage of permeable surfaces to allow more percolation of storm water into
the ground;
c. Preserve wetlands, riparian corridors, and buffer zones, establish reasonable limits
on the clearing of vegetation from the project site;
d. Investigate the feasibility & effectiveness of water quality wetlands, biofiltration
swales, watershed -scale retrofits, etc.;
e. Provide for appropriate permanent measures to reduce storm water pollutant loads
in storm water from the development site;
f Establish development guidelines for areas particularly susceptible to erosion and
sediment loss;
7. By July 1, 2002, the permittees shall review their current grading/erosion control
ordinances to determine the need for any revision.
8. The permittees shall, through conditions of approval, ensure proper maintenance and
operation of any permanent flood control structures installed in new developments. The
parties responsible for the maintenance and operation of the facilities, and a funding
mechanism for operation and maintenance shall be identified prior to approval of the
project
9. By July 1, 2003, the principal permittee shall identify a new development site to
evaluate the effectiveness of a selected BMP. A proposal for this study shall be
included in the 2003 annual report including details of the project site, the BMP selected
for the study, and a proposed schedule to complete the study.
10. The permittees shall continue to implement the new development BMPs (DAMP,
Appendix G) and BMPs for public works construction (DAMP, Appendix H).
11. Within six months of adoption of this order, the pemrinces shall review thew DAMP to
determine the need for:
a. Re- establishing the New Development Task Force
b. Establishing a Water Quality Plan verification program
c. Revising their grading and erosion control ordinances
d. Adopting a model erosion control ordinance.
B. WATER QUALITY MANAGEMENT PLAN (WQMP) FOR URBAN RUNOFF
(FOR NEW DEVELOPMENT /SIGNIFICANT REDEVELOPMENT):
1. By July 1, 2003, the permittees shall review their existing BMPs for New
Developments (Appendix G) to determine the need for developing a revised WQMP for
urban runoff from new developments/significant re- developments for the type of
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projects listed below. Significant redevelopment is defined as the addition of 5,000 or
more square feet of impervious surface on an already developed site. This includes
additional buildings and/or structures, extension of existing footprint of a building,
construction of puking lots, etc.
a. All significant r development projects.
b. Home subdivisions of 10 units or more. This includes single family residences,
multi- family residence, condominiums, apartments, etc.
c. Commercial developments of 100,000 square feet or more. This includes non-
residential developments such as hospitals, educational institutions (the pemuttees
may lack authority to regulate some of these developments), recreational facilities,
mini- malls, hotels, office buildings, warehouses, and light industrial facilities.
d. Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532 -7534, 7536-
7539).
e. Restaurants where the land area of development is 5,000 square feet or more.
f. All hillside developments on 5,000 square feet or more. This includes
developments on areas with known erosive soil conditions or where the natural
slope is twenty-five percent or more.
g. Developments of 2,500 square feet of impervious surface or more adjacent to
(within 200 feet) or discharging directly into environmentally sensitive areas such as
areas designated in the Ocean Plan as areas of special biological significance or
waterbodies listed on the CWA Section 303(d) list of impaired waters.
h. Parking lots of 5,000 square feet or more exposed to storm water. Parking lot is
defined as land area or facility for the temporary storage of motor vehicles.
i. Retail gasoline outlets.
The permittees are encouraged to develop and implement regional and/or watershed
management programs. WQMP shall include BMPs for source control, pollution
prevention, and/or structural treatment BMPs. For all structural treatment controls,
the WQMP shall identify the responsible party for maintenance of the treatment
systems, and a funding source or sources for its operation and maintenance. The goal
of the WQMP is to develop and implement practicable programs and policies to
ensure that urbanization does not significantly change the hydrology for the site,
increase the urban runoff flow rates or velocities or increase the pollutant loads. This
goal may be achieved through watershed -based structural treatment controls, in
combination with site - specific BMPs. The WQMP shall reflect consideration of the
following goals, which may be addressed through on- site -and/or watershed -based
BMPs.
2. The pollutants in post - development runoff shall be reduced to the maximum extent
practicable.
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3. The discharge of any listed pollutant in levels exceeding pre - development levels is
prohibited to impaired waterbodies on the 303(d) list. This requirement may be met by
maintaining the total load of the listed pollutant to pre-development levels.
4. If these goals are not properly addressed in the WQMP, and in the absence of an
approved WQMP by January 1, 2004, the structural BMPs shall be sized to comply
with one of the following numeric sizing criteria:
A. Volume
Volume -based BMPs shall be designed to infiltrate, filter, or treat either:
1. The volume of runoff produced from a 24 -hour 85" percentile storm event,
as determined from the local historical rainfall record; or
2. The volume of annual runoff produced by the 85' percentile 24 -hour rainfall
event, determined as the maximized capture storm water volume for the
area, from the formula recommended in Urban Runoff Ouality Management,
WEF Manual of Practice No. 23 /ASCE Manual of Practice No 87 (1998)•
or
3. The volume of annual runoff based on unit basin storage volume, to achieve
90% or more volume treatment by the method recommended in California
Stormwater Best Management Practices Handbook — Industrial/commercial
(1993),
or
4. The volume of runoff, as determined from the local historical rainfall record,
that achieves approximately the same reduction in pollutant loads and flows
as achieved by mitigation of the 85' percentile 24 -hour runoff event;
OR
B. Flow
Flow -based BMPS shall be designed to infiltrate, filter, or treat either:
1. The maximum flow rate of runoff produced from a rainfall intensity of 0.2
inch of rainfall per hour, or
2. The maximum flow rate of runoff produced by the 85' percentile hourly
rainfall intensity, as determined from the local historical rainfall record,
multiplied by a factor of two; or
3. The maximum flow rate of runoff, as determined from the local historical
rainfall record, that achieves approximately the same reduction in pollutant
loads and flows as achieved by mitigation of the 85' percentile hourly
rainfall intensity multiplied by a factor of two.
C. Groundwater Protection
Any structural infiltration BMPs shall meet the following minimum requirements:
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1. Use of structural infiltration treatment BMPs shall not cause or contribute to
an exceedance of groundwater water quality objectives.
2. Source control and pollution prevention control BMPs shall be implemented
to protect groundwater quality.
3. Structural infiltration treatment BMPs shall not be used in industrial or high
vehicular traffic areas (25,000 or greater average daily traffic).
4. Structural infiltration treatment BMPs shall be located at least 500 feet
horizontally from any water supply wells.
5. Structural infiltration treatment BMPs shall not cause a nuisance, including
odor t r vectors, or pollution.
The pertnittees may propose any equivalent sizing criteria for treatment BMPs or other
controls that will achieve greater or substantially similar pollution control benefits. in
the absence of an approved sizing criterion, the pemilttees shall implement the above
stated sizing criteria. If the BMP is not technically feasible or if the cost of BNlP
implementation greatly outweighs the pollution control benefits, the pemuttees may
grant a waiver of the numeric sizing criteria. To address any cost savings from such
waivers, the pertittees may propose to establish an urban runoff fund to be used for
urban water quality improvement projects within the same watershed.
XI. PUBLIC EDUCATION AND OUTREACH
1. The pemdttees shall continue to implement the public education efforts already underway
and shall implement most effective elements of the comprehensive public and business
education strategy contained in the Report of Waste Discharge/DAMP. By July 1, 2002, the
pemdttees shall complete a public awareness survey to determine the effectiveness of the
cuaent public and business education strategy and provide a future action plan.
2. When feasible, the peiminces shall participate in joint outreach with other programs
including, but not limited to, the State of California Storm Water Quality Task Force,
Caltrans, and other municipal storm water programs to ensure that a consistent message on
storm water pollution prevention is disseminated to the public. The permittees shall
sponsor or staff a storm water table or booth at community, regional, and/or countywide
events to distribute public education materials to the public. Each permittee shall
participate in at least one event per year.
3. By December 1, 2001, the permittees shall establish a Public Education Committee to
provide oversight and guidance for the implementation of the public education program.
The Public Education Committee shall meet at least twice per year. The Public Education
Committee shall make recommendations for any changes to the public and business
education program. The goal of the public and business education program shall be to
target 100° /a of the residents including businesses, commercial and industrial
establishments. By July 1, 2003, the public Education Committee shall develop BMP
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guidance for restaurants, automotive service centers, and gasoline service stations for the
industrial facility inspectors to distribute to these facilities during inspections.
4. Within six months of adoption of this order, the pemuttees shall develop public education
materials to encourage the public to report (including a hotline line number to report) illegal
dumping from residential, industrial, construction and commercial sites into public streets,
storm drains and other waterbodies.
5. By July 1, 2003, the pemtittees shall develop BMP guidance for the control of those
potentially polluting activities not otherwise regulated by any agency including guidelines
for the household use of fertilizers, pesticides, herbicides, and other chemicals, guidance for
mobile vehicle maintenance, carpet cleaners, commercial landscape maintenance, and
pavement cutting. These guidance documents shall be distributed to the public, trade
associations, etc., through participation in community events, trade association meetings,
and/or mail.
6. By July 1, 2002, the pemdttees shall establish a mechanism to ensure (prior to issuance of
any local permits or other approvals) that all construction projects on five acres or more and
all industrial sites that are required to get coverage under the State's General Permit have
appropriate coverage. The permittecs shall also establish a mechanism (by July 1, 2002) to
ensure that local permits for all proposed construction sites and industrial facilities are
conditioned upon proof of obtaining coverage under the State's General Permit.
XII. MUNICIPAL FACILITIES/ACTIVITIES
1. Each pemtittee shall implement the recommendations in the Environmental Performance
Report to ensure that public agency facilities and activities do not cause or contribute to a
pollution or nuisance in receiving waters. By July 1 of each year, the pemuttees shall
review all their activities and facilities to determine the need for any revisions to the
Environmental Performance Reports. The annual report shall include the findings of this
review and a schedule for any needed revisions. All revisions should consider a pollution
prevention strategy to ensure that the public agency facilities and/or activities that are
currently not required to obtain coverage under the State's general storm water permits are
not sources of pollutants into the waters of the U.S.
2. In accordance with the prioritization developed by the pernittees, the permittees shall
complete an assessment of their flood control facilities to evaluate opportunities to
configure and/or to reconfigure channel segments to function as pollution control devices
and to optimize beneficial uses. These modifications may include in- channel sediment
basins, bank stabilization, water treatment wetlands, etc.
3. By July 1, 2002, the principal permittee shall develop and distribute model maintenance
procedures for public agency activities such as street sweeping, catch basin stenciling,
drainage facility maintenance, etc. This shall be reported in the 2002 annual report.
4. By July 1, 2002, the principal pernittee shall develop and distribute BMP guidance for
public agency and contract field operations and maintenance staff to provide guidance in
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appropriate pollution control measures, how to respond to spills and reports of illegal
discharges, etc. This shall be reported in the 2002 annual report.
5. At least on an annual basis, the principal pemuttee shall provide training to the public
agency staff and to contract field operations staff on fertilizer and pesticide management,
model maintenance procedures, implementation of environmental performance reporting
program and other pollution control measures. Each pemuttee shall attend at least three of
these training sessions during the five year term of this permit (from 2001 to 2006).
6. By July 1, 2002, the principal pemitme shall develop a model maintenance procedure for
drainage facilities. This shall be included in the 2002 annual report. Each permittee shall
inspect and maintain at least 80% of its drainage facilities on an annual basis, with 100% of
the facilities included in a two -year period, using the model maintenance procedures
developed by the principal pemrittee. This shall be included in the annual report.
7. By July 1, 2002, the permittees shall evaluate the applicability of the Environmental
Performance Program to municipal maintenance contracts, contract for field maintenance
operations, and leases. This shall be included in the 2002 annual report.
XUL MUNICIPAL CONSTRUCTION PROJECTS /ACTIVITIES
1. This order authorizes the discharge of storm water runoff from construction projects that
may result in land disturbance of five (5) acres or more (or less than five acres, if it is part of
a larger common plan of development or sale which is five acres or more) that are under
ownership and/or direct responsibility of any of the pennittees. All pernittee construction
activities shall be in accordance with DAMP, Appendix H.
2. Prior to commencement of construction activities, the pemdttees shall notify the Executive
Officer of the Regional Board of the proposed construction project. Upon completion of the
construction project, the Executive Officer shall be notified of the completion of the project.
3. The pennittees shall develop and implement a storm water pollution prevention plan
( SWPPP) and a monitoring program that is specific for the construction project prior to the
commencement of any of the construction activities. The SWPPP shall be kept at the
construction site and released to the public and/or Regional Board staff upon request.
4. The SWPPP and the monitoring program for the construction projects shall be consistent
with the requirements of the latest version of the State's General Construction Activity
Storm Water Pernit.
5. The permittees shall give advance notice to the Executive Officer of the Regional Board of
any planned changes in the construction activity, which may result in non - compliance with
the latest version of the State's General Construction Activity Storm Water Permit.
6. All other terms and conditions of the latest version of the State's General Construction
Activity Storm Water Permit shall be applicable.
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XIV. SUB - WATERSHEDS AND TMDL IMPLEMENTATION
1. The pemilttees shall comply with the following waste load allocations for nutrients by
implementing the BMPs contained in Appendix N (Section 12) and in accordance with the
May 18, 1999, Water Code Section 13267 letter from the Executive Officer.
(This section intentionally left blank.)
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Table 3.
Seasonal Load Allocations of Total Nitrogen for the Newport Bav Watershed.
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. TIN = (NU3 +NB3).
r TN = (TIN + Organic N).
1990 -1997 annual average (summer loading and winter loading).
6 Estimated annual average (summer and winter loading).
7 Total nitrogen winter loading limit applies between October 1 and March 31 when the mean daily flow rate at
San Diego Creek at Campus Drive is below 50 cubic feet per second (cfs), and when the mean daily flow
rate in San Diego Creek at Campus Drive is above 50 cubic feet per second (cfs), but not as the result of
precipitation.
Compliance to be achieved no later than this date. The Regional Board may require earlier compliance with
these targets when it is feasible and reasonable.
9 Daily load limit applies upon commencement of discharge.
10 Lbs/day TN (monthly average).
Assumes 67 non -storm days.
Table 4.
Annual Total Phosphorous Load Allocations For The Newport Bay Watershed.
2002 Allocation
lbs/year TV
2007 Allocation
Ibs/yet r TV
2002
86,912
2007
2012
Nutrient
1990 -1997
2002
Summer
2007
Summer
2012
Winter
TMDL
Loading
Allocation'
Allocation
Allocation'
Allocation
Allocation'
Allocation
(Apr - Sept)'
(Apr- Sept)'
(Oct - Mar)',&°
Newport
Lbs/year
lbs/day
Lbs/season
lbs/day
Ibs/season
lbs/day
Lbs/season TN
Bay
TN'
TN'o
TN
TN10
TN
TN10
Watershed
Wasteload
Allocation
Urban
277,1316
20,785
16,628
55,442
runoff
5 year target
10 year
15 year target
target
. TIN = (NU3 +NB3).
r TN = (TIN + Organic N).
1990 -1997 annual average (summer loading and winter loading).
6 Estimated annual average (summer and winter loading).
7 Total nitrogen winter loading limit applies between October 1 and March 31 when the mean daily flow rate at
San Diego Creek at Campus Drive is below 50 cubic feet per second (cfs), and when the mean daily flow
rate in San Diego Creek at Campus Drive is above 50 cubic feet per second (cfs), but not as the result of
precipitation.
Compliance to be achieved no later than this date. The Regional Board may require earlier compliance with
these targets when it is feasible and reasonable.
9 Daily load limit applies upon commencement of discharge.
10 Lbs/day TN (monthly average).
Assumes 67 non -storm days.
Table 4.
Annual Total Phosphorous Load Allocations For The Newport Bay Watershed.
Uomphance to be aclueved no later than this date. The Regional Board may require earlier compliance with
these targets when it is feasible and reasonable.
2002 Allocation
lbs/year TV
2007 Allocation
Ibs/yet r TV
TMDL
86,912
62,080
Urban areas
4,102
2,960
Uomphance to be aclueved no later than this date. The Regional Board may require earlier compliance with
these targets when it is feasible and reasonable.
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Table 5, Annual Total Nitrogen Load Allocations For San Diego Creek, Reach 2 During
Non -Storm Conditions.'
' Total nitrogen loading limit applies when the mean daily flow =San San Diego Creek at Culver Drive is below
25 cubic feet per second (cfs), and when the mean daily flow ate in San Diego Creek at Culver Drive is above 25
cubic feet per second (cfs), but not as the result of precipitation.
2 Compliance to be achieved no later than this dale. The Regional Board may require earlier compliance
with these targets when it is feasible and reasonable.
2. The petmittees shall comply with the following waste load allocations for sediment by
implementing the BMPs contained in Appendix N of the DAMP and the January 13, 1999,
Water Code Section 13267 letter from the Executive Officer.
a. The load allocations for sediment discharges to Newport Bay from urban areas shall
not exceed 2,500 tons per year, implemented as a 10 -year running annual average.
b. The load allocations for sediment discharges to San Diego Creek and its tributaries
from urban areas shall not exceed 2,500 tons per year, implemented as a 10 -year
running annual average.
3. The permittees shall comply with the requirements, in accordance With the January 07,
2000, Water Code Section 13267 letter from the Executive Officer, for further studies
related to the following waste load allocations for fecal colifomr in Newport Bay and revise
Appendix N of the DAMP to include implementation measures and schedules.
a. The following waste load allocations must be achieved as soon as possible but no later
than December 30, 2013.
The fecal coliform in urban runoff, including storm water, discharges to Newport Bay shall
not exceed 200 organisms/100mL (5-day sample/30-days geometric mean), and not more
than 10% of the samples exceed 400 organisms/100mL for any 30 -day period.
b. The following waste load allocations must be achieved as soon as possible but no later
that December 30, 2019
The fecal coliform in urban mnoff, including storm water, discharges to Newport Bay shall
be less than 14 MPN /100mL (monthly median), and not more than 10% of the samples
exceed 43 MPN /100mL.
4. This order may be reopened to include additional requirements based on new wasteload
allocations and/or for failure to implement the existing wasteload allocations.
XV. PROGRAM MANAGEMENT/DAMPREVIEW
1. By July 1 of each year, the pemtittees shall evaluate the DAMP to determine the need for
any revisions. At a minimum, the first annual review after adoption of this order shall
include the following:
2012 Allocation
lbs/day TN'
TMDL
141bs/day (TN)
Waste Load Allocation (Urban runoff)
5.5 Ibs/day (TN)
' Total nitrogen loading limit applies when the mean daily flow =San San Diego Creek at Culver Drive is below
25 cubic feet per second (cfs), and when the mean daily flow ate in San Diego Creek at Culver Drive is above 25
cubic feet per second (cfs), but not as the result of precipitation.
2 Compliance to be achieved no later than this dale. The Regional Board may require earlier compliance
with these targets when it is feasible and reasonable.
2. The petmittees shall comply with the following waste load allocations for sediment by
implementing the BMPs contained in Appendix N of the DAMP and the January 13, 1999,
Water Code Section 13267 letter from the Executive Officer.
a. The load allocations for sediment discharges to Newport Bay from urban areas shall
not exceed 2,500 tons per year, implemented as a 10 -year running annual average.
b. The load allocations for sediment discharges to San Diego Creek and its tributaries
from urban areas shall not exceed 2,500 tons per year, implemented as a 10 -year
running annual average.
3. The permittees shall comply with the requirements, in accordance With the January 07,
2000, Water Code Section 13267 letter from the Executive Officer, for further studies
related to the following waste load allocations for fecal colifomr in Newport Bay and revise
Appendix N of the DAMP to include implementation measures and schedules.
a. The following waste load allocations must be achieved as soon as possible but no later
than December 30, 2013.
The fecal coliform in urban runoff, including storm water, discharges to Newport Bay shall
not exceed 200 organisms/100mL (5-day sample/30-days geometric mean), and not more
than 10% of the samples exceed 400 organisms/100mL for any 30 -day period.
b. The following waste load allocations must be achieved as soon as possible but no later
that December 30, 2019
The fecal coliform in urban mnoff, including storm water, discharges to Newport Bay shall
be less than 14 MPN /100mL (monthly median), and not more than 10% of the samples
exceed 43 MPN /100mL.
4. This order may be reopened to include additional requirements based on new wasteload
allocations and/or for failure to implement the existing wasteload allocations.
XV. PROGRAM MANAGEMENT/DAMPREVIEW
1. By July 1 of each year, the pemtittees shall evaluate the DAMP to determine the need for
any revisions. At a minimum, the first annual review after adoption of this order shall
include the following:
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a. Any additional formal training needs for municipal employees
b. Need for additional coordinating meeting/training for the designated NPDES
inspectors.
2. The annual report shall include the findings of this review and a schedule for any needed
revisions or a copy of the amended DAMP with the proposed changes.
3. The Permittee Committee shall meet at least six times a year to discuss issues related to
permit implementation and regional and statewide issues. Each permittee's designated
representative or a designated alternate should attend at least 75% of these meetings.
XVI. FISCAL RESOURCES
1. The permittees shall prepare and submit a unified fiscal analyses to the Executive Officer of
the Regional Board. The fiscal analysis shall be submitted with the Annual Report
document no later than November 15th of each year and shall, at a minimum, include the
following:
a. Each permittee's expenditures for the previous fiscal year,
b. Each permittee's budget for the current fiscal year,
c. A description of the source of funds, and
d. Each permittee's estimated budget for the next fiscal year.
XVIL PROVISIONS
A. GENERAL
I. Pemtittees shall demonstrate compliance with all the requirements in this order and
specifically with Section III. Discharge Limitations and Section W. Receiving Water
Limitations, through timely implementation of their DAMP and any approved
modifications, revisions, or amendments developed pursuant to this order. The DAMP,
as included in the Report of Waste Discharge, including any approved amendments
thereto, is hereby made an enforceable component of this order.
2. The perrninces shall implement all elements of the DAMP. Where the dates are
different than those of the order, the dates in the order shall prevail. Any proposed
revisions to the DAMP shall be submitted with the Annual Report to the Executive
Officer of the Regional Board for review and approval. All approved revisions to the
DAMP shall be implemented as per the time schedules approved by the Executive
Officer.
3. The permittees shall comply with Monitoring and Reporting Program No. 01 -20, which
is hereby made a part of this order and any revisions thereto. The Executive Officer is
authorized to revise the Monitoring and Reporting Program and also to allow the
permittees to participate in regional, statewide, national or other monitoring programs in
lieu of or in addition to Monitoring and Reporting Program No. 01 -20.
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4. Upon approval by the Executive Officer of the Regional Board, all plans, reports and
subsequent amendments as required by this order shall be implemented and shall
become an enforceable part of this order. Prior to approval by the Executive Officer,
these plans, reports and amendments shall not be considered as an enforceable part of
this order.
5. The pemtittees shall report to the Executive Officer of the Regional Board:
a. Any enforcement actions and discharges of storm or non -stone water, known to the
petmittees, which may have an impact on human health or the environment,
b. Any suspected or reported activities on federal, state, or other entity's land or
facilities, where the pemtittees do not have any jurisdiction, and where the
suspected or reported activities may be contributing pollutants to waters of the US.
(Also see reporting requirements in Monitoring and Reporting Program No. 01 -20)
6. The pemdttm shall not issue occupancy permits unless the applicant is informed of his
obligation under the State's General Industrial Activities Storm Water Permit. The
pemtittees shall not issue any grading pemdt for construction activities which will
disturb five acres or more (or less than five acres, if it is part of a larger common plan of
development or sale which is five acres or more) until proof of coverage with the State's
General Construction Activity Stomt Water Permit is verified The proof of coverage
may include a letter from the Regional Board office, a copy of the Notice of Intent,
Waste Discharger Identification number, etc.
7. Permit application and special NPDES program requirements contained in 40 CFR
122.21 (a), (b), (d)(2), (0, (p); 122.41 (a), (b), (c), (d), (e), (f), (g), (h), (i), G), (k), 0);
and 122.42 (c) are incorporated into this order by reference.
XVHL PERMIT EXPIRATION AND RENEWAL
1. This order expires on June 1, 2006 and the pemtittees must file a Report of Waste
Discharge (permit application) no later than 180 days in advance of such expiration date
as application for issuance of new waste discharge requirements. The Report of Waste
Discharge shall, at a minimum, include the following:
a. Any revisions to the Drainage Area Management Plan including, but not limited to,
all the activities the permitmes propose to undertake during the next permit term,
goals and objectives of such activities, an evaluation of the need for additional
source control and/or structural BMPs, any proposed pilot studies, etc.;
b. Changes in land use and/or population including map updates; and
c. Any significant changes to the storm drain systems, outfalls, detention or retention
basins or dams, and other controls including map updates of the storm drain
systems.
d. Any new or revised program elements and compliance schedule(s) necessary to
comply with Section IV of this order.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areanide Urban Storm Water Runoff
33 of 44
2. This Order may be modified, revoked or reissued prior to its expiration date for the
following reasons:
a. To address significant changes in 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 of statewide water quality control plans
adopted by the State Water Resources Control Board or any amendments to the
Basin Plan approved by the Regional Board, the State Board, and, if necessary, by
the Office of Administrative Law; or
c. To comply with any applicable requirements, guidelines, or regulations issued or
approved under the Clean Water Act, if the requirements, guidelines, or regulations
contain different conditions or additional requirements than those included in this
order.
d. To incorporate any requirements imposed upon the perminces through the TMDL
process.
3. This order shall serve as a National Pollutant Discharge Elimination System (NPDES)
Permit pursuant to Section 402 (p) of the Clean Water Act, or amendments thereto, and
shall become effective ten days after the date of its adoption provided the Regional
Administrator of the U. S. EPA has no objections. If the Regional Administrator
objects to its issuance, the permit shall not become effective until such objection is
withdrawn.
4. Order No. 96 -31 is hereby rescinded.
I, Gerard Thibeault, Executive Officer, do hereby certify that the foregoing is a full, true, and
coned copy of an order adopted by the California Regional Water Quality Control Board, Santa
Ana Region, on June 1, 2001.
Gerard J. Tbibeault
Executive Officer
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Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
Order No. 01 -20
Attachment "C"
LIST OF OTHER ENTITIES WITH THE POTENTIAL TO DISCHARGE
POLLUTANTS TO THE ORANGE COUNTY STORM WATER SYSTEM
California Department of Transportation (Caltrans), District 12
Southern Pacific Railroad
Atchison, Topeka & Santa Fe Railway Company
Seal Beach Naval Weapons Station
Seal Beach Naval Reserve Center, Los Alamitos
U. S. Marine Corps Air Station, El Toro
National Forest Service
Universities and Colleees
University of California, Irvine
California State University, Fullerton
Chapman College
Coastline College
Cypress College
Fullerton College
Irvine Valley College
Golden West College
Orange Coast College
Rancho Santiago College
School Districts
Anaheim Elementary School District
Anaheim Union High School District
Brea - Olinda Unified School District
Buena Park Joint Union High School District
Centralia Elementary School District
Cypress Elementary School District
Fountain Valley Union High School District
Fullerton Joint Union High School District
Garden Grove Unified School District
Huntington Beach Elementary School District
Huntington Beach Union High School District
Irvine Unified Union High School District
La Habra Joint Union High School District
Los Alamitos Unified School District
Lowell Joint Union High School District
Magnolia Elementary School District
36 of 44
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
Newport-Mesa Unified School District
Ocean View Union High School District
Orange Unified School District
37 of 44
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
Order No. 01 -20
Attachment "C" (cont'd)
Placentia Unified School District
Santa Ana Unified School District
Savanna Union High School District
Tustin Unified School District
Westminster Union High School District
Yorba Linda Joint Union High School District
Hospitals
Anaheim General Hospital
Brea Community Hospital
Chapman General Hospital
Children's Hospital of Orange County, Grange
Coastal Communities Hospital, Santa Ana
Fairview Hospital
FHP Hospital, Fountain Valley
Fountain Valley Regional Hospital and Medical Center
Hoag Hospital, Newport Beach
Kaiser Foundation Hospital, Anaheim
Orange County Community Hospital, Buena Park
Pacifica Community Hospital, Huntington Beach
Placentia Linda Community Hospital
Santa Ana Hospital and Medical Center
St. Joseph's Hospital, Orange
U.C. Irvine Medical Center
Vencor Hospital of Orange Comity, Westminster
Whittier Hospital and Medical Center, Buena Park
WatedWastewater Aecncies
Santa Ana Watershed Project Authority
Irvine Ranch Water District
Los Aliso Water District
El Toro Water District
San Bernardino County Flood Control District
Riverside County Flood Control & Water Conservation District
L.A. County Department of Public Works
County Sanitation Districts of Orange County
Orange County Water District
Metropolitan Water District
38 of 44
California Regional Water Quality Control Board
Santa Ana Region
Monitoring and Reporting Program No. 01 -20
NPDES No. CAS618030
for
the County of Orange, Orange County Flood Control District,
and
Incorporated Cities of Orange County Within the Santa Ana Region
Areawide Urban Storm Water Runoff
L GENERAL
1. Revisions of the monitoring and reporting program are appropriate to ensure that the
pemilttees are in compliance with requirements and provisions contained in this order.
Revisions may be made under the direction of the Executive Officer at any time during the
term, and may include a reduction or increase in the number of parameters to be monitored,
the frequency of monitoring, or the number and size of samples collected.
2. The Executive Officer is authorized to allow the pe nittees to participate in statewide,
national, or other monitoring programs in lieu of this monitoring program.
3. All sample collection, handling, storage, and analysis shall be in accordance with 40 CFR
Part 136 or other methods approved by the Executive Officer.
4. The penninces are authorized to complene t their monitoring data with other monitoring
sources provided the monitoring conditions and sources are similar to those in the Santa
Ana Watershed.
II. OBJECTIVES
The 1999 Water Quality Monitoring Program prioritized selected monitoring locations in Orange
County based on a list of Critical Aquatic Resources and "Warm Spots ". This prioritization is
based on an analysis of prior years monitoring data and other available data It is expected that data
collection for this monitoring program will be completed by June 2003. The pennittees also
participate in the Regional Monitoring Program for San Diego Creek Nutrient TMDL and other
regional monitoring programs such as the Southern California Coastal Water Research Project.
The overall goal of these monitoring programs is to develop and support an effective watershed
management program. The following are the major objectives:
1. To develop and support an effective municipal urban runoff and non -point source control
program.
2. To define water quality status, trends, and pollutants of concern associated with urban storm
water discharges and their impact on the beneficial uses of the receiving waters.
M &RP Order No. 01 -20, NPDES No. CAS618030 40 of 44
3. To characterize pollutants associated with urban storm water discharges and to assess the
influence of urban land uses on water quality and the beneficial uses of receiving waters.
4. To identify significant water quality problems related to urban storm water discharges.
5. To identify other sources of pollutants in storm water runoff to the maximum extent
possible (e.g., atmospheric deposition, contaminated sediments, other non -point sources, etc.).
6. To identify and prohibit illicit discharges.
7. To identify those waters, which without additional action to control pollution from urban
storm water discharges cannot reasonably be expected to attain or maintain applicable water
quality standards required to sustain the beneficial uses in the Basin Plan (TMDL
monitoring).
S. To evaluate the effectiveness of existing municipal storm water quality management
programs, including an estimate of pollutant reductions achieved by the structural and
nonstructural BMPs implemented by the permittees.
9. To evaluate costs and benefits of proposed municipal storm water quality control programs
to the stakeholders including the public.
The Regional Board recognizes that these objectives may not be attainable during this permit
period and authorizes the Executive Officer to evaluate and to determine adequate progress toward
meeting each objective.
III. MONITORING PROGRAM REQUIREMENTS
1. The pennittces shall continue to implement the 1999 Water Quality Monitoring Program
until development and implementation of other acceptable monitoring programs.
2. The permittees shall re- evaluate the monitoring program priorities based on the results of
each year's monitoring results and submit any proposed changes to the Executive Officer
for review and approval.
3. By June 15, 2003, the permittees shall develop and submit for approval of the Executive
Officer an integrated watershed - monitoring program geared towards achieving the above
stated goals. This program may be developed in cooperation with the permittees from the
San Bernardino and Riverside counties and/or other public agencies or organizations. The
development and implementation of the monitoring program shall be in accordance with the
time schedules prescribed by the Executive Officer. At a minimum, the program shall
include the following:
A. Uniform guidelines for quality control, quality assurance, data collection and data
analysis.
M &RP Order No. 01 -20, NPDES No. CAS619030
41 of 44
B. A mechanism for the collection, analysis and interpretation of existing data from local,
regional or national monitoring programs. These data sources may be utilized to
characterize different storm water sources; to determine pollutant generation, transport
and fate; to develop a relationship between land use, development size, storm size and
the event mean concentration of pollutants; to determine spatial and temporal variances
in storm water quality and seasonal and other bias in the collected data; and to identify
any unique features of the Santa Ana Watershed. The permittees are encouraged to use
data from similar studies, if available.
C. A description of the monitoring program including:
D. The number of monitoring stations;
E. Monitoring locations within flood control channels, bays and estuaries, coastal areas,
major outfalls, and other receiving waters;
F. Environmental indicators (e.g., ecosystem, biological, habitat, chemical, sediment,
stream health, etc.) chosen for monitoring;
G. Parameters selected for field screening and for laboratory work; and
H. Total number of samples to be collected from each station, frequency of sampling
during wet and dry weather, short duration or long duration storm events, type of
samples (grab, 24 -hour composite, etc.), and the type of sampling equipment.
I. A mechanism for analyzing the collected data and interpreting the results including an
evaluation of the effectiveness of the management practices, and need for any
refinement of the management practices.
J. A description of the responsibilities of all the participants in this program including cost
sharing.
IV. REPORTING
All progress reports and proposed strategies and plans required by this order shall be signed
by the principal pemittee and copies shall be submitted to the Executive Officer of the
Regional Board under penalty of perjury.
2. The permittees shall submit an ANNUAL PROGRESS REPORT to the Executive Officer
of the Regional Board and to the Regional Administrator of the U.S. EPA, Region 9, no
later than November 15th, of each year. This progress report may be submitted in a
mutually agreeable electronic format. At a minimum, annual progress report shall include
the following:
M &RP Order No. 01 -20, NPDES No. CAS618030
42 of44
a. A review of the status of program implementation and compliance (or non-
compliance) with the schedules contained in this order;
b. An assessment of the effectiveness of control measures established under the illicit
discharge elimination program and the Drainage Area Management Plan. The
effectiveness may be measured in terms of how successfiil the program has been in
eliminating illicit/illegal discharges and reducing pollutant loads in storm water
discharges;
C. An assessment of any storm water management program modifications made to
comply with Clean Water Act requirements to reduce the discharge of pollutants to
the maximum extent practicable;
d. A summary and analysis of monitoring results from the previous year and any
changes to the monitoring program for the following year;
e. A fiscal analysis progress report as described in Section V., Provision, 25, of this
order,
f. A draft workplan which describes the proposed implementation of the DAMP for
next fiscal year. The workplan shall include clearly defined tasks, responsibilities,
and schedules for implementation of the storm water program and each perimeter's
actions for the next fiscal year, and
g. Major changes in any previously submitted plans/policies.
3. The permittees shall be responsible for the submittal of all required information /materials
needed to comply with this order in a timely manner to the principal permittee. All such
submittals shall be signed by a duly authorized representative of the permittee under penalty
of perjury.
V. REPORTING SCHEDULE
All reports required by this order shall be submitted to the Executive Officer of the Regional Board
in accordance with the following schedule:
ITEM
COMPLETION
REPORT
DATE
DUE DATE
Review planning procedures and CEQA
Within 120 days of
Nov l5, 2002
document preparation processes
issuance of this order
Establish Public Education Committee
December 1, 2001
Nov 15, 2002
M &RP Order No. 01 -20, NPDES No. CAS61So30
Review DAMP
Within 6 months of
Nov 15, 2002
adoption of this order
Develop public education materials
Within 6 months of
Nov l5, 2002
adoption of this order
Establish mechanism to ensure local permits
July 1, 2002
Nov 15, 2003
for proposed construction sites and industrial
facilities are conditioned upon proof of
obtaining coverage under the state General
Permit
Develop and distribute model maintenance
July 1, 2002
Nov 15, 2003
procedures for public agency activities
Develop and distribute BMP guidance for
July 1, 2002
Nov 15, 2003
public agency and contract field operations
and maintenance staff
Develop model maintenance procedures for
July 1, 2002
Nov 15, 2003
drainage facilities
Evaluate Environmental Perfoanance
July 1, 2002
Nov 15, 2003
Program applicability to municipal
maintenance contracts, contract for field
maintenance operations, and leases
rent grading/erosion control
Ju ly 1, 2002
Nov 15, 2003
EReview
tion Agreement Revision
July 1, 2002
Nov 15, 2003
Control Ordinance review
July 1, 2002
Nov 15, 2003
Additional Debris Control Measures
July 1, 2002
Nov -15,2002
Determination
Complete Public Awareness Survey
July -1,2002
Nov 15, 2003
Establish mechanism to ensure all
July 1, 2002
Nov l5, 2003
construction sites and industrial facilities, as
required, are covered by the state General
Permit
Proposed Monitoring Program
June 15, 2003
Nov 15, 2004
Legal Authority & Enforcement Strategy
July i, 2003
Nov 15, 2004
Certification
Review effectiveness of ordinances in
July 1, 2003
Nov 15, 2004
prohibiting discharges to MS4's as listed in
43 of 44
M &RP Order No. 01 -20, NPDES No. CAS619030
Section
Proposs to determine and control
f
July 1, 2003
Nov 15, 2004
impact on from leaking sanitary
sewer s
Propose mechanism to determine effect of
July 1, 2003
Nov 15, 2004
septic system failures on storm water quality
and a mechanism to address failures
Unified Response Guidance for Sewage
July 1, 2003
Nov 15, 2004
Spills Impacting Receiving Water Quality
Review oversight of portable toilets to
July 1, 2003
Nov 15, 2004
determine need for any revision
BMP Guidance for Restaurants, Automotive
July 1, 2003
Nov 15, 2004
Service Centers, and Gasoline Service
Stations, developed by Public Education
Committee
BMP Guidance for Control of Potential
July 1, 2003
Nov 15, 2004
Polluting Activities not otherwise regulated
Review existing BMPs for New
July 1, 2003
Nov 15, 2004
Developments and Water Quality
Management Plan to determine need for
development of Water Quality Protection
Plan
New Development BMP Certification
July 1, 2003
Nov 15, 2004
Incorporate watershed protection principles
July 1, 2004
Nov 15, 2005
and policies into the General Plan
Report of Waste Discharge
ISO days before permit
Dec. 1, 2005
expires
Annual Report/Fiscal Analysis
November 15th of each
Nov 15
year
Evaluate Storm Water Management structure
July 1 at of each year
Nov 15
and Implementation Agreement
Review Environmental Performance Reports
July 1 st of each year
Nov 15
Provide training to public agency staff and to
Annually
Nov 15
contract field operations staff
Re- evaluate monitoring program priorities
Annually
Nov 15
based on previous year's data
44 of 44
M &RP Order No. 01 -20, NPDES No. CAS618030
Evaluate the DAMP
July 1 st of each year
Nov 15
Pemrittee Committee meetings to discuss
Held at least 6 times
Nov 15
pennit implementation and regional and
each year
state-wide issues
45 of 44
Ordered by
Gerard J. Thibeault
Executive Officer
Junel,2001