HomeMy WebLinkAboutCC AG PKT 2001-07-23 Supplemental Information - NPDES Permit No. CAS 618030 (Order No. 01-20)iQ`�SEA"I BF �.
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Memorandum
To: John Bahorski, City Manager
Attention: Quinn Barrow, City Attorney
Doug Danes, Interim City Engineer
Mac Cummins, Assistant Planner
Department Heads ll
Prom: Lee Whittenberg, Director of Developmental Service #
Date: July 19, 2001 ((// / / / ///
SUBJECT: NPDES PERMIT NO. CAS 618030 (Order No. 01 -20) —
Permit Conditions Requiring City Actions
The Santa Ana Regional Water Quality Control Board has issued Interim Draft NPDES No.
CAS 618030 (Order No. 01 -20), dated June 15, 2001. This permit will impact all jurisdictions
within the boundaries of the Santa Ana Regional Water Quality Control Board. Tbis permit
has many permit conditions that require specific actions by the City to comply with the terms
and conditions of the subject permit. _
Provided below is a summary of the major permit conditions, arranged by chronological date
of required completion, that will require specific action by the various parties subject to the
permit, including the City, assuming they remain in the final adopted permit:
Within 120 days of issuance of order:
Review planning procedures and CEQA document preparation process.
❑ Report Due Date: November 15, 2002
❑ Responsible Party: All permittees
❑ Impacted City Departments: Planning and Engineering -
❑ Condition language: Within 120 days of the issuance of this order, the pemuttees
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
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Memorandum re: NPDESPe it Compliance
Conditions and Timelines
July 19,1001
including appropriate mitigation measures. These may include revising the General
Plan, modifying the project approval processes, including a section on urban nmoff
related water quality issues in the CEQA checklist, and conducting training for project
proponents.
By December 1, 2001:
Establish Public Education Committee.
• Report Due Date: November 15, 2002
• Responsible Party: All permittees
• Impacted City Departments: City Manager, Planning; and Engineering
• Condition language: By December 1, 2001, the penmittees shall establish a Public
Education Committee to provide oversight and guidance for the implementation of the
public education program. The Pubhc 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 prograrn. The goal of the public and
business education program shall be to target 100% of the residents including
businesses, commercial and industrial establishments.
Within 6 months of adoption of this order:
Review DAMP.
• Report Due Date: November 15, 2002
• Responsible Party: All peanittees
• Impacted City Departments: City Manager, City Attorney; Planning; Engineering
❑ Condition language: Within six months of adoption of this order, the permittces
shall review their DAMP to detennine 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.
Develop public education materials.
❑ Report Due Date: November 15, 2002
❑ Responsible Party: All pemuttees
• Impacted City Departments: City Manager, Planning; Engineering
• Condition language: Within six months of adoption of this order, the penninces
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, stone drams and other waterbodies.
By July 1 of each year:
it Review Environmental Performance Reports.
it Report Due Date: November 15
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Memorandum re: NPDES Permit Compliance
Conditions and Timelines
July 19, 2001
Responsible Party: All pernuttees
Impacted City Departments: City Manager, Planning; Engineering
Condition language: By July 1 of each year, the permittees 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.
Evaluate the DAMP.
❑ Report Due Date: November 15
❑ Responsible Party: All permittees
❑ Impacted City Departments: City Manager, Engineering; Parks and Recreation
❑ Condition language: By July I of each year, the permittees shall evaluate the
DAMP to determine whether any revisions are necessary in order to reduce pollutants
in MS4 discharges to the maximum extent practicable. At a minimum, the first annual
review after adoption of this order shall include the following:
a. Review of the formal training needs of municipal employees
b. Review of coordinating meeting/training for the designated NPDES
inspectors.
By November 15 of each year:
Annual Report/Fiscal Analysis.
❑ Report Due Date: November 15
❑ Responsible Party: All permittees
❑ Impacted City Departments: City Manager; Administrative Services; Planning;
Engineering
❑ Condition language: The permittees shall prepare and submit a unified fiscal
analysis 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 pemrittee's expenditures for the previous fiscal year,
b. Each pemdttee's budget for the current fiscal year,
c. A description of the source of funds, and
d. Each pernittee's estimated budget for the next fiscal year.
Condition language: 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:
A. A review of the status of program implementation and compliance (or non-
compliance) with the schedules contained in this order,
NPDPSPe ICompbMCMnm
Memorandum re: NPDESPe t Compliance
Condinow and Timelines
July 19, 2001
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 successful 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 drab 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 pemrittee
actions for the next fiscal year, and
G. Major changes in any previously submitted plans/policies.
Annually
Re- evaluate monitoring program priorities based on previous year's data.
❑ Report Due Date: November 15
❑ Responsible Party: All permittees
❑ Impacted City Departments: City Manager, Administrative Services; Planning,
Engineering
❑ Condition language: 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:
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 successful the program has been
in eliminating illicit/illegal discharges and reducing pollutant loads in stone water
discharges;
C. An assessment of any stone 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,
N DES P=mt Com le Ma
Memorandum m: NPDESPemul Compliance
Conditions and Tunelina
July 19, 2001
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 perrnittce
actions for the next fiscal year, and
G. Major changes in any previously submitted plans/policies.
Provide training to public agency staff and to contract field operations staff.
❑ Report Due Date: November 15
❑ Responsible Party: Orange County
❑ Impacted City Departments: Parks and Recreation; Public Works
❑ Condition language: At least on an annual basis, the principal permittee 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 tam of this permit (from 2001 to 2006).
At least 6 tunes a year.
Permittee Committee meetings to discuss permit implementation and regional and
state -wide issues.
❑ Report Due Date: November 15
❑ Responsible Party: All pemritees
❑ Impacted City Departments: City Manager, Planning; Engineering
❑ Condition language: The Pemuttee Committee shall meet at least six times a year to
discuss issues related to permit implementation and regional and statewide issues.
Each pemtittee's designated representative or a designated alternate should attend at
least 75% of these meetings.
July 1, 2002:
Establish mechanism to ensure local permits for proposed construction sites and
industrial facilities are conditioned upon proof of obtaining coverage under the state
General Permit.
❑ Report Due Date: November 15, 2003
❑ Responsible Party: All pennittees
❑ Impacted City Departments: Planning and Engineering
❑ Condition language: By July 1, 2002, the pemrittees shall establish a mechanism to
ensure (prior to issuance of any local permits or other approvals) that all construction
that are required to obtain coverage under the State's General Storm Water Permit for
construction sites have filed with the State Board a Notice of Intent to be covered by
the relevant General Permit. The pemuttees 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.
NPDES Pmmt Co�HameMmn
Memorandum re: NPDESPemtit Compliance
Conditions and Timelines
July 19, 2001
❑ Develop and distribute model maintenance procedures for public agency activities.
❑ Report Due Date: November 15, 2003
❑ Responsible Party: County of Orange
❑ Impacted City Departments: Planning; Engineering, Parks and Recreation
❑ Condition language: By July 1, 2002, the principal permittee shall develop and
distribute model maintenance procedures for public agency activities such as sheet
sweeping, catch basin stenciling, drainage facility maintenance, etc. This shall be
reported in the 2002 annual report.
❑ Develop and Distribute BMP guidance for public agency and contract field
operations and maintenance staff.
❑ Report Due Date: November 15, 2003
❑ Responsible Parry: County of Orange
❑ Impacted City Departments: Planning; Engineering; Parks and Recreation; Police
Department
❑ Condition language: By July 1, 2002, the principal permittm shall develop and
distribute BMP guidance for public agency and contract field operations and
maintenance staff to provide guidance in appropriate pollution control measures, how
to respond to spills and reports of illegal discharges, etc. This shall be reported in the
2002 annual report.
❑ Develop model maintenance procedures for drainage facilities.
❑ Report Due Date: November 15, 2003
❑ Responsible Party: County of Orange
❑ Impacted City Departments:. Engineering; Public works
❑ Condition language: By July 1, 2002, the principal pemnittee 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 800/6 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 permittce. This
shall be included in the annual report
❑ Evaluate Environmental Performance Program applicability to municipal
maintenance contracts, contracts for field maintenance operations, and leases.
❑ Report Due Date: November 15, 2003
❑ Responsible Party: All pennittees
❑ Impacted City Departments: Engineering; Parks and Recreation
❑ Condition language: By July 1, 2002, the pemninees shall evaluate the applicability
of the Environmental Performance Program to municipal maintenance contacts,
contract for field maintenance operations, and leases. This shall be included in the
2002 annual report
❑ Implementation Agreement Revision.
❑ Report Due Date: November 15, 2002
NPDM Pa Comp� M.
Memorandumre: NPDESPe UCompliance
Conditions and Timelines
July 19, 2001
❑ Responsible Party: All pemuttees
❑ Impacted City Departments: City Manager, City Attorney; Engineering
❑ Condition language: 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.
Complete Public Awareness Survey.
❑ Report Due Date: November 15, 2002
❑ Responsible Party: All penrimees
❑ Impacted City Departments: City Manager, Planning; Engineering; Parks and
Recreation
❑ Condition language: The pemrittees shall continue to implement the public
education efforts already underway and shall implement the most effective elements
of the comprehensive public and business education strategy contained in the Report
of Waste Discharge/DAMP. By July 1, 2002, the pemrittees shall complete a public
awareness survey to determine the effectiveness of the current public and business
education strategy and provide a future action plan.
Evaluate Storm Water management structure and Implementation Agreement
❑ Report Due Date: November 15, 2002
❑ Responsible Party: All pemuttees
❑ Impacted City Departments: City Manager, Engineering
❑ By July 1, 2002, the peamittees shall evaluate the storm water management structure
and the Implementation Agreement and determine the need for any revision. The
corresponding annual report shall include the findings of this review and a schedule
for any needed revisions.
BMP Guidance for Restaurants, Automotive Service Stations, and Gasoline Service
Stations, developed by Public Education Committee.
❑ Report Due Date: November 15, 2004
❑ Responsible Party: All pe mittees
❑ Impacted City Departments: City Manager; Planning; Engineering
❑ Condition language: By July 1, 2002, the public Education Committee shall
develop BMP guidance for restaurants, automotive service centers, and gasoline
service stations for the industrial facility inspectors to distribute to these facilities
during inspections.
By June 15.2003:
❑ Proposed Monitoring Program
❑ Report Due Date: November 15, 2004
❑ Responsible Party: All pemrittees
❑ Impacted City Departments: City Manager; Planning; Engineering;
NPDES Pamir C W i.rc M.
Memorandum re: NPDE.SPermit Compliance
Conditions and Timelines
July 19, 2001
Condition language: By June 15, 2003, the pernittees 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 pemrittees 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.
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 sue, 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 pemrittees are encouraged to use data from similar studies, if
available.
C. A description of the monitoring program including:
(1) The number of monitoring stations;
(2) Monitoring locations within flood control channels, bays and estuaries, coastal
areas, major outfalls, and other receiving waters;
(3) Environmental indicators (e.g., ecosystem, biological, habitat, chemical,
sediment, stream health, etc.) chosen for monitoring;
(4) Parameters selected for field screening and for laboratory work; and
(5) 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.
D. 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.
E. A description of the responsibilities of all the participants in this program
including cost sharing.
By July 1.2003:
Legal Authority and Enforcement Strategy Certification.
• Report Due Date: November 15, 2004
• Responsible Party: All pennittees
• Impacted City Departments: City Manager; City Attorney, Planning, Engineering
• Condition language: Pernittees' ordinances or other local regulatory mechanisms
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 noncompliance. If the pernittees' current ordinances do not have a
N DOP.ACm,q[.Mmn
Memomndum re: NPDESPem t Compliance
Condlrinns and Timelines
July 19, 2001
provision for civil or criminal penalties for violations of their water quality ordinances,
the permittees shall enact such ordinances by July 1, 2003.
Review effectiveness of ordinances in prohibiting discharges to MS4's as listed in
Section 7.
• Report Due Date: November 15, 2004
• Responsible Party: All pemvttees
• Impacted City Departments: City Manager, City Attorney; Planning, Engineering;
Parks and Recreation
• Condition language: By July 1, 2003, the permittees 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 pennittees 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 including
parking lots, streets, sidewalks, driveways, patios, plazas, work yards and
outdoor eating or drinking areas, etc; (Note, this provision has some
incomplete language, Staff will attempt to clarify with the Regional
Board)
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.
Litter/Trash Control Ordinance review.
❑ Report Due Date: November 15, 2003
❑ Responsible Party: All perrmttees
❑ Impacted City Departments: City Manager; City Attorney; Planning; Engineering;
❑ Condition language: By July 1, 2003, the pemrittees shall review their litter /trash
control ordinances to determine the need for any revision. The pemdttees 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 2003.
N DESPamir Cam Il M.
Memorandum re: NPDESPermit Compliance
Conditions and T''n Ihes
July 19, 2001
Additional Debris Control Measures Determination.
❑ Report Due Date: November 15, 2003
❑ Responsible Party: All pemrittees
❑ Impacted City Departments: City Manager; Planning; Engineering
❑ Condition language: By July I, 2003, the peanittees shall determine the need for
any additional debris control measures. The findings shall be included in the annual
report for 2003.
Propose guidelines to determine and control impact of infiltration from leaking
sanitary sewer systems.
❑ Report Due Date: November 15, 2004
❑ Responsible Party: County of Orange, sewering agencies
❑ Impacted City Departments: Engineering; Public Works
❑ Condition language: By July 1, 2003, the principal pemuttee, in coordination with
the local sewering agencies, shall propose to develop guidelines to determine and
control the impact of infiltration from leaking sanitary sewer systems on urban runoff,
including storm water quality. At a rninirninn, these guidelines shall include a
mechanism to address exfiltration from all sanitary sewer lines that are 24 inches or
larger, and a 24 hour access procedure to all storm water facilities within their
jurisdiction. The Executive Officer will request the local sewering agencies the need
to work cooperatively with the pernittees in developing these guidelines.
Propose mechanism to determine effect of septic system failures on storm water
quality and a mechanism to address failures.
a Report Due Date: November 15, 2004
a Responsible Party: All pennittees
a Impacted City Departments: None, City does not allow septic systems
❑ Condition language: By July 1, 2003, the permittees whose jurisdictions have 50 or
more septic tank sub = surface disposal systems in use shall identify with the appropriate
governing agency a mechanism to determine the effect of septic system failures on
storm water quality and a mechanism to address such failures.
Unified Response Guidance for Sewage Spills Impacting Receiving Water Quality.
❑ Report Due Date: November 15, 2004
❑ Responsible Party: County of Orange and sewering agencies, in cooperation with
pemrittees
❑ Impacted City Departments: Engineering; Public Works
❑ Condition language: The Executive Officer will request the local severing agencies
to take the lead and develop, by no later that July 1, 2003, in cooperation with the
principal pemmittee, a unified response guidance to respond to any sewage spills that
may have an impact on receiving water quality. The principal pemuttee shall
collaborate with the local sewering agencies on the development of the unified
response guidance.
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Memorandum re: NPDESPe t Compliance
Condiaow and 77a 1we
July 19, 2001
Review oversight of portable toilets to determine need for any revision.
• Report Due Date: November 15, 2004
• Responsible Party: County of Orange
• Impacted City Departments: Planning; Engineering; Parks and Recreation
• Condition language: By July 1, 2003, the principal permittee shall review the
permittees' current oversight programs for portable toilets to determne the need for
any revision.
Review current grading/erosion control ordinances.
• Report Due Date: November 15, 2003
• Responsible Party: All pemittees
• Impacted City Departments: City Attorney; Planning; Engineering
• Condition language: By July 1, 2003, the pennittees shall review their current
gradmg/erosion control ordinances to determine whether revisions are needed in order
to reduce erosion caused by new development or significant redevelopment projects.
-❑ BMP Guidance for Control of Potential Polluting Activities not otherwise regulated.
• Report Due Date: November 15, 2004
• Responsible Party: All pemittees
• Impacted City Departments: Planning; Engineering; Parks and Recreation
❑ Condition language: By July 1, 2003, the permittees 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.
Review existing BMP's for New Developments and Water Quality Management
Plan to determine need for development of Water Quality Protection Plan.
❑ Report Due Date: November 15, 2004
❑ Responsible Party: County of Orange
❑ impacted City Departments: None, unless proposed study site is within the City
❑ Condition language: By July 1, 2003, the principal pemnittee shall submit as a part
of the 2003 annual report a proposal for a study to evaluate the effectiveness of a
selected BMP for controlling erosion during new development This proposal shall
include details of the new development project site, the BMP selected for the study,
and a proposed schedule to complete the study.
• Impacted City Departments: Planning; Engineering
• Condition language: By July 1, 2003, the pemrittees shall review then existing
BMPs for New Developments (Appendix G of the DAMP) to determine the need for
developing a revised WQMP for urban runoff from new developments/sigmficant re-
developments for the type of projects listed below and submit for review and approval
by the Executive Officer. Significant redevelopment is defined as the addition of
NPDPSPamir COrt ili M. 11
Memorandum re: NPDESPermii ConTli�e
Conditions and Timelines
July 19, 2001
5,D00 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 parking lots, etc.
a. All significant redevelopment 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
pemrittees 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 10,000 square feet or more which are located 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 peanittees are encouraged to include in the WQNP the development and
implementation of regional and/or watershed management programs that
address nmoff from new development and significant re- development The
WQMP shall include BNPs for source control, pollution prevention, and/or
structural treatment BNPs. For all structural treatment controls, the WQNP
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 WQNP 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 nmoff 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 BNPs. The WQMP shall
reflect consideration of the following goals, which may be addressed through
on- site -and/or watershed -based BNPs.
❑ Establish mechanisms to ensure all construction sites and industrial facilities, as
required, are covered by the state General permit
❑ Report Due Date: November 15, 2003
❑ Responsible Party: All pemuittees
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Memorandum re.' NPDESFe a Compliance
Conditions and Timelines
July 19, 2001
❑ Impacted City Departments: Planning; Engineering
❑ Condition language: By July 1, 2003, the pemdttees shall conduct an evaluation to
determine the best method of establishing a mechanism(s) for providing educational
and General Industrial Pemut materials to businesses within their jurisdiction.
By July 1, 2004:
Incorporate watershed protection principles and policies into the General Plan.
❑ Report Due Date: November 15, 2005
❑ Responsible Party: All pemvttees
❑ Impacted City Departments: City Manager, City Attorney, Planning; Engineering
❑ Condition language: By July 1, 2004, the pemtittees shall incorporate watershed
protection principles and policies into the General Plan or related documents (such as
Development Standards, Zoning Codes, Conditions of Approval, Development
Project Guidance) 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, ivtinimize changes in hydrology and pollutant loading; require incorporation of
controls, including structural and non - structural BMPs, to mitigate the
projected increases in pollutant loads and flows; ensure that post - development
runoff rates and velocities from a site maintain or reduce pre-development
downstream erosion, and protect stream habitat; 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.
180 days before permit expires:
❑ Report of Waste Discharge.
❑ Report Due Date: December 1, 2005
❑ Responsible Party: All pemilttees
❑ impacted City Departments: Planning; Engineering
❑ Condition language: This order expires on June 1, 2006 and the pemdttees must file
a Report of Waste Discharge (permit application) no later than 180 days in advance of
N DES Permit 6�I=e Memo 13
Memorandum re: M'DESPennit Compli=n
Conditions and Timelines
July 19, 200/
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 perrnittees propose to undertake during the next
perrnit 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 land use map updates;
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; and
d. Any new or revised program elements and compliance schedule(s) necessary
to comply with Section N of this order.
Attachment: "Interim Draft —Fact Sheet, NPDES no. CAS618030, and Order No. 01 -20 ",
California Regional Water Quality Control Board, Santa Ana Region, dated
June 15, 2001 — Permit Orders and Monitoring Program
N DES Pt CatgJ. Mates 14
California Regional Water Quality Control Board
Santa Ana Region
3737 Main Street, Suite 500
Riverside, CA 92501 -3348
FACT SHEET
June 15 2001
ITEM: d +Interim Draft
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 mnoff, now contribute a
larger portion of many lands of pollutants than the more thoroughly regulated sewage treatment plants
and industrial facilities. The National Urban Runoff Program (NURP) fatal 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 nmoff 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 aNPDES permit, which prescribe waste discharge requirements for urban stomr
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 Grave, 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 Yorbs Linda (hereinafter collectively referred to
as per ittees 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).
Order No. 01 -20 (NPDES No. CAS6180301. 201`2424
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
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 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 nrwff includes dry and wet weather flows from urbanized areas through a storm water
conveyance system. As water flows over streets, parlang 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, nmoff volume and
velocity increase, riparian and wetland habitat decrease, the fiequency and severity of flooding increase,
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 U.S. EPA recognizes urban Graff as the number one source of estuarine pollution in coastal
commrrutiesl. Recent studies conducted M the Southern California area have reported a definite link
between storm water runoff from urban areas and pollution in nearshore 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 dus microbial contamination indicated that urban nmoff may be
one of the sources of this contamination. If not properly controlled, urban nmoff could be a significant
source of pollutants in waters of the U.S. Table 1 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.
3 Bay, S.. Jones, B. H. and Schiff, K, 1999, Study of the Impact of Stormwater 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. CAS618030l. 3 of =4
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
Table 13. PoflutantsQmpacts of Urbanization on Waters of the U.S. (Marine Pollution)
Pollutants
Sources
Effects and Trends
Toxins (e.g., biocides,
hndusmal and municipal
Poison and cause disease and reproductive
PCBs, trace metals,
wastewaters; nmoff from farms,
failure; fat - soluble toxins may bioconcentrate,
heavy metals)
forests, urban areas, and landfills;
particularly in birds and mammals, and pose
erosion of contaminated soils and
human health risks. hmputs into U.S. waters
sediments; vessels; atmospheric
have declined, bur remaining inputs and
deposition
contaminated sediments in urban and mdusuial
areas pow threats to living resources.
Pesticides (e.g., DDT,
Urban runoff, agricultural nmof, ,
Legacy pesticide (DDT, Chlordane, Dieldrin,.)
diazinon, chlorpyrifm)
commercial, industrial, residential,
use has been banned; still persists in the
and faun use
environment; some of the other pesticide uses
are curtailed or restricted
Biostimulants (organic
Sewage and industrial wastes;
Organic wastes overload bottom habitats and
wastes, plant
nmoff from farms and urban areas;
deplete oxygen; nutrient inputs stimulate algal
nutrients)
nitrogen from combustion of fossil
blooms (some harmful), which reduce water
fuels
clarity, cause loss of seagrass and coral reef,
and alter food chains supporting fisheries. While
organic waste loadings have decreased, nutrient
loadin have increased (NRC, 1993a, 2000a).
Petroleum products
Urban runoff and atmospheric
Petroleum hydrocarbons can affect bottom
(oil, grease, petroleum
deposition from land activities;
organisms and larvae; spills affect birds,
hydrocarbons, PAHs)
shipping and tanker operations;
mam mils and nearshore marine life. While oil
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 and
Few known effects on marine life;
military activities
bioaccumulation may pose human health risks
where contamination is heavy.
Sediments
Erosion from farming c rnsmrction
Reduce water clarity and change bottom
activities, forestry, mining
habitats; carry toxins and numients; clog fish gills
development; river diversions;
and interfere with respiration in aquatic fauna
coastal dredging and mining
Sediment delivery by many rivers has
decreased, but Sedimentation poses problems in
some areas; erosion from coastal development
and sea -level rice is a fume concem.
3Adapted from "Marine Pollution in the United States" prepared for the Pew Oceans Commission, 2001.
Order No. 0 1 -20 (NPDES No. CAS618030}
The County of Orange, OCFCD, and Incorporated i
Areawtde Urban Storm Water Runoff (Fact Sheet)
4 of 3224
in, Draft
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.
Thermal
Coolmg water from power plants
Kills some temperature- sensitive species;
and industry, urban runoff from
displaces others. Generally, less a risk to marine
unperVICIIS
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 of
protozoa, viruses)
wildlife, discharges from boats and
seafood. Sanitation has improved, but
cruise ships
standards have been raised (NRC 1999a).
Alien species
Ships and ballast water, fishery
Displace native species, introduce new diseases;
stocking, aquarists
growing worldwide problem (NRC 1996).
Cliffs space has been intentionally left blank)
Order No. 01 -20 (NPDES No. CAS618030} 5 of 2324
The County of Orange, OCFCD, and Incorporated Gfies 1 nterim Draft
Areanide Urban Storm Water Runoff (Fact 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 mnoff fmm 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 pennat 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 rises 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 "P', 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 miramum, 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). r'• 4' _:., 6INIFY r.: AlI--_Rd •::Net
9- 'R Dl.._ 1 Id i.. { 46 wattte
eensiderad Ir+ull naratmaDh umL
During this permit development process, the pernunces 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 water nuroff. &efl' aelw, c: that -..' *i°
ffnp . 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
Order No. 01 -20 (NPDES No. CAS618030> 6 of22Z4
The County of Orange, OCFCD, and Incorporated Cities interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
reasonable further progress towards the attammem of the existing water quality objectives, in
accordance with the discretion in the permitting authority recognized by the United States Court of
Appeals for the Ninth Circuit in Defenders of Wildlife v Browner, 191 F.3d 1159, 1164 (9" Cir.
1999).
III. BENEFICIAL USES
Storm 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
habits; 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. -
M PERMITTED AREA
The permitted area is delineated by the Los Angeles County - Orange County boundary line on the
northwest, the San Bemardmo- 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 pernimees serve a population of approximately 2.8 million, occupying an area of
approximately 280 334 square miles (including unincorporated areas and the limits of 33 cities, 25 of
which are within the Santa Ana Regional Board's jurisdiction). The pemuttees have jurisdiction over
and/or maintenance responsibility for storm water conveyance systems within Orange County. The
Countys 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 runoff from residential,
txi mereial, and industrial developments. In addition, there are storm water discharges from agricultural
land uses, including famvng 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 pemrittees
are excluded from the area requested for coverage under this pemrit 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.
Order No. 01 -20 (NPDES No. CAS618030} 7 of7 24
The County of Orange, OCFCD, and Incorporated Cities Interim D k
Areawide Urban Storm Water Runoff (Fact Sheet)
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 stone drain systems. In addition to the cities, the County and the
OCFCD, there are a number of other significant contributors of storm water runoff to these storm drain
syst ems. 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 Cahmns; 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 nmoff 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
Cal trans, are already under individual permits for storm water nutoff. The Los Angeles and San Diego
Regional Boards have also issued areawide storm water permits for areas within theirjurisdiction.
Cooperation and coordination among all the stakeholders are essential for efficient and economical
management of the watershed It is also critical to manage nonpomt 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
implernentation of the load and waste load allocations developed under the TMDL process (see Section
B, below). The MS4 permivees 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 nmoff 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 rturoff pollution control
methodologies. The program's success depends upon consideration of pollution control techniques
during planning, construction and post - concoction operations. At each stage, appropriate pollution
prevention measures, source control measures, and, if necessary, teatment techniques should be
considered.
Order No. 01 -20 (NPDES No. CAS618030> 8 of;..324
The County of Orange, OCFCD, and Incorporated Cities interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
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) list of impaired waters. It is listed
for ammonia, toxicity, algae, europhication, pH, odors, low dissolved oxygen,
trash, lead, arsenic, copper, silver, mercury (tissue), coliform, DDT, PCBs,
chlordane, and abnomnal fish histology. A trash TMDL for the Fast Fork of the
River was adopted by the Regional Board (Region 4) and approved by the 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 Bav Drainave Area: This includes Anaheim
Bay, Huntington Habour, Bolsa Bay, and Bolsa Chim Ecological Reserve. A
number of flood control channels discharge into this area, including Anaheim-
Barber, East Garden Grove- Wintersberg, and Bolsa Chica 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 Chim wetlands have been impacted by the oil production and related
activities in the area. The drilling mud disposal ana 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 Chica wetlands.
Anaheim Bay and Huntington Harbour are listed as impaired waterbodies (see
Section VIII), and TMDLs will be developed to address the pollutants causing the
impairment
The Santa Ana River Drainaee 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, and 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 determined 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 fast 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
Order No. 01 -20 (NPDES No. CAS618030} 9 of2424
The County of Orange, OCFCA and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
of the dry weather flows from the flood control channels are now being diverted to
the sanitary sewer. However, other sources of contamination are suspected, and
the second phase of the study is int ended 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
arca and to deterrrime 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.
d. The Newport Bav Drainare 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 duumion, chlorpynfos, and selenium) and U.S. EPA (for legacy
pesticides and other metals).
The Irvine Ranch Water District (IRWD), which provides sewage coflection and
treatment services for most areas in this watershed, has been also accepting dry
weather flows from sonne 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 firma 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 numoff.
Order No. 01-20 (NPDES No. CAS618030} 10 of2814
The County of Orange, OCFCD, and Incorporated Cities Interim DA
Areawide Urban Storm Water Runoff (Fact Sheet)
e. Irvine Coast and Newport Coast Areas of Special Bioloeical Signifcance
ASBSs The Ocean Plan has 35 designated areas of special biological significance
[hmughout the State; two of these ASBSs are within the Santa Ana Regiorrd
Irvine Coa,3 Areas of S • " Biolotrical Sinificance.
Newtxat Coast .Areas of Special Biological Significance. The ASBSs require
protection of species or biological communities to the extent that alteration of natural
water quality is undesuable. 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 dischargers
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 fture 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.
2. CWA SECTION 303(d) LIST AND TMDLs:
The 1998 water quality assessment conducted by the Regional Board identified a number of
waterbodies within the Region a� impaired waterNidies. under Section 303(d) of the CWA, as
iiffpaiied,haw,. 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) fist 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 watetbody 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 (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 and for fecal coliform 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 TMDL requirements. To avoid any
duplicative efforts, this peanut does not include any Rather implementation requirements based
on TMDLs. However, this peanut stay be reopened to include TMDL implementation, if other
implementation methodologies are not effective.
Order No. 01 -20 (NPDES No. CAS618030}
The County of Orange, OCFCD, and Incorporated
Areawide Urban Storm Water Runoff (Fact Sheet)
Table 2. Clean Water Act Section 303(d) Listed Waterbodies
11 of2324
Water
Hydro
Pollutant
Source
Priority
Size
Unit
TMDL
Body
Unit
Stressor
Affected
End
Date
Anaheim
801.110
Metals
Urban Runoff/Stocm
Medium
180
Acres
0111
Bay
Sewers,
Unknown Nonpont
Source
Pesticides
Unknown Nonpoint
Medium
180
Acres
0111
Source
Huntington
801.110
Metals
Urban RumofrYStonn
Medium
150
Acres
0111
Harbour
Sewers, Boa ands
Pathogens
Urban Runoff/ Storm
Medium
150
Acres
0111
Sewers
Pesticides
Unknown Nonpoint
Median
150
Acres
0111
Source
Newport
801.110
Metals
Urban Runoff/Storm
High
700
Acres
0107
Bay, Lower
Sewers, Contaminated
Sediments, Ba ards
Nutrients
Agriculture, Urban
High
700
Acres
0198
Runoff/Storm Sewers
Pathogens
Urban Runoff/Stomt
High
700
Acres
0100
Sewers
Pesticides
Agriculture,
High
700
Acres
0102
Contaminated
Sedunents
Priority
Contaminated
High
700
Acres
0102
Organics
Sediments,
Unknown Nonpoint
Source
Upper
801.110
Metals
Urban Runoff/Stomr
High
752
Acres
0102
Newport
Sewers
Bay
Nu2trmyrts
Agriculture, Urban
Higb
752
Acres
0198
Ecological
Runoff/Storm Sewers,
Reserve
Oruundwater Loadings
Pathogens
Urban Rnoff/Storm
High
752
Acres
0100
Sewers
Pesticides
A�iculune, Unlmown
High
752
Acres
0102
Non Dint Source
Order No. 01 -20 (NPDES No. CAS618030} 12 of Z24
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areaseide Urban Storm Water Runoff (Fact Sheet)
Sedimentati
Agriculture,
High
752
Acres
0198
on/Siltation
Construction/Land
Development,
Channel Erosion,
Emsion/Siltation
San Diego
801.110
Metals
Unknown Nonpoint
High
6
Miles
0102
Creek,
Source
Reach 1
Nutrients
Agriculture, Urban
High
6
Miles
0198
Runoff/Storm Sewer,
Groundwater Loadings
Pesticides
Unknown Nonpoint
High
6
Miles
0102
Source
Sedimentau
Agriculture,
High
6
Miles
0198
on/Siltation
Construction/Land
Development,
Chamtel Erosion,
Erosion/Siltation
San Diego
801.110
Metals
Urban Runoff/Storm
High
6
Miles
0102
Creek
Sewer
Reach 2
Nutrients
Agriculture,
Hrgh
6
Miles
0198
Urban Runontorin
-
Sewer,
Groundwater Loadings
Sedimentati
Agriculture,
High
6
Miles
0198
on/Siltation
Constucton/Land
Development,
Channel Erosion,
Erosion/Siltation
Unknown
Unknown Nonpoint
High
6
Miles -
0102
Toxicity
Source
Santiago
801.120
Sahmty/TD
Source Unknown
Low
2
Miles
0111
Creek R4
S/
Chlorides
Silverado
801.120
Pathogens
Unknown Nonpoint
Low
2
Miles
0111
Creek
Source
Saluuty/ID
Unknown Nonpoint
Low
2
Miles
0111
S /Chloride
Source
s
Order No. 0 1 -20 (NPDES No. CAS61 5030} 13 ofd224
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
(This section udenflunally left blank)
VI. VI —FIRST AND SECOND TERM PERMITS: STORM WATER POLLUTION
CONTROL PROGRAMSIPOLICIES
Prior to EPA's promulgation of the fetal stomt water regulations, the counties of Orange, Riverside and
San Bernardino applied for areawide NPDES pennits for store water runoff. On July 13, 1990, the
Regional Board issued Order No. 90 -71 to the pennittees (fast term permit). In 1996, the Board
adopted Order No. 96 -31 (second term pemtit). First and second tens permits included the following
requirements as outlined m the storm water regulations:
Order No. 01 -20 (NPDES No. CAS618030} 14 of 2224
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
1. Prohibited nom -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 stcan 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, stonn flows, and receiving water quality, and
required program assessment.
The following programs and policies have been implemented or are being implemented by the
pernvttees. During the first lean permit, the perrudees 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 (BMPs) and a very extensive public
education program. The monitoring program for the fast tern 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
pemuttees (Riverside and San Berardino Counties and others) have been used to identify problem
areas and to re- evaluate the monitoring program and the effectiveness of the BMPs. The fimttre
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
illegallillicit discharges and establishment of adequate legal authority to control pollutants in storm water
discharges. The pemun= have completed a survey of thaw 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 tern permits are as follows:
a 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. CAS618030Y 15 af2424
The County of Orange, OCFCD, and Incorporated Cities Inter'm Draft
Areawide Urban Storm water Runoff (Fact Sheet)
1. Interaeencv Agreements and Coordination: Established a program management structure
through an b temgmcy Implementation Agreement Participated in regional monitoring
programs and focused special studies/research program. Worked with the County Sanitation
Districts, Health Care Agency, Integrated Waste Management Agency, and the Water Districts
to provide a consistent urban storm water pollution control message to the public. Worked with
Caltrans, other transportation agencies, the Storm Water Quality Task- Force, and others to
further study and understand urban nmoff 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 frequencies 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 conmels. The
appropriate industrial dischargers were notified of the storm 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 Agent, 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 pmblems 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.
3711-VIII. FIRST AND SECOND TERM PERMITS - WATER QUALITY
IMPROVEMENTS
An accurate and quantifiable measurement of the impact of the above stated stone 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 storm water management programs. There are
genemUy two accepted methodologies for assessing water quality improvements: (1) conventional
monitoring such as chemicaFspecific 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.
Order No. 01 -20 (NPDES No. CAS618030} 16 of Z224
The County of Orange, OCFCD, and Incorporated Cifies 1 Druft
A.Mde Urban Storm Water Runoff (Fact Sheet)
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 prograrns 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 pertut, there was an increased focus on watershed management initiatives and
coordination among the municipal pernintees in Orange, Riverside and San Bernardino 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 stoml water regulations will be met, including
protection of the beneficial uses of all receiving waters.
VI Ill. V414—FUTURE DIRECTION /2000 DAMP
The NPDES permit renewal application included an updated DAMP (2000 DAMP) that includes
programs and policies the pemvttees are proposing to implement during the third temr pemvt. The
2000 DAMP is the principal guidance document for urban storm water management pingrams 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. Improves current BMPs to achieve fiuther 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 sigrnifificaut 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 stom water nuroff from facilities owned and/or controlled by the permittees.
Order No. 01 -20 (NPDES No. CAS610030} 17 of 2b-
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm water Runoff (Fact Sheen
JXI. {y-- PERNUT REOUIREMENTS
The legislative history of stone 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 full -scale end -of -pipe tnamients and the complexity of urban storm water runoff
quality and quantity, MS4 permits generally include narrative requvements 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 systern . 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 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 pennits is at the discretion of the local pernttrng 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(px3xiu), 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 stone water management program and the proposed programs and policies for the next
five years (third term pernan). The order incorporates these documents and the perfomizrice
comrutments made in the ROWD.
This order recognizes the significant progress made by the pemuttees during the first and second term
pemuts in implemerting 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) Prwarums and policies for municipal facilities and activities; (7) New developmmVre-
development requirements; (8) Waste load allocations for nutrients, sediment, and fecal conform
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
1. DISCHARGE PROHIBITIONS
In accordance with CWA Section 402(p)(3XBxii), this order prohibits the discharge of nori,
storm water to the MS4s, with a few exceptions. The specified exceptions are consistent with
40 CFR 12226(d)(2xivxB)(1). If the pemuttees or the Executive Officer determines that any
Order No. 01 -20 (NPDES No. CAS618030} 18 ofZ124
The County of Orange, OCFCD, and Incorporated Cities hitein, hit Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
of the exempted non -storm water discharges contain pollutants, a separate NPDES permit or
coverage under the Regional Board's de Mummas 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 appliable 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 stone water management
This order requires the permittees 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 pemillices are
required to re- evaluate the programs and policies and to propose additional BMPs.
Compliance determination will be based on this iterative BMP implementationdcomphance
evaluation process.
3. ILLEGAL DISCHARGES AND ILLICIT CONNECTIONS TO MS4s
The perrmnees 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
. pemvttees 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 permitter: has taken the lead role in the outreach program and bas targeted
various groups including businesses, industry, development, utilities, environmental groups,
institutions, homeowners, school children, and the general public. The pennittees 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 perish ees are required to continue these
efforts and to expand public participation and education programs.
5. LEGAL AUTHORITY
During the fast two permit cycles, each permittee 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(d)(2)(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)(ivxA -D)). The enforcement activities undertaken by a
majority of the pemrittees 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 Coumy,
additional action bas sometimes included recovery of investigation and clean-up costs from a
responsible parry. 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
Order No. 0 1 -20 (NPDES No. CAS618030) 19 af:424
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
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 pemtittees 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 pemuttees and the number, nature and
amount of fines and/or penalties levied must be reported, beginning with the 20032004 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 pemtittees to prepare an Environmental
Performance Report to address public agency facilities and activities that are not regulated
under the State's General Industrial Activities Storm Water Permit It also required the
permitiees to report on an annual basis the actions taken to eliminate the discharge of pollutants
from public agency activities and facilities. The pernittees are required to inspect and maintain
drainage facilities flee of waste materials to control pollutants in storm water runoff flowing
through these systems. This order requires the pernittees 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
petmittecs are required to implement these guidelines. Additionally, this order requires the
pemuttees to work towards the goal of restoring and preserving the natural hydrologic cycles in
approving urban developments. To accomplish this goal, the pe rnattees have the option of using
• number of methodologies. The pemiittees/project proponents may propose BMPs based on
• watershed approach, establish a storm water pollution prevention fund for such BMPs, or any
other innovative and proven 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
pernintees 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
penmittees 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 Imes. Failing septic systems and improper use of portable toilets have also
been linked to microbial contamination of urban runoff. The pernittees should work
cooperatively with the owners of the sanitary sewer lines mv+eequkr d to determine if exfdiation
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 pemvttees may not have any control over sanitary sewer
systems. In such cases, the pernittees should work eaeem6wlyc000eratively �
k with the sanitation districts for the area to develop acceptable solutions to these problems.
Order No. 01 -20 (NPDES No. CAS610030} 20 of 2424
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
..., said al; PI L.. b e. c .m a. tt3
,. ,a.. APP , t .- ..t,.... ,,
,.4 c nrr addfest the m ffhe fact sheet is not consistent
with the Permit lanwaeei.
MONITORING REQUIREMENTS
During the fast term permit and part of the second term pe rmt, the pemuttees 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 arc
significant variations in the quality of urban runoff spatially and temporally. However, most of
the monitoring programs to date have indicated that there a number of pollutants in urban storm
water runoff. Only in a few rases has a definite link betwe of pollutants in urban runoff and
beneficial use impairment been established.
In 1999, the perminees 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 runoff in beneficial use impammead;
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= a.Areas where constituent concentrations are substantially above systemwide
averages. These areas are referred to as "warm spots" and the designation is based
on monitoring data from prior years.
gib. Areas of Critical Aquatic Resources (sites with important aquatic resources).
£c. 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 pemmutees 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
Order No. 01 -20 (NPDES No. CAS618030} 21 of332;
The County of Omneq OCFCD, and Incorporated Cities Toted. D k
Areawide Urban Storm Water Runoff (Fact Sheet)
The pemva= are encouraged to continue their participation in regional and watershed -wide
monitoring programs. By June 15, 2003, the peanittees are required to re- evaluate their Water
Quality Monitoring Program and submit a revised plan for approval.
-l. A. —WATER QUALITY BENEFITS/COST ANALYSIS/FISCAL ANALYSIS
Then: 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 Sum 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 five.
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
years. During the summer of 1999 and 2000 when the beaches were closed to water contact
recreation, the beach communities reported muln- mullion -dollar losses in tourist revenues.
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 permincos have attempted to define the problem and implemented best management practices to
combat the problem The costs incanted by the pemrittees in implementing these programs and policies
cart be divided into three broad categories (the costs indicated below are for the entire Orange County
storm water program):
Los Angeles Tunes, May 9, 2001
Order No. 01 -20 (NPDES No. CAS618030} 22 of742A
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
1. Shared costs: These are costs that fund activities performed mostly by the principal petmittee
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 pemuts and
Water Code Section 13267, budget and other program documentation; coordination of
consultant studies, co-pemuttee meetings; and training seminars. The overall costs increased
from $0.81 M in 1996/97 to $0.94M in 1999/00.
2. Individual Costs for DAMP Implementation: These are costs incurred by each pemuttee for
implementing the BMPs (drainage facility inspections for illicit connections, drain huet/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 Pre- Existing Programs: These are costs incurred by each pemrittee for water
pollution control measures that were already in existence prior to the urban storm water nuroff
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 mnoff pollution control efforts.
The pemuttees identified the following funding sources (1999/00)
FUNDING. SOURCE
PERCENTAGE
General Funds
66%
Gas Taxes
9%
Sewer/Storm Drain Maintenance Fee
7%
Sanitation Fees
5%
Benefit Assessment
3%
Special District Funds
1%
Other Sources
9%
XL ANTIDEGRADATION ANALYSIS
The Regional Board has considered whether a complete antidegradation 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 Snce this order will not result in a lowering of water quality, a
complete anti leg adation analysis is not necessary, consistent with the federal and state antidegradation
requirements.
Order No. 01 -20 (NPDES No. CAS618030} 23 ofl42A
The County of Orange, OCFCD, and Incorporated Cifies Interim Dra, h
Areawide Urban Storm Water Runoff (Fact Sheet)
XIL X41-- PUBLIC WORKSHOP
The Regional Board recognizes the significance of Orange County's Stoma Water/Urban Runoff
Management Program and will conduct, participate, and/or assist with any workshop during the term of
Us 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. X444— PUBLIC HEARING
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.
X1111. X4-.—INFORMATION AND COPYING
persons wishing fiather infomation 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 Execubve Officer maintains as confidential) are available at the Regional Board
office for inspection and copying by appointment scheduled between the hours of 8:30 am. and 4:00
p.m, Monday through Friday (excluding holidays).
XI VI. `-r'. 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 pan 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} 24 of Z924
The County of Orang4 OCFCD, and Incorporated Cities Interim Dr f
Areawide Urban Storm Water Runoff (Fact Sheet)
Order No. 01 -20 (NPDES No. CAS618030) 25 ofZX2A
The County of Orange, OCFCD, and Incorporated Cities Ititerinn Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
In addition to the pemrium, 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
NOAA, 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 YoungennanBruce 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 (SR), Redding - Carole
Crowe
California Regional Water Quality Control Board, Central Valley Region (5F), Fresno— Jamia 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), Victorville — 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 Au Quality Management District, Diamond Bar -
Calmr , District 12, Santa Ana — Grace Pins -Gamett
Southem 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 Tom -
National Forest Service
URS/Greiner - Bob Collacott
The Irvine Company - Sat Tamanbuchi
Building Industry Association — Tim Piasky/David Smith
Latham & Watkins — Paul Singareb
Best, Best, and Krieger — Anne Thomas
Southern California Association of Governments, Los Angeles - Tabi Hiwot
Order No. 01 -20 (NPDES No. CAS618030) 26.f2424
The County of Omngq OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff (Fact Sheet)
1-11 inivecsities and Colleees (Chancellor)
University of California, Irvine
Cabfonia 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 Habm 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 Contaminates Hospital, Santa Ana
Order No. 01 -20 (NPDES No. CAS618030} 27 of 3224
The County of Orange, OCFCD, and Incorporated Cities I "teri. Draft
Areawide Urban Storm Ware, Runoff (Fact Sheet)
Fairview Hospital
FHP Hospital, Fountain Valley
Fountain Valley Regional Hospital and Medical Center
Hoag Hospital, Newport Beach
Kaiser Foundation Hospital, Anaheim
Orange Counry Community Hospital, Buena Park
Pacifica Community Hospital, Huntington Beach
Placentia Linda Community Hospital
Santa Ana Hospital and Medical Center
St. JosepHs 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 Lewand /Daniel Cooper
Orange County Coastkeeper — Garry Brown
Defend the Bay — Bob Caustin
Sierra Club, Orange County Chapter
Sierra Club, Los Angeles Chapter - Dick Hingson
Natural Resources Defense Council (NRDQ — David Beckman
Cousteau Society
Amigos De Bolsa Chica
Audobon Sea & Sage Chapter
Huntington Beach Wetlands Conservancy
Surfiider 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
Maior 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 - Natesh Varma
Riverside County Flood Control & Water Conservation District — Steve Stump/Mark Wills
L.A. County Department of Public Works - Cray Flildebrand
Orange County Sanitation Districts - Blake Anderson
Orange County Water District - Bill A&
Metropolitan Water District - Ed Means
INTERIM DRAFT —June 15. 2001
California Regional Water Quality Control Board
Santa Ana Region
ORDER NO. 01 -20
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
Area vide Urban Storm Water Runoff
Orange County
The California Regional Water Quality Control BoarA Santa Ana Region (hereinafter Regional Board)
finds that
1. The 1987 amendments to the Clean Water Act (CWA) added Section 402(p) establishing a
finmework for regulating municipal and industrial (including construction) stone water discharges
under the National Pollutant Discharge Elimination System ( NPDES). Section 402(p) of the CWA
requires NPDES permits for storm 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) amended its NPDES nerrnit regulations
1"b4she4 P --.tea -- -,, °afierm {40 CFR Parts 122,123 and 124) to hit- describe pewit application
requirements for storm water discharges.
2. Prior to EPA's promulgation of the P9atse 1 storm water teG snit regulations, the three counties
(Orange, Riverside, and San Berardino) 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 r anoff from
urban areas in Orange County within the Santa Ana Region The County of Orange was named as
the principal pemuttee and the Orange County Flood Control District ( OCFCD) and the
incorporated cities were narned as the co-permittees. Order No. 96 -31, issued by the Regional
Board on March 8, 1996, renewed the pewit 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, Westnimster, and Yorba Linda (hereinafter collectively referred
to as pemittees or dischargers), submitted NPDES Application No. CAS618030 and a Report of
Waste Discharge for rensuance of they areawide storm water permit. In order to more effectively
carry out the requirements of this order, the pemmittees have agreed that the County of Orange will
continue as principal perittee and the OCFCD and the incorporated cities will continue as co-
pemittees. On March 5, 2001, Order No. 96 -31, NPDES No. CAS618030, was
administratively extended in accordance with 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 44
The County of Orange, OCFCD, and Incorporated Cities Interim Dreg
Areawide Urban Storm Water Runoff
4. The permittem 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 permanees 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 slreambed 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 kt-fiom the MS4 systems in Orange County atv «...�- a,b.,..n..•..-. 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 Bolsa 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 I and 2,
b. Silvemdo 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),
£ All other tributaries to these Creeks: Bonita Creek, Serrano Creek, Peters Canyon Wash,
Hicks Canyon Wash, Bee Canyon Wash, Bonego Canyon Wash, Agua Chinon Wash,
Laguna Canyon Wash, Rattlesnake Canyon Wash, Sand Canyon Wash, Black Stu Creek,
Carbon Canyon Creek, Coyote Creek and other tributaries.
Bays, Estuaries, and Tidal Prisms
g. Anaheim Bay,
It Sunset Bay,
L Bolsa Bay and Bolas Chica Ecological Reserve,
j. Lower and Upper Newport Bay,
k. Tidal Prism of Santa Ana River (to within 1000 feet of Victoria Street) and Newport
Slough, Santa Ana Salt Marsh,
Order No. 01 -20 (NPDES No. CAS618030) - cout'd 3 of 44
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
A. ide Urban Storm Water Runoff
Tidal Prism of San Gabriel River (River Mouth to Marina Drive),
in Tidal Prisms of Flood Control Channels Discharging to Coastal or Bay Waters (e.g.
Huntington Harbour),
Ocean Waters
Nearshore Zone
M San Gabriel River to Poppy Street in Comm Del Mar,
o. Poppy Street to Southeast Regional Boundary,
Offshore Zone
p. Waters between Nearshore Zone and Limit of State Waters,
Lakes and Reservoirs
Irvine Lake (Santiago Reservoir), and
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, commeroial and sportfishing,
warm freshwater and limited warm fieshwater habitats, cold fieshwater habitat, preservation of
biological habitats of special significance, wildlife habitat, .preservation of rare, threatened or
endangered species, marine habitat, shellfish barvesting, 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. "r »r,:...,..e o....:o _ ei r. Gm=lty, the San Bernardino County drainage areas
drain to the Riverside County drainage arms, 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 m 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. CAS6I8033; and
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 4 of"
The County of Orangq OCFCD, and Incorporated Cities Interim Draft
Areawide Urban Storm Water Runoff
c. San Bernardino County, NPDES No. CAS618036.
For an effective watershed management program, cooperation and coordination among the
regulators, the municipal pemuttees, 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. Contraction 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 pemmts 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 nmoff from construction activities (NPDES No.
CAS000002, General Construction Activity Storm Water Permit). Industrial activities (as identified
in 40 CFR 12226(b)14) and contraction sites of five acres or more, are required to obtain
coverage under these statewide general permits. The pemtittees 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
mote 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. CAG018001, 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 Canty area. Additionally, for a number of facilities
that discharge process wastewater and storm water, storm water discharge requirements are
included with the faci thes' 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 andlor flood control facilities owned and
operated by the pemrittees. These industries and construction sites are also regulated under local
laws and regulations. _ .aheimiu _ the _etiati;tees a ..h:_:.,e and _.,__:. do' Aap fl .........:a.:_ the F
fir>aa.4}ys-lniaani�atier>—A coordinated effort between the pemutrees and the Regional Board staff is
critical to avoid duplicative and overlapping efforts when overseeing the compliance of dischargers
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 Interim Draft
Areawide Urban Storm Water Runoff
covered under the Statewide General Permits. As part of Es coordinatioq the pemuttees 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. The pernittees approve nlwis for residential. commercial, and industrial developments than
allowinr further wbanization to occur within their respective jurisdiction. If not properly controlled
and managed, urbanization could resuh in the discharge of pollutants in storm water mnoff Urban
area nmoff (Finding 9. c) may contain elevated levels of pathogens (bacteria, protozoa, virtues),
sediment, trash, Fertilizers (nutrients, compounds of nitrogen and phosphorus), pesticides (DDT,
Chlordane, Diazinon, Cdorpyrifos), heavy metals (cadmium, chromium, copper, lead, zinc), and
petroleum products (oil, grease, petroleum hydmcartwru, polycyclic aromatic hydrocarbons).
Storm water can carry these pollutants to rivers, streams, lakes, bays and the ocean (receiving
waters).
13. g4ie in ufi,m ru wff can Ileea- uripau 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 Mesa
tied- krrsulted in 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
thermoregulation. Other petroleum hydrocarbon components can cause toxicity to aquatic
organisms and can impact human health. Suspended and settleable sofids (from sediment, fresh,
and industrial activities) can be deleterious to benthic organisms and may cause anaerobic conditions
to forma Sediments and other suspended particulates can can 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
bioaccumulate in organisms -to levels disk rots, be arz-bamrful to htnn in health Numents (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
(tailing 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 est:nbliahed appropriate legal authority to control some but
not all discharges to these systems (ai. see Finding 16). The pennittees have established
appropriate legal authority to control discharges into the MS4 systems. They adopted grading
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Ci
Areawide Urban Storm water Runoff
6 of 44
t Draft
and/or erosion control ordinances, guidelines and best management practices (BNPs) for municipal,
commercial, and industrial activities, and a drainage area management plan (DAMP). The
permittees must exercise a combination of these programs, policies, and legal authority to ensure
that pollutant loads resulting from urbanization are properly controlled and managed
15. This order regulates urban storm water runoff from areas under the jurisdiction of the perm uses.
Urban storm water runoff includes those discharges from residential, commercial, industrial, and
construction areas within the permitted area and excludes discharges from feedlots, dames, and
fame (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 vanes considerably and is affected by land use activities, basin
hydrology and geology, season, the fiequency, and duration of storm events, and the presence of
.illegal disposal practices/i ict connections.
WbM (See a:., r'.,.. r2)
. na�nfquaisEities �at'tx.IlraarNS ma=r
16. The pemmu= may lack legal jurisdiction over storm water discharges into their systems from some
oklue -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 tie pemiittees should not be held
responsible for such facilities and/or discharges. Shm Mv,Geaain-a mim activities that generate
pollutants present in storm water runoff may be beyond the ability of the pemuttees to eliminate.
- Examples of these include operation of internal combustion engines, atmospheric deposition, brake
pad wear, the wear and leaching of naturally occurring minerals from local geography. - l-lewm @F.
tS
I7. This order is intended to retvlale lire discharge of nolhnants in urban storm water nmoff fmm
antlin?pouenic (generated fmm humin ailivities) sources within the jurisdiction and control of the
nemvt[zes and is not intended to address backsgound or naturally ocmi nn¢ pollutants or flows.
4 -7-18. 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
(fisted 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 6r 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) Sdvemdo
Creek (listed for pathogens, salinity, TDS, chlorides). For a- riumber= some of these impaired
wateriwdies, the cause of impairment is listed as urban runoff.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 7 .1744
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Arrawide Urban Storm Water Runoff
4-9-19. 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 a 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
coliform 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.
44 0. The MS4s generally contain mr -storm Water . flows such as litigation runoff, mroff from non-
commercial car washes, runoff from miscellaneous washing and cleaning operations, and other
nuisance flows. These non -stony water flows gtv, �may contain a higher concentration of
pollutants compared to storm water. Discharges of non -stony water contawng 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.
3021. Order No. 90 -71 (first term permit) required thepernittees to: (1) develop and implement a
Lke DANM and a storm Water and receiving water monitoring plan;
(2) eliminate illegal and illicit discharges to theMS4s; 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 nmoff 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 permAtes to focus on those areas that threaten dre- beneficial
uses.
34-22. This order (Order No. 01 -20, third team 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 permittees to examine sources of pollutants in storm water rtmoff
from activities for which th;st-the pennutees conduct, approve, regulate and/or authonred b� issum
isarr`a license or permit.
3223. The Report of Waste Discharge (the permit renewal application) included the following major
documents:
a. Summary of status of current Storm Water Management Program;
Maximum Extent Practicable (MEP) means to the maximum extent possible, taking into account xgui:ab+s
considerations of synergistic, additive, and competing factors, including but not limited to, gravity of the problem,
technical feasibilitrv.fiscal feasibility, public health risks, societal concerns, and social benefits.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 8 &` 44
The County of Orange, OCFCD, and Incorporated Cities Imerim Draft
Areawide Urban Storm Water Runoff
b. Proposed Plan of Storm Water Quality Management Activities for 2001 -2006 as outlined
�., a...., ,.._.�.
m e oa � AMPS. The eg4at�1_000 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 and non-structural BMPs and proposed pilot studies;
c. A Performance Commitment that includes new and proposed program elements and
compliance schedules necessary to implement o?ntmis that reduce Milutants to the
maximum extent macticable. ^ ° °. ,;e.g, „,,- * „ •atinas.sxetioa841is.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; ”
£ A summary of public agency activity, results of monitoring program, and program
effectiveness; and ...... -....
g. A fiscal analysis.
2324. The pemvttees own /operate facilities where industrial or related activities take place that may
have an impact on storm water quality. Some of the permit= 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, packs and recreational facilities, landscape and swimming
pool ma ritenance activities, storm drain system maintenance activities and the application of
herbicides, algaecides and pesticides. The permittees 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, 3-4& 36 of this order or are permitted by the
Regional Board under an individual NPDES permit. The second tern permit required the
pemmittms 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 bas been
completed However, this is a continuing process and this order requires the permmittees to continue
this process at least on an annual basis.
2325.
Successful implementation of the provisions and limitations in this order will require the
cooperation of all the public agency organizations within Orange County having prog-arns/activitim
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 nooccopemting entities to participate in this areawide permit a obtain individual storm
water discharge permits, pursuant to 40 CFR 122.26(a). The perninees have developed a Storm
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 9 of 44
The County of Orange, OCFCD, and Incorporated Chim Interim Draft
Areawide Urban Storm Water Runoff
Water Implementation Agreement among the County, the cities and the Orange County Flood
Control District The Implementation Agreement establishes the responsibilities of each parry and a
funding mechanism for the shared costs, and recognizes the Technical Advisory Committee (TAC).
2..-,6. The major focus of storm water pollution prevention is the development and implementation of
an appropriate 'mi-°t-° --e° -- - 'DAW4 including best management practices
(BMPs). The ultimate goal of the urban stone 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 pemrittees developed and submitted a DAMP4 which was
approved on May 3, 1994.
26-27. The DAMP is a dynamic document and the pemuttees 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 pemittees to continue to implement the
BMPs listed in the revised DAMP and to effectively prohibit illegal and illicit discharges to the storm
<_ :.drain system.
2?28. Urban runoff contains pollutants from privately owned and operated facilities. such as
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 pemittees and the regulators. The DAMP has a strong emphasis on public
. _.. .... education.
2529. The Orange County DAMP defined (1) a management structure for the pemminece 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 infomunion, new development and construction, public works construction,
industrial discharger identification, and illicit discharger/connection identification and elimination.
29-30. In order to characterize storm water discharges, to identify problem areas, to determine the
impact of urban mooff on receiving waters, and to determine the effectiveness of the various BMps,
an effective monitoring program is critical. The principal pemuttee administer; the monitoring
program for the pemuttees. This program - included storm water monitoring, receiving water
monitonrig, 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 `L warm spots" (areas
where the pollutant concentrations were above the average for the watershed) and "special value"
auras (critical aquatic resources). Another element of the monitoring program is the Reconnaissance
and Source Identification component that targets auras that are known to exhibit unusually high
levels of storm water pollutants.
4A.3 1. 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
Order No. 01 -20 (NPDFS No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Ci
Areawide Urban Storm Water Runoff
10 of 44
m Drak
with this approach, some of the monitoring programs have already been integrated into regional
monitoring Programs.
3-)-32. Any illegal dumping and illicitillegal 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
pemvttees. The pemrittees also developed a program to prohibit illegal/illicit connections to their
storm drains and flood control facilities. Continued surveillance and enforcement of these programs
are required to eliminate illicit connections and illegal discharges. The pemvttees 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 pemtittees certified that they had completed a reconnaissance survey of the MS4s to
detect and eliminate any illicit connections (undocumented or unpemtitted connections to the
MS4s). A reconnaissazlce survey is now being conducted as a part of the routine inspections of all
MS4s.
32-33. The permittees have the authority to control pollutants in storm water discharges, to prohibit
illegal discharges5llicit connections, to control spills, and to require compliance and carry out
inspections of the storm drain systems within their jurisdictions. The pemuttees have various forms
of legal authority in place, such as charters, State Code provisions for Ceneml Law cities, city
ordinances, and applicable portions of municipal codes and the State Water Code, to regulate
shorn water /urban mnoff discharges. In order to unsure countywide consistency and to provide a
legal underpinning to the entire Orange County SN-i storm Watee -water - rognnA a
model water quality ordinance was completed on August 15, 1994 and was adopted by all the
pemrinces. The pemadees are required by this order to review their existing enforcement authority
to determine whether thx-aned-kaFany additional legal authority is needed in order n - ^ - for
rernittees to adminstei civil and/or auninal penalties im enforcement actions for violations of the
Water Quality Ordinance.
13-34. 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 pemnittees 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 pemtittees are encouraged to
propose and participate in watershed wide and/or regional water quality management programs.
a Illegal discharge means any discharge (or seepage) to the municipal separate storm sewer that is not
composed entirely of storm water eacept for the authorized discharges listed in Section III of this permit. Illegal
discharges include the improper disposal of wastes into the storm sewer system.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 11 of 44
The County of Orange, OCFCD, and Incorporated Cores Interim Draft
Amwide Urban Storm Water Runoff
94-.35. ,
r a wigkin gfimla , -. a
...BAs such, these organizations are expected to actively participate in implementing
this ateawide storm water program The pemuttees have developed in ter - departmental training
programs and have made commitments to conduct a certain number of these training programs
dorm, the term of this permit.
3-5L36. In accordance with the Clean Water Act and its implementing regulations, this order requires the
pemrttees to develop and implement programs and policies necessary to ewn reducethe
discharge of pollutants in urban runoff to waters of the U. S. to the maximum extent practicable
(MEP).
If 37. 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 to the
maximum extent practicable. This order, therefore, includes Receiving Water Limitations based
Won 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 smvlaaiv require the implementation of control measures that are
technically and economically feasible �to protect beneficial uses and allam waterquality
objectives of the receiving waters.
3*38. 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.
?R39. 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).
4440, The requirements contained in this order are necessary to implement the plans and policies
described in Finding 389, above. These plans and policies contain numeric and narrative water
quality standards for the water bodies in this Region. This order requires oemrinees to coinoh with
Order No. 01-20 (NPDES No. CAS618030) -coned 13 of 44
The County of Orange, OCFCD, and Incorporated Cities Interim D ft
Areawide Urban Storm Water Runoff
waste load allocations for constituents with established load allocations for unman runoff lry
immlermcnnine the necessary
Continuation of water quality/biota monitoring and analysis of the data are essential to better
understand the impacts of storm water dischages on the water quality of the n imim water, make
«e16.,. �s 491.: ..
m sis,13 The existing Basin Plan, or any further changes to the Basin Plan may be
grounds for the perna trees to revise some or all of the DAMP and/or the ROWD.
4041. Pentarams will be required to comply with any applicable true 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.
44-41 The pemmittees may petition the Regional Board to issue a separate NPDES permit to any
discharger of non -storm water into storm daunt systems that they own or operate.
42,43. The pemnittees under the aegis of the TAC, and in collaboration with the City and County
- Attorneys, Orange County Sanitation District, the Orange County Budding Industry Assceiation, the
Food Sanitation Advisory Council, and Wester States Petroleum Association, developed an
Enforcement Consistency Guide and a Water Quality Ordinance. All of the per ittees adopted the
Enforcement Consistency Guide and the Water Quality Ordinance. These documents establish legal
authority for enforcing storm water ordinances and countywide uniRairmy in the enforcement
actions.
- 49,44. It is important no control litter to eliminate trash and other materials in storm water m1off. In
addition to the municipal ordinances prohibiting fitter, the pemude participate or organize a
number of other programs such as "Coastal Cleanup Day ", "Pride Days ", "Volunteer Connection.
Day ", etc. The pemuttees also organize solid waste collection programs, household hazardous
waste collections, and recycling programs to reduce litter and illegal discharges. Additionally, the
pemmittees have installed debris booms at a number of locations.
4445. The pemvttees are required to continue their drainage system inspection and maintenance
program
4346. 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 ne the
source of bacterial contamination indicated that there is only a minor contribution to the bacterial
problems from urban nmoff. The petmittees 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 mneasunes. This order requires the perrnittees to further investigate and
address the coastal bacterial problems.
46-47. The sampling data indicate the presence of elevated levels of pesticides in storm water nmoff
from urban areas. The pemnittees have developed and implemented a model plan entitled,
"Management Guidelines for Use of Fertilizers and Pesticides ". The perm ittees are required to
review this plan to determine its effectiveness and to make any needed changes.
Order No. 01 -20 (NPDES No. CAS618030) - court] 13 of 44
The County of Orange, OCFCD, and Incorporated Cities Interim Draft
Areswide Urban Storm Water Runoff
47-48. Public education is an important part of storm water pollution prevention The perinn ees 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 tern public education
strategy. The permittees are required to continue their efforts in public education programs.
4949. The pemuttees established a tasld-orce consisting of the principal Pennines, Building Industry
Association, Association of General Contractors and Civil Engineers and I -and Surveyors of
California and developed 'Best Management Practices for New Development hicluding Non -
Residential Construction Projects (1 -5 acres) ". The permittees are implementing the BMPs from
this guidance document and are requiring new developments and significant redevelopments to
develop and implement appropriate Water Quality Management Plans. This order — requires
addition-I stmcmral and non-structural BMPs for new developments and significant redevelopments
only adequate if regional and/or watershed wide management programs are not being implemented
40.50, The Regional Board and the peanittees 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 pemvttees 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.
3 .51. The storm water regulations require public participation in the development and implementation
of the storm water management program As such the permittees 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 dre on November 15. In eunsigeri
thnesnonse to public comments, the pentium may modify reports, plans, or schedules prior to
submittal to the Executive Officer.
34-52. In accordance With California Water Code Section 13389, the issuance of waste discharge
requirements for this discharge is exempt from those provisions of the California Environmental
Quality Act contained in Chapter 3 (commencing with Section 21100), Division 13 of the Public
Resources Code.
32-53. "Ihe permitted discharge is consistent with the anti-dz_radation Provisions of 40 C'FR 131.12
and the State Board Resolutior G8-lfi This order requires implementabim of mom s; fie
BNIPs) u, reduce the level of pollutants in the stir water discharges The rxxential increase of
Pollutant discharge in storm water fiom these sources will addressed in the review and
implementation of the Proumm and by the addition of a ti %ater Quality Managemem Fhn to the
requirements of this
'gym
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 14 of 44
The County of Oranges OCFCD, and In orporated Cities Interim Draft
Areawide Urban Storm Water Runoff
33-54. 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 recommendations.
3455. The Regional Board, in a public hearing, heard and considered all comments pertaining to the
discharge and to the tentative requirements.
IT IS HEREBY ORDERED that the pemrittees, in order to meet the provisions contained in Division
7 of the Califomia 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,RESPONSIBILITIES OF PRINCIPAL PERMITTEE
f.
The principal pemuttee shall be responsible for the overall program management and shall: -
I. Conduct chemical and biological water quality monitorinm as agreed`upon'bythe Ezecmive
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 Storm Water Regulations.
4. Respond and/or anaage for responding to emergency situations such, w 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 pemdttee.
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 permittee should include, but not be limited to, the following:
I [.Coordinate and conduct Management Committee meetings on an as needed basis. The
principal penni tee will take the lead role in initiating and developing area -wide programs and
activities necessary to comply with the NPDES Permit.
&2.Coori inate permit activities and participate in any subcommittees formed as necessary, to
coordinate compliance activities with this order.
943.Provide technical and administrative support and inform the co- pemrittees of the progress of
other pertinent municipal programs, pilot projects, research studies, etc.
44=4. Coordinate the implementation of areawide storm water quality management activities
such as public education, pollution prevention, household hazardous waste collection, etc.
Order No. 01 -20 (NPDES No. CAS618030) -coned 15 of 44
The County of Orange, OCFCD, and Incorporated Cider Interim Draft
Areawide Urban Storm Water Runoff
44-. 5 Develop and implement mechanisms, performance standards, etc., to promote uniform
and consistent implementation of BMPs among the pemuttees.
4-2�. 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.
44.774 In conjunction with the other permittees, implement the BMPs listed in the approved
DAMP.
4448. Monitor the implementation of the plans and programs required by this order and
determine their effectiveness in protecting beneficial uses.
4-9. Coordinate all the activities with the Regional Board, including the submittal of all
reports, plans, and programs as required under this order.
+6-10. Obtain public input for any proposed management and implementation plans where
'.. applicable.
4 -7-11. Cooperate in watershed management programs and regional and/or statewide
monitoring programs.
-H.. RESPONSIBILITIES OF THE CO- PERI1'HTTEES
The co- permittees 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 m3andam 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 penninee.
4. Take appropriate enforcement actions for discham_es to the MS4 syste'nr owned or anitrolled
by the co-
w.,
. a,. ,
The co- perrnittees' activities should include, but not be Iinured to, the following:
s1.Participate in a Management Committee comprised of the principal pemvttm and one
representative of each co- pennittee. The principal pemilttee 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 sire times per year). Each pemvttee shall
designate one official representative to the Management Committee.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and incorporated Ci
Areawide Urban Storm Water Runoff
16 of 44
in Drag
2.Review, approve, implement, and comment on all plans, strategies, management programs, and
monitoring programs, as developed by the principal petmittee or any pemnittee subcommittee to
comply with this order .
a- 3.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.
%4.Conduct and coordinate with the principal permittee any surveys and characterizations needed
to identify the pollutant sources and drainage areas.
5.Submit storm drain system maps with periodic revisions as necessary-
44,-6. Respond to emergency situations such as accidental spills, leaks, iflegal discharges/illicit
connections, etc. to prevent or reduce the discharge of pollutants to storm drain systems and
waters of the U.S.
44-7.7. Prepare and submit all reports to the principal pemmittee in a timely manner.
M. DISCHARGE LIMTTATIONSIPROMBITIONS
1. The pe rnitees shall prohibit illicit/ legal 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.
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 maxun»r extent practicable is
prohibited.
4. The pemuttees shall effectively prohibit the discharge of noastomm water into the MS4s. unless
such discharges are authorized by a separate NPDES permit or otherwise as specified in this
provision. Certian `1w c.n, ,-..i-g - , discharges identified below may not contain pollutants and
need not be prolmbited by the permittees. If these discharges are identified by the pemtittees 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. SO .-.d 1.. 1J tinr'c FdRNAS .. ,.L,.,._..,.,. ed 6...6., llwgio,., ,,,. c,,4, D,.-1
e-b from potable water line flushing and other potable water sources,
d=c fire hydrant testing and flushing; with appropriate BMPs,
rd. air conditioning condensation,
Order No. 01 -20 (NP DES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated C
Areanide Urban Storm Water Runoff
17 of 44
m Draft
£e. landscape irrigation, lawn garden watering and other irrigation waters,
g f: passive foundation drains,
ha passive footing drains,
th. water from crawl space pumps,
j:L-dechlormated swimming pool discharges,
ynon- commercial vehicle washing,
Ih. diverted stream flows,
ind rising ground waters and natural springs,
tram ¢ound water infiltration as defined in 40 CFR 35.2005 (20) and
uncontaminated pumped groundwater,
e flows from riparian habitats and wetlands,
n
J oo.nnergency fire fighting flows need not be prohibited; however, appropriate BNTS shall
be implemented to the extent practicable; BMPs must be implemented to reduce
pollutants from norreme gency fire fighting flows;
:Lwaters not otherwise containing wastes as defined in California. Water Code Section
13050 (d), and
f:9-other types of discharges identified and recommended by the pemtittees and approved
by the Regional Board -
The Executive Officer may add categories of non -stove water diselunzcs, that are not si mifieant
sources of rcdlumnts or remove 4x--categories of non -stove water discharges listed above
based unon a findin'- that the discharmes are a source ofpollutants.
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 permattem shall include in the Environmental Performance Repon, a proposed
plan to eliminate the non -storm water discharges in a timely manner.
7. The pemances shall reduce the discharge of pollutants, including Wish 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.
Order No. 0I -20 (NPDES No. CAS618030) - caned IS of 44
The County of Orange, OCFCD, and Incorporated Cites Interim Draft
Areawide Urban Storm Water Runoff
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 Waters or
groundwaters.
2. The per uttees shall comply with Section N. 1 of this order through timely implementation of
control measures and other actions to reduce pollutants in urban stomp water runoff in
accordance with the DAMP and other requirements of this order.. including any modifications
thereto.
3. If pennittees continue to cause or contribute to an exceedance e ede's - ° ° °: of water quality
+tandai:ds ssr t, notwithstanding implementation of the DAMP and other requirements of this
order, the peanittees shall assure compliance with Section IV. 1 of this order by complying with
the following procedure:
a. Upon a determination by either the pem ittees or the Executive Officer that the discharges
from the MS4 systems are causing m contributing to an exceedauce of an applicable water
quality standard, the pwneipal -pema ttees shall promptly notify and thereafter submit a report
to fire Executive Officer that describes BMPs that are currently being implemented and
., additional BMPs that will .ter 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
ratification;
c. Within 30 days following approval by the Executive Officer of the report described above,
the pemuttees 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;
d. Implement the revised DAMP and monitoring program in accordance with the approved
schedule.
So long as the pemvttees have complied with the procedures set forth above and are
implementing the revised DAMP, the pemuttees do not have to repeat the same procedure for
continuing or recurring exceedances of the same receiving water lu rnations unless directed by
the Executive Officer to do so.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 19 of 44
The County of Orange, OCFCD, and Incorporated Cities Interim Dnfr
Areawide Urban Storm Water Runoff
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 L 2002;, the pennittees shall evaluate the storm water management
structure and the Implementation Agreement and determine the need for any revision. The
corresponding annual report shall include the findings of this, review and a schedule for any
needed revisions.
VI. LEGAL AUTHORITY/ENFORCEMENT
I. The permittees shall maintain and enforce adequate legal authority to control discharge of
pollutants into their MS4 systems.
2. The pernittees 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 mechanisms shall include sanctions to ensure
compliance. Sanctions shall include but are not limited to: monetary penalties, non - monetary
penalties, bonding requirements, and/or pemtit denials for non- comphance. If the petmittees'
current ordinances do not have a provision for civil or criminal penalties for violations of their
water quality ordinances, the pernimees shall enact such ordinances by July 1, 2003.
4. The pemuttees 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 permittre,
and any other relevant infominnom
5. By July 1, 2003, the permittees 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 pemrirees may propose appropriate control measures in lieu of prohibiting
these discharges):
Order No. 01 -20 (NPDES No. CAS618030) - cont'd 20 of 44
The County of Orange, OCFCD, and Incorporated Cifies Interim Draft
Are vide Urban Storm Water Runoff
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 wasting, steam and pressure cleaning, carpet
cleaning, etc.;
e. Water from cleaning of municipal, industrial, commercial, and .. Rdeaua °-��. 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;
IL Pet waste, yard waste, debris, sediment, etc;
i Restaurant wastes such as grease, floor mat and trash bin wash water, food waste, etc.
i
VII. ILLEGALH.LICTT CONNECTIONS• LITTER DEBRIS AND TRASH CONTROL
1. The pemances shall continue to prohibit all illicit and illegal connections to the MS4s through
their ordinances, inspections, and monitoring programs. If mutme inspections or dry weather
monitoring indicate any illicit or illegal connections, they shall be investigated and eliminated or
permitted within 40120 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, math 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 be included in the annual report The pennittees 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 pemnittees 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-
4. By July I, 2003, the pemrittees shall review their litter /trash control ordinances to determine the
need for any revision The pemnimees are encouraged to characterize trash, determine its main
Order No. 01 -20 (NPDES No. CAS618030)- con t'd 21 of 44
The County of Orange, OCFCD, and Incorporated Chic, I D k
Areawide Urban Storm Water Runoff
somce(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 204243.
5. By July 1, 2003, the permithes shall determine the need for any additional debris control
measures. The findings shall be included in the annual report for 204203
-
VIII. CRITERIA FOR ACCEPTING RUNOFF INTO THE MS4s
1. The perminces shall ensure that pollutants in runoff from municipal co n micatim industrial, and
other activities have been reduced to the maximum extent practicable before entering the MS4s_
Unless the oemriuees have atmroved down strzatn regional tr am ent in place.
2. The permittees 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 perrnittee, in coordination With the local sewering agencies, shall
propose to develop euidelines to determine and control the impact of infiltration from leaking
sanitary sewer systems on urban nmoff, including stom water, quality . At a unitarian, these
guidelines shall include a mechanism to address exfiltration from all sanitary sewer lines that are -
24 inches or larger —and a 24 how access nrocedurz to al( stomt water facilities within their --
im sdwtirm The Executive Officer will opA4,Mcl est the local seweting agencies the need to
work cooperatively with the pemuttees in developing these guidelines. -
2. By July 1, 2003, the permidees whose jurisdictions have 50 or more septic tank sub- surface
disposal systems in use shall prepcez- idultifv with the woes puiate ec �zrt� acncv a
mechanism to determine the effect of septic system failures m storm Water quality and a
mechanism to address such failures.
3. The Executive Officer will request the local sewenw agencies to take the lead and develop. by
no later That July 1, 2003 in co Mt7,m n mjjb the orin'111,11 rnirtez , P ;m �
e itaiiiewes, 1apw:e -a unified
response guidance to respond to any sewage spills that may have an impact on receiving water
quality . The PlIkHrx)ioal Pennittee shall a))hawrate with the Local sewerine mencies (,n the
devekmmen of the unified remote widm,
4. By July 1, 2003, the principal permittee —_shall review the permitteas' current oversight
Programs for - portable toilets to determine the need for any revision.
X, NEW DEVELOPMENT (INCLUDING SIGNIFICANT RE- DEVELOPMENT)
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Rnn.B
22 of 44
A. .4---- GENERAL REQUIREMENTS:
By July 1 " 002 the =proses shall establish a mechanism to ensure (prior to issuarx:e of anv
local pemuts or other annmvals) that all construction iiteiestg -_ `� e _M_ of lasA ' rib -
that are ruuired to obtain- wveraac under the State's Gencaa] Storm Water Pemtit for
construction sites have-eithef filed with the State Board a Notice of Intent to be covered by
the relevant General Pemtit The pennittees shall also establish a nxcchanism (by July 1.
X0021 to ensure that local rKrinits for all oroposed construction sites and industrial fAcilities
are conditioned upon proof of obtaining coverage under the Suite's General Pennit
1.
4-2.Each pmaittm shall review mid revise the DAMP and implement any changes in the
DAMP, as ri cessary in order to require construction site discharger., to reduce pollutants in
runoff from construction sites during all construction phases. At a ainimum, the DAMP
shall address:
a. Pollution Prevention
b. Grading Ordinance
c. Filing of a Notice of Intent (NOI) prior to grading
d. Enforcement of Constnu an Sites reouiremerts
- -e.. _RepottingofNon- compliance Sites
f Implementation of WQMP
2-3 Each pemilttee shall review and revise the DAMP and implement any changes in the
DAMP. as necessary in order to require industrial site discharge, 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
I Enforcement of Industrial Sites
g. Reporting of Non - Compliant Industrial Sites
3.lFRPlEffleR1i4WR .r WQh en
4. Each penwtte : shall minimize the short and long -tenn hnpacts on receiving water quality
from new developments and re- developments. In order to reduce pollutants and runoff
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
23 of 44
flows from new developments and re- developments to the maximum extent practicable,
pmnrm s shall at a minimum:
a. Review General Plan/CEQA Processes
b. Modify the Project Approval Process
c. Conduct PublicBminess Education
5. Within 120 days of the issuance of this order, the pern ittees shall review their planning
procedures and CEQA document preparation processes to ensure that urban =off -
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 m the CEQA checklist, and
conducting training for project proponents.
6. By July 1, 2004, the perminees shall incorporate watershed protection principles and
policies into the General Plan or mlated kwt documents (such as Uevelooment
Standards. Zoning Codes. Conditions of Approval Ue elcmmeru Pmiect Guidance) 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; mlnuau�e impacts from stoney 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 controls.
usludng structural and non-structural B-Y•1Ps. e@444 —to mitigate the projected
increases in pollutant loads and flows; ensure that post - development nmoff rates and
velocities from a site do Rot axekej the pfe a_. .ATgle,4 —
msintain or reduce ore- development downstream erosion and Protect stream habitat
murnarzr the quantity of storm water directed to impermeable surfaces and the MS4s;
m ountize 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 pemtanent measures to reduce stone water pollutant loads in
storm water from the development site;
I Establish development guidelines for auras particularly susceptible to erosion and
sediment loss;
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
24 of 44
7. By July 1, 20083, the pemutiees shall review their current gradingiemsion control
ordinances to dewimine whether revisions are needed in ordeT to reduce erosion caused by
new development or simificnt re- development tnuiects Ilse Bead rr M; w.=
8. The peanittees shall, through conditions of approval, ensure proper maintenance and
operation of any permanent flood control stnx:nues installed in new developments. The
parties responsible for the maintenance and operation of the facilities, and a finding
mechanism for operation and maintenance shall be identified prior to approval of the
project.
9. By July 1, 2003, the principal pemtittee shall submit as a part of the 2003 annual rewrt
e .t....e the .lT..w:..... s ,.1'_- seelected-PI4i' `
proposal for a study to evahmte the effictiveness of a slected Bh•IP for controllme erosion
durine new development. This proposal sandy shag k-mcluded details in the 2003 Anns �al
fepaf,, f the new development project site, the BMP selected for the
study, and a proposed schedule to complete the study.
10. The pemuttees 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 permittees shall review their DAMP to
determine the need for.
a. Re- establishing the New Development Task Force
b. Establishing a Water Quality Plan verification prograrn
c Revising their grading and erosion control ordinances - -
a, 1 �aaa4 ._ ME)
B_8. —WATER QUALITY MANAGEMENT PLAN (WQMP) FOR URBAN
RUNOFF (FOR NEW DEVELOPMENT /SIGNIFICANT REDEVELOPMENT):
By July 1, 2003, the pemaittees shall review their existing BMPs for New Developments
(Appendix G of the DAMP) to determine the need for developing a revised WQMP for
urban runoff from new developmenis/significant re- developments for the type of projects
listed below and submit for review and approval by the Executive Officer. Significant re-
development 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 packing lots, etc.
a. All significant m- development projects.
b. Home subdivisions of 10 units or more. Tlm includes single family residences, multi-
family residence, condominiums, apartments, etc.
Order No. 01 -20 (NPDES No. CAS618030)- cont'd
The County of Orange, OCFCD, and Incorporated Cities
Artawide Urban Storm Water Runoff
25 of44
c. Commercial developments of 100,000 square feet or mom. This includes non-
residential developments such as hospitals, educational institutions (the pernimees 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- 510,000 square feet or more wdrich :ue— •- e•,s,,,:
'' °•_'. :::; liked on arias 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 arias such as areas
designated in the Ocean Plan as areas of special biological significance or waterbodies
,fisted on the CWA Section 303(d) list of impaired waters.
IL Parking lots of 5,000 square feet or nure 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 pemiittees are encouraged to_include m the WO1vfP the developMM! and
Unplemeraion ofregional and/or watershed management programs that address runoff
from new development and si4rificant re- development The —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 WQNT is to develop and implement practicable
programs and policies to ensure that urbanrnman does not significantly change the
hydrology for the site, increase the urban nmoff 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 orssite -and/or
watershed -based BMPs.
2. The pollutants in post - development runoff shall be reduced to the maximum extent
practicable.
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-is a rayt properly addressed in the WQMP, and in the absence of an
appmved WQMP by January 1, 2004, the structural BMPs for all new dcvel <mment end
Order No. 01 -20 (NPDFS No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Amawide Urban Storm Water Runoff
26 of 44
si;mificant nxlevelnoment shall be sued to comply with one of the following numeac 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 -hots, 85" percentile storm event, as
determined from the local historical rainfall record; or
2. The volume of annual nmoff produced by the 85' percentile, 24 -hour rainfall
event, determined as the maximized capture stone water volume for the area,
from the f rmnula recommended in Urban Runoff Ouahty Management. WEF
Manual of Practice No 23 /ASCE Manual of practice No. 87 (1998); or
3. The vohmme of annual nrnoff based on unit basin storage volume, to achieve
480? or more volume treatment by the method recommended in California
Stormwater Best Management Practices Handbook — Industrial/commercial
(1993); or
4. The volume of mno$ 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 nmoff event;
OR
B. Flow
Flow -based 9A4FSBMPs shall be designed to hifrltrate, filter, or twat either
1. The ma uni mr flow rate of runoff produced from a rainfall intensity of 02 inch of
rainfall per how; or
2. The maximum flow rate of nmoff 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:
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.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
27 of 44
3.Stmcnnal infiltration treatment Bws shall not cause a nuisance, including cdoc
orvectors, or pollution
The permaces may propose any equivalent sizing criteria for treatment BWs or other
controls that will achieve greater or substantially similar pollution control benefits. In the
absence of an approved sizing criterion, the pmnittees shall implement the above stated
sizing criteria If the BW is not technically feasrble or if the cost of BNT implementation
gready outweighs the pollution control benefits, the pemuttees may grant a waiver of the
numeric sizing criteria T,. - .4- ... he permittees
may propose to establish an urban ^ runoff fund to be used for urban water quality -
improvement projects within the same watershed_ -that is fimded by a ntributium bam__ ._
developers granted waivere - r
M. PUBLIC EDUCATION AND OUTREACH ..
1. The permutes shall continue to implement the public education efforts already underway and
shall Implement the most effective elements of the comprehensive public and business education
strategy contained in the Report of Waste Discharg&DAW. By July 1, 2002, the pemtittees
shall complete a public awareness survey to detemrine the effectiveness of the current public
and business education strategy and provide a future action plan.
2. When feasible, the pemantees 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 pemuttees 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 perrninee shall participate in at least one event per year.
3. By December 1, 2001, the permittees shall establish a Public Fducation Conunittee to provide
oversight and guidance for the implementation of the public education program The Public
Fducation 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% of the residents
including businesses, commercial and hdustrial establishments. By July 1, 200?2, the public
Education Committee shall develop BMP guidance for restaurants, automotive service centers,
and gasoline service stations for the industrial facility inspectors to distribute to these facilities
during inspections.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Chen
Areawide Urban Storm Water Runoff
28 of 44
4. Within six months of adoption of this order, the peemittees 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 sheets, storm
drains and other waterbodies.
5. By July 1, 2003, the pemilttees 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 Julv I '00" the permittees shall conduct an evaluation to determine the best method of
^establishing a mecha ism(s) for Providing eductional and General Industrial Permit materials
businesses within their imsidition.
Nl MUNICIPAL FACILITIES/ACT MUS
. .:1. €Each pemuttee 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 permittees shall review all
then activities and facilities to determine the treed for any revisions to the Environmental
Perfomrance 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 pemu tees, the pemuttees 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 tray include in- channel sediment basins, bank stabilization, water
treatment wetlands, etc.
3. By July 1, 2002, the principal pemuttee 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
Order No. 01 -20 (NPDES No. CAS618030) - coned
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Star. Water Runoff
29 of 44
4. By July 1, 2002, the principal pernintee shall develop and distribute BMP guidance for public
agency and contract field operations and maintenance staff to provide guidance in appropriate
pollution control meas m, 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 limnittee 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 pernuttee shall attend at least three of these training
sessions during the five year tmn of this pemut (from 2001 to 2006).
6. By July 1, 2002, the principal permittee shall develop a model maintenance procedure for
drainage facilities. This shall be included in the 2002 annual report Each pemuttee 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 permarm. This shall be included in the annual report.
7. By July 1, 2002, the perrnittees 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/AC7MTIES
I . This order authorizes the discharge of storm water runoff from construction projects that may
result in land disturbance of five (5) acres or mom (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 pernimees. All permittee construction activities shall be
in accordance with DAMP, Appendix H.
2. Prior to commencement of construction activities, the pemuttees 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 pernittees 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
Permit
5. The pernittees shall give advance notice to the Executive Officer of the Regional Board of any
Planned changes in the construction activity, which may result in noncompliance with the latest
version of the State's General Construe ion Activity Stoma Water Penrit
Order No. 01 -20 (NPDES No. CAS61 5030) -coned
The County of Omnge, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
30 of 44
6. All other temu and conditions of the latest version of the State's General Construction Activity
Stone Water Perrin shall be applicable.
XIv. SUB - WATERSHEDS AND TMDL IMPLEMENTATION
1. The peanittees shall to maximum extent practicable mect the follotViM, nm et swnpk-with-ihe
fe - �° load allocations for nutrients ururKm runoff 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. as� anprov d by the Executive Officer.
(This section intentionally left blank) --
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCPCD, and Incorporated Cities
Areawide Urban Storm Water Rinuiff
Table 3.
Seasonal Load Allocations of Total Nitrogen for the New ort Ba W t h d
31 of
TN= IN+
(T Organic N).
-'= 1990.1997 annual average (summer loading and winter loading).
Estimated annual average (summer and winter loading).
'= Total nitrogen winter loading limit applies between October I 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.
`` Daily load limit applies upon commencement of,ischarge.
'°"- Lbs /day TN (monthly average).
'' Assumes 67 non -storm days.
Table 4.
Annual Total Phosphorous Load Allncaftnnc For Th. Nra.N.,,..t R.- W... --- I
2002 Allocation _ -_ - -
lbs/ ear TP'
- 2007 Allocation
Ibs/ ear TP'
TMDL
P
y a ers
e .
Nutrient
TMDL
1990 -1997
Loading
2002
:All satiea`A
R
2002
Surrnner
Allocation
(Apr Septf --,
2007
,6d{Ekaawh'Al
loca(ionE
2007
Summer
Allocation
(Apr - Sept)"
2012
All, s
2012
Winter
Alloca lon
(Oct-Ma )'v"r.
Allocation"
Newport
Bay
lbbs/year
TN'
Ibs/day
4N'"TN'
Lk,lbs/seaso
nTN
Ibs/day
; "- fNa
lbs/season
TN
lbs/day
"`lNa
l,balbs/ soa
TN
Watershed
Wasteload
Allocation
Urban runnyll
277,x} "13,
20,785
16,628
5 year target
10 year
15 year target
target
TN= IN+
(T Organic N).
-'= 1990.1997 annual average (summer loading and winter loading).
Estimated annual average (summer and winter loading).
'= Total nitrogen winter loading limit applies between October I 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.
`` Daily load limit applies upon commencement of,ischarge.
'°"- Lbs /day TN (monthly average).
'' Assumes 67 non -storm days.
Table 4.
Annual Total Phosphorous Load Allncaftnnc For Th. Nra.N.,,..t R.- W... --- I
-•••j • ^ — •� _ '; — no oiler man mts oate. -the Regional Board may require earlier compliance with these
targets when it is feasible and reasonable.
2002 Allocation _ -_ - -
lbs/ ear TP'
- 2007 Allocation
Ibs/ ear TP'
TMDL
86,912
62,080
Urban areas
4,102
2,960
-•••j • ^ — •� _ '; — no oiler man mts oate. -the Regional Board may require earlier compliance with these
targets when it is feasible and reasonable.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Sturm Water Runoff
32 of"
Table 5, Annual Total Nitrogen Load Allocations For San Diego Creek, Reach 2 During Non,
Storm Conditions.' -
Total nitrogen loading limit applies when the can daily flow rate at San Diego Creek at Culver Drive is below 25
cubic feet per second (efs), and when the mean daily flow ate in San Diego Creek at Culver Drive is above 25
cubic feet per second (efs), but not as the result of precipitation.
t— 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.
2. The petmittees shall to the maxumm� extent practicable. meet the epn p; • :i;:h dw following
target -waste load allocations for sediment in urban nmoff by implementing the BMPs contained
in Appendix N of the DAMP and in
response n the January 13, 1999;_ Water Code Section 13267 letter from the Executive
Officer . as g roved. by 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 turning
annual average.
3. The petmiltees shall
the January 07, 2000, Water Code Section 13267 letter from
the Executive Officer, as arromved by the Executive Officer.
j)eEdMb-F 30, 20 12
44-4. ef4he a
z
100 ML t ..
v a.. _ F a
` a,
.. 3
2012 Allocation
Ibs/da TNa
• UDL
14lbs/day IINI
Waste Load Allocation (Urban runoff
5.5 Ibslday (TN)
Total nitrogen loading limit applies when the can daily flow rate at San Diego Creek at Culver Drive is below 25
cubic feet per second (efs), and when the mean daily flow ate in San Diego Creek at Culver Drive is above 25
cubic feet per second (efs), but not as the result of precipitation.
t— 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.
2. The petmittees shall to the maxumm� extent practicable. meet the epn p; • :i;:h dw following
target -waste load allocations for sediment in urban nmoff by implementing the BMPs contained
in Appendix N of the DAMP and in
response n the January 13, 1999;_ Water Code Section 13267 letter from the Executive
Officer . as g roved. by 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 turning
annual average.
3. The petmiltees shall
the January 07, 2000, Water Code Section 13267 letter from
the Executive Officer, as arromved by the 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
33 of 44
4. This order may be reopened to include additional requirements based on new or revised
TMDIs -i a° elaa 1 and/or for failure to implement the pmvisoms of Section
XV. PROGRAM MANAGEMENUDAMP REVIEW
1. By July 1 of each year, the permittees shall evaluate the DAMP to determine whether 4l'- need
fx-atty revisions are necessary in order to reduce pollutants in'viS4 dis hut's to the maximum
extent. practicable. At a minimum, the first annual review after adoption of this order shall
include the following:
a. Review of Aay-eddiac ' the fomtal training needs of far municipal employees
b. Review' of " �a feF addjtj„rja , coordinating meeting/training for the designated NPDES
inspectors.
2. The annual report shall include the findings of this review and a schedule�fo'r, iy"neede-d -
revisions or a copy of the amended DAMP with the proposed changes. -- -
3. The Pennittee Committee shall meet at least six times a year to discuss issues related to pemut
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
I. The peer tt= shall prepare and submit a unified fiscal �•- -'�,a,:,,t°-�.: malvsjs to the Executive
Officer of the Regional Board The fiscal analysis shall be submitted with the Annual Report
document w later than November 15th of each year and shall, at a minimum, include the
following
a. Each pemuttee's expenditures for the previous fiscal year,
b. Each pemvttee's budget for the current fiscal year,
c. A description of the source of funds, and
d. Each penmttee's estimated budget for the next fiscal year.
XVII. PROVISIONS
A. GENERAL
1. The Purpose of this Order is to reouve the implementation of best management Practices to
the maximum extent practicable in order to suoport reasonable further oro_=ss toward
attainment of water quality objectives
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
34 of 44
4- Pemvttees shall demonstrate compliance with all the requirements in this order and
specifically with Section III. Discharge Limitations and Section IV. 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 permittees shall implerient all elements of the DAMP. Where the dates in the DAMP
are different than those of iHe -this order, the dates in tk Aiis 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 pemrittees shall comply, with Monitoring and Reporting Program No. 01 -20, and arty
revisions thereto which is hereby made a part of this order and a:) fear
- _ iliereteinclurlir� —the Executive Oicer is authorized to revise the Monitoring and
Reporting Program and also to allow the pemtittees to participate in regional, statewide,
national or other monitoring programs in heu of or in addition to Monitoring and Reporting
Prograrn No. 01 -20.
4. Upon approval by the Executive Officer of the Regional Board, all plans, reports and
subsequent amendments ao-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 penniaees shall report to the Executive Officer of the Regional Board
a. Any enforcement actions and discharges of storm or non -storm water, }mown to the
permittees, which may have an hnpact on human health or the environment,
b. Any suspected or reported activities on federal, state, or other entity's land or facilities,
where the pemuttees 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)
anrr- `T'.e�.,ter - Pe�nri6 —h The
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&Taipea. E._ _....r.,_ o1o. { We can remove this it is already covered in the Public
Education Section by Xl. 6. And XI. 7.
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
3s of 44
7. Permit application and special NPDES program requirements contained in 40 CFR 122.21
(a), (b), (d)(2), (f), (p); 122.41 (a), (b), (c), (d), (e), (f), (g), (h), (i), G), (k), (1); and 122.42
(c) are incorporated into this order by reference.
XVM. PERMIT EXPIRATION AND RENEWAL
1. This order expires on June 1, 2006 and the permittees must file a Report of Waste
Discharge (permit application) no later than 180 days in advance of such expiration daze as
application for issuance of new waste discharge requirements. The Report of Waste
Discharge shall, at a nammaum include the following:
a. Any revisions to the Drainage Area Management Plan including, but not limited to, all
the activities the pennittees 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,,my proposed pilot studies, etc.;
b. Changes m kmd use and/or population including land use 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 N of this order. -
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 pemrittees 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
Order No. 01-20 (NPDES No. CAS618030)- eont'd 36 of 44
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
4. Order No. 96 -31 is hereby rescinded
1, Gerard ThibeaxA Executive Officer, do hereby certify that the foregoing is a full, it=, and correct
copy of an order adopted by the California Regional Water Quality Control Board, Santa Ana Region,
on June 1, 2001.
Gerard J. Tlubeault
Executive Officer
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Order No. 01 -20 (NPDRS No. CAS618030) - conrd
The County of Orange, OCFCD, and Incorporated Cities
Areawide Urban Storm Water Runoff
39 of 44
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 (Calttans), District 12
Southem 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 Tom
National Forest Service
Universities and Colleges
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
Anglican Elementary School District
Anaheim Union High School District
Brea- Olinda Unified School District
Buena Pads 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
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Amawide Urban Storm Water RuwR
Lowell Joint Union High School District
Magnolia Elementary School Distict
Newport-Mesa Unified School District
40 of 44
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Ornge OCFCD, and Incorporated Goes
Areawide Urban Storm Water Runoff
n_vac_Na s- n-a 20
Ocean View Union Kish School District .._
Orange Unified School Diatrict
Placentia Unified School District
Santa Ana Unified School District
Savanna Union High School District
Tustin Unified School District
Westumnser Union High School District
Yorba Linda Joint Union High School District
•ryr .
Anaheun General Hospital
Brea flnnnnmity Hospital
Chapman General Hospital
Children's Hospital of Orange County, Orange
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, Anaheun
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
Water/Wastewater Agencies
Santa Ana Watershed Project Authority
Irvine Ranch Water District
Los Alm Water District
El Toro Water District
San Bernardino County Flood Control District
Riverside County Flood Control & Water Conservation District
LA. County Department of Public Works
County Sanitation Districts of Orange County
41 of 44
Order No. 01 -20 (NPDES No. CAS618030) - cont'd
The County of Orange, OCFCD, and Incorporated Cities
Are, wide Urban Storm Water Runoff
Orange County Water Distict
Metropolitan Water District
42 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
I. GENERAL
1. Revisions of the monitoring and reporting program are appropriate to ensure that the pennipees
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 pemrittees to participate in statewide, national,
or other monitoring pmgrarns in lieu of this monitoring program.
3. All sample collection, ban&'& storage, and analysis shall be in accordance with 40 CFR Part
136 or other methods approved by the Executive Officer.
4. The permittees are authorized to complement 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
thie+-the 1999 monitoring program will be completed by June 2003. The perm ittees also participate in
the Regional Monitoring Program for San Diego Creek Nutrient TMDL and other regional monitoring
programs such as those conducted by 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:
To develop and support an effective municipal urban runoff and non-point source control
program
M &RP Order No. 01 -20, NPDES No. CAS618030 44 of 44
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.
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 moff 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).
g. 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 pemvuees.
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 pemuttees shall continue to implement the 1999 Water Quality Monitoring Program until
development and implementation of other acceptable monitoring programs.
2. The peanittees 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 permittms 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 perimmem 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 n+ imium the program shall mdude the following
A, Uniform guidelines for quality control, quality assurance, data collection and data analysis.
01
M &RP Order No. 01 -20, NPDES No. CAS618030
45 of 44
B. A mechanism for the collection, analysis and interpretation of existing data from bcal,
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 collated data; and to identify any unique features
of the Santa Ana Watershed The peruttees 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, sedunent, stream
health, etc.) chosen for monitoring;
G. Parameters selected for field screening and for laboratory work; and
FL 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 df 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
1. All progress reports and proposed strategies and plans required by this order shall be signed by
the principal Pe dee, and copies shall be submitted to the Executive Officer of the Regional
Board under penalty of perjury.
The pemnttees 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 151h, of each year. This progress report may be submitted in a mutually agreeable
electronic format At a minitnum, annual progress report shall include the following:
M &RP Order No. 01 -20, NPDES No. CAS618030
46 of 44
a. A review of the status of program implementation and compliance (or noncompliance)
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 successful the program has been in
eliminating illicariillegal discharges and reducing pollutant loads in storm water
discharges;
C. An assessment of any stone 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 pier -s.-
memiittee actions for the next fiscal year, and
g. Major changes in any previously submitted plaris/pohcies
The perrmuces shall be responsible fa the submittal to the Drinci No perrmittee of all. required
information/materials needed to comply with this order in a timely rmarmer—u:=�
peerxittaz. All such submittals shall be signed by a duly authorized representative of the
pemnittee under penalty of perjury.
V. REPORTING SCHEDULE
All reports required by thus order shall be submitted to the Executive Officer of the Regional Board in
accordance with the following schedule:
I ITEM I D01'E LETION I DUE DATE
olanannne Drocedures and CEOA I Within 120 days of I Nov 15.
M &RP Order No.OMO, NPDES No. CAS618030
document preparation processes
issuance of this order
2002
Establish Public Education Committee
December 1, 2001
Nov 15,
2002
Review DAMP
Within 6 momhs of
Nov 15,
ado Lion of this order
2002
Develop public education materials
Within 6 months of
Nov 15,
adoption of this order
2002
Establish mechanism to ensure local permits for
proposed construction sites and industrial
facilities are conditioned upon proof of
July 1, 2002
Nov 15,
2003
obtaining coverage under the state General
Permit
Develop and distribute model maintenance
procedures for public agency activities
July 1, 2002
Nov 15,
2003
r .Develop and distribute BMP guidance for
public agency and contract field operations and
maintenance staff
July I, 2002
Nov 15,
2003
Develop model maintenance procedures for
drainage facilities
July 1, 2002
Nov 15,
2003
Evaluate Environmental Performance Program
applicability to municipal maintenance
contacts, contract for field maintenance
July 1, 2002
Nov 15,
2003
operations, and leases
Review current grading/emsion control
ordinances
July 1, 2002
Nov 15,
2003
Implementation Agreement Revision
July 1, 2002
Nov 15,
2003
Lit ter /Trash Control Ordinance review
July 1, 2002
Nov 15,
2003
Additional Debris Control Measures
July 1, 2002
Nov 15,
Determination
2002
Complete Public Awareness Survey
July 1, 2002
Nov 15,
2003
Establish mechanism to ensure all construction
sites and industrial facilities, as required, are
covered by the state General Permit
July 1, 2002
Nov 15,
2003
at oraa
M &RP Order No. 01 -20, NPDES No. CAS618030
48 of 44
Proposed Monitoring Program
June 15, 2003
Nov 15,
2004
Legal Authority & Enforcement Strategy
July 1, 2003
Nov 15,
Certification
2004
Review effectiveness of ordinances in
July 1, 2003
Nov 15,
prohibiting discharges to MS4's as listed in
2004
Section 7.
Propose guidelines to determine and control
July 1, 2003
Nov 15,
impact of infiltration from leaking sanitary
2004
sewer systems
Propose mechanism to determine effect of
July 1, 2003
Nov 15,
septic system failures on storm water quality
2004
and a mechanism to address failures
Unified Response Guidance for Sewage Spills
July 1, 2003
Nov 15,
Impacting Receiving Water Quality ".
- - -
2004
Review oversight of portable toilets to
July 1, 2003
Nov 15,
determine need for any revision
2004
BMP Guidance for Restaurants, Automotive
July 1, 2.003
Nov 15,
Service Centers, and Gasoline Service .:.. "
2004
Stations, developed by Public Education
--
Committee
-
BMP Guidance for Control of Potential
July 1, 2003
Nov 15,
Polluting Activities not otherwise regulated
2004
Review existing BMPs for New Developments
July 1, 2003
Nov 15,
and Water Quality Management Plan to
2004
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,
and policies into the General Plan
2005
Report of Waste Discharge
180 days before permit
Dec. 1, 2005
expires
Annual Report/Fiscal Analysis
November 15th of each
Nov 15
year
M &RP Order No. 01 -20, NPDES No. CAS618030
Evaluate Storm Water Management structure
July 1st of each year
Nov 15
and Implementation Agreement
Review Enviroumental Performance Reports
July 1st of each year
Nov l5
Provide training to public agency staff and to
Annually
Nov l5
contract field operations staff
Re- evaluate monitoring program priorities
Annually
Nov 15
based on previous year's data
Evaluate the DAMP
July 1st of each year
Nov 15
Penmttee Committee meetings to discuss
Held at least 6 times
Nov 15
Permit implementation and regional and state -
each year
wide issues
49 of 44
Ordered by
Gerard J. Thibeault
Executive Officer
June 1, 2001