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HomeMy WebLinkAboutMINUTES - 05041993 - WC.1 -C t' WCA Contra TO: BOARD OF SUPERVISORS :•©�` -: Costa FROM: WATER COMMITTEE County SUPERVISOR SUNNE WRIGHT McPEAK, CHAIR SUPERVISOR TOM TORLAKSON DATE: MAY 4, 1993 SUBJECT: REPORT ON COUNTY NON-POINT SOURCE POLLUTION CONTROL (NPDES) PROGRAM SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS . la. Direct the Public Works Department to communicate with Cities involved in the storm water pollution control program, requesting further contemplation of methods of additional phasing or delay of program components to offset budgetary constraints. lb. Direct the Public Works Department to report City responses to the County request for a phased approach on pollution control to the Water Committee at their next meeting. 2 . Direct the Public Works Department to consider County responsibility related to our storm water pollution program planning effort, and propose potential methods to further phase or delay this program, and report back to the Water Committee. 3 . Direct the Public Works Department to convene a meeting with the Regional Water Quality Control Board(s) and legislators in order to disbuss a phased approach in meeting federal mandates related to the storm water pollution control program, and report back to the Water Committee at their next scheduled meeting. CONTINUED ON ATTACHMENT: YES RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : Supervisor Sunne W. McPeak, Chair Supervisor Tom Torlakson M AV 4 4910 ACTION OF BOARD ON 6 oril 11 ICIZIS APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT S - IL TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (510/646-2071) ATTESTED MAY 4 :1993 cc: Community Development Dept. (CDD) PHIL BATCHELOR, CLERK OF Public Works Department THE BOARD OF SUPERVISORS ' County Administrator AND COUNTY ADMINISTRATOR County Counsel nn BY DEPUTY RG:gms wa2:\bo\44-93.wc1 ! V- I Report on County Non-Point Source Pollution Control (NPDES) Program Continued - Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS The County is required to conform to federal mandate in accordance with the 1972 Federal Pollution Control Act (Clean Water Act) , which forbids release of pollutants into navigable waters. As amended, this Act now requires the Environmental Protection Agency (EPA) to enforce these regulations related to National Pollutant Discharge Elimination System (NPDES) permits, and related programs to reduce discharges. Oversight is provided by the State Water Resources Control Board and respective Regional Boards. Storm water runoff has been determined to be one of the largest contributors of pollution to the Bay-Delta Estuary, draining with it oil, grease, metals and other sediments through storm drainage systems to creeks and into the estuary. This mandate requires the County and Cities to comply with this program or face substantial financial penalty. The Water Committee recognizes the import and need for such a program, but questions the need for a full force program to be initiated during such a critical budgetary situation, when essential services are being cut. Further phasing of this program over time could potentially ease the financial burden at the County level. RG:gms wa2:\bo\44-93.wc1 f. APR-27-1993 17:16 FROM C.C.C.PUHLIC WORKS TO !�S ,02 PARCEL NO. ` I ) Return — 372.191-021 CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT 255 Glacier Drive Martinez, CA, 94553 CONTRA COSTA COUNTY 651 PINE ST MARTINEZ CA 94553 NOTICE OF PUBLIC HEARINGS ON STORMWATER UTILITY AREA FORMATION, • AVAtLABIL4TYOF REPORT-DUE44i-A FEDERA LY#li/Hi1BkTED- STORMWATER POLLUTION CLEAN-UP PROGRAM The federal government has mandated a clean-upprogram for stormwater pollution that .will directly Improve water quality for drinking supplies, Industrlal or manufacturing processes and enhance fish and wildlife habitats. No federal monies have been provided. Therefore, funding must came frons local resources. Acting under protest, the Board of Supervisors, as the governing board of the Contra Costa County Flood Control and Water Conservation District, will hold two public hearings on TTh__u_rrs_d_a_y, June 10 1993 at 6:00 PM and T esda June 15 1993 at 6:00 PM In the Board of Supervisor s am er, County ACIMInistralion Building, 651 Pine Street, Madinez, California, for final consideration of the report submitted by 'the Chief Engineer proposing the formation of a Stormwater U;lity Area encompassing all territory within the boundaries of the City of Martinez and the imposition of annual assessments to be levied on all developed propert(es within the Stormwater utility area. The proposed action has the concurrence of Contra Costa County and the following Cities and Towns: Antioch, Clayton, Concord, Danville, EI Cerrito, Hercules, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Pablo, San Ramon, and Pleasant Hill. If the assessments are .approved, the assessment on your property for Fiscal Year 1993-94 would be $103.75 This assessment is based on 5.1 "equivalent runoff unit(s)" or "ERU' (see explanation on reverse aide of this notice) at20Xi peRU. In future years, the assessment rate would not exceed 0.00 per ERU without further notice and hearing as required byy�applicable law. Non-compliance by any city or the county could result in a daily fine of $10,000 and $20 per gallon of discharge from action brought by the California State Water Resources Control Board. At the time, date and place specified above for the public hearings, the governing board will hear and consider all comments or protests; if any, to said report, and may, thereafter, by ordinance vr••resvlatiM foam the Stormwater—u611iy-&rea--and levy-the-assessfn*Ms. At aiTy—finle-btfcTt't3 ales- conclusion of the June 15 1993public heariML any property owner within the stormwater utility area may MaKe written protest aa n the proposed assessments. The protest shall be In writing, shall contain a description of the property (including the above parcel number and the name of the city. town or County mentioned in the first Paragraph) sufficient To - Identify y t e proper,y an ; the signers are no Shown an a last equa izzetc assessment roll as the owners of that property shall contain or be accompanied by written evidence that 'the signers are the owners of the property proposed to be assessed and who will be obligated to pay the proposed assessment (see reverse side). Any such protests shall be delivered to the Contra Costa County Flood Control District, 255 Glacier Drive, Martinez, California 94553. No other protests or objections shall be considered. A majority protest by owners of more than 50% In the area of the territory proposed to be Included- In the Stormwater utility area would cause the assessments to be abandoned. The Chief Engineer's report, briefly summarized on the reverse side of this notice, contains data Supporting the need for the proposed assessments, a description of the intended uses of the assessments and the types of property to be assessed, and other related information. The report Is available for public Inspection at the Contra Costa County Flood Control District office located at 255 Glacier Drive, Martinez, California. Any questions concerning this ngtice, the report of the proposed assessments, and protest procedures can be directed to staff at (510) 313-2238 or (510) 313-2279. J. MICHAEL WALFORD. Chief Engineer NOTE:' PLEASE SEE REVERSE SIDE OF THIS NOTICE s APR-27-1993 17:17 FROM C.C.C.PUBLIC WORKS TO COM. DEV. P.03 STORMWATER UTIU Y AREAS AND PROPOSED ASSESSMENTS F-EVEBA AND STATE LAWS: The Federal Water Pollution Control Act, generally known as the Clean Water Act, was adopted by Congress in 1972 h specifically prohibits the-discharge of any pollutants(e.g., herbicides, pesticides, oil, grease, etc.)to the`navigable waters of the United States.• The initial focus of the Act was to prohibit these pollutants from Industrial process and municipal sewage discharges. The Act amended in 1987, now mandates the Environmental Protection Agency(EPA)to enforce regulations establishing the National Pollutant Discharge Elimination System(NPDES) Permit where those responsible for stormwater discharges(municipalities,Industries and construction pro"must appy for a NPDES permit and take action to eliminate these discharges. In California, NPDES permits are Issued by the California State water Resources Control Board and its nine Regional water Cualky Control Boards(RWQCB). LOCAL PROGRAMS: Stormwater runoff is one of the largest sources of pollution In the San Francisco Bay and the Deka Estuary. This•urban runofr is polluted by pesticides, oil„ grease, heavy metals and sediments which are washed off streets and yards Into storm drains, creeks and eventually,the Bay-Deka Estuary. Under the direction of the California State Water Resources Control Board, Contra Costa County, b incorporated cities and the Contra Costa County Flood Control and Water Conservation District have joined together to design and Implement a Stomiwater Pollution Prevertian Program. This county-wide NPDES Program seeks to radloany reduce and/or eliminate these pollutants from local stormwater runoff. Activities win include an illegal discharge and illicit connection inspection program; regular smot- sweeping and catch basin cleaning;wet and dry weather water quality monitoring,detection and olean-up program;and, a public education program to Inform dens of the direct result of dumping oil, paints, solvents, etc. down the storm sewer system. ASSESSMENT CALCULATION: it Is planned that there will be a separate stonnwater utility area for each participating municipalfty-clty,town or county(unincorporated areas). The assessment for the costs of each area's program Is based on the amount of'Impervious surface generated by various types of land uses within the area Impervious surfaces,such as roads, sidewalks and roofs, create stormwater, which washes any pollutants from these surfaces to storm drains. Therefore, the amount of pollutants in the stormwater is directly related to the amount of impervious surface on each parcel. As described In the Engineer's Report different land uses have been surveyed within Contra Costa County and estimates have been prepared of the relative amount of impervious surfaces for these various uses (e.g., single family residential, apartment houses, office:buitdings, etc.). The proportions established in the study were used to determine an-equivalent runoff unity ('ERUI for each type of land use. The costs of each area's program are divided.by the total number of ERUs in the area to determine the'unit assessment'for the area. Each parcel's total assessment Is;calculated by mukiplysng the ERU applicable to the parcel's land use by the unit assessment for the area EXAMPLES pF ERUs: A single farmny residential parcel between 5,000 and 20,000 square feet Is assessed one ERU. Commercial and industrial parcels,depending on use,have higher assignments. For example,an office building may be assessed nine ERVS per acre and heavy Industry may pay at the rate of twelve ERUs per acre. The maximum ERU assessment rate is the highest rate that can be charged in future years without further notice to property owners. SUMM Due to the current eoorxo Me situation,the County and all cities have tried to postpone this federal mandate, but to no avail. The Contra Costa NPDES Program Is federally mandated. Cava Costa County, ft it corporated cities and the Flood Control District are working to comply with the Stormwater Pollution regulations at the lowest cost possible. Compliance wig greatly corrtribute tothe task of ridding pollution to the waters in our local creeks,the San Francisco Bay and the Delta Estuary. Non-compliance by arrr city or the county could result in substantias fines. For more complete Information,see the Engineer's Report referred to in the notice. PROTEST: .......................... - ------• -- ...................................- Uwe, .'protest the formation of the stornrNraw utility area and assessment proposed to be levied on.the property assigned parcel number located at . (address) in the Cky/Town/Courty of I amlWe are.the owner(s) of the above parcel. c Signature(s)of Property Owners N not listed as owners on the last equalized roll, you must provide written evidence with this protest that you are owners of the property and would be name to pay the proposed awAs mment TOTAL P.03